Title SD, Special District Local Laws Code

Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT. The City of Irving may dissolve and abolish the district at the municipality's discretion on written notice of the dissolution and abolition to the board, in the same manner and on the same terms and obligations as prescribed …

Sec. 7803.051. COMPOSITION OF BOARD; TERMS. The board consists of seven elected directors who serve staggered terms. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.

Sec. 7803.052. ELIGIBILITY FOR OFFICE. A director must own land in the district subject to taxation at the time the director qualifies for office. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.

Sec. 7803.053. DIRECTOR'S BOND. (a) Each director shall qualify by giving bond in the amount of $5,000 for the faithful performance of the director's duties. (b) The bond must be recorded in the official bond records in the office of the county clerk of Dallas County. Added by Ac…

Sec. 7803.054. BOARD VACANCY. (a) Except as provided by Subsection (b), a vacancy on the board shall be filled by appointment to the unexpired term by the remaining directors. (b) The City Council of the City of Irving shall appoint directors to fill all vacancies on the board if…

Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT. (a) The board may authorize the president to sign all orders or take other action. (b) Any order adopted or other action taken at a board meeting at which the president is absent may be signed by the vice president, or t…

Sec. 7803.056. SECRETARY'S DUTIES. The board secretary shall keep accurate minutes and may certify to any action the board takes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.

Sec. 7803.057. TREASURER. (a) The board may appoint a district treasurer. (b) The district treasurer shall give bond in an amount required by the board, conditioned on the treasurer's faithful accounting of all money that comes into the treasurer's custody as district treasurer. …

Sec. 7803.058. COMPENSATION. Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director shall receive a per diem payment of $25 for each day spent performing district work. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.…

Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S BEHALF. The board may designate one or more directors who, on behalf of the district, may execute all contracts, including a construction contract, sign checks, or handle any other matter entered into by the board as sho…

Sec. 7803.060. DISTRICT OFFICE. (a) The board shall designate, establish, and maintain a district office inside the district. (b) The board may establish a second district office outside the district. If the board establishes a second district office, the board shall give notice …

Sec. 7803.061. RECORDS. The board shall keep and maintain complete and accurate accounts and records, which shall be kept at the district's principal office and be open to public inspection at reasonable times. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, …

Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The district has the rights, powers, privileges, and functions applicable to a levee improvement district created under the authority of Section 59, Article XVI, Texas Constitution, including those conferred by Chapters 49 and…

Sec. 7803.102. ANNEXATION OF LAND. (a) The district may annex land in the manner provided by Subchapter J, Chapter 49, or Subchapter O, Chapter 51, Water Code, to the extent applicable. (b) If land is annexed by the district under Section 49.301 or 51.714, Water Code, the board m…

Sec. 7803.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain in Dallas County to acquire the fee simple title to or an easement or right-of-way to, over, or through any private or public land, water, or land under water that is in the district, borders…

Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In this section, "sole expense" means the actual cost of: (1) relocating, raising, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b); and (2) providing comparable re…

Sec. 7803.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; ELECTION NOT REQUIRED. (a) The district may enter into a contract with the United States, the City of Irving, another public body, or an individual, corporation, or other entity for the maintenance or construction of any f…

Sec. 7803.106. CONTRACTS OVER $25,000. (a) A contract involving an expenditure of more than $25,000 for the construction of a district facility or improvement or for the purchase of machinery, materials, or supplies for the district must be entered into by the board in accordance…

Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND AVAILABILITY. (a) A construction contract must be in writing and signed by the contractor and: (1) the president and secretary of the board; or (2) a majority of the directors. (b) A copy of each construction contract shall be …

Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT. (a) A construction contract may be paid for in partial payments as the work progresses, based on estimates approved by the district's engineer. (b) The payments may not exceed 90 percent of the amount due at the time of the payments…

Sec. 7803.109. FLOOD HAZARD AREAS. (a) The board by resolution shall designate flood hazard areas in the district if the board finds that the public health, safety, and general welfare, and the purposes of Section 59, Article XVI, Texas Constitution, will be promoted by the desig…

Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND HEARING. (a) The board may establish and maintain building setback lines along any waterway in the district for the purpose of promoting the public health, safety, and general welfare and accomplishing the purposes of Section …

Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS. (a) Except as otherwise provided by this section, after the establishment of building setback lines under Section 7803.110, a structure may not be erected within the setback lines. (b) A person intending to erect a structure wit…

Sec. 7803.112. LEGISLATIVE INTENT. Sections 7803.110 and 7803.111 are intended to give the board the right to protect from encroachment those areas that need to be protected from encroachment for such immediate and future drainage and flood control right-of-way requirements in th…

Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS. Notice of a district election must be published once in a newspaper with general circulation in Dallas County and in the district at least 20 days before the date of the election. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026…

Sec. 7803.151. TAX METHOD. (a) The district shall use the ad valorem plan of taxation, including for any separately defined area annexed under Subchapter F. (b) The board is not required to call or hold a hearing on the adoption of a plan of taxation. Added by Acts 2013, 83rd Leg…

Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES. (a) The tax assessor and collector for the City of Irving shall assess and collect taxes for the district. (b) The tax assessor and collector shall make the records maintained by the tax assessor and collector available to the di…

Sec. 7803.153. CERTIFICATION OF TAX RATE. Each year, the board shall certify to the tax assessor and collector for the City of Irving the rate or rates of tax that the board has imposed for bond and maintenance purposes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), S…

Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The district is not required to pay a tax or assessment on: (1) district property; or (2) a purchase made by the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.

Sec. 7803.155. DEPOSITORY. (a) The board shall designate one or more banks inside or outside the district to serve as the depository for the district's money. (b) All district money shall be deposited in the depository bank or banks, except that sufficient money must be remitted …

Sec. 7803.201. AUTHORITY TO ISSUE BONDS. The board may issue district tax bonds to acquire money to carry out any district power or accomplish any district purpose under this chapter. The bonds may be authorized by a board order. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B.…

Sec. 7803.202. FORM OF BONDS. District bonds and their related interest coupons shall be signed and executed as provided by the board in the order authorizing the issuance of the bonds. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.

Sec. 7803.203. MATURITY. District bonds must mature not later than 40 years after their date of issuance. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.02, eff. April 1, 2015.

Sec. 7803.204. ELECTION REQUIRED. (a) The district may not issue bonds, other than refunding bonds, unless the bonds are authorized by a majority vote of the district voters voting in an election held to determine whether the bonds should be issued and whether a tax should be imp…

Sec. 7803.205. USE OF BOND PROCEEDS DURING CONSTRUCTION. (a) The board may set aside part of the bond proceeds to: (1) pay interest on the bonds during the period of construction of improvements or facilities; and (2) create reserves for the payment of the principal of and intere…

Sec. 7803.206. TAXES FOR BONDS. The board may impose continuing direct annual ad valorem taxes on all taxable property in the district sufficient to: (1) provide for the payment of interest on bonds issued under this subchapter as the interest accrues; and (2) create and provide …

Sec. 7803.207. PRELIMINARY BONDS. (a) The district may issue preliminary bonds, which need not be designated as such, to provide a fund to pay: (1) the cost of making surveys and investigations, attorneys' fees, and engineers' work; (2) the cost of issuing bonds; and (3) all othe…

Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK. The district may exchange bonds: (1) for property acquired by purchase; or (2) in payment of the contract price of work performed for the use and benefit of the district. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026…

Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA. (a) In addition to annexing land under Section 7803.102, the board may annex land to the district as a separately defined area on the petition of the owner or owners of a majority of the land contained in an area defined by metes an…

Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO ANNEX DEFINED AREA. (a) On receipt of a petition under Section 7803.251, the board by order shall set a time and place for a hearing on the petition to be held not less than 30 days after the date of the order. (b) Notice of the…

Sec. 7803.253. ORDER ANNEXING DEFINED AREA. (a) The board by order may designate an area as a separately defined area and annex the area to the district if, on hearing a petition under Section 7803.252, the board finds that: (1) there is a need for improvements for the conservati…

Sec. 7803.254. ELECTION REQUIRED. (a) Annexation of a separately defined area is not final until ratified by a majority vote of the voters in the defined area voting at an election held in the area. (b) Section 7803.113 governs notice of an election under this section. (c) A sepa…

Sec. 7803.255. NUMBERING OF DEFINED AREAS. All annexed separately defined areas shall be numbered in consecutive order. The first separately defined area shall be designated as "Irving Flood Control District of Dallas County, Texas - Section II." Added by Acts 2013, 83rd Leg., R.…

Sec. 7803.256. ADMINISTRATION OF DEFINED AREA. (a) The board shall administer all business incident to any separately defined area annexed under this subchapter. (b) Each annexed separately defined area shall pay its pro rata share of the administrative costs of the district, bas…

Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA. Except as otherwise provided by this subchapter, or where in conflict with this subchapter, an annexed separately defined area has the rights, duties, restrictions, and provisions of this chapter. Added by Acts 2013, 83rd Leg., R.…

Sec. 7803.258. TAXATION; GENERAL PROVISIONS. (a) An annexed separately defined area is a separate tax area for the payment of all indebtedness incurred for improvements constructed on authorization of the defined area and for the maintenance of those improvements. (b) A separatel…