Title SD, Special District Local Laws Code

Sec. 7807.051. COMPOSITION OF BOARD; TERMS. (a) The board consists of seven directors. (b) Directors serve staggered two-year terms and are appointed as follows: (1) the Commissioners Court of Dallas County shall appoint one director to a term expiring each even-numbered year; (2…

Sec. 7807.052. QUALIFICATIONS FOR OFFICE. (a) A director must own land in the district subject to taxation at the time the person qualifies for office. (b) Each director must be fully qualified to serve as director before taking office. Added by Acts 2011, 82nd Leg., R.S., Ch. 70…

Sec. 7807.053. 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: (1) approved by the board; and (2) recorded in the official bond records of the county clerk of Dall…

Sec. 7807.054. BOARD VACANCY. (a) Except as provided by Subsection (b) or (c), a vacancy on the board shall be filled by appointment to the unexpired term by the governing body that appointed the director in whose position a vacancy exists. (b) If under Subsection (a) the governi…

Sec. 7807.055. OFFICERS AND ASSISTANTS. (a) The board shall annually elect a president, one or more vice presidents, a secretary, and a treasurer. (b) The board may appoint one or more assistant secretaries and an assistant treasurer. An assistant secretary or assistant treasurer…

Sec. 7807.056. SECRETARY'S DUTIES. The board secretary or an assistant secretary shall keep the minutes of the board meetings and all official records of the board and may certify to any action the board takes. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, e…

Sec. 7807.057. 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 $50, not to exceed a maximum payment of $200 per month. Added by Acts 2011, 82nd Leg., R.S., Ch. …

Sec. 7807.058. BOARD PROCEDURES. The board shall designate the proper execution of all contracts, signing of checks, or handling of any other matters entered into by the board as shown in the district's official minutes. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Se…

Sec. 7807.059. MEETING PLACE. (a) The board shall designate a meeting place or places. (b) Any meeting place of the district is a public place for matters pertaining to the district's business. (c) The board shall give notice of the meeting place and of any changes in the meeting…

Sec. 7807.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The district has all of the rights, powers, privileges, and functions provided by the general law of this state applicable to a levee improvement district created under the authority of Section 59, Article XVI, Texas Constitut…

Sec. 7807.102. EXCLUSION OR ANNEXATION OF LAND. (a) The board may exclude land from the district or add land to the district in accordance with Subchapter J, Chapter 49, or Subchapter H, Chapter 54, Water Code. (b) Land may not be added to the district until the board has obtaine…

Sec. 7807.103. EMINENT DOMAIN. (a) The district may exercise the power of eminent domain provided by Chapter 49, Water Code. (b) The district may not exercise the power of eminent domain without first obtaining the approval of any municipality in which the subject property is loc…

Sec. 7807.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b) in providing comparable rep…

Sec. 7807.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; ELECTION NOT REQUIRED. (a) The district may enter into a contract with the United States, the City of Carrollton, the City of Farmers Branch, another public body, or an individual, corporation, or other entity for the oper…

Sec. 7807.106. CONSTRUCTION CONTRACTS: MUNICIPAL APPROVAL REQUIRED. Plans and specifications for a construction contract must be approved, before the contract is awarded, by any municipality in which the improvements or facilities are to be constructed. Added by Acts 2011, 82nd L…

Sec. 7807.107. CONSTRUCTION CONTRACTS: AWARD. (a) The board shall award all construction contracts. (b) The board may award contracts to construct improvements included in the approved plan of reclamation for the district at the times and in the amounts that the board considers i…

Sec. 7807.108. CONSTRUCTION CONTRACTS: EXECUTION AND AVAILABILITY. (a) A contract under Section 7807.107 must be in writing and be signed by: (1) the contractor; and (2) the president and secretary of the board. (b) A copy of each construction contract shall be kept in the distri…

Sec. 7807.109. CONSTRUCTION CONTRACTS: PAYMENT. (a) A contract under Section 7807.107 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 su…

Sec. 7807.110. FLOOD HAZARD AREAS. (a) The board shall designate flood hazard areas in the district if the board finds that the public health and safety and the purposes of Section 59, Article XVI, Texas Constitution, will be promoted by the designation. (b) The area to be includ…

Sec. 7807.111. SETBACK LINES. (a) The board shall establish building setback lines along any waterway in the boundaries of the district if the board finds the setback lines are needed to protect the public health and safety and to accomplish the purposes of Section 59, Article XV…

Sec. 7807.112. DISTRICT ELECTIONS. (a) The board shall order each election the district is required to hold. (b) Notice of a district election must be published once a week for two consecutive weeks in a newspaper with general circulation in Dallas County, with the first publicat…

Sec. 7807.151. TAX METHOD. (a) The district shall use the ad valorem plan of taxation. (b) Subchapter G, Chapter 54, Water Code, applies to all matters relating to the imposition of district taxes. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, …

Sec. 7807.152. TAX ASSESSOR AND COLLECTOR. (a) The board shall appoint a tax assessor and collector and may appoint deputies that the board considers necessary. (b) The tax assessor and collector and each deputy shall qualify by executing a bond for $10,000 conditioned on the fai…

Sec. 7807.153. DEPOSITORY. (a) The district's treasurer shall see that all district money is deposited in the depository bank or banks designated by the board as the official depository of the district. (b) To the extent that money in the depository bank is not insured by the Fed…

Sec. 7807.154. INVESTMENT OF DISTRICT MONEY. District money may be invested by the board, the treasurer, or another qualified representative of the district in direct or indirect obligations of the United States, the state, or any political subdivision of the state, or may be pla…

Sec. 7807.201. AUTHORITY TO ISSUE BONDS. The board may issue district tax bonds to acquire money to carry out any power or accomplish any purpose conferred by this chapter. The bonds may be authorized by a board order. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec.…

Sec. 7807.202. FORM OF BONDS. District bonds shall be signed and executed as provided by the board in the order authorizing the issuance of the bonds. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7807.203. MATURITY. District bonds must mature not later than 40 years after their date of issuance. Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7807.204. ELECTION REQUIRED. (a) Bonds, other than refunding bonds, may not be issued unless authorized by a majority of the votes cast in an election held to determine whether the bonds should be issued and whether a tax should be imposed to pay the principal of and interes…

Sec. 7807.205. USE OF BOND PROCEEDS. (a) The board may set aside part of the bond proceeds to: (1) pay interest on the bonds and administrative and operational expenses expected to accrue during the period of construction of the improvements or facilities; and (2) create reserves…

Sec. 7807.206. TAXES FOR BONDS. The board of directors 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…

Sec. 7807.207. BOND ANTICIPATION NOTES AND PRELIMINARY BONDS. (a) The district may issue either bond anticipation notes or 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 en…

Sec. 7807.208. REFUNDING BONDS. (a) The board may issue refunding bonds to refund or refinance all or part of the district's outstanding bonds and matured but unpaid interest coupons. (b) District refunding bonds must mature not later than 40 years after their date of issuance. A…