Title SD, Special District Local Laws Code

Sec. 8513.0326. CONCESSIONS AND FRANCHISES RELATING TO WORKS OF IMPROVEMENT, PARKS, RECREATIONAL FACILITIES, AND FISH OR WILDLIFE PRESERVES AND RESERVES. The authority may grant to any person a concession or franchise on the premises of any work of improvement, park, recreational…

Sec. 8513.0327. OFFICIAL NEWSPAPER. The authority may designate an official newspaper in each county in the authority. An official newspaper must have general circulation in the county in which the newspaper is situated. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), S…

Sec. 8513.0328. AUTHORITY CONSTABULARY. (a) The authority may constitute and maintain an independent constabulary. (b) A constabulary constituted under this section is subject to the oath and bond requirements of a county sheriff under Section 85.001, Local Government Code. (c) A…

Sec. 8513.0329. STATE SUPERVISION AND APPROVAL. (a) The commission shall cooperate with the authority to: (1) make investigations and plans; and (2) to the extent provided by Subsection (b), approve investigations and plans for improvements provided by the authority. (b) This sec…

Sec. 8513.0330. COORDINATION WITH NONPROFIT ORGANIZATION. (a) In this section, "affiliated nonprofit organization" means a nonprofit organization: (1) created by the authority; or (2) for which the authority, board, or authority employees have a right to appoint one or more of th…

Sec. 8513.0401. ADOPTION OF RULES. The authority may by ordinance adopt reasonable rules to: (1) carry out this chapter; (2) protect and secure authority property and works of improvement; and (3) regulate pollution, residence, hunting, fishing, boating, and camping, and any othe…

Sec. 8513.0402. ENFORCEMENT OF RULES; PENALTY. The authority by rule may prescribe reasonable and commensurate penalties for the violation of an authority rule, as provided by Section 49.004, Water Code. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 2…

Sec. 8513.0403. NOTICE OF RULE PROVIDING PENALTY. (a) If the authority adopts a rule that provides a penalty, the authority must publish a substantive statement of the rule and the penalty once a week for two consecutive weeks in a newspaper of general circulation in each county …

Sec. 8513.0404. JUDICIAL NOTICE OF RULES. A court shall take judicial notice of a rule adopted under this subchapter and published as required by Section 8513.0403. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025.

Sec. 8513.0405. RECOVERY OF LITIGATION COSTS. Section 49.004, Water Code, governs the recovery of costs incurred by the authority in any suit by the authority to enforce its rules. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025.

Sec. 8513.0406. APPEAL BOND NOT REQUIRED. The authority is not required to give bond on any appeal from judgment in any court. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025. SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 8513.0501. OBLIGATION PAYABLE. A debt, liability, or obligation of the authority for the payment of money, however entered into or incurred and whether arising from an express or implied contract or otherwise, is payable solely: (1) out of the revenue received by the authori…

Sec. 8513.0502. FISCAL YEAR. The authority's fiscal year ends on September 30 of each year. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025. SUBCHAPTER F. TAX PROVISIONS

Sec. 8513.0601. AUTHORITY TO IMPOSE AD VALOREM TAX. (a) The authority may impose an ad valorem tax throughout the territory of the authority at a rate not to exceed the rate approved at an election held in accordance with Section 8513.0602 for: (1) the maintenance of the authorit…

Sec. 8513.0602. ELECTION FOR AD VALOREM TAX. (a) The board may impose an ad valorem tax within the maximum tax rate approved at the election for a purpose authorized by this subchapter if the tax is approved at an election held in the authority by a majority of the votes cast: (1…

Sec. 8513.0603. PUBLIC HEARING; NOTICE. (a) If the board orders an election under Section 8513.0602, the board must hold a public hearing in each county in the authority to discuss the proposed tax issue. (b) Each public hearing must be held: (1) not less than 10 days before the …

Sec. 8513.0604. MAXIMUM TAX RATE. The maximum rate of the tax that may be imposed under this subchapter for any year is two cents on each $100 of assessed valuation of taxable property. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025.

Sec. 8513.0605. ASSESSMENT AND COLLECTION OF TAXES. (a) The authority's tax rate shall be uniform throughout the territory of the authority. The chair and secretary of the board shall certify the tax rate to the assessor-collector of each included county. (b) The fee of each coun…

Sec. 8513.0606. LEGISLATIVE INTENT. It is the intent of the legislature that: (1) an ad valorem tax imposed by the authority: (A) enables the authority to accomplish its purposes, including the maximum development of the authority's soil and water resources, it being hereby found…

Sec. 8513.0607. APPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a tax imposed under Subchapter H. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025. SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS

Sec. 8513.0701. BORROWED MONEY AND GRANTS. (a) The authority may: (1) borrow money for the authority's corporate purposes; (2) execute proper notes and other evidence of indebtedness; (3) borrow money or accept a grant from the United States or this state and, in connection with …

Sec. 8513.0702. POWER TO ISSUE BONDS. (a) For the purpose of constructing improvements related to the exercise of any power conferred on the authority by law, the authority may, without an election, issue bonds secured by a pledge of revenues of the authority without reference to…

Sec. 8513.0703. TERMS OF ISSUANCE. Authority bonds may be: (1) sold for cash; (2) issued on terms the board determines in exchange for any property, or any interest in property, that the board considers necessary or convenient for the corporate purpose for which the bonds are iss…

Sec. 8513.0704. DEPOSIT OF PROCEEDS. The proceeds of sale of authority bonds may be deposited in one or more banks or trust companies and may be paid out according to the terms on which the authority and the purchasers of the bonds agree. Added by Acts 2025, 89th Leg., R.S., Ch. …

Sec. 8513.0705. RESOLUTION PROVISIONS. (a) A resolution authorizing bonds may contain provisions approved by the board that are not inconsistent with this chapter, including provisions: (1) reserving the right to redeem the bonds at a time, in an amount, and at a price not to exc…

Sec. 8513.0706. DEFAULT PROCEDURES. (a) This section applies only to a default in: (1) the payment of the interest on bonds as the interest becomes due and payable; (2) the payment of the principal of bonds as they become due and payable, whether at maturity, by call for redempti…

Sec. 8513.0707. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED BY AUTHORITY. (a) Using any money available for the purpose, the authority may purchase bonds issued by it at a price not exceeding the redemption price applicable at the time of purchase, or, if the bonds are not redeem…

Sec. 8513.0708. BONDS EXEMPT FROM TAXATION. A bond issued under this chapter and the interest on the bond are exempt from taxation, except inheritance taxes, by this state or by any political subdivision of this state. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec…

Sec. 8513.0801. POWER TO ESTABLISH POLLUTION CONTROL DISTRICT. (a) The authority may establish one or more pollution control districts for the purpose of accomplishing any of the powers, purposes, rights, or privileges vested in the authority. (b) A pollution control district may…

Sec. 8513.0802. RESOLUTION PROCEDURES CALLING FOR CREATION OF POLLUTION CONTROL DISTRICT. (a) A resolution of the board calling for the creation of a pollution control district must: (1) define the boundaries of the proposed district; and (2) set a time and place for a public hea…

Sec. 8513.0803. PUBLIC HEARING ON CREATION OF POLLUTION CONTROL DISTRICT; NOTICE. (a) The authority must hold a public hearing on the matters set forth in a resolution calling for the creation of a pollution control district before the proposed district is established. (b) The he…

Sec. 8513.0804. PUBLIC TESTIMONY ON CREATION OF POLLUTION CONTROL DISTRICT. (a) A hearing on the matters set forth in a resolution calling for the creation of a pollution control district must include an opportunity for: (1) any interested person, including a person who owns prop…

Sec. 8513.0805. MAINTENANCE TAX AND BOND ELECTION FOR POLLUTION CONTROL DISTRICT. An election ordered within the boundaries of a proposed pollution control district to authorize the imposition of a maintenance tax or the issuance of bonds may be held at the same time as any gener…

Sec. 8513.0806. JUDICIAL REVIEW OF RESOLUTION CREATING POLLUTION CONTROL DISTRICT. (a) A resolution of the board creating a pollution control district adopted under Section 8513.0802(e) is final and not subject to judicial review except on the basis of whether the resolution is s…

Sec. 8513.0807. FILING REQUIREMENT. A resolution of the board creating a pollution control district adopted under Section 8513.0802(e) shall be filed in the deed records of each county in the district's territory. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, …

Sec. 8513.0808. POLLUTION CONTROL DISTRICT TERRITORY. (a) A pollution control district may include any territory, whether or not contiguous, in the authority. (b) If any portion of the territory of a proposed pollution control district falls within the boundaries or the exclusive…

Sec. 8513.0809. ANNEXATION OF TERRITORY TO POLLUTION CONTROL DISTRICT. (a) Territory may be annexed to an existing pollution control district in the manner provided by this section. (b) The board may annex territory under this section by resolution of the board or by a petition r…

Sec. 8513.0810. POWER TO ISSUE BONDS; TAX FOR POLLUTION CONTROL DISTRICT. (a) The board may: (1) incur any indebtedness necessary to provide all improvements and the maintenance of those improvements required to achieve the purposes for which any pollution control district is org…

Sec. 8513.0811. CONFLICT OF LAW. In all areas of conflict with this subchapter and Chapters 49 and 51, Water Code, this subchapter prevails. Added by Acts 2025, 89th Leg., R.S., Ch. 240 (H.B. 2692), Sec. 1, eff. May 29, 2025.