Title SD, Special District Local Laws Code

Sec. 3954.205. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been ap…

Sec. 3954.251. DISSOLUTION BY CITY ORDINANCE. (a) The governing body of the city may dissolve the district by ordinance. (b) The governing body may not dissolve the district until: (1) water, sanitary, sewer, and drainage improvements and roads have been constructed to serve at l…

Sec. 3954.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than revenue from ad valorem taxes, the city shall succeed to the rights and obliga…

Sec. 3954.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the city assumes the obligations of the district, including any bonds or other debt payable from assessments or other district revenue. (b) If the city dissolves the district, the boar…

Sec. 3956.001. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Port Neches. (3) "County" means Jefferson County. (4) "Director" means a board member. (5) "District" means the Port Neches Improvement District. Added b…

Sec. 3956.002. NATURE OF DISTRICT. The Port Neches Improvement District is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017.

Sec. 3956.003. PURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the distric…

Sec. 3956.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by …

Sec. 3956.005. DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field no…

Sec. 3956.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created under Chapter 311, Tax Code; (2) a tax abatement reinvestment zone created under Chapter 312, Tax Co…

Sec. 3956.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017.

Sec. 3956.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3956.051. GOVERNING BODY; TERMS. The district is governed by a board of seven voting directors who serve staggered terms of two years, with three or four directors' terms expiring June 1 of each year. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. Jun…

Sec. 3956.052. ELIGIBILITY OF DIRECTORS. A person is eligible to serve as a voting or nonvoting director only if the person is eligible to register to vote under Section 13.001, Election Code. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017.

Sec. 3956.053. APPOINTMENT OF VOTING DIRECTORS. The governing body of the city, including the mayor, shall appoint the voting directors. A person is appointed if a majority of the members of the governing body vote to appoint that person. Added by Acts 2017, 85th Leg., R.S., Ch. …

Sec. 3956.054. NONVOTING DIRECTORS. The board may appoint nonvoting directors to serve at the pleasure of the voting directors. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017.

Sec. 3956.055. QUORUM. For purposes of determining the requirements for a quorum of the board, the following are not counted: (1) a board position vacant for any reason, including death, resignation, or disqualification; (2) a director who is abstaining from participation in a vo…

Sec. 3956.056. COMPENSATION. A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code. Sections 375.069 and 375.070, Local Government Code, do not apply to the board. Added by Acts 2017, 85th Leg., R.S., Ch. …

Sec. 3956.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017.

Sec. 3956.102. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using any money available to the district, or contract with a governmental or private entity …

Sec. 3956.103. DEVELOPMENT CORPORATION POWERS. The district, using money available to the district, may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or mai…

Sec. 3956.104. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter. (b) The nonprofit corporation: (1) has each powe…

Sec. 3956.105. AGREEMENTS; GRANTS. (a) As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any person. The district shall promptly notify the city of any gift or grant accepted by the district. (b) The i…

Sec. 3956.106. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county or the city, to provide law enforcement services in the district for a fee. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Se…

Sec. 3956.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose. Added by Acts 2017, 85th Leg., R.S., Ch. 663 …

Sec. 3956.108. PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for p…

Sec. 3956.109. ANNEXATION OF LAND. The district may annex land as provided by Subchapter J, Chapter 49, Water Code. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017.

Sec. 3956.110. NAVIGATION DISTRICT POWERS. The district has the powers provided by the general law of this state applicable to navigation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 60 and 62, Water Code. Added by Acts 2017, 85th Leg., …

Sec. 3956.111. APPROVAL BY CITY. (a) Except as provided by Subsection (c), the district must obtain the approval of the city for: (1) the issuance of bonds or any other obligations, subject to Section 3956.201 or 3956.203; (2) the plans and specifications of an improvement projec…

Sec. 3956.112. CONSENT OF CITY REQUIRED. The district may not take any of the following actions until the city has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district: (1) hold an election under Subchapter L, Chapter 3…

Sec. 3956.113. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. June 12, 2017. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3956.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), Sec. 1, eff. Jun…

Sec. 3956.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district. Added by Acts 2017…

Sec. 3956.153. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the b…

Sec. 3956.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district. (b) An assessment, a reassessment, or an assessment resulting from an addition to or …

Sec. 3956.201. ELECTIONS REGARDING TAXES AND BONDS. (a) The district may issue, without an election, bonds, notes, and other obligations secured by: (1) revenue other than ad valorem taxes; or (2) contract payments described by Section 3956.203. (b) The district must hold an elec…

Sec. 3956.202. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election held in accordance with Section 3956.201, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Sec…

Sec. 3956.203. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been ap…

Sec. 3956.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. Section 375.205, Local Government Code, does not apply to a loan, line of credit, or other borrowing from a bank or financial ins…

Sec. 3956.205. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part…

Sec. 3956.206. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Except as provided by Section 375.263, Local Government Code, a municipality is not required to pay bonds, notes, or other obligations of the district. Added by Acts 2017, 85th Leg., R.S., Ch. 663 (S.B. 2271), …

Sec. 3957.001. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "County" means Fort Bend County. (3) "Director" means a board member. (4) "District" means the Fort Bend County Municipal Management District No. 2. Added by Acts 2017, 85th Leg.…

Sec. 3957.002. NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2017, 85th Leg., R.S., Ch. 635 (H.B. 4320), Sec. 1, eff. June 12, 2017.

Sec. 3957.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district…

Sec. 3957.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by …

Sec. 3957.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the …