Title SD, Special District Local Laws Code

Sec. 3964.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Conroe, Texas. (3) "Commission" means the Texas Commission on Environmental Quality. (4) "Director" means a board member. (5) "District" means the City …

Sec. 3964.0102. CREATION AND NATURE OF DISTRICT. The district is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0103. 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 distric…

Sec. 3964.0104. 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. 3964.0105. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under other law. (b) The boundaries and field notes contained in Section 2 of the Act enacting this …

Sec. 3964.0106. 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 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0107. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0108. CONFLICTS OF LAW. This chapter prevails over any provision of Chapter 375, Local Government Code, that is in conflict or inconsistent with this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0109. CONSENT OF MUNICIPALITY REQUIRED. The board may not hold an election to authorize the issuance of bonds until the governing body of the city by ordinance or resolution consents to the creation of the district and to the inclusion of land in the district. The city'…

Sec. 3964.0201. GOVERNING BODY; TERMS. The district is governed by a board of five directors appointed by the commission who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each even-numbered year. Added by Acts 2019, 86th Leg., R.S., Ch…

Sec. 3964.0202. APPOINTMENT BY COMMISSION. (a) Before the term of a director expires, the board shall recommend to the commission a person to serve as a successor director. The commission shall appoint as director the person recommended by the board. (b) A person recommended by t…

Sec. 3964.0203. VACANCY. If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0204. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $150 for each board meeting. The total amount of compensation a director may receive each year may not exceed $7,200. (b) A director is entitled to reimbursement for n…

Sec. 3964.0301. 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 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0302. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district for the purpose, or contract with a governmental or pr…

Sec. 3964.0303. LOCATION OF IMPROVEMENT PROJECT. A district improvement project may be located inside or outside of the district. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0304. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3964.0401. 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 the district's money. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, e…

Sec. 3964.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, or finance an improvement project or service authorized by this chapter or Chapter 375, Local Government Code, using any money available to the district for that purpose. Added by Acts 2…

Sec. 3964.0501. OPERATION AND MAINTENANCE TAX. The district may impose an operation and maintenance tax on taxable property in the district for any district purpose in the manner provided by Section 49.107, Water Code, if authorized by a majority of the district voters voting at …

Sec. 3964.0502. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued: (1) the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstandin…

Sec. 3964.0601. APPLICABILITY. This subchapter applies only to bonds payable wholly or partly from revenue derived from assessments on real property in the district. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0602. CONFLICT OF LAWS. In the event of a conflict between this subchapter and any other law, this subchapter prevails. Added by Acts 2019, 86th Leg., R.S., Ch. 535 (H.B. 2077), Sec. 1, eff. June 10, 2019.

Sec. 3964.0603. WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS. Before the district may issue bonds, the district and any person to whom the board intends that proceeds of the bonds be distributed, including the developer, another owner of land in the district, and any entity act…

Sec. 3964.0604. REQUIREMENTS FOR ADVERTISING BOND ISSUE. The district may not advertise for an issuance of bonds until the completion of at least 25 percent of the projected value of the improvements, including houses and other buildings, that are liable for district assessments …

Sec. 3964.0605. REQUIREMENTS FOR BOND ISSUE. The district may not issue bonds until: (1) the district submits to the commission: (A) an engineer's report describing the project for which the bonds will provide funding, including data, profiles, maps, plans, and specifications rel…

Sec. 3964.0606. REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY BONDS. The district may not collect an assessment to be used for the payment of bonds until: (1) the completion of at least 95 percent of the underground water, wastewater, and drainage facilities financed from bond pr…

Sec. 3965.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Celina, Texas. (3) "Commission" means the Texas Commission on Environmental Quality. (4) "Director" means a board member. (5) "District" means the Celin…

Sec. 3965.0102. CREATION AND NATURE OF DISTRICT. The district is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution. Added by Acts 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.

Sec. 3965.0103. 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 distric…

Sec. 3965.0104. 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. 3965.0105. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under other law. (b) The boundaries and field notes contained in Section 2 of the Act enacting this …

Sec. 3965.0106. 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 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.

Sec. 3965.0107. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.

Sec. 3965.0108. CONFLICTS OF LAW. This chapter prevails over any provision of Chapter 375, Local Government Code, that is in conflict or inconsistent with this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.

Sec. 3965.0109. CONSENT OF MUNICIPALITY REQUIRED. The board may not hold an election to authorize the issuance of bonds until the governing body of the city by ordinance or resolution consents to the creation of the district and to the inclusion of land in the district. The city'…

Sec. 3965.0110. EFFECT OF ANNEXATION. Notwithstanding any other law, if all or any part of the territory of the district is annexed by the city into the city's corporate limits, the district retains all of the district's outstanding debt and obligations and continues to operate u…

Sec. 3965.0201. GOVERNING BODY; TERMS. The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year. One director is appointed by the city, and four directors are appoin…

Sec. 3965.0202. APPOINTMENT AND REMOVAL OF DIRECTOR APPOINTED BY CITY. (a) The governing body of the city shall appoint one director who must be: (1) at least 18 years of age; and (2) a resident of the city. (b) At any time the governing body of the city may remove the director a…

Sec. 3965.0203. APPOINTMENT BY COMMISSION. (a) Before the term of a director other than a director appointed under Section 3965.0202 expires, the board shall recommend to the commission the appropriate number of persons to serve as successor directors. The commission shall appoin…

Sec. 3965.0204. VACANCY. If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term. Added by Acts 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.

Sec. 3965.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records. (b) A director shall file a copy of the director's oath or affi…

Sec. 3965.0206. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person. Added by Acts 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.

Sec. 3965.0207. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $150 for each board meeting. The total amount of compensation a director may receive each year may not exceed $7,200. (b) A director is entitled to reimbursement for n…

Sec. 3965.0208. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to: (1) act…

Sec. 3965.0209. NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board. Added by Acts 2019, 86th Leg., R.S., Ch. 544 (H.B. 3436), Sec. 1, eff. September 1, 2019.