Title SD, Special District Local Laws Code

Sec. 3980.0502. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 3980.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.1…

Sec. 3980.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. (b) The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, reven…

Sec. 3980.0504. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by: (1) revenue other than ad valorem taxes, including contract revenues; or (2) contract payments, provided that the requirements of Section 49.108, Water Co…

Sec. 3980.0505. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section 3980.0501, the district may issue bonds payable from ad valorem taxes. (b) Section 375.243, Local Government Code, does not apply to the district. (c) At the time the dist…

Sec. 3980.0506. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Except as provided by Section 375.263, Local Government Code, the city is not required to pay a bond, note, or other obligation of the district. Added by Acts 2019, 86th Leg., R.S., Ch. 556 (H.B. 4683), Sec. 1, eff. J…

Sec. 3980.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY. The district may define areas or designate certain property of the district to pay for improvements, facilities, or services that primarily benefit that area or property and do not generally and directly…

Sec. 3980.0602. PROCEDURE FOR ELECTION. (a) Before the district may impose an ad valorem tax applicable only to the defined area or designated property or issue bonds payable from ad valorem taxes of the defined area or designated property, the board shall hold an election as pro…

Sec. 3980.0603. DECLARING RESULT AND ISSUING ORDER. (a) If a majority of the voters voting at the election held under Section 3980.0602 approve the proposition or propositions, the board shall declare the results and, by order, shall establish the defined area or designated prope…

Sec. 3980.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and adoption of the order described by Section 3980.0603, the district may apply separately, differently, equitably, and specifically its taxing power and l…

Sec. 3980.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section 3980.0603 is adopted, the district may issue bonds to provide for any land, improvements, facilities, plants, equipment, and appliances for the defined area or designated prop…

Sec. 3980.0701. DIVISION OF DISTRICT; PREREQUISITES. The district may be divided into two or more new districts only if the district: (1) has never issued any bonds; and (2) is not imposing ad valorem taxes. Added by Acts 2019, 86th Leg., R.S., Ch. 556 (H.B. 4683), Sec. 1, eff. J…

Sec. 3980.0702. LAW APPLICABLE TO NEW DISTRICT. This chapter applies to any new district created by division of the district, and a new district has all the powers and duties of the district. Added by Acts 2019, 86th Leg., R.S., Ch. 556 (H.B. 4683), Sec. 1, eff. June 10, 2019.

Sec. 3980.0703. LIMITATION ON AREA OF NEW DISTRICT. A new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act enacting this chapter. Added by Acts 2019, 86th Leg., R…

Sec. 3980.0704. DIVISION PROCEDURES. (a) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district. (b) An order dividing the district m…

Sec. 3980.0705. DIRECTORS' ELECTION FOR NEW DISTRICT. A new district created by the division of the district shall hold a directors' election in the manner provided by Section 3980.0201. Added by Acts 2019, 86th Leg., R.S., Ch. 556 (H.B. 4683), Sec. 1, eff. June 10, 2019.

Sec. 3980.0706. TAX OR BOND ELECTION. Before a new district created by the division of the district may impose an operation and maintenance tax under Section 3980.0502 or issue bonds payable wholly or partly from ad valorem taxes, the new district must hold an election as require…

Sec. 3980.0707. CITY CONSENT. (a) City consent to the creation of the district and to the inclusion of land in the district granted under Section 3980.0109 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion o…

Sec. 3980.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT. (a) Except as provided by Subsection (b), before a new district created by division of the district may exercise any powers under this chapter: (1) the new district must enter into: (A) a joinder to the existing operating…

Sec. 3980.0801. DISSOLUTION. (a) The board shall dissolve the district on written petition filed with the board by the owner or owners of: (1) 66 percent or more of the assessed value of the property subject to assessment by the district based on the most recent certified county …

Sec. 3981.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Denton, Texas. (3) "County" means Denton County, Texas. (4) "Developer of property in the district" means a developer of property in the district as det…

Sec. 3981.0102. NATURE OF DISTRICT. The Cole Ranch Improvement District No. 1 of Denton County, Texas, is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2019, 86th Leg., R.S., Ch. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019.

Sec. 3981.0103. 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. (b) By creating the di…

Sec. 3981.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 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 Sections 52 and 52-a, Article III, and Section 59, Article XVI…

Sec. 3981.0105. 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…

Sec. 3981.0106. 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 by the city under Chapter 311, Tax Code; or (2) a tax abatement reinvestment zone created by the ci…

Sec. 3981.0107. 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. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019.

Sec. 3981.0108. 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. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019.

Sec. 3981.0109. CITY CONSENT; OPERATING AGREEMENT AND PROJECT AGREEMENT REQUIRED. (a) Except as provided in Subsection (c), before the district may exercise any powers under this chapter: (1) the city must adopt an ordinance or resolution consenting to the creation of the distric…

Sec. 3981.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of directors as provided in this section. (b) Five directors are elected in the manner provided by Subchapter D, Chapter 49, Water Code. (c) The city may appoint one additional director to the board. (…

Sec. 3981.0202. QUORUM. (a) Three members of the board constitute a quorum regardless of whether the board has five or six members. (b) A majority vote of a quorum of the board is required for official action. (c) For purposes of determining the requirements for a quorum of the b…

Sec. 3981.0203. 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 2019, 86th Leg., R.S., Ch.…

Sec. 3981.0204. TEMPORARY DIRECTORS. (a) The temporary board consists of: (1) Byron Campbell; (2) Ryan Miller; (3) Shawn Street; (4) Russell Hickey; (5) Warren Threadgill; and (6) a temporary director appointed by the city if the city appoints a temporary director under Section 3…

Sec. 3981.0301. 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. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019.

Sec. 3981.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapte…

Sec. 3981.0303. 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 2019, 86th Leg., R.S., Ch. 126…

Sec. 3981.0304. ADDING OR EXCLUDING LAND. (a) The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. (b) A district may not add or exclude land unless the city consents to the addition or ex…

Sec. 3981.0305. 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 2019, 86th Leg., R.S., Ch. 1266 (H.B. 4693), Sec. 1, eff. J…

Sec. 3981.0306. APPROVAL BY THE CITY. (a) The district must obtain the approval of the city for: (1) the plans and specifications of an improvement project financed by bonds, notes, or other obligations; and (2) the plans and specifications of an improvement project related to th…

Sec. 3981.0307. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2019, 86th Leg., R.S., Ch. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3981.0401. 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 …

Sec. 3981.0402. 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. Section 375.161, Local Government Code, does not apply to an assessment imposed by t…

Sec. 3981.0403. IMPACT FEES PROHIBITED. The district may not adopt or impose an impact fee. Added by Acts 2019, 86th Leg., R.S., Ch. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019. SUBCHAPTER E. TAXES AND BONDS

Sec. 3981.0501. TAX ELECTION REQUIRED. The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax. Added by Acts 2019, 86th L…

Sec. 3981.0502. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 3981.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.1…

Sec. 3981.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. (b) The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, reven…

Sec. 3981.0504. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by: (1) revenue other than ad valorem taxes, including contract revenues; or (2) contract payments, provided that the requirements of Section 49.108, Water Co…