Title SD, Special District Local Laws Code

Sec. 3981.0603. DECLARING RESULT AND ISSUING ORDER. (a) If a majority of the voters voting at the election held under Section 3981.0602 approve the proposition or propositions, the board shall declare the results and, by order, shall establish the defined area or designated prope…

Sec. 3981.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and adoption of the order described by Section 3981.0603, the district may apply separately, differently, equitably, and specifically its taxing power and l…

Sec. 3981.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section 3981.0603 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. 3981.0701. 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. 1266 (H.B. 4693), Sec. 1, eff. …

Sec. 3981.0702. 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. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019.

Sec. 3981.0703. 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. 3981.0704. 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. 3981.0705. 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 3981.0201. Added by Acts 2019, 86th Leg., R.S., Ch. 1266 (H.B. 4693), Sec. 1, eff. June 14, 2019.

Sec. 3981.0706. TAX OR BOND ELECTION. Before a new district created by the division of the district may impose an operation and maintenance tax under Section 3981.0502 or issue bonds payable wholly or partly from ad valorem taxes, the new district must hold an election as require…

Sec. 3981.0707. CITY CONSENT. (a) City consent to the creation of the district and to the inclusion of land in the district granted under Section 3981.0109 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion o…

Sec. 3981.0708. 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. 3981.0801. 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. 3982.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "County" means Liberty County. (3) "Director" means a board member. (4) "District" means the Plum Creek Management District No. 1 of Liberty County. Added by Acts 2019, 86th Leg…

Sec. 3982.0102. NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019.

Sec. 3982.0103. 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. By creating the distri…

Sec. 3982.0104. 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. 3982.0105. 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. 3982.0106. 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 under Chapter 311, Tax Code; (2) a tax abatement reinvestment zone created under Chapter 312, Tax C…

Sec. 3982.0107. 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. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019.

Sec. 3982.0108. 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. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019.

Sec. 3982.0109. CONFLICTS OF LAW. This chapter prevails over any provision of general law, including a provision of Chapter 375, Local Government Code, or Chapter 49, Water Code, that is in conflict or inconsistent with this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 …

Sec. 3982.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors elected or appointed as provided by this chapter and Subchapter D, Chapter 49, Water Code. (b) Except as provided by Section 3982.0204, directors serve staggered four-year terms. Adde…

Sec. 3982.0202. 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; or (2) a director who is abstaining from participation in …

Sec. 3982.0203. 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. 3982.0204. TEMPORARY DIRECTORS. (a) The temporary board consists of: (1) Alison Henderson; (2) Emily Lewis; (3) Vanessa Loftus; (4) Courtney Lundquist; and (5) Elizabeth Canfield. (b) The temporary or successor temporary directors shall hold an election to elect five permane…

Sec. 3982.0301. 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. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019.

Sec. 3982.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or private entity…

Sec. 3982.0303. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may own, operate, maintain, design, acquire, construct, finance, issue bonds, notes, or other obligations for, improve, and convey to this state, a county, or a municipali…

Sec. 3982.0304. CONVEYANCE AND APPROVAL OF ROAD PROJECT. (a) The district may convey a road project authorized by Section 3982.0303 to: (1) a municipality or county that will operate and maintain the road if the municipality or county has approved the plans and specifications of …

Sec. 3982.0305. 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 pow…

Sec. 3982.0306. 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. (b) The implementation of a project is a governmental function or service for the purposes of Chapt…

Sec. 3982.0307. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county, to provide law enforcement services in the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September…

Sec. 3982.0308. 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. 100…

Sec. 3982.0309. ECONOMIC DEVELOPMENT. (a) The district may engage in activities that accomplish the economic development purposes of the district. (b) The district may establish and provide for the administration of one or more programs to promote state or local economic developm…

Sec. 3982.0310. 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 …

Sec. 3982.0311. NO TOLL ROADS. The district may not construct, acquire, maintain, or operate a toll road. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019.

Sec. 3982.0312. RAIL FACILITIES. The district may construct, acquire, improve, maintain, and operate rail facilities and improvements in aid of those facilities. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019.

Sec. 3982.0313. ANNEXATION OR EXCLUSION OF LAND. (a) The district may annex land as provided by Subchapter J, Chapter 49, Water Code. (b) The district may exclude land as provided by Subchapter J, Chapter 49, Water Code. Section 375.044(b), Local Government Code, does not apply t…

Sec. 3982.0314. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district: (1) has no outstanding bonded debt; and (2) is not imposing ad valorem taxes. (b) This chapter applies to any new district created by the division of the dis…

Sec. 3982.0315. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3982.0401. 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 district money. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. S…

Sec. 3982.0402. 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 201…

Sec. 3982.0403. 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. 3982.0404. 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. 3982.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161, Local Government Code, does not apply to a tax authorized or approved by the voters of the district or a required payment for a service provided by the district, including water and sewer services. Added by Acts 20…

Sec. 3982.0406. TAX AND ASSESSMENT ABATEMENTS. The district may designate reinvestment zones and may grant abatements of district taxes or assessments on property in the zones. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September 1, 2019. SUBCHAPTER E…