Title SD, Special District Local Laws Code

Sec. 5001.057. DUTIES OF COUNTY AUDITOR IN RELATION TO FUND. (a) The county auditor shall exercise the auditor's usual supervision and control to ensure that the commission complies with Section 5001.053. (b) The county auditor may not audit expenditures from the fund but is enti…

Sec. 5001.058. EFFECT OF FUND ON OTHER EXPENDITURES. The creation of the fund or an expenditure of money from the fund does not affect the payment of any expense that is customarily approved, audited, or paid out of the regular funds of the district. Acts 2003, 78th Leg., ch. 127…

Sec. 5001.101. PURCHASE OR LEASE OF PROPERTY. The district may purchase or lease property in the same manner as a county. Added by Acts 2007, 80th Leg., R.S., Ch. 436 (S.B. 1953), Sec. 5, eff. September 1, 2007.

Sec. 5001.102. SECURITY FOR BIDS ON LAND TO BE SOLD. Notwithstanding Section 60.041, Water Code, the commission may determine the amount of the check or bond a bidder must submit with a bid to purchase land from the district to guarantee that the bidder will perform the terms of …

Sec. 5002.001. DEFINITIONS. In this chapter: (1) "Board" means the port commission of the district. (2) "Commissioner" means a port commission member. (3) "District" means Port Freeport. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009. Amen…

Sec. 5002.002. NATURE AND PURPOSE OF DISTRICT. The district is created under Section 59, Article XVI, Texas Constitution, to make improvements for the navigation of inland and coastal waters, and for the preservation and conservation of inland and coastal waters for navigation an…

Sec. 5002.003. LEGISLATIVE FINDINGS. All property situated in the district and subject to taxation will benefit from the improvements to be constructed by the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

Sec. 5002.004. DISTRICT TERRITORY. The district is composed of the territory in Brazoria County described by Section 1, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927, as that territory may have been modified under: (1) Section 3, Chapter 103, Acts of the 41st…

Sec. 5002.051. PORT COMMISSION; TERM; ELECTION. (a) The district is governed by an elected board consisting of six commissioners. (b) Commissioners serve staggered six-year terms. (c) An election shall be held in the district every two years to elect two commissioners. Added by A…

Sec. 5002.052. NAVIGATION PRECINCTS. For the purpose of electing commissioners, the district is divided into four navigation precincts. The boundaries of the navigation precincts are described by Section 4a, Chapter 55, Acts of the 40th Legislature, 1st Called Session, 1927. Adde…

Sec. 5002.053. ELECTION BY POSITION; QUALIFICATIONS; TERM LIMITS. (a) Commissioners are elected by position as follows: (1) the commissioner elected for Position 1 is at large and must reside in the district; (2) the commissioners elected for Positions 2 and 3 must reside in Navi…

Sec. 5002.054. PLACING CANDIDATE ON BALLOT. A request for placing the name of a candidate on the ballot must be filed with the board's presiding officer and be: (1) in writing and signed by the candidate; or (2) in the form of a petition signed by at least 25 qualified voters of …

Sec. 5002.055. ELECTION ADMINISTRATION; NOTICE OF ELECTION. (a) The board shall make arrangements for each election. (b) Notice of the election, signed by the board's presiding officer or secretary, must be published once a week for two consecutive weeks in a newspaper of general…

Sec. 5002.056. DATE COMMISSIONER TAKES OFFICE. A commissioner shall take office on the appropriate date following the person's election. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

Sec. 5002.057. BOND. As a qualification for office, a commissioner must post a bond in the amount of $10,000 that is: (1) executed by the commissioner and by two solvent sureties or by a surety company authorized to do business in this state; and (2) approved by the county judge …

Sec. 5002.058. VACANCIES. (a) Except as otherwise provided by this section, if a vacancy occurs in the office of commissioner, the board shall appoint a commissioner for the remainder of the unexpired term. (b) If more than two vacancies occur at the same time, the remaining comm…

Sec. 5002.059. DISTRICT TREASURER. (a) The board shall appoint from time to time a person to serve in the office of district treasurer. (b) The district treasurer shall perform the duties for the district that were performed before September 1, 1999, by the county treasurer of Br…

Sec. 5002.101. DEPOSITORY. (a) The board by resolution shall designate a bank in Brazoria County as the district's depository. (b) The designated bank serves as the depository for a term of two years and until a successor depository has been selected. (c) All money of the distric…

Sec. 5002.102. MAINTENANCE OF BOOKS, RECORDS, AND ACCOUNTS. The district shall maintain the books, records, and accounts of the district. The Brazoria County treasurer is not required to maintain any books, records, or accounts for the district other than as required by the board…

Sec. 5002.151. DEFINITIONS. In this subchapter: (1) “Port use” means any use permitted or allowed, with or without a special use permit, in the following zoning districts under the zoning ordinance, or any additional use subsequently permitted or allowed in the following zoning d…

Sec. 5002.152. POWERS REGARDING PORTS AND FACILITIES. Except as provided by Section 5002.153, the district may: (1) acquire by gift, purchase, or eminent domain and own land adjacent or accessible by road, rail, or water to navigable water and ports developed by the district that…

Sec. 5002.153. LIMITATION ON ACQUISITION AND USE OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF CERTAIN MUNICIPALITIES. After the effective date of the Act enacting this section, the district shall not: (1) acquire by gift, purchase, or condemnation any real property located wit…

Sec. 5002.154. CALLING ELECTION. The governing body of a municipality shall call an election under Section 5002.153(1)(B) to be held on the next uniform election date within 30 days of the municipality’s receipt from the district of a written request for the election and the desc…

Sec. 5002.155. REPLATTING OF LAND. (a) The district may replat land owned by the district in accordance with Subchapter A, Chapter 212, Local Government Code, for the purpose of combining previously platted lots for development. (b) The municipal authority responsible for approvi…

Sec. 5002.201. DISTRICT PROPERTY SUBJECT TO MUNICIPAL JURISDICTION. (a) This section applies only to property: (1) owned or leased by the district; and (2) located in: (A) the district; and (B) the boundaries or extraterritorial jurisdiction of a municipality with a population of…

Sec. 5002.202. MUNICIPAL CONSENT NOT REQUIRED. Municipal consent is not required for the district to exercise a power or duty under this chapter. Added by Acts 2023, 88th Leg., R.S., Ch. 785 (H.B. 5336), Sec. 1, eff. June 13, 2023.

Sec. 5002.203. DESIGNATION OF REINVESTMENT ZONE. (a) Notwithstanding Subchapters B and C, Chapter 312, Tax Code, the district may submit a written request to the commissioners court of a county in which a property owned by the district is located for the commissioners court to de…

Sec. 5002.204. ENFORCEMENT OF SUBCHAPTERS. (a) The provisions of Subchapters D and E may be enforced only through mandamus or declaratory or injunctive relief. A political subdivision's immunity from suit is waived in regard to an action under this subchapter. (b) A court may awa…

Sec. 5002.205. EFFECT OF INVALIDITY OF CERTAIN PROVISIONS. (a) This section applies only to a municipality with a population of more than 5,000 that is wholly located in the district and to property: (1) owned or leased by the district; (2) located in the district and within seve…

Sec. 5003.001. DEFINITIONS. In this chapter: (1) "Board" means the board of navigation commissioners of the port authority. (2) "Commissioner" means a board member. (3) "Port authority" means the Calhoun Port Authority. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Se…

Sec. 5003.002. NATURE AND PURPOSE OF PORT AUTHORITY. The port authority is a navigation district. To the extent authorized by this chapter, the port authority is created to: (1) improve navigation in the port authority; and (2) maintain, develop, extend, and improve port faciliti…

Sec. 5003.003. LEGISLATIVE FINDINGS. (a) The creation of the port authority is essential: (1) to accomplish the purposes of Section 59, Article XVI, Texas Constitution; (2) to the general welfare of this state; and (3) for the development of marine shipping. (b) All property in t…

Sec. 5003.004. PORT AUTHORITY TERRITORY. The port authority is composed of all the territory of Calhoun County, including all land and water areas of the county: (1) except for territory included in the West Side Calhoun County Navigation District as described in Volume H, pages …

Sec. 5003.051. BOARD OF NAVIGATION COMMISSIONERS. The port authority is governed by a board of seven commissioners. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.058, ef…

Sec. 5003.052. NAVIGATION PRECINCTS. (a) The board shall from time to time divide the port authority into six navigation commissioner precincts that are: (1) compact and contiguous; and (2) as nearly as practicable, of equal population. (b) The board shall complete any division o…

Sec. 5003.053. ELECTION; TERMS. (a) One commissioner is elected by the voters of the entire port authority. One commissioner is elected from each of the six navigation commissioner precincts as described by Section 5003.052. (b) The commissioners who represent the six precincts w…

Sec. 5003.054. PLACING CANDIDATE ON BALLOT; QUALIFICATIONS. (a) A person qualified under this section to be a candidate for the office of commissioner may file an application with the board to have the person's name placed on the ballot. The application must be filed not later th…

Sec. 5003.055. VACANCY. (a) If a vacancy occurs on the board, a majority of the remaining commissioners shall appoint a successor to fill the vacancy for the remainder of the unexpired term. (b) For purposes of this chapter, the successor commissioner is treated as an elected com…

Sec. 5003.101. GENERAL NAVIGATION DISTRICT POWERS. The port authority and the board, except as specifically restricted by this chapter, have the powers of government and may exercise the rights, powers, duties, privileges, and functions conferred by Chapter 60, 61, 62, or 63, Wat…

Sec. 5003.102. AD VALOREM TAXES; BOND ELECTION. (a) If authorized by a majority vote of the port authority voters voting at an election held in the manner provided for a bond election under Subchapter F, Chapter 62, Water Code, the Commissioners Court of Calhoun County may: (1) i…

Sec. 5003.103. CHANGE OF PORT AUTHORITY NOT AUTHORIZED. The board may not by a vote change the port authority from a navigation district to any other type of district authorized by general law. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 200…

Sec. 5003.104. LIMIT ON EMINENT DOMAIN POWER. The port authority may not exercise the power of eminent domain outside Calhoun County in an area in another navigation district without the consent of the other district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec.…

Sec. 5003.105. AUTHORITY TO DESIGNATE INDUSTRIAL AREAS OR PLANT SITES; FINDINGS. (a) The board may adopt an order or resolution designating an area of land in the port authority that fronts on navigable water in the port authority as an industrial area or plant site for the aid o…

Sec. 5004.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District" means the Cypress Valley Navigation District. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff…

Sec. 5004.002. NATURE OF DISTRICT. The district is a navigation, conservation, and reclamation district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.04, eff. April 1, 2009.

Sec. 5004.003. LEGISLATIVE FINDINGS. (a) All land included in the district will benefit from the exercise of the power conferred by this chapter. (b) The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. Added by Acts…