Title SD, Special District Local Laws Code

Sec. 3503.108. LIMITATION ON USE OF EMINENT DOMAIN. Except as provided by Section 3503.103, the authority may not exercise the power of eminent domain. Added by Acts 2007, 80th Leg., R.S., Ch. 998 (S.B. 1743), Sec. 2, eff. June 15, 2007.

Sec. 3503.109. INDEMNITY. The authority may indemnify an authority employee or board member or former authority employee or board member for necessary expenses and costs, including attorney's fees, incurred by that person in connection with a claim asserted against that person if…

Sec. 3503.110. ASSUMED NAME. The authority may conduct business under an assumed name by filing an assumed name certificate under Subchapter C, Chapter 71, Business & Commerce Code, and complying with that chapter in the same manner as an incorporated business. Added by Acts 2011…

Sec. 3503.111. NONPROFIT CORPORATIONS. (a) The authority may authorize by resolution the incorporation of a nonprofit corporation under the Business Organizations Code to exercise the powers granted to the authority. A corporation created under this section must be a nonmember, n…

Sec. 3503.112. NONPROFIT CORPORATIONS AND LIMITED LIABILITY COMPANIES. (a) The authority may authorize by resolution the creation of a nonprofit corporation under the Business Organizations Code to undertake on behalf of the authority a project described by Section 3503.003 or ca…

Sec. 3503.113. POWERS AND AUTHORITIES OF DEFENSE BASE DEVELOPMENT AUTHORITY. (a) The authority may exercise the powers given to a defense base development authority created under Chapter 379B, Local Government Code. (b) This chapter prevails over Chapter 379B, Local Government Co…

Sec. 3503.151. USE OF REVENUE FROM OTHER GOVERNMENTAL ENTITIES; LIMITATION. (a) Any governmental entity of this state may: (1) use and pledge available revenue for the payment of an amount due under a contract entered into with the authority as an additional source of payment of …

Sec. 3503.152. FEES FOR USE OF OTHER GOVERNMENTAL ENTITIES' UTILITIES. (a) A governmental entity may charge a fee to any person for using a service or facility provided by a utility operated by the governmental entity and provided under a contract with the authority, including a …

Sec. 3503.154. EXEMPTION FROM TAXATION. The property, revenue, and income of the authority and of each nonprofit corporation created under Section 3503.111 are exempt from all taxes imposed by the state or a political subdivision of the state. Added by Acts 2005, 79th Leg., Ch. 7…

Sec. 3503.1541. CERTAIN PROPERTY EXEMPT FROM TAXATION. (a) A leasehold or other possessory interest granted to a person by the authority or by a nonprofit corporation holding title for the authority is owned, used, and held for a public purpose for and on behalf of the authority …

Sec. 3503.155. NO TAXING POWER. The authority may not impose a tax. Added by Acts 2007, 80th Leg., R.S., Ch. 998 (S.B. 1743), Sec. 3, eff. June 15, 2007. SUBCHAPTER E. BONDS

Sec. 3503.201. GENERAL AUTHORITY TO ISSUE BONDS. To exercise a power granted under this chapter, the authority may issue bonds to acquire, purchase, construct, maintain, repair, improve, or extend works, improvements, facilities, plants, buildings, structures, appliances, and pro…

Sec. 3503.202. REVENUE BONDS. (a) The authority may issue revenue bonds, including revenue bonds to pay for feasibility studies for proposed authority projects, including projects regarding engineering, planning and design, and environmental studies. (b) The authority may include…

Sec. 3503.203. APPROVAL BY ATTORNEY GENERAL. If bonds issued by the authority recite that they are secured by a pledge of payments under a contract, a copy of the contract and the proceedings relating to the contract may be submitted to the attorney general along with the bonds. …

Sec. 3503.204. BONDS FOR WATER OR SEWER PROJECTS; APPLICABILITY OF WATER CODE. Bonds issued under this chapter for a water or sewer project shall be issued in accordance with Sections 54.502 and 54.503, Water Code. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, ef…

Sec. 3503.205. OBLIGATIONS AND CREDIT AGREEMENTS. (a) The authority may issue, sell, and deliver obligations and execute credit agreements as provided by Chapter 1371, Government Code. (b) The authority may delegate its authority in connection with the issuance of bonds in the sa…

Sec. 3503.251. POWER TO DISSOLVE; LEGISLATIVE INTENT. (a) The legislature intends that the authority be dissolved, with the approval of the governing bodies of the municipalities of DeKalb, Hooks, Leary, Maud, Nash, New Boston, Red Lick, Redwater, Texarkana, and Wake Village and …

Sec. 3503.252. ASSETS TO COUNTY. On dissolution, any remaining assets of the authority shall be conveyed or transferred to Bowie County. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.02, eff. April 1, 2007.

Sec. 3791.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Lorena. (3) "County" means McLennan County. (4) "Director" means a board member. (5) "District" means the Lorena Municipal Management District No. 1. Ad…

Sec. 3791.0102. NATURE OF DISTRICT. The Lorena Municipal Management District No. 1 is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021.

Sec. 3791.0103. 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. 3791.0104. 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. 3791.0105. 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. 3791.0106. 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; or (2) a tax abatement reinvestment zone created under Chapter 312, Ta…

Sec. 3791.0107. 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 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021.

Sec. 3791.0108. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3791.0201. 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 3791.0203, directors serve staggered four-year terms. Adde…

Sec. 3791.0202. 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 2021, 87th Leg., R.S., Ch.…

Sec. 3791.0203. TEMPORARY DIRECTORS. (a) On or after the effective date of the Act creating this chapter, the owner or owners of a majority of the assessed value of the real property in the district according to the most recent certified tax appraisal roll for the county may subm…

Sec. 3791.0204. NONVOTING DIRECTORS. The board may appoint nonvoting directors to serve at the pleasure of the voting directors. Added by Acts 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021.

Sec. 3791.0205. 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 v…

Sec. 3791.0301. 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 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021.

Sec. 3791.0302. 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. 3791.0303. 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. 3791.0304. 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 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), S…

Sec. 3791.0305. 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 2021, 87th Leg., R.S., Ch. 771…

Sec. 3791.0306. ECONOMIC DEVELOPMENT PROGRAMS. (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…

Sec. 3791.0307. 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. 3791.0308. ADDING OR EXCLUDING LAND. 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. Added by Acts 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021.

Sec. 3791.0309. 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 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. Se…

Sec. 3791.0310. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2021, 87th Leg., R.S., Ch. 771 (H.B. 4666), Sec. 1, eff. September 1, 2021. SUBCHAPTER D. ASSESSMENTS

Sec. 3791.0401. 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. 3791.0402. 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. (b) An assessment, a reassessment, or an assessment resulting from an addition to or…

Sec. 3791.0501. 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 2021, 87th L…

Sec. 3791.0502. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 3791.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.1…

Sec. 3791.0503. 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, impac…