Title SD, Special District Local Laws Code

Sec. 3875.040. PROHIBITION ON IMPACT FEES AND ASSESSMENTS ON CERTAIN PROPERTY. (a) Because the district is created in an area that is devoted primarily to commercial and business activity, the district may not impose an impact fee or assessment on a single family residential prop…

Sec. 3875.071. BOARD OF DIRECTORS. Except as provided by this subchapter, the district is governed by a board of five directors elected by the voters of the district at large. Except as provided by Sections 3875.073(b) and 3875.074, directors serve staggered terms of four years a…

Sec. 3875.072. QUALIFICATIONS. To be qualified to serve as an elected director, a person must be at least 18 years of age and be: (1) a resident of the district; (2) an owner of real property in the district; (3) an owner of at least 10 percent of the outstanding interest of a co…

Sec. 3875.073. INITIAL BOARD. (a) On the effective date of this Act, the initial board of directors is composed of the following persons: (1) Position One: Nanci Wright; (2) Position Two: Gene Slater; and (3) Position Three: Rohn Boone. (b) The initial directors appointed to serv…

Sec. 3875.074. ELECTED BOARD. The board shall call and hold an election on the first Saturday in May 2002 for the election of directors to fill Positions One, Two, Four, and Five. Before the election, the board shall determine which director, of the directors serving in Positions…

Sec. 3875.075. VACANCY. A vacancy in the office of director shall be filled by appointment of a qualified individual by a majority vote of the remaining directors. The board may remove a director for misconduct or failure to carry out the director's duties by unanimous vote of al…

Sec. 3875.076. DIRECTOR'S BOND. As soon as practicable after a director is elected or appointed, the elected director shall execute a bond for $10,000 payable to the district and conditioned on the faithful performance of the director's duties. All of the directors' bonds must be…

Sec. 3875.077. OFFICERS; COMPENSATION; QUORUM. (a) The directors shall elect a chair, a vice chair, a secretary, and any other officers as the board considers necessary. (b) A position on the board may not be construed to be a civil office of emolument for any purpose, including …

Sec. 3875.078. COMMON LAW PRINCIPLES. A person who qualifies to serve on the board is qualified to serve as a director and participate in all votes pertaining to the business of the district regardless of any common-law doctrine or statute regarding conflict-of-interest, incompat…

Sec. 3875.079. CONFIRMATION AND DIRECTORS ELECTION. (a) As soon as practicable after all initial directors have qualified for office, the initial directors shall hold an organizational meeting and call a confirmation election to be held on the next available uniform election date…

Sec. 3875.080. OPEN RECORDS AND MEETINGS. Chapters 551 and 552, Government Code, apply to the district. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001. Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R…

Sec. 3875.111. LIMITED SALES AND USE TAX. (a) Words and phrases used in this section that are defined by Chapters 151 and 321, Tax Code, have the meanings assigned by Chapters 151 and 321, Tax Code. (b) Except as otherwise provided in this section, Subtitles A and B, Title 2, Tax…

Sec. 3875.112. HOTEL OCCUPANCY TAX. (a) In this section, "hotel" has the meaning assigned by Section 156.001, Tax Code. (b) The board by order may impose, repeal, or increase or decrease the rate of a tax on a person who, under a lease, concession, permit, right of access, licens…

Sec. 3875.113. USE OF HOTEL OCCUPANCY TAX. (a) The district shall apply the proceeds from a hotel occupancy tax imposed under Section 3875.112 for any of the district's purposes and for the purposes described by Section 352.1015, Tax Code, to the extent considered appropriate by …

Sec. 3875.114. BONDS. (a) The district may issue bonds in the manner provided by Subchapter J, Chapter 375, Local Government Code. Sections 375.207 and 375.208, Local Government Code, do not apply to bonds issued under this section. (b) If the district issues bonds for the primar…

Sec. 3875.115. CONTRACTS WITH DISTRICT. (a) A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period of time as the board may determine. (b) Notwithstanding any other law or charter provision, a state agency, municipality, …

Sec. 3875.131. DISSOLUTION. The board by majority vote may dissolve the district at any time. The board shall dissolve the district on written petition of the owners of 75 percent of the acreage of real property in the district. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647)…

Sec. 3875.132. INDEBTEDNESS AND CONTRACTUAL OBLIGATIONS. The board may not dissolve the district until the district's outstanding indebtedness or contractual obligations have been repaid or discharged. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 200…

Sec. 3875.133. TRANSFER OF PROPERTY AND ASSETS. After the board elects to dissolve the district, the board shall transfer ownership of all property and assets of the district to Smith County. Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001. Transfe…

Sec. 3876.001. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "Director" means a board member. (3) "District" means the Alden Lake Management District. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.

Sec. 3876.002. NATURE OF DISTRICT. The Alden Lake Management District is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.

Sec. 3876.003. 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 distric…

Sec. 3876.004. 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. 3876.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundary description contained in Section 2 of the Act creating this chapter forms a closure. A mistake in the bound…

Sec. 3876.006. 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 Co…

Sec. 3876.007. 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 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.

Sec. 3876.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3876.051. GOVERNING BODY; TERMS. The district is governed by a board of five voting directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec…

Sec. 3876.052. APPOINTMENT OF DIRECTORS. (a) The governing body of the City of Lake Jackson shall appoint directors. A person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person. (b) The governing body of the City of L…

Sec. 3876.054. NONVOTING DIRECTORS. The board may appoint nonvoting directors to serve at the pleasure of the voting directors. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.

Sec. 3876.055. 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 vo…

Sec. 3876.056. 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 2009, 81st Leg., R.S., Ch. …

Sec. 3876.101. DEVELOPMENT CORPORATION POWERS. The district may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project described by that chapte…

Sec. 3876.102. 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 powe…

Sec. 3876.103. AGREEMENTS; GRANTS. (a) 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 Chapter 791, Government Code. (c) The board may enter int…

Sec. 3876.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To protect the public interest, the district may contract with a qualified party, including Brazoria County or the City of Lake Jackson, for the provision of law enforcement services in the district for a fee. Added by Act…

Sec. 3876.105. 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 2009, 81st Leg., R.S., Ch. 1083…

Sec. 3876.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to: (1) mak…

Sec. 3876.107. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.

Sec. 3876.108. ANNEXATION OR EXCLUSION OF LAND. (a) The district may annex land as provided by Subchapter J, Chapter 49, Water Code, only if the City of Lake Jackson by ordinance or resolution consents to the annexation. (b) The district may exclude land as provided by Subchapter…

Sec. 3876.151. PARKING FACILITIES AUTHORIZED; OPERATION BY PRIVATE ENTITY. (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: (1) lots, garages, parking terminals…

Sec. 3876.152. RULES. The district may adopt rules covering its public parking system. Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.

Sec. 3876.153. FINANCING OF PARKING FACILITIES. (a) The district may use any of its resources, including revenue, assessments, taxes, or grant or contract proceeds, to pay the cost of acquiring or operating public parking facilities. (b) The district may: (1) set, charge, impose,…

Sec. 3876.201. 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 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, e…

Sec. 3876.202. 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 2009…

Sec. 3876.203. 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 b…