81C85(3) KFF

 

CHAPTER 3854.  CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 3854.001.  DEFINITIONS ...............................  2

Sec. 3854.002.  NATURE OF DISTRICT ........................  3

Sec. 3854.003.  PURPOSE; DECLARATION OF INTENT ............  4

Sec. 3854.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ....  5

Sec. 3854.005.  EFFECT OF DISTRICT CREATION ON

                  MUNICIPAL POWERS ........................  6

Sec. 3854.006.  TORT CLAIMS ...............................  7

Sec. 3854.007.  LIBERAL CONSTRUCTION OF CHAPTER ...........  7

[Sections 3854.008-3854.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT TERRITORY AND ANNEXATION

Sec. 3854.051.  DISTRICT TERRITORY ........................  7

Sec. 3854.052.  ANNEXATION OR EXCLUSION OF TERRITORY BY

                  DISTRICT; MUNICIPAL CONSENT .............  9

Sec. 3854.053.  ANNEXATION OF DISTRICT TERRITORY BY

                  MUNICIPALITY ............................ 10

[Sections 3854.054-3854.100 reserved for expansion]

SUBCHAPTER C.  BOARD OF DIRECTORS

Sec. 3854.101.  GOVERNING BODY; TERMS ..................... 10

Sec. 3854.102.  APPLICABLE LAW ............................ 10

Sec. 3854.103.  DIRECTOR DISTRICTS ........................ 11

Sec. 3854.104.  APPOINTMENT OF DIRECTORS .................. 12

Sec. 3854.105.  QUALIFICATIONS ............................ 12

Sec. 3854.106.  VOTING; ACTIONS ........................... 13

Sec. 3854.107.  VACANCY ................................... 13

[Sections 3854.108-3854.150 reserved for expansion]

SUBCHAPTER D.  POWERS AND DUTIES

Sec. 3854.151.  GENERAL POWERS ............................ 14

Sec. 3854.152.  ELECTIONS ................................. 16

Sec. 3854.153.  AUTHORITY TO ACQUIRE INTEREST IN LAND ..... 16

Sec. 3854.154.  EXPENSES AND LIABILITY FOR CERTAIN

                  ACTIONS AFFECTING PROPERTY .............. 16

Sec. 3854.155.  SECURITY SERVICES ......................... 17

Sec. 3854.156.  COMPETITIVE BIDDING ....................... 17

Sec. 3854.157.  DISTRICT NAME CHANGE ...................... 18

Sec. 3854.158.  OWNING OR OPERATING AIRPORT PROHIBITED .... 18

[Sections 3854.159-3854.200 reserved for expansion]

SUBCHAPTER E.  FINANCIAL PROVISIONS

Sec. 3854.201.  DISBURSEMENTS OR TRANSFERS OF MONEY ....... 19

Sec. 3854.202.  TAX AND BOND ELECTIONS .................... 19

Sec. 3854.203.  MAINTENANCE AND OPERATION TAX ............. 20

Sec. 3854.204.  ASSESSMENTS; LIENS FOR ASSESSMENTS ........ 20

Sec. 3854.205.  FINANCING IMPROVEMENT PROJECTS OR

                  SERVICES ................................ 21

Sec. 3854.206.  IMPACT FEES ............................... 22

Sec. 3854.207.  CERTAIN RESIDENTIAL PROPERTY EXEMPT ....... 22

Sec. 3854.208.  BONDS AND OTHER OBLIGATIONS ............... 22

Sec. 3854.209.  APPROVAL OF BONDS ......................... 23

[Sections 3854.210-3854.250 reserved for expansion]

SUBCHAPTER F.  DISSOLUTION

Sec. 3854.251.  DISSOLUTION OF DISTRICT ................... 25

CHAPTER 3854.  CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 3854.001.  DEFINITIONS.  In this chapter:

(1)  "Board" means the board of directors of the district.

(2)  "Director" means a board member.

(3)  "District" means the Chambers County Improvement District No. 1.

(4)  "Extraterritorial jurisdiction" has the meaning assigned by Section 42.021, Local Government Code.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 2; New.)

Source Law

Sec. 2.  In this Act:

(1)  "Board" means the board of directors of the Chambers County Improvement District No. 1.

(2)  "District" means the Chambers County Improvement District No. 1.

(3)  "Extraterritorial jurisdiction" has the meaning assigned by Section 42.021, Local Government Code.

Revisor's Note

The definition of "director" is added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definition.

Revised Law

Sec. 3854.002.  NATURE OF DISTRICT.  A special district known as the "Chambers County Improvement District No. 1" is a political subdivision of this state.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 1(a).)

Source Law

Sec. 1.  (a)  There is created a special district to be known as the Chambers County Improvement District No. 1.  The district is a governmental agency, a body politic and corporate, and a political subdivision of the state.

Revisor's Note

(1)  Section 1(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that the district "is created."  The revised law omits the quoted language as executed because the district has been created.

(2)  Section 1(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that the district is "a governmental agency, a body politic and corporate, and a political subdivision of the state."  The revised law omits the references to "governmental agency" and "body politic and corporate" because they duplicate a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and body politic and corporate.

Revised Law

Sec. 3854.003.  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 to accomplish the other purposes of this chapter.  The legislature intends that by creating the district the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

(b)  The creation of the district is necessary to:

(1)  diversify the economy of the state;

(2)  promote, develop, expand, encourage, and maintain employment, commerce, economic development, and the public welfare;

(3)  promote the control, treatment, storage, and distribution of water;

(4)  protect, preserve, and restore the sanitary conditions of water;

(5)  promote the transportation of agricultural, industrial, and commercial products;

(6)  promote the health, safety, and general welfare of:

(A)  property owners, residents, employers, and employees in the district; and

(B)  the public;

(7)  promote the improvement of rivers, bays, creeks, streams, and canals to permit or to aid navigation and commerce; and

(8)  promote the construction, maintenance, and operation of streets, roads, highways, turnpikes, and railroads in the greater Cedar Crossing area of Chambers County.  (Acts 73rd Leg., R.S., Ch. 566, Secs. 1(c), (d), (g).)

Source Law

(c)  The creation of the district is essential to accomplish the purposes of Article III, Section 52, Article XVI, Section 59, and Article III, Section 52-a, of the Texas Constitution and to accomplish the other purposes of this Act.

(d)  The legislature finds, determines, and declares that the creation of the district is necessary to:

(1)  diversify the economy of the state;

(2)  promote, develop, expand, encourage, and maintain employment, commerce, economic development, and the public welfare;

(3)  promote the control, treatment, storage, and distribution of water;

(4)  protect, preserve, and restore the sanitary conditions of water;

(5)  promote the transportation of agricultural, industrial, and commercial products;

(6)  promote the health, safety, and general welfare of:

(A)  property owners, residents, employers, and employees in the district; and

(B)  the general public;

(7)  promote the improvement of rivers, bays, creeks, streams, and canals to permit or to aid navigation and commerce; and

(8)  promote the construction, maintenance, and operation of streets, roads, highways, turnpikes, and railroads in the greater Cedar Crossing area of Chambers County.

(g)  The legislature finds, determines, and intends that by creating the district it has established a program to accomplish the public purposes set out in Article III, Section 52-a, of the Texas Constitution.

Revised Law

Sec. 3854.004.  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 Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.

(c)  The district will provide needed funding in the greater Cedar Crossing area to preserve, maintain, and enhance the economic health and vitality of the area as a community and a business and industrial center.

(d)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests, as well as the public.  (Acts 73rd Leg., R.S., Ch. 566, Secs. 1(e), (f), (h).)

Source Law

(e)  The district will provide funding in the greater Cedar Crossing area needed to preserve, maintain, and enhance the economic health and vitality of the area as a community and a business and industrial center.

(f)  The district will not act as the agent or instrumentality of a private interest even though many private interests will be benefited by the district, as will the general public.

(h)  The legislature finds that all of the land and other property included within the boundaries of the district will be benefited by the improvements and services to be provided by the district under powers conferred by Article III, Section 52, Article XVI, Section 59, and Article III, Section 52-a, of the Texas Constitution, and other powers granted under this Act, and that the district is created to serve a public use and benefit.

Revised Law

Sec. 3854.005.  EFFECT OF DISTRICT CREATION ON MUNICIPAL POWERS.  (a)  The creation of the district does not:

(1)  affect the power of a municipality in whose extraterritorial jurisdiction the district or a part of the district lies to designate all or part of the district as an industrial district;

(2)  limit a power under Chapter 42, Local Government Code, of a municipality described by Subdivision (1); or

(3)  affect the power of a municipality to provide municipal services to any area in the municipality or the municipality's extraterritorial jurisdiction that is in the district.

(b)  A municipality described by Subsection (a)(3) has the same power to extend or provide municipal services after the creation of the district as the municipality had before the district's creation.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 9 (part).)

Source Law

Sec. 9.  … Creation of the district does not affect the power of a municipality in whose extraterritorial jurisdiction the district or part of the district lies to designate all or part of the district as an industrial district or to limit a power of the municipality conferred by Chapter 42, Local Government Code.  Creation  of the district does not affect the power of a municipality to provide municipal services to any area in the municipality or its extraterritorial jurisdiction that is in the district and such municipality shall have the same power to extend or provide municipal services after the creation of the district as it had before its creation. …

Revised Law

Sec. 3854.006.  TORT CLAIMS.  (a)  The district is a governmental unit for the purposes of Chapter 101, Civil Practice and Remedies Code.

(b)  The operations of the district are essential governmental functions for all purposes and not proprietary functions.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 7.)

Source Law

Sec. 7.  The district is a unit of government for purposes of Chapter 101, Civil Practice and Remedies Code.  The operations of the district are essential governmental functions for all purposes and not proprietary functions.

Revised Law

Sec. 3854.007.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformance with the legislative findings and purposes stated in this chapter.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 1(i).)

Source Law

(i)  This Act shall be liberally construed in conformance with the legislative findings and purposes stated in this Act.

[Sections 3854.008-3854.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT TERRITORY AND ANNEXATION

Revised Law

Sec. 3854.051.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 3, Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, as that territory may have been modified under:

(1)  Subchapter J, Chapter 49, Water Code; or

(2)  other law.

(b)  The boundaries and field notes of the district form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect:

(1)  the district's organization, existence, or validity;

(2)  the district's right to issue any type of bond or to issue or enter into another type of obligation for a purpose for which the district is created;

(3)  the district's right to levy or collect an assessment or tax; or

(4)  the legality or operation of the district or the district's governing body.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 4; New.)

Source Law

Sec. 4.  The legislature finds that the boundaries and field notes of the district form a closure.  If a mistake is made in the field notes or in copying the field notes in the legislative process, it does not affect the organization, existence, or validity of the district, the right of the district to issue any type of bonds or to issue or enter into other types of obligations for the purposes for which the district is created, or the right of the district to levy and collect assessments or taxes, or affect in any manner the legality or operation of the district or its governing body.

Revisor's Note

The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description and because that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes references to the statutory description of the district's territory and to the authority to change the district's territory under Subchapter J, Chapter 49, Water Code, applicable to the district under Sections 49.001 and 49.002 of that chapter.  The revised law also includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 3854.052.  ANNEXATION OR EXCLUSION OF TERRITORY BY DISTRICT; MUNICIPAL CONSENT.  (a)  The district may annex land to and exclude land from the district as provided by Subchapter J, Chapter 49, Water Code.

(b)  The district may not annex land in a municipality's extraterritorial jurisdiction unless the municipality consents to the annexation.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 8.)

Source Law

Sec. 8.  The district may annex land to and exclude land from the district as provided by Chapter 54, Water Code.  The district may not annex land in a municipality's extraterritorial jurisdiction unless the municipality consents to the annexation.

Revisor's Note

Section 8, Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that land may be annexed to or excluded from the district as provided by Chapter 54, Water Code. Sections 54.701-54.727, Water Code, which provided for the annexation or exclusion of territory by a municipal utility district, were repealed by Section 43, Chapter 715, Acts of the 74th Legislature, Regular Session, 1995. Section 2 of that act added Chapter 49, Water Code, including Subchapter J of that chapter, which now provides for the annexation or exclusion of territory by certain districts. The reference to the repealed annexation provisions in Chapter 54 may be considered to be a reference to the similar provisions in Chapter 49, and the revised law reflects this change.

Revised Law

Sec. 3854.053.  ANNEXATION OF DISTRICT TERRITORY BY MUNICIPALITY.  (a)  Notwithstanding Chapter 43, Local Government Code, a municipality in whose extraterritorial jurisdiction the district is located may annex all or part of the district.  Annexation does not result in a total or partial dissolution of the district or an assumption by the annexing municipality of any of the district's obligations or indebtedness.

(b)  A municipal annexation of all or part of the district has no effect on the validity of the district, and the district shall continue to exist and exercise the powers granted by this chapter.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 9 (part).)

Source Law

Sec. 9.  A municipality in whose extraterritorial jurisdiction the district is located may annex all or part of the district, notwithstanding any provision of Chapter 43, Local Government Code.  Annexation does not result in total or partial dissolution of the district or an assumption by the annexing municipality of any of the district's obligations or indebtedness. … A municipal annexation of all or part of the district has no effect on the validity of the district and the district shall continue to exist and exercise the powers granted by this Act.

[Sections 3854.054-3854.100 reserved for expansion]

SUBCHAPTER C.  BOARD OF DIRECTORS

Revised Law

Sec. 3854.101.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of seven directors.

(b)  Directors serve staggered four-year terms. (Acts 73rd Leg., R.S., Ch. 566, Secs. 5(a), (b) (part).)

Source Law

Sec. 5.  (a)  The district is governed by a board of seven directors.

(b)  … Directors serve staggered four-year terms… .

Revised Law

Sec. 3854.102.  APPLICABLE LAW.  The board is governed by Subchapter D, Chapter 375, Local Government Code, to the extent that the subchapter does not conflict with this chapter.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(f) (part).)

Source Law

(f)  The board is governed by Subchapter D, Chapter 375, Local Government Code, to the extent that subchapter does not conflict with this Act. …

Revised Law

Sec. 3854.103.  DIRECTOR DISTRICTS.  (a)  Each position on the board represents a separate area of the district known as a director district.

(b)  All land in the district must be in a director district.

(c)  Director districts may not overlap.

(d)  The board may establish new boundaries for a director district if it is necessary to provide a reasonable balance in the board representation between acreage, value, improvements, and interests of the property owners in the district.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(g) (part).)

Source Law

(g)  Each position on the board represents a separate area of the district to be known as a director district. … All land in the district shall be in a director district.  Director districts may not overlap.  The board from time to time may establish new boundaries for one or more director districts if it is necessary to provide a reasonable balance in the board representation between acreage, value, improvements, and interests of the property owners in the district.

Revisor's Note

(1)  Section 5(g), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that after the effective date of that act the board shall establish the boundaries of director districts.  The revised law omits the provision as executed.  The omitted law reads:

(g)  … As soon as possible after the effective date of this Act, the board shall establish the boundaries of the director districts over areas in the district that in the board's judgment provide a reasonable balance in the board representation between acreage, value, improvements, and interests of the property owners in the district.  …

(2)  Section 5(g), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that the board may establish new boundaries for the director districts "from time to time."  The revised law omits the quoted language because the authority to take an action implies the authority to do so at any time.

Revised Law

Sec. 3854.104.  APPOINTMENT OF DIRECTORS.  The Commissioners Court of Chambers County shall appoint a director to represent a director district in the manner provided by Section 375.064, Local Government Code, from a list of candidates recommended by the board in the manner provided by that section.  (Acts 73rd Leg., R.S., Ch. 566, Secs. 5(b) (part), (e) (part).)

Source Law

(b)  Except for the initial directors, the commissioners court of Chambers County shall appoint directors to represent a director district in the manner provided in Section 375.064, Local Government Code, from a list of candidates recommended by the board in the manner provided in Section 375.064, Local Government Code… .

(e)  Each director appointed by the commissioners court of Chambers County … .

Revisor's Note

Section 5(b), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that "[e]xcept for the initial directors," each director shall be appointed by the Commissioners Court of Chambers County.  The revised law omits the quoted language as executed.

Revised Law

Sec. 3854.105.  QUALIFICATIONS.  (a)  Each director shall qualify for office as required by Subchapter D, Chapter 375, Local Government Code.

(b)  Each director shall meet the qualifications provided by Section 375.063, Local Government Code, for the area in the director district that the director represents.

(c)  A person may not be appointed as a director or continue to serve as a director unless the person satisfies the requirements provided by Section 375.063, Local Government Code, for the area in the director district that the person is appointed to represent.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(e) (part).)

Source Law

(e)  Each director … shall meet the qualifications for directors provided by Section 375.063, Local Government Code, for the area included within the boundaries of the director district which such director represents and no person may be appointed as a director or continue to serve as a director unless the person satisfies the requirements set forth in Section 375.063 for the area in the director district such person is appointed to represent.  Each director shall qualify for office as required by Subchapter D, Chapter 375, Local Government Code.

Revised Law

Sec. 3854.106.  VOTING; ACTIONS.  (a)  Directors may vote on any matter authorized by Subchapter D, Chapter 375, Local Government Code.

(b)  The board may take action only if the action is approved in the manner prescribed by Subchapter D, Chapter 375, Local Government Code.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(f) (part).)

Source Law

(f)  … Directors may vote on any matter authorized by Subchapter D, Chapter 375, Local Government Code; however, action may only be taken by the board if it is approved in the manner prescribed by Subchapter D, Chapter 375, Local Government Code.

Revised Law

Sec. 3854.107.  VACANCY.  The remaining directors shall fill a vacancy in the office of director for the remainder of the unexpired term.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 5(b) (part).)

Source Law

(b)  … A vacancy in the office of director shall be filled by the remaining directors for the remainder of the unexpired term.

Revisor's Note

(End of Subchapter)

(1)  Sections 5(c) and (d), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, refer to the initial board of directors and the terms for the initial board of directors.  The revised law omits those provisions as executed.  The omitted law reads:

(c)  On the effective date of this Act, the following persons constitute the initial board of directors of the district and are appointed for the terms prescribed by Subsection (d) of this section to represent the following director district positions:

Director District Position	Name of Director
1	Deborah S. Hsi
2	Kandy K. Gregory
3	Langston H. Wood
4	Joseph S. Antoline
5	Donald E. Simpson
6	Robert B. Brown, Jr.
7	Robert Douglas Gates

(d)  The initial directors appointed for director district positions 1 through 3 serve until May 1, 1995, and the initial directors appointed for director district positions 4 through 7 serve until May 1, 1997.

(2)  Section 5(h), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that directors are compensated in accordance with Section 54.114, Water Code.  The revised law omits the provision because Section 54.114 was repealed by Section 43, Chapter 715, Acts of the 74th Legislature, Regular Session, 1995.  Section 2 of Chapter 715 enacted Section 49.060, Water Code, which governs compensation of directors and applies to the district by its own terms.  The omitted law reads:

(h)  Directors shall be compensated in the manner provided by Section 54.114, Water Code.

[Sections 3854.108-3854.150 reserved for expansion]

SUBCHAPTER D.  POWERS AND DUTIES

Revised Law

Sec. 3854.151.  GENERAL POWERS.  The district has:

(1)  all the rights, powers, and privileges conferred by the general law of this state applicable to districts created under:

(A)  Chapter 375, Local Government Code;

(B)  Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes);

(C)  Chapter 441, Transportation Code; and

(D)  Chapter 54, Water Code;

(2)  the rights, powers, and privileges granted to districts by:

(A)  Subchapters E and M, Chapter 60, Water Code; and

(B)  Section 61.116, Water Code; and

(3)  all the powers granted to municipal management districts under Sections 375.092 and 375.111, Local Government Code, to provide any services or for any project the district is authorized to acquire, construct, or improve under this chapter.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(a) (part).)

Source Law

Sec. 6.  (a)  The district has all of the rights, powers, privileges, and authority conferred by the general law of this state applicable to districts created under Chapter 375, Local Government Code; Chapter 54, Water Code; Chapter 13, Acts of the 68th Legislature, 2nd Called Session, 1984 (Article 6674r-1, Vernon's Texas Civil Statutes); and Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes).  The district also has the rights, powers, privileges, and authority granted to districts by Subchapters E and M, Chapter 60, Water Code, and Section 61.116, Water Code.  …  The district also has all of those powers granted to municipal management districts under Sections 375.092 and 375.111, Local Government Code, to provide any services or for any project the district is authorized to acquire, construct, or improve under this Act.  …

Revisor's Note

(1)  Section 6(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, refers to the "rights, powers, privileges, and authority" of the district.  The revised law omits the references to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

(2)  Section 6(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, refers to Article 6674r-1, Vernon's Texas Civil Statutes.  Chapter 165, Acts of the 74th Legislature, Regular Session, 1995, codified Article 6674r-1 as Chapter 441, Transportation Code.  The revised law is drafted accordingly.

Revised Law

Sec. 3854.152.  ELECTIONS.  The district shall hold elections as provided by Subchapter L, Chapter 375, Local Government Code.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 11 (part).)

Source Law

Sec. 11.  The district shall hold elections as provided by Subchapter L, Chapter 375, Local Government Code. …

Revised Law

Sec. 3854.153.  AUTHORITY TO ACQUIRE INTEREST IN LAND.  The district may acquire any interest in land in accordance with Chapter 54, Water Code.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(a) (part).)

Source Law

(a)  …  The district may acquire any interest in land in accordance with Chapter 54, Water Code.  …

Revised Law

Sec. 3854.154.  EXPENSES AND LIABILITY FOR CERTAIN ACTIONS AFFECTING PROPERTY.  If the district, in exercising a power conferred by this chapter, requires a relocation, adjustment, raising, lowering, rerouting, or changing the grade of or altering the construction of any street, alley, highway, overpass, underpass, road, railroad track, bridge, facility, or property, electric line, conduit, facility, or property, telephone or telegraph line, conduit, facility, or property, gas transmission or distribution pipe, pipeline, main, facility, or property, water, sanitary sewer or storm sewer pipe, pipeline, main, facility, or property, cable television line, cable, conduit, facility, or property, or other pipeline or facility or property relating to the pipeline, that relocation, adjustment, raising, lowering, rerouting, changing of grade, or altering of construction must be accomplished at the sole cost and expense of the district, and damages that are suffered by owners of the property or facilities shall be borne by the district.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(c).)

Source Law

(c)  If the district, in exercising a power conferred by this Act, requires a relocation, adjustment, raising, lowering, rerouting, or changing the grade of or altering the construction of any street, alley, highway, overpass, underpass, road, railroad track, bridge, facility, or property, electric line, conduit, facility, or property, telephone or telegraph line, conduit, facility, or property, gas transmission or distribution pipe, pipeline, main, facility, or property, water, sanitary sewer or storm sewer pipe, pipeline, main, facility, or property, cable television line, cable, conduit, facility, or property, or other pipeline or facility or property relating to the pipeline, that relocation, adjustment, raising, lowering, rerouting, changing of grade, or altering of construction must be accomplished at the sole cost and expense of the district, and damages that are suffered by owners of the property or facilities shall be borne by the district.

Revised Law

Sec. 3854.155.  SECURITY SERVICES.  To protect the public interest, the district may contract with a private entity or a municipality, county, or other political subdivision for services for the security and protection of residents and property in the district.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 15.)

Source Law

Sec. 15.  To protect the public interest, the district may contract with a private entity or a municipality, county, or other political subdivision for services for the security and protection of residents and property in the district.

Revised Law

Sec. 3854.156.  COMPETITIVE BIDDING.  The district shall contract for services, improvements, or the purchase of materials, machinery, equipment, supplies, or other property of more than $25,000 as provided by Section 375.221, Local Government Code.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 16.)

Source Law

Sec. 16.  The district shall contract for services, improvements, or the purchase of materials, machinery, equipment, supplies, or other property in excess of $25,000 as provided by Section 375.221, Local Government Code, or Subchapter I, Chapter 49, Water Code, as added by H.B. No. 1266, Acts of the 73rd Legislature, Regular Session, 1993.

Revisor's Note

Section 16, Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, requires that districts entering into certain contracts do so in accordance with either Section 375.221, Local Government Code, or Subchapter I, Chapter 49, Water Code, as added by H.B. No. 1266, Acts of the 73rd Legislature, Regular Session, 1993.  The revised law omits the reference to that subchapter because that bill did not pass.

Revised Law

Sec. 3854.157.  DISTRICT NAME CHANGE.  The board by resolution may change the name of the district.  The name must describe the district's location and principal powers.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 1(b).)

Source Law

(b)  The name of the district may be changed by resolution of the board of directors of the district at any time so long as the name is descriptive of the location and the principal powers of the district.

Revisor's Note

Section 1(b), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that the board may change the name of the district "at any time."  The revised law omits the quoted language because the authority to take an action implies the authority to do so at any time.

Revised Law

Sec. 3854.158.  OWNING OR OPERATING AIRPORT PROHIBITED.  The district may not own or operate an airport.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(d).)

Source Law

(d)  The district may not own or operate an airport.

[Sections 3854.159-3854.200 reserved for expansion]

SUBCHAPTER E.  FINANCIAL PROVISIONS

Revised Law

Sec. 3854.201.  DISBURSEMENTS OR TRANSFERS OF MONEY.  The board by resolution shall establish the number of director signatures or the procedure required for all disbursements or transfers of the district's money.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(e).)

Source Law

(e)  The board shall establish by resolution the number of director signatures or the procedure required for all disbursements or transfers of the district's money.

Revised Law

Sec. 3854.202.  TAX AND BOND ELECTIONS.  (a)  The district shall hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval for the district to impose a maintenance tax or issue bonds payable from ad valorem taxes or assessments.

(b)  The board may submit multiple purposes in a single proposition at an election.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 11 (part).)

Source Law

Sec. 11.  … The district shall also hold an election in the manner provided by that subchapter for the purpose of obtaining voter approval for the district to levy a maintenance tax or to issue bonds payable from ad valorem taxes or assessments.  The board may submit multiple purposes in a single proposition at an election.

Revisor's Note

Section 11, Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, refers to the "levy" of a maintenance tax.  Other provisions revised in this chapter refer to the district's authority to "levy" and "collect" taxes.  Throughout this chapter, the revised law substitutes "impose" for the quoted language when used only with taxes because "impose" is the term generally used in Title 1, Tax Code, and includes the levy and collection of taxes.

Revised Law

Sec. 3854.203.  MAINTENANCE AND OPERATION TAX.  (a)  If authorized at an election held in accordance with Section 3854.202, the district may impose an annual ad valorem tax on taxable property in the district for:

(1)  the maintenance, operation, and upkeep of the district and the improvements constructed or acquired by the district; and

(2)  the provision of services to industrial and commercial businesses and residents and property owners.

(b)  The board shall determine the tax rate.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 13.)

Source Law

Sec. 13.  If authorized at an election held in accordance with Section 11 of this Act, the district may levy and collect an annual ad valorem tax on taxable property in the district for maintenance, operation, and upkeep of the district and the improvements constructed or acquired by the district and the provision of services to industrial and commercial businesses and residents and property owners.  The board shall determine the tax rate.

Revised Law

Sec. 3854.204.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board may levy and collect an assessment under Subchapter F, Chapter 375, Local Government Code, for any authorized purpose only if the assessment does not conflict with this chapter.

(b)  An assessment or reassessment by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:

(1)  are a first and prior lien against the property assessed;

(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3)  are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.

(c)  The lien is effective from the date of the board's resolution levying the assessment until the date the assessment is paid.  The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.  (Acts 73rd Leg., R.S., Ch. 566, Secs. 10(a) (part), (c).)

Source Law

(a)  …  The board may levy and collect an assessment under Subchapter F, Chapter 375, Local Government Code, for any authorized purpose only if the assessment does not conflict with other provisions of this Act.

(c)  Assessments or reassessments by the district, penalties and interest on an assessment or reassessment, expenses of collection, and reasonable attorney fees incurred by the district are a first and prior lien against the property assessed, are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes, and are the personal liability of and charge against the owners of the property even if the owners are not named in the assessment proceedings.  The lien is effective from the date of the resolution of the board levying the assessment until the assessment is paid.  The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.

Revised Law

Sec. 3854.205.  FINANCING IMPROVEMENT PROJECTS OR SERVICES.  (a)  The district may finance the cost of any authorized improvement project or service in the manner provided by any law that applies to the district.

(b)  A petition under Section 375.114, Local Government Code, is not required for the board to levy a tax, assessment, or impact fee to finance improvement projects and services under this chapter.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 6(b).)

Source Law

(b)  The district may finance the cost of any authorized improvement project or services in the manner provided by any law made applicable to the district. A petition under Section 375.114, Local Government Code, is not required for the board to be authorized to levy taxes, assessments, or impact fees to finance services and improvement projects under this Act.

Revised Law

Sec. 3854.206.  IMPACT FEES.  Except as provided by Section 3854.207, the district may impose an impact fee for an authorized purpose as provided by Subchapter G, Chapter 375, Local Government Code.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 12 (part).)

Source Law

Sec. 12.  The district may impose an impact fee for an authorized purpose as provided by Subchapter G, Chapter 375, Local Government Code.  …

Revised Law

Sec. 3854.207.  CERTAIN RESIDENTIAL PROPERTY EXEMPT.  The district may not impose an impact fee or assessment on a single-family residential property or a residential duplex, triplex, fourplex, or condominium.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 12 (part).)

Source Law

Sec. 12.  … The district may not impose an impact fee or assessment on a single-family residential property or a residential duplex, triplex, quadruplex, or condominium.

Revised Law

Sec. 3854.208.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds or other obligations secured by and payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district.

(b)  In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.  (Acts 73rd Leg., R.S., Ch. 566, Secs. 6(a) (part), 10(a) (part).)

Source Law

Sec. 6.  (a)  … Bonds or other obligations issued under any of those laws may be secured by revenues, assessments, ad valorem taxes, impact fees, grants, or other funds of the district, or any combination of those funds.  …

Sec. 10.  (a)  The district may issue bonds or other obligations payable in whole or in part from ad valorem taxes, assessments, impact fees, revenues, grants, or other funds of the district, or any combination of those funds, to pay for any authorized purpose of the district.  Bonds or other obligations of the district may be issued in the form of bonds, notes, certificates of participation, including other instruments evidencing a proportionate interest in payments to be made by the district, or other obligations that are issued in the exercise of the district's borrowing power and … .

Revisor's Note

Section 10(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides requirements regarding the form of district bonds.  The revised law omits the provision because it substantively duplicates Sections 1201.022(a)(2) and 1201.023, Government Code.  Section 1201.022(a)(2) permits bearer or registered form.  Section 1201.023 permits uncertificated book entry.  Those sections apply to district bonds by application of Section 1201.002, Government Code.  The omitted law reads:

(a)  … [Bonds or other obligations of the district] … may be issued in bearer or registered form or not represented by an instrument but the transfer of which is registered on books maintained by or on behalf of the district.

Revised Law

Sec. 3854.209.  APPROVAL OF BONDS.  (a)  No approval is required for bonds issued by the district other than:

(1)  the approval of the attorney general as provided by Section 375.205, Local Government Code; and

(2)  the approval of the Texas Commission on Environmental Quality if the bonds are issued for a purpose that Section 375.208, Local Government Code, requires to be approved by the commission.

(b)  Except as provided by Subsection (c), the district may not issue bonds payable from an ad valorem tax imposed over the entire district in an amount more than the greater of:

(1)  $50 million; or

(2)  10 percent of the assessed value of the taxable property in the entire district as shown on the most recent certified tax rolls of the county central appraisal district.

(c)  If the Texas Commission on Environmental Quality approves the feasibility of district bonds described by Subsection (b), the limit on the amount of bonds to be issued is the amount set by the commission.

(d)  Subsection (b) does not limit the district's authority to issue bonds that are not payable from ad valorem taxes imposed over the entire district.  (Acts 73rd Leg., R.S., Ch. 566, Secs. 10(b), (d).)

Source Law

(b)  No approval of bonds issued by the district is required other than the approval of the attorney general as provided by Section 375.205, Local Government Code, and the approval of the Texas Water Commission if the bonds are issued for a purpose that Section 375.208, Local Government Code, requires to be approved by the commission.

(d)  Bonds payable from an ad valorem tax levied over the entire district may not be issued in an amount in excess of the greater of (1) $50 million, or (2) 10 percent of the assessed value of taxable property within the entire district as shown on the most recent certified tax rolls of the county central appraisal district, unless the Texas Water Commission approves the bonds as to feasibility, in which case, the limit on the amount of bonds to be issued shall be that amount set by the Texas Water Commission.  This provision will not limit the authority of the district to issue bonds which are not payable from ad valorem taxes levied over the entire district.

Revisor's Note

Sections 10(b) and (d), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, refer to the "Texas Water Commission."  The revised law substitutes "Texas Commission on Environmental Quality" for "Texas Water Commission" to reflect the current name of the agency with the relevant regulatory authority.

[Sections 3854.210-3854.250 reserved for expansion]

SUBCHAPTER F.  DISSOLUTION

Revised Law

Sec. 3854.251.  DISSOLUTION OF DISTRICT.  The district may be dissolved as provided by Section 375.261 or 375.262, Local Government Code.  If the district is dissolved, the district shall remain in existence solely for the purpose of discharging its bonds or other obligations according to their terms.  (Acts 73rd Leg., R.S., Ch. 566, Sec. 14.)

Source Law

Sec. 14.  The district may be dissolved as provided in Section 375.261 or 375.262, Local Government Code.  If the district is dissolved, the district shall remain in existence solely for the limited purpose of discharging its bonds or other obligations according to their terms.

Revisor's Note

(End of Chapter)

(1)  Section 6(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that in the event of a conflict or inconsistency between the act and certain laws referenced in the act, the provisions of the act prevail.  The revised law omits the provision because it duplicates Section 311.026, Government Code (Code Construction Act).  The omitted law reads:

(a)  … If any provision of the referenced laws is in conflict with or is inconsistent with this Act, this Act prevails… .

(2)  Section 6(a), Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, refers to the adoption and incorporation of certain language by reference.  The revised law omits the language because it is unnecessary to repeat authority available under applicable laws to be adopted and incorporated by reference.  The omitted law reads:

(a)  … All laws or provisions of laws referenced in the Act and subsequent amendments of those laws are adopted and incorporated into this Act for all purposes and may be used by the district independently of each other.

(3)  Section 17, Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, states that the notice, introduction, and passage of the act satisfied the requirements of the Texas Constitution, other laws of this state, and the rules and procedures of the legislature.  Chapter 566 also provides that the Texas Water Commission timely filed recommendations relating to the act.  The revised law omits the provision as executed.  The omitted law reads:

Sec. 17.  The legislature finds that:

(1)  proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the Governor of Texas, who has submitted the notice and Act to the Texas Water Commission;

(2)  the Texas Water Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;

(3)  the general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and

(4)  all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.

(4)  Section 18, Chapter 566, Acts of the 73rd Legislature, Regular Session, 1993, provides that the provisions of the act are severable.  The revised law omits the section because it duplicates Section 311.032, Government Code (Code Construction Act), providing for the severability of statutes.  The omitted law reads:

Sec. 18.   The provisions of this Act are severable, and if any provision or part of this Act or the application thereof to any person or circumstance is held by a court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Act and the application of that provision or part of this Act to other persons or circumstances is not affected.