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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Las Damas Management District; |
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providing authority to levy an assessment, impose a tax, and issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. LAS DAMAS MANAGEMENT DISTRICT. Subtitle C, |
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Title 4, Special District Local Laws Code, is amended by adding |
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Chapter 3836 to read as follows: |
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CHAPTER 3836. LAS DAMAS MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3836.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the Las Damas Management |
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District. |
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Sec. 3836.002. LAS DAMAS MANAGEMENT DISTRICT. The Las |
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Damas Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3836.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing Austin County |
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and other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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agriculture, viniculture, irrigation, transportation, housing, |
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tourism, recreation, the arts, entertainment, economic |
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development, safety, and the public welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Austin County from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant the county or any city services |
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provided in the area in the district. |
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Sec. 3836.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; |
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(3) develop or expand transportation and commerce; |
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(4) develop and promote agriculture, irrigation, and |
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viniculture; and |
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(5) develop and promote tourism. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a residential community and business, |
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agricultural, and tourism center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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(4) promote, market, and advertise the district as a |
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tourist and visitor destination; and |
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(5) promote public awareness of the district's |
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agricultural resources and products, including the growing and |
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harvesting of grapes and the production and bottling of wine. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3836.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; or |
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(2) other law. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not in any way affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3836.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3836.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3836.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3836.009-3836.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3836.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than five or more than 15 voting directors. |
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(c) Sections 375.069 and 375.070, Local Government Code, do |
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not apply to the district. |
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Sec. 3836.052. APPOINTMENT OF DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3836.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3836.054. QUORUM. For purposes of determining the |
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requirements for a quorum, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3836.055. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2009, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2011. |
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(c) Section 3836.052 does not apply to this section. |
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(d) This section expires September 1, 2012. |
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[Sections 3836.056-3836.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3836.101. AGRICULTURAL DEVELOPMENT DISTRICT POWERS. |
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The district may exercise the powers given to an agricultural |
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development district created under Chapter 60, Agriculture Code. |
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Sec. 3836.102. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3836.103. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY |
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SERVICES. To protect the public interest, the district may |
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contract with a qualified party, including Austin County or any |
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municipality, to provide law enforcement, public safety, fire, or |
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emergency medical services in the district for a fee. |
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Sec. 3836.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a nonprofit or charitable |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3836.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) For purposes of this section, the district has all of |
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the powers of a municipality under Chapter 380, Local Government |
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Code. |
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Sec. 3836.106. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 3836.107-3836.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3836.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3836.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3836.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified tax appraisal roll for Austin County; or |
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(2) at least 25 persons who own real property in the |
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district, if more than 25 persons own real property in the district |
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according to the most recent certified tax appraisal roll for |
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Austin County. |
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Sec. 3836.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first-class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3836.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3836.156. AD VALOREM TAX. (a) If authorized at an |
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election held in accordance with Section 3836.160, the district may |
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impose an annual ad valorem tax on taxable property in the district |
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for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. |
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Sec. 3836.157. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3836.158. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue by competitive bid or negotiated sale bonds or |
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other obligations payable wholly or partly from taxes, assessments, |
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impact fees, revenue, grants, or other money of the district, or any |
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combination of those sources of money, to pay for any authorized |
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purpose of the district. |
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(b) In addition to any other terms authorized by the board |
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by bond order or resolution, the proceeds of the district's bonds |
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may be used for a reserve fund, credit enhancement, or capitalized |
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interest for the bonds. |
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Sec. 3836.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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Sec. 3836.160. TAX AND BOND ELECTIONS. (a) The district |
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shall hold an election in the manner provided by Subchapter L, |
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Chapter 375, Local Government Code, to obtain voter approval before |
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the district imposes an ad valorem tax or issues bonds payable from |
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ad valorem taxes. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 3836.161. BIDDING REQUIREMENTS. Section 375.221, |
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Local Government Code, and Sections 49.273(d), (e), (f), and (g), |
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Water Code, do not apply to the district. |
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Sec. 3836.162. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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[Sections 3836.163-3836.200 reserved for expansion] |
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SUBCHAPTER E. SALES AND USE TAX |
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Sec. 3836.201. MEANINGS OF WORDS AND PHRASES. Words and |
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phrases used in this subchapter that are defined by Chapters 151 and |
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321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
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Tax Code. |
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Sec. 3836.202. APPLICABILITY OF CERTAIN TAX CODE |
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PROVISIONS. (a) Except as otherwise provided by this subchapter, |
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Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
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apply to taxes imposed under this subchapter and to the |
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administration and enforcement of those taxes in the same manner |
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that those laws apply to state taxes. |
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(b) Chapter 321, Tax Code, relating to municipal sales and |
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use taxes applies to the application, collection, change, and |
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administration of a sales and use tax imposed under this subchapter |
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to the extent consistent with this chapter, as if references in |
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Chapter 321, Tax Code, to a municipality referred to the district |
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and references to a governing body referred to the board. |
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(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
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321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
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apply to a tax imposed under this subchapter. |
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Sec. 3836.203. AUTHORIZATION; ELECTION. (a) The district |
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may adopt a sales and use tax to serve the purposes of the district |
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after an election in which a majority of the district voters voting |
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in the election authorize the adoption of the tax. |
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(b) The board by order may call an election to authorize a |
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sales and use tax. The election may be held with any other district |
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election. |
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(c) The district shall provide notice of the election and |
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shall hold the election in the manner prescribed by Section |
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3836.160. |
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(d) The ballots shall be printed to provide for voting for |
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or against the proposition: "Authorization of a sales and use tax |
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in the Las Damas Management District at a rate not to exceed ______ |
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percent." |
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Sec. 3836.204. ABOLISHING SALES AND USE TAX. (a) Except |
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as provided in Subsection (b), the board may abolish the sales and |
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use tax without an election. |
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(b) The board may not abolish the sales and use tax if the |
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district has outstanding debt or other obligations secured by the |
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tax. |
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Sec. 3836.205. SALES AND USE TAX RATE. (a) On adoption of |
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the tax authorized by this subchapter, there is imposed a tax on the |
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receipts from the sale at retail of taxable items within the |
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district, and an excise tax on the use, storage, or other |
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consumption within the district of taxable items purchased, leased, |
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or rented from a retailer within the district during the period that |
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the tax is in effect. |
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(b) The board shall determine the rate of the tax, which may |
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be in increments of one-eighth of one percent and may not exceed the |
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maximum rate authorized by the voters. |
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(c) The rate of the excise tax is the same as the rate of the |
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sales tax portion of the tax and is applied to the sales price of the |
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taxable item. |
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[Sections 3836.206-3836.250 reserved for expansion] |
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SUBCHAPTER F. HOTEL OCCUPANCY TAXES |
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Sec. 3836.251. HOTEL OCCUPANCY TAX. (a) In this section, |
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"hotel" has the meaning assigned by Section 156.001, Tax Code. |
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(b) For purposes of this section, a reference in Subchapter |
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A, Chapter 352, Tax Code, to a county is a reference to the district |
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and a reference in Subchapter A, Chapter 352, Tax Code, to the |
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county's officers or governing body is a reference to the board. |
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(c) Except as inconsistent with this section, Subchapter A, |
|
Chapter 352, Tax Code, governs a hotel occupancy tax authorized by |
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this section, including the collection of the tax, subject to the |
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limitations prescribed by Sections 352.002(b) and (c), Tax Code. |
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(d) The district may impose a hotel occupancy tax for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; and |
|
(3) provide a service. |
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(e) The board by order may impose, repeal, increase, or |
|
decrease the rate of a tax on a person who, under a lease, |
|
concession, permit, right of access, license, contract, or |
|
agreement, pays for the use or possession or for the right to the |
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use or possession of a room that: |
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(1) is in a hotel located in the district's boundaries; |
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(2) costs $2 or more each day; and |
|
(3) is ordinarily used for sleeping. |
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(f) The amount of the tax may not exceed seven percent of the |
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price paid for a room in a hotel. |
|
(g) The district may examine and receive information |
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related to the imposition of hotel occupancy taxes to the same |
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extent as if the district were a county. |
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[Sections 3836.252-3836.300 reserved for expansion] |
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SUBCHAPTER G. DISSOLUTION |
|
Sec. 3836.301. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
|
DEBT. (a) The board may dissolve the district regardless of |
|
whether the district has debt. Section 375.264, Local Government |
|
Code, does not apply to the district. |
|
(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
|
discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
|
Act, the Las Damas Management District includes all territory |
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located in Austin County that is contained in the following |
|
described area: |
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All that certain tract or parcel of land, lying and being |
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situated in Austin County, Texas, and partly in Washington County, |
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Texas, being part of the Geo. Gaskins Survey, A-176 (Austin County) |
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and A-137 (Washington County) and part of the C. R. Perry Survey, |
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A-275 (Austin County) and A-174 (Washington County), being all of |
|
the same land described as 316.670 acres in the deed from Estelle |
|
Garrow Perlitz to Elsa Perlitz Hudson, et al, dated May 7, 1992, as |
|
recorded in Volume 661, Page 351, in the Official Records of Austin |
|
County, Texas; being all of the same land described as 88.840 acres |
|
in the deed from Estelle Garrow Perlitz to Charles A. Perlitz, III, |
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et al, dated October 21, 1991, as recorded in Volume 650, Page 120, |
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in the Official Records of Austin County, Texas, and being a portion |
|
of the same land described as 172.320 acres in the deed from Estelle |
|
Garrow Perlitz to Charles A. Perlitz, III, et al, dated May 14, |
|
1990, as recorded in Volume 626, Page 382, in the Official Records |
|
of Washington County, Texas, and being more fully described by |
|
metes and bounds as follows, To-Wit: |
|
BEGINNING at a 1/2 inch iron rod found at the base of a 6 inch |
|
Cedar fence corner post on the North margin of Sempronius Road for |
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the Southeast corner of said original 316.670 acres tract, Volume |
|
661, Page 351, being on the division line of said Gaskins Survey and |
|
the F. Grimes Survey, A-43 (Austin County), A-51 (Washington |
|
County), also being on the occupied West line of the Arista Felker |
|
Walters (Harry Dodd) tract called 152 1/2 acres as described in |
|
Volume 60, Page 534, in the Deed Records of Austin County, Texas; |
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THENCE along a portion of the North margin of said Sempronius |
|
Road for the South lines hereof, being along the South lines of said |
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original 316.670 acres and said original 88.840 acres tract, Volume |
|
650, Page 120, being along or near an existing fence, as follows: S |
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79°36'24" W 1721.91 feet to a 1/2 inch iron rod set at the base of a 8 |
|
inch treated fence corner post on said road margin, S 79°04'19" W |
|
1976.74 feet to a 1/2 inch iron rod found at the base of a railroad |
|
tie fence corner post on said road margin on the division line of |
|
said Gaskins Survey and said Perry Survey for the division corner of |
|
said original 316.670 acres and said original 88.840 acres tract, |
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and S 79°12'28" W 1056.23 feet to a 1/2 inch iron rod set at the base |
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of a 12 inch treated fence corner post on said road margin for the |
|
Southwest corner hereof and of said original 88.840 acres tract, |
|
being the occupied Southeast corner of the George William Wehrung, |
|
III, et ux, tract called 90.25 acres (Tract 3) as described in |
|
Volume 160, Page 331, in said Austin County Deed Records; |
|
THENCE along the East line of said Wehrung tract called 90.25 |
|
acres, and along the East line of the George William Wehrung, III, |
|
et ux, tract called 90 1/4 acres (Tract 2) as described in Volume |
|
160, Page 331, in said Austin County Deed Records, being along or |
|
near an existing fence, N 10°46'35" W 3671.32 feet to a 1/2 inch iron |
|
rod found at the base of a 6 inch treated fence corner post for the |
|
Northwest corner hereof and of said original 88.840 acres tract, |
|
Volume 650, Page 120, being the occupied Northeast corner of said |
|
Wehrung, III, et ux tract called 90 1/4 acres and described as Tract |
|
2, also being on the South line of the Charles A. Perlitz, III, et al |
|
original 172.320 acres tract as described in Vol. 626, Page 382, in |
|
said Official Records of Washington County, Texas; |
|
THENCE along a North line hereof, N 76°32'58" E 1053.25 feet |
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to a 1/2 inch iron rod found for the Northwest corner of said |
|
original 316.670 acres tract and being an interior ell corner of |
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said Perlitz original 172.320 acres tract, being on the South line |
|
of the S. Woodward Survey, A-112 and being a division corner of said |
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Gaskins and Perry Surveys; |
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THENCE along a portion of the South line of said Perlitz |
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172.320 acres tract, along the South line of the Charles A. Perlitz, |
|
III, et al, 23.856 acres (Tract One) in the deed recorded in Vol. |
|
658, Page 19 in said Washington County Official Records, and along |
|
the South line of the Mary Louise Schawe tract called 55.552 acres |
|
as described in Vol. 349, Page 300, in said Washington County Deed |
|
Records for North lines hereof, being along or near an existing |
|
fence, as follows: N 79°02'51" E 1859.30 feet to a 1/2 inch iron rod |
|
found in fence line for the Southeast corner of said Perlitz 172.320 |
|
acres tract and the Southwest corner of said Perlitz 23.856 acres |
|
tract, N 79°01'06" E 523.08 feet to a 1/2 inch iron rod found near |
|
the base of 6 inch treated fence corner post for the Southeast |
|
corner of said Perlitz 23.856 acre tract and said Schawe 55.552 |
|
acres tract, and N 78°56'55" E 1312.86 feet to a 3/8 inch iron rod |
|
found at the base of a 6 inch Cedar fence corner post in concrete for |
|
the Northeast corner of said original 316.670 acres tract, being |
|
the Southeast corner of said Schawe 55.552 acres tract, being the |
|
Northeast corner of said Gaskins Survey common with the Southeast |
|
corner of said Woodward Survey, being on the West line of said |
|
Grimes Survey, also being on the West line of the William H. Schawe |
|
tract called 57.431 acres as described in Vol. 349, Page 297, in |
|
said Washington County Deed Records; |
|
THENCE along the division line of said Gaskins Survey and |
|
Grimes Survey for the East line hereof, being along the East line of |
|
said original 316.670 acres tract, being along a portion of the |
|
apparent West line of said Walters tract called 152 1/2 acres, being |
|
partly along or near an existing fence, S 10°53'29" E at 824.0 feet |
|
pass a 3/8 inch iron rod found at the base of a 6 inch treated fence |
|
corner post 3.55 feet East of the East line of this tract for the |
|
Southwest corner of said William H. Schawe tract called 57.431 |
|
acres, and at a total distance of 3740.34 feet to the place of |
|
beginning and containing 405.595 acres of land. |
|
SECTION 3. LEGISLATIVE FINDINGS. 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, |
|
who has submitted the notice and Act to the Texas Commission on |
|
Environmental Quality; |
|
(2) the Texas Commission on Environmental Quality 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. |
|
SECTION 4. EFFECTIVE DATE. This Act takes effect |
|
immediately if it receives a vote of two-thirds of all the members |
|
elected to each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2007. |