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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 Webb County Municipal Management |
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District; providing authority to impose a tax, levy an assessment, |
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and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3909 to read as follows: |
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CHAPTER 3909. WEBB COUNTY MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3909.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the most populous city in the county. |
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(3) "County" means Webb County, Texas. |
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(4) "Director" means a board member. |
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(5) "District" means the Webb County Municipal |
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Management District. |
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Sec. 3909.002. NATURE OF DISTRICT. The district is a |
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special district created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 3909.003. 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 the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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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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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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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 the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city and county services |
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provided in the area in the district. |
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Sec. 3909.004. 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; and |
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(3) develop or expand transportation and commerce. |
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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 community and business center; and |
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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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(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. 3909.005. DISTRICT TERRITORY. Except as provided by |
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Subchapter E, the district boundaries are coextensive with the |
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boundaries of Webb County. |
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Sec. 3909.006. 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. 3909.007. 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. 3909.008. 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 3909.009-3909.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3909.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of six directors who serve staggered terms of |
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four years, with three directors' terms expiring June 1 of each |
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even-numbered year. |
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Sec. 3909.052. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint three directors. The commissioners |
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court of the county shall appoint three directors. |
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Sec. 3909.053. QUALIFICATIONS OF DIRECTORS. (a) A |
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director must meet the qualifications prescribed by Section 54.102, |
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Water Code. |
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(b) Section 375.063, Local Government Code, does not apply |
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to the district. |
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Sec. 3909.054. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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[Sections 3909.055-3909.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3909.101. WATER FACILITY. The district may provide a |
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water, wastewater, or drainage facility for the district. |
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Sec. 3909.102. ROAD FACILITY. The district may provide a |
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road facility for the district. |
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Sec. 3909.103. RECREATIONAL FACILITY. The district may |
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provide a recreational facility for the district. |
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Sec. 3909.104. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3909.105. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3909.106. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any 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. 3909.107. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3909.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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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. 3909.109. ECONOMIC DEVELOPMENT. (a) The district may |
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establish and provide for the administration of one or more |
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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) The district may create economic development programs |
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and exercise the economic development powers that Chapter 380, |
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Local Government Code, provides to a municipality. |
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Sec. 3909.110. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with the city under Section 43.0751, Local |
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Government Code. |
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Sec. 3909.111. NO ANNEXATION POWER. The district may not |
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annex land. |
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Sec. 3909.112. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3909.113-3909.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC PARKING FACILITIES |
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Sec. 3909.151. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY. (a) The district may acquire, lease as lessor or |
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lessee, construct, develop, own, operate, and maintain parking |
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facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to, or |
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operated for the district by, an entity other than the district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. |
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(d) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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Sec. 3909.152. RULES. The district may adopt rules |
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covering its public parking system. |
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Sec. 3909.153. FINANCING OF PARKING FACILITIES. (a) The |
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district may use any of its resources, including revenue, |
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assessments, taxes, or grant or contract proceeds, to pay the cost |
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of acquiring or operating public parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees, charges, or |
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tolls for the use of the public parking facilities; and |
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(2) issue bonds or notes to finance the cost of these |
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facilities. |
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[Sections 3909.154-3909.200 reserved for expansion] |
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SUBCHAPTER E. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 3909.201. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district has no outstanding debt secured by ad valorem taxes. |
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Sec. 3909.202. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 3909.203. LIMITATION ON AREA OF NEW DISTRICT. (a) A |
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new district created by the division of the district may not contain |
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any land outside Webb County. |
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(b) Each new district must be 100 or more acres. |
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Sec. 3909.204. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by an owner of real |
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property in the district, may adopt an order proposing to divide the |
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district. |
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(b) The board may not divide the district unless the |
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division is approved by the governing body of the city by |
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resolution. The resolution may set terms for the division under |
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Subsection (c). |
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(c) If the board decides to divide the district, the board |
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shall, subject to the city's resolution: |
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(1) set the terms of the division, including names for |
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the new districts and a plan for the payment or performance of any |
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outstanding district obligations; and |
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(2) prepare a metes and bounds description for each |
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proposed district. |
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Sec. 3909.205. ELECTION FOR DIVISION OF DISTRICT. (a) |
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After the board has complied with Section 3909.204, the board shall |
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hold an election in the district to determine whether the district |
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should be divided as proposed. |
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(b) The board shall give notice of the election not later |
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than the 35th day before the date of the election. The notice must |
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state: |
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(1) the date and location of the election; and |
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(2) the proposition to be voted on. |
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(c) If a majority of the votes cast favor division: |
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(1) the district is divided; and |
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(2) not later than the 30th day after the date of the |
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election, the district shall provide written notice of the division |
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to: |
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(A) the Texas Commission on Environmental |
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Quality; and |
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(B) the city. |
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(d) If a majority of the votes cast do not favor division, |
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the district is not divided. |
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Sec. 3909.206. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) |
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Not later than the 90th day after the date of an election in favor of |
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the division of the district, the board shall: |
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(1) appoint itself as the board of one of the new |
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districts; and |
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(2) appoint five directors for each of the other new |
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districts. |
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(b) A director appointed under Subsection (a)(1) serves the |
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staggered term to which the director was appointed in the original |
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district. A director appointed under Subsection (a)(2) serves |
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until the election for directors under Subsection (c). |
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(c) On the uniform election date in May of the first |
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even-numbered year after the year in which the directors are |
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appointed, the appointed board shall hold an election to elect five |
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directors in each district for which directors were appointed under |
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Subsection (a)(2). The directors shall agree on, or draw lots to |
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determine, which two shall serve until the next regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 3909.207. CONTRACT AUTHORITY OF NEW DISTRICTS. (a) |
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Except as provided by Subsection (b), the new districts may |
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contract with each other for any matter the boards of the new |
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districts consider appropriate. |
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(b) The new districts may not contract with each other for |
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water and wastewater services. |
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[Sections 3909.208-3909.250 reserved for expansion] |
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SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3909.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of signatures and |
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the procedure required for a disbursement or transfer of the |
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district's money. |
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Sec. 3909.252. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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an 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. 3909.253. 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) The petition must be signed by the owners of a majority |
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of the assessed value of real property in the district subject to |
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assessment according to the most recent certified tax appraisal |
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roll for the county. |
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Sec. 3909.254. 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. 3909.255. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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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. 3909.256. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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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. 3909.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to: |
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(1) a tax imposed by the district; or |
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(2) a required payment for a service provided by the |
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district, including water and sewer service. |
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Sec. 3909.258. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held under Section 3909.262, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in accordance with Section 49.107, Water Code, for any district |
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purpose, including to: |
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(1) operate and maintain 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. The rate may not |
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exceed the rate approved at the election. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3909.259. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3909.260. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
|
valorem taxes. |
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(b) The district may issue bonds, notes, or other |
|
obligations payable wholly or partly from ad valorem taxes, sales |
|
and use taxes, assessments, impact fees, revenue, contract |
|
payments, grants, or other district money, or any combination of |
|
those sources of money, to pay for any authorized district purpose. |
|
(c) The limitation on the outstanding principal amount of |
|
bonds, notes, and other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
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Sec. 3909.261. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3909.262. ELECTIONS REGARDING CERTAIN TAXES AND BONDS. |
|
(a) The district may issue, without an election, bonds, notes, and |
|
other obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 3909.259. |
|
(b) The district must hold an election in the manner |
|
provided by Subchapter L, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax or sales and use tax or issue bonds payable from ad valorem |
|
taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of district bonds may |
|
be included in one single proposition to be voted on at the election |
|
or the bonds may be submitted in several propositions. |
|
Sec. 3909.263. COMPETITIVE BIDDING. Subchapter I, Chapter |
|
49, Water Code, applies to the district. Sections 375.221 and |
|
375.223, Local Government Code, do not apply to the district. |
|
Sec. 3909.264. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may designate reinvestment zones and may grant abatements of a tax |
|
or assessment on property in the zones. |
|
[Sections 3909.265-3909.300 reserved for expansion] |
|
SUBCHAPTER G. DEFINED AREAS |
|
Sec. 3909.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
|
Sec. 3909.302. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
|
shall hold an election in the defined area or in the designated |
|
property only. |
|
(b) The election shall be conducted as provided by Section |
|
3909.262. |
|
(c) The board may submit the issues to the voters on the same |
|
ballot to be used in another election. |
|
Sec. 3909.303. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and, by order, shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(b) A court may not review the board's order except on the |
|
ground of fraud, palpable error, or arbitrary and confiscatory |
|
abuse of discretion. |
|
Sec. 3909.304. TAXES FOR IMPROVEMENTS AND FACILITIES IN |
|
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and |
|
adoption of the order described by Section 3909.303, the district |
|
may apply separately, differently, equitably, and specifically its |
|
taxing power and lien authority to the defined area or designated |
|
property to provide money to construct, administer, maintain, and |
|
operate services, improvements, and facilities that primarily |
|
benefit the defined area or designated property. |
|
Sec. 3909.305. ISSUANCE OF BONDS FOR DEFINED AREA OR |
|
DESIGNATED PROPERTY. After the order under Section 3909.303 is |
|
adopted, the district may issue bonds to provide for any land, |
|
improvements, facilities, plants, equipment, and appliances for |
|
the defined area or designated property. |
|
[Sections 3909.306-3909.350 reserved for expansion] |
|
SUBCHAPTER H. SALES AND USE TAX |
|
Sec. 3909.351. MEANINGS OF WORDS AND PHRASES. A word or |
|
phrase used in this subchapter that is defined by Chapters 151 and |
|
321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax |
|
Code. |
|
Sec. 3909.352. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Except as otherwise provided by this subchapter, |
|
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
|
apply to taxes imposed under this subchapter and to the |
|
administration and enforcement of those taxes in the same manner |
|
that those laws apply to state taxes. |
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
use taxes, applies to the application, collection, change, and |
|
administration of a sales and use tax imposed under this subchapter |
|
to the extent consistent with this chapter, as if references in |
|
Chapter 321, Tax Code, to a municipality referred to the district |
|
and references to a governing body referred to the board. |
|
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
|
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
|
apply to a tax imposed under this subchapter. |
|
Sec. 3909.353. AUTHORIZATION; ELECTION. (a) The district |
|
may adopt a sales and use tax to serve the purposes of the district |
|
after an election in which a majority of the voters of the district |
|
voting in the election authorize the adoption of the tax. |
|
(b) The board by order may call an election to authorize a |
|
sales and use tax. The election may be held with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Section |
|
3909.262. |
|
(d) The ballots shall be printed to provide for voting for |
|
or against the proposition: "Authorization of a sales and use tax |
|
in the Webb County Municipal Management District at a rate not to |
|
exceed ___ percent." |
|
Sec. 3909.354. ABOLISHING SALES AND USE TAX. (a) Except |
|
as provided by Subsection (b), the board may abolish the sales and |
|
use tax without an election. |
|
(b) The board may not abolish the sales and use tax if the |
|
district has outstanding debt secured by the tax. |
|
Sec. 3909.355. SALES AND USE TAX RATE. (a) On adoption of |
|
the tax authorized by this subchapter, a tax is imposed on the |
|
receipts from the sale at retail of taxable items in the district |
|
and an excise tax is imposed on the use, storage, or other |
|
consumption in the district of taxable items purchased, leased, or |
|
rented from a retailer in the district during the period that the |
|
tax is in effect. |
|
(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the maximum |
|
rate authorized by the district voters at the election. The board |
|
may lower the tax rate to the extent the rate does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
|
taxable item. |
|
[Sections 3909.356-3909.400 reserved for expansion] |
|
SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION |
|
Sec. 3909.401. APPLICABILITY OF LAW ON ANNEXATION OF WATER |
|
OR SEWER DISTRICT. The district is a "water or sewer district" for |
|
the purposes of Section 43.071, Local Government Code. |
|
Sec. 3909.402. APPLICABILITY OF LAW ON WATER-RELATED |
|
SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE |
|
MUNICIPALITY. Section 43.075, Local Government Code, applies to |
|
the district. |
|
Sec. 3909.403. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
|
BONDS. Section 375.264, Local Government Code, does not apply to |
|
the dissolution of the district by a municipality. |
|
SECTION 2. Not later than the 60th day after the effective |
|
date of this Act, the commissioners court of Webb County and the |
|
governing body of the most populous city in Webb County shall |
|
appoint the directors to the board of the Webb County Municipal |
|
Management District, as provided by Section 3909.051, Special |
|
District Local Laws Code, as added by this Act. |
|
SECTION 3. (a) The 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 |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) 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. |
|
(d) 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. |
|
(e) 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. 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, 2011. |