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SECTION 1. Chapter 312, Acts
of the 57th Legislature, Regular Session, 1961, is amended by adding
Sections 8 through 27 to read as follows:
Sec. 8. DEFINED AREA:
CREATION OF DEFINED AREA; DESIGNATION.
Sec. 9. DEFINED AREA:
INITIAL TERRITORY.
Sec. 10. DEFINED AREA:
ANNEXATION OR EXCLUSION OF LAND.
(a) The district may
annex land to the defined area in the same manner as the district may annex
land to the district.
(b) The district may
exclude land from the defined area in the same manner as the district may
exclude land from the district.
Sec. 11. DEFINED AREA:
PROCEDURE FOR ELECTION.
Sec. 12. DEFINED AREA:
TAXES FOR SERVICES, IMPROVEMENTS, AND FACILITIES.
Sec. 13. DEFINED AREA:
ISSUANCE OF BONDS.
Sec. 14. DEFINED AREA:
POWERS AND DUTIES. (a) For the benefit of the defined area, the district
has the powers and duties provided by the general law of this state, including:
(1) Section 59, Article
XVI, Texas Constitution;
(2) Section 52, Article
III, Texas Constitution, applicable to the construction, acquisition,
improvement, operation, or maintenance of macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those roads;
(3) Section 52-a, Article III, Texas Constitution;
(4) except as provided by
this chapter, Chapters 49 and 51, Water Code, applicable to water control
and improvement districts created under Section 59, Article XVI, Texas
Constitution; and
(5) Chapter 375, Local Government Code, applicable to municipal
management districts.
(b) Except as provided by
Subsection (c), the governing body of the district shall administer the
defined area as provided by Chapter 51, Water Code.
(c) Sections 51.518,
51.519, 51.520, 51.521, 51.522, 51.523, 51.524, 51.526, 51.527, 51.528, and
51.529, Water Code, do not apply to the district.
Sec. 15. DEFINED AREA:
AUTHORITY FOR ROAD PROJECTS.
Sec. 16. DEFINED AREA:
ROAD STANDARDS AND REQUIREMENTS.
Sec. 17. DEFINED AREA:
IMPROVEMENT PROJECTS AND SERVICES. For the benefit of the defined area,
the district may provide, design, construct, acquire, improve, relocate,
operate, maintain, or finance an improvement project or service using any
money available to the district, or contract with a governmental or private
entity to provide, design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement project or service authorized under
this chapter or Chapter 375, Local
Government Code.
Sec. 18. DEFINED AREA:
ECONOMIC DEVELOPMENT PROGRAMS. (a) For the benefit of the defined area,
the district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may
establish and provide for the administration of one or more programs to
promote state or local economic development and to stimulate business and
commercial activity in the district, including programs to:
(1) make loans and grants
of public money; and
(2) provide district
personnel and services.
(c) The district may
create economic development programs and exercise the economic development
powers provided to municipalities by:
(1) Chapter 380, Local
Government Code; and
(2) Subchapter A, Chapter
1509, Government Code.
Sec. 19. DEFINED AREA:
PARKING FACILITIES. (a) For the benefit of the defined area, the district
may acquire, lease as lessor or lessee, construct, develop, own, operate,
and maintain parking facilities or a system of parking facilities,
including lots, garages, parking terminals, or other structures or
accommodations for parking motor vehicles off the streets and related
appurtenances.
(b) The district's
parking facilities serve the public purposes of the district and are owned,
used, and held for a public purpose even if leased or operated by a private
entity for a term of years.
(c) The district's
parking facilities are parts of and necessary components of a street and
are considered to be a street or road improvement.
(d) The development and
operation of the district's parking facilities may be considered an
economic development program.
Sec. 20. DEFINED AREA:
MONEY USED FOR IMPROVEMENTS OR SERVICES. For the benefit of the defined
area, the district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter 375,
Local Government Code, using any money available to the district for the
defined area.
Sec. 21. DEFINED AREA:
PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS.
(a) The governing body of the district may not finance a service or
improvement project with assessments under this chapter unless a written
petition requesting that service or improvement has been filed with the
governing body.
(b) A petition filed
under Subsection (a) must be signed by the owners of a majority of the
assessed value of real property in the defined area subject to assessment
according to the most recent certified tax appraisal roll for the county.
Sec. 22. DEFINED AREA:
ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The governing body of the
district by resolution may impose and collect an assessment for any purpose
authorized by this chapter in all or any part of the defined area.
(b) An assessment, a
reassessment, or an assessment resulting from an addition to or correction
of the assessment roll by the district, penalties and interest on an
assessment or reassessment, an expense of collection, and reasonable
attorney's fees incurred by the district:
(1) are a first and prior
lien against the property assessed;
(2) are superior to any
other lien or claim other than a lien or claim for district, county, school
district, or municipal ad valorem taxes; and
(3) are the personal
liability of and a charge against the owners of the property even if the
owners are not named in the assessment proceedings.
(c) The lien is effective
from the date of the governing body's resolution imposing the assessment
until the date the assessment is paid. The governing body may enforce the
lien in the same manner that the governing body may enforce an ad valorem
tax lien against real property.
(d) The governing body
may make a correction to or deletion from the assessment roll that does not
increase the amount of assessment of any parcel of land without providing
notice and holding a hearing in the manner required for additional
assessments.
Sec. 23. DEFINED AREA:
ELECTIONS REGARDING TAXES AND BONDS. (a) For the benefit of the defined
area, 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 25.
(b) The district must
hold an election in the defined area to obtain approval of the qualified
voters of the defined area before the district may impose an ad valorem tax
or issue bonds payable from ad valorem taxes in the defined area.
(c) An election under
this section does not require that an election be held in the part of the
district located outside the defined area.
(d) Section 375.243, Local Government Code, does not apply to the
district.
(e) All or any part of
any facilities or improvements that may be acquired by a district by the
issuance of its bonds may be submitted as a single proposition or as
several propositions to be voted on at the election.
Sec. 24. DEFINED AREA:
OPERATION AND MAINTENANCE TAX.
Sec. 25. DEFINED AREA:
CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the
district may impose a tax other than an operation and maintenance tax and
use the revenue derived from the tax to make payments under a contract
after the provisions of the contract have been approved by a majority of
the voters in the defined area voting at an election held for that purpose.
(b) A contract approved by
the voters in the defined area may contain a provision stating that the
contract may be modified or amended by the governing body without further
voter approval.
Sec. 26. DEFINED AREA:
AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a)
For the benefit of the defined area, the district may borrow money on terms
determined by the governing body of the district. Section 375.205, Local Government Code, does not apply to a loan,
line of credit, or other borrowing from a bank or financial institution
secured by revenue other than ad valorem taxes.
(b) The district may
issue bonds, notes, or other obligations payable wholly or partly from ad
valorem taxes, assessments, impact
fees, revenue, contract payments,
grants, or other district money, or any combination of those sources of
money from the defined area, 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.
Sec. 27. DEFINED AREA:
TAXES FOR BONDS.
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SECTION 1. Chapter 312, Acts
of the 57th Legislature, Regular Session, 1961, is amended by adding
Sections 9 through 22 to read as follows:
Sec. 9. DEFINED AREA:
CREATION OF DEFINED AREA; DESIGNATION.
Sec. 10. DEFINED AREA:
INITIAL TERRITORY.
Sec. 11. DEFINED AREA:
EXCLUSION OF LAND.
No
equivalent provision.
Subject to the City of Stafford providing written consent by
ordinance or resolution, the district may exclude land from the
defined area in the same manner as the district may exclude land from the
district.
Sec. 12. DEFINED AREA:
PROCEDURE FOR ELECTION.
Sec. 13. DEFINED AREA:
TAXES FOR SERVICES, IMPROVEMENTS, AND FACILITIES.
Sec. 14. DEFINED AREA:
ISSUANCE OF BONDS.
Sec. 15. DEFINED AREA:
POWERS AND DUTIES. (a) For the benefit of the defined area, the district
has the powers and duties provided by the general law of this state necessary to accomplish the purposes of:
(1) Section 59, Article
XVI, Texas Constitution;
(2) Section 52, Article
III, Texas Constitution, applicable to the construction, acquisition,
improvement, operation, or maintenance of macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those roads;
and
(3) except as provided by
this chapter, Chapters 49 and 51, Water Code, applicable to water control
and improvement districts created under Section 59, Article XVI, Texas
Constitution.
(b) Except as provided by
Subsection (c), the governing body of the district shall administer the
defined area as provided by Chapter 51, Water Code.
(c) Sections 51.518,
51.519, 51.520, 51.521, 51.522, 51.523, 51.524, 51.526, 51.527, 51.528, and
51.529, Water Code, do not apply to the district.
Sec. 16. DEFINED AREA:
AUTHORITY FOR ROAD PROJECTS.
Sec. 17. DEFINED AREA:
ROAD STANDARDS AND REQUIREMENTS.
Sec. 18. DEFINED AREA:
IMPROVEMENT PROJECTS AND SERVICES. For the benefit of the defined area,
the district may provide, design, construct, acquire, improve, relocate,
operate, maintain, or finance an improvement project or service using any
money available to the district, or contract with a governmental or private
entity to provide, design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement project or service authorized under
this chapter.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
Sec. 19. DEFINED AREA:
ELECTIONS REGARDING TAXES AND BONDS. (a) For the benefit of the defined
area, the district may issue, without an election, bonds, notes, and other
obligations secured by
revenue other than ad
valorem taxes.
(b) The district must
hold an election in the defined area to obtain approval of the qualified
voters of the defined area before the district may impose an ad valorem tax
or issue bonds payable from ad valorem taxes in the defined area.
(c) An election under
this section does not require that an election be held in the part of the
district located outside the defined area.
(d) All or any part of
any facilities or improvements that may be acquired by a district by the
issuance of its bonds may be submitted as a single proposition or as
several propositions to be voted on at the election.
Sec. 20. DEFINED AREA:
OPERATION AND MAINTENANCE TAX.
No
equivalent provision.
Sec. 21. DEFINED AREA:
AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a)
For the benefit of the defined area, the district may borrow money on terms
determined by the governing body of the district.
(b) The district may
issue bonds, notes, or other obligations payable wholly or partly from ad
valorem taxes, impact fees, revenue, grants, or other district money, or
any combination of those sources of money from the defined area, 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.
(d) The district must obtain approval from the Texas Commission on
Environmental Quality as provided by Chapter 49, Water Code, before the
district issues bonds to provide water, sewer, or drainage facilities for
the benefit of the defined area.
Sec. 22. DEFINED AREA:
TAXES FOR BONDS.
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