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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3942 to
read as follows:
CHAPTER 3942. BOLIVAR
MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3942.001.
DEFINITIONS.
Sec. 3942.002. BOLIVAR
MANAGEMENT DISTRICT.
Sec. 3942.003. PURPOSE;
DECLARATION OF INTENT.
Sec. 3942.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3942.005. DISTRICT
TERRITORY. (a) The district is composed of the territory described by
Section 2 of the Act enacting this chapter as
that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and
field notes of the district contained in Section 2 of the Act enacting this
chapter form a closure. A mistake made in the field notes or in copying
the field notes in the legislative process does not in any way affect the
district's:
(1) organization,
existence, or validity;
(2) authority to issue any type of bond for
a purpose for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or
collect an assessment or tax; or
(4) legality or operation.
Sec. 3942.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3942.007.
APPLICABILITY OF COUNTY DEVELOPMENT
DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 383, Local Government Code,
applies to the district.
Sec. 3942.008. LIBERAL
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3942.051. GOVERNING
BODY; TERMS. (a) Except as provided by Subsection (c), the district is
governed by a board of five directors appointed under Section 3942.052.
(b) Voting directors
serve staggered terms of four years, with two or three directors' terms
expiring June 1 of each odd-numbered year.
(c) The board by
resolution may increase or decrease the number of directors on the board if
the board finds it is in the best interest of the district. The board may
not consist of fewer than 5 or more than 15 directors.
Sec. 3942.052.
APPOINTMENT OF DIRECTORS.
Sec. 3942.053. CONFLICTS
OF INTEREST; ONE-TIME AFFIDAVIT. (a) Except as provided by this section:
(1) a director may
participate in all board votes and decisions; and
(2) Chapter 171, Local
Government Code, governs conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply to
the district. A director who has a substantial interest in a business or
charitable entity that will receive a pecuniary benefit from a board action
shall file a one-time affidavit declaring the interest. An additional
affidavit is not required if the director's interest changes. After the
affidavit is filed with the board secretary, the director may participate
in a discussion or vote on that action if:
(1) a majority of the directors have a similar interest in the
same entity; or
(2) all other similar business or charitable entities in the
district will receive a similar pecuniary benefit.
(c) A director who is
also an officer or employee of a public entity may not participate in the
discussion of or vote on a matter regarding a contract with that public
entity.
(d) For purposes of this section, a director has a substantial
interest in a charitable entity in the same manner that a person would have
a substantial interest in a business entity under Section 171.002, Local
Government Code.
Sec. 3942.054. INITIAL
DIRECTORS. (a) The initial board consists of the following directors:
Pos. No. Name of Director
1 Robert Morgan
2 Justin Thompson
3 Tom Harrison
4 Brad Ballard
5 Ross Harrison
(b) Of the initial
directors, the terms of directors appointed for positions one and two
expire June 1, 2019, and the terms of directors appointed for positions
three through five expire June 1, 2021.
(c) Section 3942.052 does
not apply to this section.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3942.101. ADDITIONAL
POWERS OF DISTRICT. The district may exercise the powers given to:
(1) a corporation under Chapter 505, Local Government Code,
including the power to own, operate, acquire, construct, lease, improve,
and maintain projects described by that chapter;
(2) a housing finance corporation under Chapter 394, Local
Government Code, to provide housing or residential development projects in
the district;
(3) a county under Chapter 383, Local Government Code;
(4) an entity described in Chapters 284 and 441, Transportation
Code; and
(5) a district governed
by Subchapters E and M, Chapter 60, Water Code, and Section 61.116, Water
Code.
Sec. 3942.102. NONPROFIT
CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit
corporation to assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit
corporation:
(1) has each power of and
is considered for purposes of this chapter to be a local government
corporation created under Chapter 431, Transportation Code; and
(2) may implement any
project and provide any service authorized by this chapter.
(c) The board shall
appoint the board of directors of the nonprofit corporation. The board of
directors of the nonprofit corporation shall serve in the same manner as
the board of directors of a local government corporation created under
Chapter 431, Transportation Code.
Sec. 3942.103.
AGREEMENTS; GRANTS.
Sec. 3942.104. LAW
ENFORCEMENT SERVICES.
Sec. 3942.105.
COMPETITIVE BIDDING.
Sec. 3942.106. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS. (a) The district may join and pay dues to an
organization that:
(1) enjoys tax-exempt status under Section 501(c)(3), (4), or
(6), Internal Revenue Code of 1986, as amended; and
(2) performs a service or
provides an activity consistent with the furtherance of a district purpose.
(b) An expenditure of public money for membership in the
organization is considered to further a district purpose and to be for a
public purpose.
Sec. 3942.107. ECONOMIC
DEVELOPMENT PROGRAMS.
SUBCHAPTER D. FINANCIAL
PROVISIONS
Sec. 3942.151.
DISBURSEMENTS OR TRANSFERS OF MONEY.
Sec. 3942.152. TAX AND
BOND ELECTIONS.
Sec. 3942.153.
MAINTENANCE AND OPERATION TAX. (a) If authorized at an election held in
accordance with Section 3942.152, the district may impose an annual ad
valorem tax on taxable property in the district for the:
(1) maintenance and
operation of the district and the improvements constructed or acquired by
the district; or
(2) provision of a
service.
(b) The board shall
determine the tax rate.
Sec. 3942.154.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3942.155. PETITION
REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS.
Sec. 3942.156. UTILITY
PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS.
Sec. 3942.157. BONDS AND
OTHER OBLIGATIONS.
Sec. 3942.158. COUNTY NOT
REQUIRED TO PAY DISTRICT OBLIGATIONS.
Sec. 3942.159. TAX AND
ASSESSMENT ABATEMENTS.
SUBCHAPTER E. DISSOLUTION
Sec. 3942.201. DISSOLUTION
OF DISTRICT WITH OUTSTANDING DEBT. (a) The board may vote to dissolve a
district that has debt. If the vote is in favor of dissolution, the
district shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts have
been discharged.
(b) Section 383.121, Local Government Code, does
not apply to the district.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3796 to
read as follows:
CHAPTER 3796. BOLIVAR
MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3796.001.
DEFINITIONS.
Sec. 3796.002. BOLIVAR
MANAGEMENT DISTRICT.
Sec. 3796.003. PURPOSE;
DECLARATION OF INTENT.
Sec. 3796.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3796.005. DISTRICT
TERRITORY. (a) The district is initially
composed of the territory described by Section 2 of the Act enacting this
chapter.
(b) The boundaries and
field notes of the district contained in Section 2 of the Act enacting this
chapter form a closure. A mistake made in the field notes or in copying
the field notes in the legislative process does not in any way affect the
district's:
(1) organization,
existence, or validity;
(2) right to issue any type of bonds, notes, or other obligations for a
purpose for which the district is created or to pay the principal of and
interest on the bonds, notes, or other
obligations;
(3) right to impose or
collect an assessment or tax; or
(4) legality or
operation.
Sec. 3796.006. ELIGIBILITY
FOR INCLUSION IN SPECIAL ZONES.
Sec. 3796.007.
APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code,
applies to the district.
Sec. 3796.008. LIBERAL
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3796.051. GOVERNING
BODY; TERMS. (a) Except as provided by Subsection (c), the district is
governed by a board of five directors appointed under Section 3796.052.
(b) Voting directors
serve staggered terms of four years, with two or three directors' terms
expiring June 1 of each odd-numbered year.
(c) The board by
resolution may increase or decrease the number of directors on the board if
the board finds it is in the best interest of the district. The board may
not consist of fewer than 5 or more than 15 directors.
Sec. 3796.052.
APPOINTMENT OF DIRECTORS.
Sec. 3796.053. CONFLICTS
OF INTEREST. (a) Except as provided by this section:
(1) a director may
participate in all board votes and decisions; and
(2) Chapter 171, Local
Government Code, governs conflicts of interest for directors.
(b) A director who is
also an officer or employee of a public entity may not participate in the
discussion of or vote on a matter regarding a contract with that public
entity.
Sec. 3796.054. INITIAL
DIRECTORS. (a) The initial board consists of the following directors:
Pos. No. Name of Director
1 Robert Morgan
2 Justin Thompson
3 Tom Harrison
4 Brad Ballard
5 Ross Harrison
(b) Of the initial directors,
the terms of directors appointed for positions one and two expire June 1,
2019, and the terms of directors appointed for positions three through five
expire June 1, 2021.
(c) Section 3796.052 does
not apply to this section.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3796.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which the
district is created.
Sec. 3796.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district may provide, design, construct, acquire, improve, relocate,
operate, maintain, or finance an improvement project or service using 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 under Chapter 375, Local Government Code.
(b) An improvement project described by Subsection (a) may be
located inside or outside the district.
Sec. 3796.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52,
Article III, Texas Constitution, the district may own, operate, maintain,
design, acquire, construct, finance, issue bonds, notes, or other
obligations for, improve, and convey to this state, a county, or a
municipality for ownership, operation, and maintenance macadamized,
graveled, or paved roads or improvements, including storm drainage, in aid
of those roads.
Sec. 3796.104. CONVEYANCE AND APPROVAL OF ROAD PROJECT. (a)
The district may convey a road project authorized by Section 3796.103 to:
(1) a municipality or county that will operate and maintain the
road if the municipality or county has approved the plans and
specifications of the road project; or
(2) the state if the state will operate and maintain the road
and the Texas Transportation Commission has approved the plans and
specifications of the road project.
(b) Except as provided by Subsection (c), the district shall
operate and maintain a road project authorized by Section 3796.103 that the
district implements and does not convey to a municipality, a county, or
this state under Subsection (a).
(c) The district may agree in writing with a municipality, a
county, or this state to assign operation and maintenance duties to the
district, the municipality, the county, or this state in a manner other
than the manner described in Subsections (a) and (b).
Sec. 3796.105. DEVELOPMENT CORPORATION POWERS. The district,
using money available to the district, may exercise the powers given to a
development corporation under Chapter 505, Local Government Code, including
the power to own, operate, acquire, construct, lease, improve, or maintain
a project under that chapter.
Sec. 3796.106. ADDITIONAL
POWERS OF DISTRICT. The district may exercise the powers given to
a district governed by
Subchapters E and M, Chapter 60, Water Code, and Section 61.116, Water
Code.
Sec. 3796.107. NONPROFIT
CORPORATION. (a) The board by resolution may authorize the creation of a
nonprofit corporation to assist and act for the district in implementing a
project or providing a service authorized by this chapter.
(b) The nonprofit
corporation:
(1) has each power of and
is considered for purposes of this chapter to be a local government
corporation created under Chapter 431, Transportation Code; and
(2) may implement any
project and provide any service authorized by this chapter.
(c) The board shall
appoint the board of directors of the nonprofit corporation. The board of
directors of the nonprofit corporation shall serve in the same manner as
the board of directors of a local government corporation created under Subchapter D, Chapter 431,
Transportation Code, except that a board
member is not required to reside in the district.
Sec. 3796.108. AGREEMENTS;
GRANTS.
Sec. 3796.109. LAW
ENFORCEMENT SERVICES.
Sec. 3796.110.
COMPETITIVE BIDDING.
Sec. 3796.111. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a
charitable or nonprofit organization that
performs a service or
provides an activity consistent with the furtherance of a district purpose.
Sec. 3796.112. ECONOMIC
DEVELOPMENT PROGRAMS.
SUBCHAPTER D. FINANCIAL
PROVISIONS
Sec. 3796.151.
DISBURSEMENTS OR TRANSFERS OF MONEY.
Sec. 3796.152. TAX AND
BOND ELECTIONS.
Sec. 3796.153.
MAINTENANCE AND OPERATION TAX. (a) If authorized at an election held in
accordance with Section 3796.152, the district may impose an annual ad
valorem tax on taxable property in the district for the:
(1) maintenance and
operation of the district and the improvements constructed or acquired by
the district; or
(2) provision of a
service.
(b) The board shall
determine the tax rate. The rate may
not exceed the rate approved at the election.
Sec. 3796.154.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3796.155. PETITION
REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS.
Sec. 3796.156. UTILITY
PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS.
Sec. 3796.157. BONDS AND
OTHER OBLIGATIONS.
Sec. 3796.158. COUNTY NOT
REQUIRED TO PAY DISTRICT OBLIGATIONS.
Sec. 3796.159. TAX AND
ASSESSMENT ABATEMENTS.
SUBCHAPTER E. DISSOLUTION
Sec. 3796.201.
DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) The board may vote to
dissolve a district that has debt. If the vote is in favor of dissolution,
the district shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts have
been discharged.
(b) Section 375.264, Local Government Code, does
not apply to the district.
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