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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 Orchard Management District No. 1; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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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 3792 to read as follows: |
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CHAPTER 3792. ORCHARD MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3792.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "County" means Fort Bend County. |
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(4) "Director" means a board member. |
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(5) "District" means the Orchard Management District |
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No. 1. |
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Sec. 3792.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY. |
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(a) The district is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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(b) The district is a governmental unit, as provided by |
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Section 375.004, Local Government Code. |
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(c) This chapter does not waive any governmental or |
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sovereign immunity from suit, liability, or judgment that would |
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otherwise apply to the district. |
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Sec. 3792.0103. 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. |
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(b) By creating the district, the legislature has |
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established a program to accomplish the public purposes set out in |
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Sections 52 and 52-a, Article III, Texas Constitution. |
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(c) 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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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the county or a municipality from providing |
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the 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 county or municipal |
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services provided in the district. |
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Sec. 3792.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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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; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways, road facilities, |
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transit facilities, parking facilities, rail facilities, |
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recreational facilities, and public art objects and by landscaping |
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and developing certain areas in the district, which are necessary |
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for the restoration, preservation, and enhancement of scenic |
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beauty; and |
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(4) provide for water, wastewater, and drainage |
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facilities for the district. |
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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. 3792.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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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. 3792.0106. 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; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3792.0107. 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. 3792.0108. 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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Sec. 3792.0109. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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375, Local Government Code, or Chapter 49, Water Code, that is in |
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conflict or inconsistent with this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3792.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors elected or appointed as |
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provided by this chapter and Subchapter D, Chapter 49, Water Code. |
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(b) Except as provided by Section 3792.0203, directors |
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serve staggered four-year terms. |
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Sec. 3792.0202. 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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Sec. 3792.0203. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district according to the most recent certified tax appraisal roll |
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for the county may submit a petition to the commission requesting |
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that the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) The temporary directors shall hold an election to elect |
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five permanent directors as provided by Section 49.102, Water Code. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Subsection (b); or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(d) If permanent directors have not been elected under |
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Subsection (b) and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (e) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Subsection (b); or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(e) If Subsection (d) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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according to the most recent certified tax appraisal roll for the |
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county may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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Sec. 3792.0204. DISQUALIFICATION OF DIRECTORS. Section |
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49.052, Water Code, applies to the members of the board. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3792.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3792.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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The district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3792.0303. RECREATIONAL FACILITIES. The district may |
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develop or finance recreational facilities as authorized by Chapter |
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375, Local Government Code, Sections 52 and 52-a, Article III, |
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Texas Constitution, Section 59, Article XVI, Texas Constitution, |
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and any other law that applies to the district. |
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Sec. 3792.0304. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may own, operate, |
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maintain, design, acquire, construct, finance, issue bonds, notes, |
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or other obligations for, improve, and convey to this state, a |
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county, or a municipality for ownership, operation, and maintenance |
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macadamized, graveled, or paved roads or improvements, including |
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storm drainage, in aid of those roads. |
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Sec. 3792.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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(a) The district may convey a road project authorized by Section |
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3792.0304 to: |
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(1) a municipality or county that will operate and |
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maintain the road if the municipality or county has approved the |
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plans and specifications of the road project; or |
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(2) the state if the state will operate and maintain |
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the road and the Texas Transportation Commission has approved the |
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plans and specifications of the road project. |
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(b) Except as provided by Subsection (c), the district shall |
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operate and maintain a road project authorized by Section 3792.0304 |
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that the district implements and does not convey to a municipality, |
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a county, or this state under Subsection (a). |
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(c) The district may agree in writing with a municipality, a |
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county, or this state to assign operation and maintenance duties to |
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the district, the municipality, the county, or this state in a |
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manner other than the manner described in Subsections (a) and (b). |
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Sec. 3792.0306. RAIL FACILITIES. In addition to the powers |
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granted under Section 375.0921(b), Local Government Code, the |
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district may construct, acquire, improve, maintain, finance, and |
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operate rail facilities and improvements in aid of those facilities |
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for the transport of freight and other cargo. |
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Sec. 3792.0307. 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. 3792.0308. LAW ENFORCEMENT SERVICES. Section 49.216, |
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Water Code, applies to the district. |
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Sec. 3792.0309. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The 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. 3792.0310. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, 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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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3792.0311. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with a municipality under Section 43.0751, |
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Local Government Code. |
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Sec. 3792.0312. REGIONAL PARTICIPATION AGREEMENT. The |
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district may negotiate and enter into a written regional |
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participation agreement with a municipality under Section 43.0754, |
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Local Government Code. |
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Sec. 3792.0313. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including 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 related appurtenances. |
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(b) 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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(c) The district's parking facilities 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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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3792.0314. ADDING OR EXCLUDING LAND. (a) The district |
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may add land as provided by Subchapter J, Chapter 49, Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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(c) The district may include and exclude land as provided by |
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Sections 54.739-54.747, Water Code. A reference in those sections |
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to a "tax" means an ad valorem tax for the purposes of this |
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subsection. |
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(d) If the district adopts a sales and use tax authorized at |
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an election held under Section 3792.0602 and subsequently includes |
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new territory in the district under this section, the district: |
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(1) is not required to hold another election to |
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approve the imposition of the sales and use tax in the included |
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territory; and |
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(2) shall impose the sales and use tax in the included |
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territory as provided by Chapter 321, Tax Code. |
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(e) If the district adopts a sales and use tax authorized at |
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an election held under Section 3792.0602 and subsequently excludes |
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territory in the district under this section, the sales and use tax |
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is inapplicable to the excluded territory, as provided by Chapter |
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321, Tax Code, but is applicable to the territory remaining in the |
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district. |
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Sec. 3792.0315. 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 district money. |
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Sec. 3792.0316. AUDIT EXEMPTION. (a) The district may |
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elect to complete an annual financial report in lieu of an annual |
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audit under Section 375.096(a)(6), Local Government Code, if: |
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(1) the district had no bonds or other long-term (more |
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than one year) liabilities outstanding during the fiscal period; |
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(2) the district did not have gross receipts from |
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operations, loans, taxes, assessments, or contributions in excess |
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of $250,000 during the fiscal period; and |
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(3) the district's cash and temporary investments were |
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not in excess of $250,000 during the fiscal period. |
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(b) Each annual financial report prepared in accordance |
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with this section must be open to public inspection and accompanied |
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by an affidavit signed by a duly authorized representative of the |
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district attesting to the accuracy and authenticity of the |
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financial report. |
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(c) The annual financial report and affidavit shall be |
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substantially similar in form to the annual financial report and |
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affidavit forms prescribed by the executive director of the |
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commission under Section 49.198, Water Code. |
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Sec. 3792.0317. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3792.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND 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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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3792.0402. 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. 3792.0403. 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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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3792.0501. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3792.0502. 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 under Section 3792.0501, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, 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; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
|
tax rate. The rate may not exceed the rate approved at the |
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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. 3792.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district, by competitive bid or negotiated sale, 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, to pay for any authorized district purpose. |
|
(c) The limitation on the outstanding principal amount of |
|
bonds, notes, or other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
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Sec. 3792.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
PAYMENTS. The district may issue, without an election, bonds |
|
secured by: |
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(1) revenue other than ad valorem taxes, including |
|
contract revenues; or |
|
(2) contract payments, provided that the requirements |
|
of Section 49.108, Water Code, have been met. |
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Sec. 3792.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
ELECTIONS. (a) If authorized at an election under Section |
|
3792.0501, the district may issue bonds payable from ad valorem |
|
taxes. |
|
(b) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(c) At the time the district issues bonds payable wholly or |
|
partly from ad valorem taxes, the board shall provide for the annual |
|
imposition of a continuing direct annual ad valorem tax, without |
|
limit as to rate or amount, for each year that all or part of the |
|
bonds are outstanding as required and in the manner provided by |
|
Sections 54.601 and 54.602, Water Code. |
|
(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. 3792.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
|
board may not hold an election under Section 3792.0501, issue |
|
bonds, or incur any debt until each municipality in whose corporate |
|
limits or extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
(b) This section applies only to the district's first |
|
issuance of bonds payable from ad valorem taxes. |
|
SUBCHAPTER F. SALES AND USE TAX |
|
Sec. 3792.0601. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
|
computation, administration, enforcement, and collection of the |
|
sales and use tax authorized by this subchapter except to the extent |
|
Chapter 321, Tax Code, is inconsistent with this chapter. |
|
(b) A reference in Chapter 321, Tax Code, to a municipality |
|
or the governing body of a municipality is a reference to the |
|
district or the board, respectively. |
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Sec. 3792.0602. ELECTION; ADOPTION OF TAX. (a) The |
|
district may adopt a sales and use tax if authorized by a majority |
|
of the voters of the district voting at an election held for that |
|
purpose. |
|
(b) The board by order may call an election to authorize the |
|
adoption of the sales and use tax. The election may be held on any |
|
uniform election date and in conjunction with any other district |
|
election. |
|
(c) The ballot shall be printed to provide for voting for or |
|
against the proposition: "Authorization of a sales and use tax in |
|
the Orchard Management District No. 1 at a rate not to exceed ____ |
|
percent" (insert rate of one or more increments of one-eighth of one |
|
percent). |
|
Sec. 3792.0603. SALES AND USE TAX RATE. (a) On or after the |
|
date the results are declared of an election held under Section |
|
3792.0602, at which the voters approved imposition of the tax |
|
authorized by this subchapter, the board shall determine and adopt |
|
by resolution or order the initial rate of the tax, which must be in |
|
one or more increments of one-eighth of one percent. |
|
(b) After the election held under Section 3792.0602, the |
|
board may increase or decrease the rate of the tax by one or more |
|
increments of one-eighth of one percent. |
|
(c) The initial rate of the tax or any rate resulting from |
|
subsequent increases or decreases may not exceed the lesser of: |
|
(1) the maximum rate authorized by the district voters |
|
at the election held under Section 3792.0602; or |
|
(2) a rate that, when added to the rates of all sales |
|
and use taxes imposed by other political subdivisions with |
|
territory in the district, would result in the maximum combined |
|
rate prescribed by Section 321.101(f), Tax Code, at any location in |
|
the district. |
|
Sec. 3792.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This |
|
section applies to the district after a municipality annexes part |
|
of the territory in the district and imposes the municipality's |
|
sales and use tax in the annexed territory. |
|
(b) If at the time of annexation the district has |
|
outstanding debt or other obligations payable wholly or partly from |
|
district sales and use tax revenue, Section 321.102(g), Tax Code, |
|
applies to the district. |
|
(c) If at the time of annexation the district does not have |
|
outstanding debt or other obligations payable wholly or partly from |
|
district sales and use tax revenue, the district may: |
|
(1) exclude the annexed territory from the district, |
|
if the district has no outstanding debt or other obligations |
|
payable from any source; or |
|
(2) reduce the sales and use tax in the annexed |
|
territory by resolution or order of the board to a rate that, when |
|
added to the sales and use tax rate imposed by the municipality in |
|
the annexed territory, is equal to the sales and use tax rate |
|
imposed by the district in the district territory that was not |
|
annexed by the municipality. |
|
Sec. 3792.0605. NOTIFICATION OF RATE CHANGE. The board |
|
shall notify the comptroller of any changes made to the tax rate |
|
under this subchapter in the same manner the municipal secretary |
|
provides notice to the comptroller under Section 321.405(b), Tax |
|
Code. |
|
Sec. 3792.0606. USE OF REVENUE. Revenue from the sales and |
|
use tax imposed under this subchapter is for the use and benefit of |
|
the district and may be used for any district purpose. The district |
|
may pledge all or part of the revenue to the payment of bonds, |
|
notes, or other obligations, and that pledge of revenue may be in |
|
combination with other revenue, including tax revenue, available to |
|
the district. |
|
Sec. 3792.0607. ABOLITION OF TAX. (a) Except as provided |
|
by Subsection (b), the board may abolish the tax imposed under this |
|
subchapter without an election. |
|
(b) The board may not abolish the tax imposed under this |
|
subchapter if the district has outstanding debt secured by the tax, |
|
and repayment of the debt would be impaired by the abolition of the |
|
tax. |
|
(c) If the board abolishes the tax, the board shall notify |
|
the comptroller of that action in the same manner the municipal |
|
secretary provides notice to the comptroller under Section |
|
321.405(b), Tax Code. |
|
(d) If the board abolishes the tax or decreases the tax rate |
|
to zero, a new election to authorize a sales and use tax must be held |
|
under Section 3792.0602 before the district may subsequently impose |
|
the tax. |
|
(e) This section does not apply to a decrease in the sales |
|
and use tax authorized under Section 3792.0604(c)(2). |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 3792.0701. 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 |
|
district shall remain in existence solely for the purpose of |
|
discharging its debts. The dissolution is effective when all debts |
|
have been discharged. |
|
SECTION 2. The Orchard Management District No. 1 initially |
|
includes all the territory contained in the following area: |
|
A Field Note Description of 920 Acres of Land, more or less, |
|
being the Easterly 287.5 Acres of Land, more or less, of the German |
|
Emigration Company Survey No. 6, Abstract 176 and 632.5 Acres of |
|
Land, more or less, being the remainder of the David Scott Heirs |
|
Survey, Abstract 316, Fort Bend County, Texas. |
|
Beginning at a point in the South line of the Gail Borden |
|
League, Abstract 12 marking the Northwest corner of the Peter |
|
McGreal Survey, Abstract 338 and Northeast corner of said German |
|
Emigration Company Survey No. 6, Abstract 176 and the Northeast |
|
corner of and place of beginning for this 920 Acre Tract; |
|
THENCE, South, 3279.63 feet, more or less, along the East |
|
line of said German Emigration Company Survey No. 6, Abstract 176 |
|
and the West line of said Peter McGreal Survey, Abstract 338 to the |
|
Southeast corner of said German Emigration Company Survey No. 6, |
|
Abstract 176 and the Southwest corner of said Peter McGreal Survey, |
|
Abstract 338 to a point marking a re-entrant corner for this tract; |
|
THENCE, East, 1120 feet, more or less, along the North line of |
|
the David Scott Heirs Survey, Abstract 316 and the South line of |
|
said Peter McGreal Survey, Abstract 338 to a point marking the |
|
Northeast corner of said David Scott Heirs Survey, Abstract 316 and |
|
Northwest corner of the German Emigration Company Survey No. 8, |
|
Abstract 177 and marking a Southerly Northeast corner for this |
|
tract; |
|
THENCE, South, 5445 feet, more or less, along the East line of |
|
said David Scott Heirs Survey, Abstract 316 and West line of said |
|
German Emigration Company Survey No. 8, Abstract 177 and Heirs of |
|
L. Burknapp Survey, Abstract 109 to the Southeast corner of said |
|
David Scott Heirs Survey, Abstract 316 for the Southeast corner of |
|
this tract; said corner also marking the Northeast corner of the |
|
Mark Smith Survey, Abstract 314; |
|
THENCE, West, 5060 feet, more or less, along the North line of |
|
the Mark Smith Survey, Abstract 314 and South line of said David |
|
Scott Heirs Survey, Abstract 316 to a point in the East right-of-way |
|
line of State Farm Market Road No. 1489 marking the Southwest |
|
corner for this tract; |
|
THENCE, North, along said East right-of-way line of said |
|
State Farm Market Road No. 1489, at 5445 feet, more or less, pass |
|
the North line of said David Scott Heirs Survey, Abstract 316 and |
|
South line of said German Emigration Company Survey No. 6, Abstract |
|
176, in all 7487.25 feet, more or less, to the point of curve to the |
|
right; |
|
THENCE, Continuing along said Southeast right-of-way line of |
|
State Farm Market Road No. 1489, Northeasterly along a curve to the |
|
right with the following data: Delta=63degrees 19'06', |
|
Radius=1086.28 feet, Length=1200.48 feet and Chord= North |
|
31deg.39'33" East, 1140.3 feet, more or less to point of tangency; |
|
THENCE, North 63deg.19'06" East, 594.11 feet, more or less |
|
along said Southeast right-of-way line of State Farm Market Road |
|
No. 1489 to a point in the South line of said Gail Borden League, |
|
Abstract 12 marking the Northwest corner for this tract; |
|
THENCE, East, 2810.65 feet, more or less, along said South |
|
line of said Gail Borden League, Abstract 12 and North line of said |
|
German Emigration Company Survey No. 6 to the place of beginning |
|
and containing 920 Acres of Land, more or less. |
|
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) 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, 2019. |