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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 Cameron County Flood Control |
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District; granting a limited power of eminent domain; providing |
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authority to impose assessments, fees, and taxes and to issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7816 to read as follows: |
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CHAPTER 7816. CAMERON COUNTY FLOOD CONTROL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7816.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Cameron County Flood Control |
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District. |
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Sec. 7816.0102. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district established under Section |
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59, Article XVI, Texas Constitution. |
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Sec. 7816.0103. 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) The land and other property included in the district |
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will benefit from the works and projects accomplished by the |
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district and by the powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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(c) The creation and operation of the district is essential |
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to accomplish the purpose of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 7816.0104. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Cameron County. |
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Sec. 7816.0105. ANNEXATION OF LAND. Before the annexation |
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of land inside the corporate limits of a municipality, the district |
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must obtain the approval of the municipality. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7816.0201. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board consisting of five elected |
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directors. One director is elected from each commissioners court |
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precinct and one director is elected at large. |
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(b) Directors serve two-year terms. |
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Sec. 7816.0202. ELIGIBILITY FOR OFFICE. A director must |
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own land in the district subject to taxation at the time the |
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director qualifies for office. |
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Sec. 7816.0203. DIRECTOR'S BOND. (a) A director shall |
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execute a bond in the amount of $5,000 for the faithful performance |
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of the director's duties. |
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(b) The bond must be filed in the office of the county clerk |
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of Cameron County. |
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Sec. 7816.0204. BOARD VACANCY. (a) If a director dies, |
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resigns, or ceases to possess the qualifications required for |
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office, the board shall declare the person's office vacant. |
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(b) The board shall appoint a successor to fill the |
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unexpired term. |
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Sec. 7816.0205. BOARD PRESIDENT; ABSENCE OF BOARD |
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PRESIDENT. (a) The board may authorize the board's president to |
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sign all orders or take other action. |
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(b) Any order adopted or action taken at a board meeting at |
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which the board's president is absent may be signed by the board's |
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vice president, or the board may authorize the president to sign the |
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order or action at a later time. |
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Sec. 7816.0206. SECRETARY'S DUTIES. The board secretary |
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shall keep accurate minutes and shall certify any action taken by |
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the board. |
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Sec. 7816.0207. TREASURER. (a) The board may appoint a |
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district treasurer. |
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(b) The district treasurer shall execute a bond in an amount |
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determined by the board payable to the district and conditioned on |
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the faithful performance of the treasurer's duties. |
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Sec. 7816.0208. COMPENSATION OF DIRECTORS. (a) A director |
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is entitled to receive $25 for each day spent performing district |
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work, not to exceed $200 per month. |
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(b) In all areas of conflict with Subsection (a) of this |
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section, Section 49.060, Water Code, takes precedence. |
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(c) A director's compensation may be increased as |
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authorized by Section 49.060, Water Code, by resolution adopted by |
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the board in accordance with Subsection (e) of that section. |
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Sec. 7816.0209. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. |
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An official action of the board is not valid without the affirmative |
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vote of a majority of the directors. |
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Sec. 7816.0210. DESIGNATION OF DIRECTOR TO ACT ON |
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DISTRICT'S BEHALF. The board may designate one or more directors to |
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execute on behalf of the district all contracts, including a |
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construction contract, sign checks, or handle any other matter |
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entered into by the board as shown in the district's official |
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minutes. |
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Sec. 7816.0211. DISTRICT OFFICE. (a) The board shall |
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establish and maintain a district office inside the district. |
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(b) The board may establish a second district office outside |
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the district. |
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(c) A district office may be a private residence or office |
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and that residence or office is a public place for matters relating |
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to the district's business. |
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Sec. 7816.0212. RECORDS. The board shall keep the |
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district's records open to public inspection at reasonable times at |
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the district's principal office. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7816.0301. GENERAL POWERS AND DUTIES. (a) The |
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district may exercise the rights, powers, privileges, and functions |
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provided by Section 59, Article XVI, Texas Constitution, Chapters |
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49 and 57, Water Code, and this chapter. |
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(b) The district may construct and maintain levees and other |
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improvements on, along, and contiguous to rivers, creeks, streams, |
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and drainage courses for the purposes of: |
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(1) reclaiming land from overflow from that water; |
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(2) controlling and distributing the water of rivers |
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and streams by straightening and improving the rivers and streams; |
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(3) draining and improving the land; and |
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(4) preventing the pollution of the water. |
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Sec. 7816.0302. EMINENT DOMAIN. (a) The district may |
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exercise the power of eminent domain in Cameron County to acquire |
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the fee simple title to or an easement or right-of-way to, over, or |
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through any land, water, or land under water inside or outside the |
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district that has a direct effect on the accomplishment of the |
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purposes for which the district is created and is necessary for |
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constructing and maintaining all levees and other improvements for |
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the improvement of rivers, creeks, streams, or drainage courses in |
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the district or bordering the district and to prevent overflows. |
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(b) The district may not exercise the power of eminent |
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domain under Subsection (a) to acquire land or other property that |
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is used for cemetery purposes. |
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(c) The district must exercise the power of eminent domain |
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in the manner provided by Chapter 21, Property Code. |
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(d) The district may not exercise the power of eminent |
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domain within the corporate limits of a municipality without the |
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prior approval by resolution of the governing body of the |
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municipality. |
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Sec. 7816.0303. COST OF RELOCATING OR ALTERING PROPERTY. |
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(a) In this section, "sole expense" means the actual cost of |
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relocating, raising, lowering, rerouting, changing the grade of, or |
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altering the construction of a facility described by Subsection (b) |
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to provide comparable replacement without enhancement of the |
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facility, after deducting the net salvage value of the old |
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facility. |
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(b) If the district's exercise of its power of eminent |
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domain makes necessary relocating, raising, lowering, rerouting, |
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changing the grade of, or altering the construction of a highway, |
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railroad, electric transmission or distribution line, telephone or |
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telegraph property or facility, or pipeline, the necessary action |
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shall be accomplished at the sole expense of the district unless the |
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owner of the relocated or altered facility has a legal obligation to |
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pay those expenses. |
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Sec. 7816.0304. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; |
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ELECTION NOT REQUIRED. (a) The district may enter into a contract |
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with a person for the maintenance or construction of any facility or |
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improvement authorized by this chapter. |
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(b) The district may enter into a contract under Subsection |
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(a) without: |
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(1) voting for the issuance of bonds; or |
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(2) holding an election to approve the contract. |
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Sec. 7816.0305. PROHIBITED FUNCTIONS. The district may |
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not: |
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(1) engage in any park, water service, wastewater |
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service, police, or firefighting function; or |
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(2) spend any district money or issue bonds for any |
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function described by Subdivision (1). |
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Sec. 7816.0306. STANDARDS FOR ROAD, STREET, OR UTILITY |
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CONSTRUCTION. Any road, street, or utility construction by the |
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district within the corporate limits of a municipality must comply |
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with the standards for construction adopted by the municipality. |
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Sec. 7816.0307. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR |
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PROJECT. In addition to any other requirements in this chapter, a |
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reclamation plan adopted by the district, an amendment to a |
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reclamation plan, or a project of the district that is not included |
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in a reclamation plan must be approved by any appropriate |
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municipalities before the plan, amendment, or project takes effect. |
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SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE |
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Sec. 7816.0401. DESIGNATION OF REINVESTMENT ZONE. (a) The |
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district by resolution may designate as a reinvestment zone an area |
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or real or personal property in the taxing jurisdiction of the |
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district that the board finds satisfies the requirements of Section |
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7816.0402. The board must find that the proposed |
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commercial-industrial or residential project or projects meet the |
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criteria prescribed by Section 7816.0402. |
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(b) The resolution must describe the boundaries of the zone |
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and the eligibility of the zone for commercial-industrial or |
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residential tax abatement. |
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(c) The area of a reinvestment zone designated for |
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commercial-industrial or residential tax abatement may be included |
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in an overlapping or coincidental commercial-industrial or |
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residential zone established under Chapter 312, Tax Code. |
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(d) The district may not adopt a resolution designating an |
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area as a reinvestment zone until the district has held a public |
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hearing on the designation and has found that the improvements |
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sought are feasible and practical and would be a benefit to the land |
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to be included in the zone and to the district after the expiration |
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of an agreement entered into under Section 7816.0404 or 7816.0405. |
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At the hearing, interested persons are entitled to speak and |
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present evidence for or against the designation. Not later than the |
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seventh day before the date of the hearing, notice of the hearing |
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must be: |
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(1) published in a newspaper having general |
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circulation in the district; and |
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(2) delivered in writing to the presiding officer of |
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the governing body of each taxing unit that includes in its |
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boundaries real property that is to be included in the proposed |
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reinvestment zone. |
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(e) A notice made under Subsection (d)(2) is presumed |
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delivered when placed in the mail postage paid and properly |
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addressed to the appropriate presiding officer. A notice properly |
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addressed and sent by registered or certified mail for which a |
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return receipt is received by the sender is considered to have been |
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delivered to the addressee. |
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Sec. 7816.0402. CRITERIA FOR REINVESTMENT ZONE. To be |
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designated as a reinvestment zone under this subchapter, an area |
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must be reasonably likely as a result of the designation to |
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contribute to the retention or expansion of primary employment or |
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to attract major investment in the zone that would be a benefit to |
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the property and that would contribute to the economic development |
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of the district. |
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Sec. 7816.0403. EXPIRATION OF REINVESTMENT ZONE. The |
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designation of a reinvestment zone for commercial-industrial or |
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residential tax abatement expires five years after the date of the |
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designation and may be renewed for periods not to exceed five years. |
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The expiration of the designation does not affect an existing tax |
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abatement agreement governed by this subchapter. |
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Sec. 7816.0404. TAX ABATEMENT AGREEMENT. (a) The district |
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may enter into a tax abatement agreement by agreeing, in writing, |
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with the owner of taxable real property that is located in a |
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reinvestment zone to exempt from taxation a portion of the value of |
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the real property or of tangible personal property located on the |
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real property, or both, for a period not to exceed 30 years, on the |
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condition that the owner of the property make specific improvements |
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or repairs to the property. |
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(b) The real property covered by the agreement may not be |
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located in an improvement project financed by tax increment bonds. |
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(c) The agreement is subject to the rights of holders of |
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outstanding bonds of the district. |
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(d) The agreement may: |
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(1) provide for the exemption of the real property in |
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each year covered by the agreement only to the extent its value for |
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that year exceeds its value for the year in which the agreement is |
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executed; |
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(2) provide for the exemption of tangible personal |
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property located on the real property in each year covered by the |
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agreement other than tangible personal property that was located on |
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the real property at any time before the period covered by the |
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agreement with the district; and |
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(3) cover more than one commercial-industrial or |
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residential project. |
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Sec. 7816.0405. TAX ABATEMENT AGREEMENT: CERTIFICATED AIR |
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CARRIER. (a) The district may enter into a tax abatement |
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agreement by agreeing, in writing, with the owner or lessee of real |
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property that is located in a reinvestment zone to exempt from |
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taxation for a period not to exceed 30 years a portion of the value |
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of the real property or of personal property, or both, located in |
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the zone and owned or leased by a certificated air carrier on the |
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condition that the certificated air carrier: |
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(1) make specific real property improvements; or |
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(2) lease, for a term of 30 years or more, real |
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property improvements located in the reinvestment zone. |
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(b) The agreement may provide for the exemption of the: |
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(1) real property in each year covered by the |
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agreement to the extent its value for that year exceeds its value |
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for the year in which the agreement is executed; and |
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(2) personal property owned or leased by a |
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certificated air carrier located in the reinvestment zone in each |
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year covered by the agreement other than specific personal property |
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that was located in the reinvestment zone at any time before the |
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period covered by the agreement with the district. |
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Sec. 7816.0406. TAX ABATEMENT AGREEMENT REQUIREMENTS. (a) |
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This section applies to an agreement made under Section 7816.0404 |
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or 7816.0405. |
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(b) The agreement must: |
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(1) list the kind, number, and location of all |
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proposed improvements of the property; and |
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(2) provide for: |
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(A) the availability of tax abatement for both |
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new facilities and structures and for the expansion or |
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modernization of existing facilities and structures; and |
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(B) recapturing property tax revenue lost as a |
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result of the agreement if the owner of the property fails to make |
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the improvements or repairs as provided by the agreement. |
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(c) A tax abatement agreement is not required to contain |
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terms identical to another tax abatement agreement that covers the |
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same exempted property or a portion of that property. |
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(d) Property that is in a reinvestment zone and that is |
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owned or leased by a director is excluded from property tax |
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abatement. |
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(e) The agreement may include, at the option of the |
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district, provisions for maps showing existing uses and conditions |
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and proposed improvements and uses of real property in the |
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reinvestment zone. |
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(f) On approval by the district, the agreement may be |
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executed in the same manner as other contracts made by the district. |
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(g) The agreement applies only to taxes levied by the |
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district and does not affect other taxing units that levy taxes on |
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property in the district. |
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Sec. 7816.0407. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER |
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TAXING UNITS. (a) Not later than the seventh day before the date on |
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which the district enters into an agreement under Section 7816.0404 |
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or 7816.0405, the board or a designated officer or employee of the |
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district shall deliver a written notice that the district intends |
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to enter into the agreement to the Texas Commission on |
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Environmental Quality and to the presiding officer of the governing |
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body of each other taxing unit in which the property to be subject |
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to the agreement is located. The notice must include a copy of the |
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proposed agreement. |
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(b) A notice is presumed delivered when placed in the mail |
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postage paid and properly addressed to the appropriate presiding |
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officer. A notice properly addressed and sent by registered or |
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certified mail for which a return receipt is received by the sender |
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is considered to have been delivered to the addressee. |
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(c) Failure to deliver the notice does not affect the |
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validity of the agreement. |
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Sec. 7816.0408. MODIFICATION OR TERMINATION OF TAX |
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ABATEMENT AGREEMENT. (a) At any time before the expiration of an |
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agreement governed by this subchapter, the agreement may be |
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modified by the parties to the agreement to include other |
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provisions that could have been included in the original agreement |
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or to delete provisions that were not necessary to the original |
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agreement. The modification must be made by the same procedure by |
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which the original agreement was approved and executed. The |
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original agreement may not be modified to extend beyond 30 years |
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from the date of the original agreement. |
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(b) An agreement governed by this subchapter may be |
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terminated by the mutual consent of the parties in the same manner |
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that the agreement was approved and executed. |
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Sec. 7816.0409. REGISTRY OF REINVESTMENT ZONES AND TAX |
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ABATEMENT AGREEMENTS; ASSISTANCE TO DISTRICT. (a) The Texas |
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Economic Development and Tourism Office shall maintain a central |
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registry of reinvestment zones governed by this subchapter and of |
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ad valorem tax abatement agreements executed under this subchapter. |
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Before April 1 of the year following the year in which the zone is |
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designated or the agreement is executed, the district shall deliver |
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to the office, the comptroller, and the Texas Commission on |
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Environmental Quality a report that provides: |
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(1) for a reinvestment zone, a general description of |
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the zone, including its size, the types of property located in it, |
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and its duration; and |
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(2) for a tax abatement agreement, the parties to the |
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agreement, a general description of the property and the |
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improvements or repairs to be made under the agreement, the portion |
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of the property to be exempted, and the duration of the agreement. |
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(b) On the request of the board or the board's president, |
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the office may provide assistance to the district relating to the |
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administration of this subchapter, including the designation of |
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reinvestment zones and the adoption of tax abatement agreements. |
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Sec. 7816.0410. PROPERTIES THAT MAY BE INCLUDED IN TAX |
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ABATEMENT AGREEMENT. (a) The district may include in a tax |
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abatement agreement: |
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(1) facilities and structures; and |
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(2) tangible personal property located on property |
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covered by the agreement. |
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(b) A tax abatement agreement made under this section may be |
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based on the value of the property on January 1 of the year in which |
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the construction, expansion, or modernization of the property |
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began. |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 7816.0501. DEPOSITORY. (a) The board shall designate |
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one or more banks to serve as the depository for district money. |
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(b) District money shall be deposited as received in a |
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depository bank, other than money transmitted to a bank for payment |
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of bonds issued by the district. |
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(c) If district money is deposited in a depository that is |
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not insured by the Federal Deposit Insurance Corporation, the money |
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must be secured in the manner provided by law for the security of |
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county funds. |
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Sec. 7816.0502. AUTHORITY TO ISSUE BONDS AND INCUR |
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INDEBTEDNESS. The district may issue bonds and incur other |
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indebtedness in the manner provided by Subchapter E, Chapter 7803. |
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Sec. 7816.0503. BOND ANTICIPATION NOTES. (a) In addition |
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to all other methods of acquiring money for district purposes, the |
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district may issue bond anticipation notes for any purpose for |
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which district bonds have been voted or may be issued to refund |
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outstanding bond anticipation notes and the interest on the notes |
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being refunded. |
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(b) The notes may bear interest at any rate not to exceed the |
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maximum interest rate applicable to the district's authorized |
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bonds. |
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(c) The district shall pay the notes only from the proceeds |
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of the sale of bonds by the district. |
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Sec. 7816.0504. AUTHORIZED MAINTENANCE TAXES. The district |
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may impose a maintenance tax that has been authorized at an election |
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held in the district. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
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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, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. (a) Sections 7816.0302 and 7816.0303, Special |
|
District Local Laws Code, as added by Section 1 of this Act, take |
|
effect only if this Act receives a two-thirds vote of all the |
|
members elected to each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7816, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 7816.0302 to read as follows: |
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Sec. 7816.0302. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
|
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. |