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A BILL TO BE ENTITLED
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relating to the creation of the Hutto Municipal Management District |
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No. 1; providing authority to issue bonds; providing authority to |
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impose 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 3990 to read as follows: |
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CHAPTER 3990. HUTTO MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3990.0101. DEFINITIONS. In this chapter: |
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(1) "Approved venue project" means a venue project |
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that has been approved under this chapter by the voters of the |
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district. |
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(2) "Board" means the district's board of directors. |
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(3) "City" means the City of Hutto. |
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(4) "Director" means a board member. |
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(5) "District" means the Hutto Municipal Management |
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District No. 1. |
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(6) "Venue" has the meaning assigned by Section |
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334.001, Local Government Code. |
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(7) "Venue project" means a venue and related |
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infrastructure that is planned, acquired, established, developed, |
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constructed, or renovated under this chapter. |
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Sec. 3990.0102. NATURE OF DISTRICT. The Hutto Municipal |
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Management District No. 1 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3990.0103. 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 and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 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 city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3990.0104. 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 and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, |
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venue, and recreational 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. 3990.0105. 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. 3990.0106. 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; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3990.0107. 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. 3990.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3990.0201. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years with two or three directors' terms expiring June 1 of |
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each even-numbered year. |
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Sec. 3990.0202. QUALIFICATIONS OF DIRECTORS. (a) To be |
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qualified to serve as a director, a person must be: |
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(1) a resident of the city who is also a registered |
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voter of the city; |
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(2) an owner of property in the district; |
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(3) an owner of stock or a partnership or membership |
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interest, whether beneficial or otherwise, of a corporate |
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partnership, limited liability company, or other entity owner of a |
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direct or indirect interest in property in the district; |
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(4) an owner of a beneficial interest in a trust, or a |
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trustee in a trust, that directly or indirectly owns property in the |
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district; or |
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(5) an agent, employee, or tenant of a person |
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described by Subdivision (2), (3), or (4). |
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(b) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 3990.0203. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors from persons recommended |
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by the board. |
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Sec. 3990.0204. VACANCY. (a) If a vacancy occurs on the |
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board, the remaining directors shall appoint a director for the |
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remainder of the unexpired term. |
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(b) A director may resign from the board at any time. |
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Sec. 3990.0205. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. The offices |
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of chair and secretary may not be held by the same person. |
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Sec. 3990.0206. GENERAL MANAGER. The board may employ or |
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contract with a person to perform the duties of a general manager of |
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the district in the manner provided by Section 49.056, Water Code. |
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Sec. 3990.0207. INITIAL DIRECTORS. (a) The initial board |
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consists of persons appointed by the city from persons recommended |
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by the owner or owners of a majority of the land located within the |
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district. |
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(b) Of the initial directors, the terms of directors |
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appointed to positions one and two expire June 1, 2020, and the |
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terms of directors appointed to positions three through five expire |
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June 1, 2022. |
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(c) Section 3990.0203 does not apply to a person appointed |
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under Subsection (a). |
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(d) This section expires September 1, 2022. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3990.0301. 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. 3990.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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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. 3990.0303. VENUE PROJECT. (a) The legislature finds |
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for all constitutional and statutory purposes that a venue project |
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is an improvement project under this chapter and is owned, used, and |
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held for public purposes by the district or city. |
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(b) The district may acquire, sell, lease, convey, or |
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otherwise dispose of property or an interest in property, including |
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an approved venue project, under terms and conditions determined by |
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the district. In a transaction with another public entity that is |
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made as provided by this subsection, the public purpose found by the |
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legislature under Subsection (a) is adequate consideration for the |
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district and the other public entity. |
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(c) The district may contract with a public or private |
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person, including a sports team, club, organization, or other |
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entity to: |
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(1) plan, acquire, establish, develop, construct, or |
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renovate an approved venue project; or |
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(2) perform any other act the district is authorized |
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to perform under this chapter, other than conducting an election |
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under this chapter. |
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(d) The district may contract with or enter into an |
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interlocal agreement with a school district, junior or community |
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college district, or an institution of higher education as defined |
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by Section 61.003, Education Code, for a purpose described by |
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Subsection (c). The contract or interlocal agreement may provide |
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for joint ownership and operation or joint use. |
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(e) Competitive bidding laws do not apply to the planning, |
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acquisition, establishment, development, construction, or |
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renovation of an approved venue project under this chapter. |
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(f) The board must provide for the planning, acquisition, |
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establishment, development, construction, or renovation of a venue |
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project by resolution. |
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(g) The resolution must designate each venue project and |
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each method of financing authorized by this chapter that the |
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district may use to finance each project. |
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(h) A resolution under Subsection (f) may designate more |
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than one method of financing. |
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(i) The district may not undertake the venue project unless |
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the resolution is approved by a majority of the qualified voters of |
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the district voting at an election held for that purpose. |
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(j) A venue project is exempt from taxation under Section |
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11.11, Tax Code, while the district owns the venue project. |
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Sec. 3990.0304. 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. 3990.0305. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district shall undertake to contract with the |
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city to provide law enforcement services in the district for a fee. |
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Sec. 3990.0306. 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. 3990.0307. 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 provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3990.0308. 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. 3990.0309. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3990.0310. 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. 3990.0311. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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Sec. 3990.0312. PAYMENT IN LIEU OF TAXES. The district may |
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enter into an agreement for payments in lieu of taxes with a taxing |
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authority for property located in the district. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3990.0401. 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. 3990.0402. 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. 3990.0501. 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. 3990.0502. 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 3990.0501, 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 |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3990.0503. 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 may issue, by public or private sale, |
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bonds, notes, or other obligations payable wholly or partly from ad |
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valorem taxes, assessments, sales taxes, impact fees, revenue, |
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contract payments, grants, or other district money, or any |
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combination of those sources of money, to pay for any authorized |
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district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, or other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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(d) The district may issue, by public or private sale, |
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bonds, notes, or other obligations payable wholly or partly from |
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assessments in the manner provided by Subchapter A, Chapter 372, |
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Local Government Code, if the improvements financed by an |
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obligation issued under this section will be conveyed to or |
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operated and maintained by a municipality or other retail utility |
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provider pursuant to an agreement with the district entered into |
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before the issuance of the obligation. |
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Sec. 3990.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3990.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3990.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(c) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3990.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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board may not issue bonds until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has consented by ordinance or resolution to the creation of |
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the district and to the inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SUBCHAPTER F. SALES AND USE TAX |
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Sec. 3990.0601. APPLICABILITY OF CERTAIN TAX CODE |
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PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
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computation, administration, enforcement, and collection of the |
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sales and use tax authorized by this subchapter except to the extent |
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Chapter 321, Tax Code, is inconsistent with this chapter. |
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(b) For the purposes of this subchapter, a reference in |
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Chapter 321, Tax Code, to a municipality or the governing body of a |
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municipality is a reference to the district or the board, |
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respectively. |
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Sec. 3990.0602. ELECTION; ADOPTION OF TAX. (a) The |
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district may adopt a sales and use tax if: |
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(1) the city consents to the adoption of the tax; and |
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(2) the tax is authorized by a majority of the voters |
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of the district voting at an election held for that purpose. |
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(b) Subject to city consent under Subsection (a), the board |
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by order may call an election to authorize the adoption of the sales |
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and use tax. The election may be held on any uniform election date |
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and in conjunction with any other district election. |
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(c) The district shall provide notice of the election and |
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shall hold the election in the manner prescribed by Chapter 49, |
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Water Code. |
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(d) The ballot shall be printed to provide for voting for or |
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against the proposition: "Authorization of a sales and use tax in |
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the Hutto Municipal Management District No. 1 at a rate not to |
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exceed ____ percent" (insert rate of one or more increments of |
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one-eighth of one percent). |
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Sec. 3990.0603. SALES AND USE TAX RATE. (a) Not later than |
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the 10th day after the date the results are declared of an election |
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held under Section 3990.0602 at which the voters authorized |
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imposition of a tax, the board shall provide by resolution or order |
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the initial rate of the tax, which must be in one or more increments |
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of one-eighth of one percent. |
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(b) After the authorization of a tax under Section |
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3990.0602, the board may decrease the rate of the tax by one or more |
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increments of one-eighth of one percent. |
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(c) The board may not decrease the rate of the tax if the |
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decrease would impair the repayment of any outstanding debt or |
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obligation payable from the tax. |
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(d) The rate of the tax or any rate resulting from |
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subsequent decreases may not exceed the lesser of: |
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(1) the maximum rate authorized at the election held |
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under Section 3990.0602; or |
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(2) a rate that, when added to the rates of all sales |
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and use taxes imposed by other political subdivisions with |
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territory in the district, would result in the maximum combined |
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rate prescribed by Section 321.101(f), Tax Code, at any location in |
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the district. |
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Sec. 3990.0604. NOTIFICATION OF RATE CHANGE. The board |
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shall notify the comptroller of any changes made to the tax rate |
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under this subchapter in the same manner the municipal secretary |
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provides notice to the comptroller under Section 321.405(b), Tax |
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Code. |
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Sec. 3990.0605. USE OF REVENUE. Revenue from the sales and |
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use tax imposed under this subchapter is for the use and benefit of |
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the district and may be used for any district purpose. The district |
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may pledge all or part of the revenue to the payment of bonds, |
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notes, or other obligations, and that pledge of revenue may be in |
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combination with other revenue, including tax revenue, available to |
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the district. |
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Sec. 3990.0606. ABOLITION OF TAX. (a) The board may |
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abolish the tax imposed under this subchapter without an election. |
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(b) If the board abolishes the tax, the board shall notify |
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the comptroller of that action in the same manner the municipal |
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secretary provides notice to the comptroller under Section |
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321.405(b), Tax Code. |
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(c) If the board abolishes the tax or decreases the tax rate |
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to zero, a new election to authorize a sales and use tax must be held |
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under Section 3990.0602 before the district may subsequently impose |
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the tax. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3990.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
|
any time. |
|
(c) The district may not be dissolved by its board under |
|
Subsection (a) or (b) if the district: |
|
(1) has any outstanding bonded or other indebtedness |
|
until that bonded or other indebtedness has been repaid or defeased |
|
in accordance with the order or resolution authorizing the issuance |
|
of the bonded or other indebtedness; |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been fully paid in accordance with the |
|
contract; or |
|
(3) owns, operates, or maintains public works, |
|
facilities, or improvements unless the district contracts with |
|
another person for the ownership, operation, or maintenance of the |
|
public works, facilities, or improvements. |
|
(d) Sections 375.261, 375.262, and 375.264, Local |
|
Government Code, do not apply to the district. |
|
SECTION 2. The Hutto Municipal Management District No. 1 |
|
initially includes all territory contained in the following area: |
|
MMD District Metes and Bounds |
|
From Start/End Point #1 (X = 3180310.306; Y = 10174718.926) |
|
S 7° 22' 22" W, 894.326 Feet to Point #2 (X = 3180195.541; Y = |
|
10173831.994) |
|
S 8° 22' 47" W, 354.335 Feet to Point #3 (X = 3180143.902; Y = |
|
10173481.442) |
|
S 7° 15' 18" W, 2071.681 Feet to Point #4 (X = 3179882.279; Y = |
|
10171426.347) |
|
N 81° 44' 19" W, 1601.611 Feet to Point #5 (X = 3178297.288; Y |
|
= 10171656.482) |
|
N 82° 50' 20" W, 1526.048 Feet to Point #6 (X = 3176783.144; Y |
|
= 10171846.722) |
|
N 43° 22' 48" W, 70.987 Feet to Point #7 (X = 3176734.388; Y = |
|
10171898.316) |
|
N 8° 38' 31" E, 856.069 Feet to Point #8 (X = 3176863.022; Y = |
|
10173012.405) |
|
N 7° 58' 27" E, 270.353 Feet to Point #9 (X = 3176900.527; Y = |
|
10173831.994) |
|
S 77° 25' 32" W, 1199.841 Feet to Point #10 (X = 3175729.466; Y |
|
= 10172751.188) |
|
N 3° 46' 54" E, 1165.972 Feet to Point #11 (X = 3175806.368; Y |
|
= 10173914.621) |
|
N 24° 5' 20" W, 445.811 Feet to Point #12 (X = 3175624.408; Y = |
|
10174321.608) |
|
N 55° 51' 17" E, 531.521 Feet to Point #13 (X = 3176064.304; Y |
|
= 10174619.947) |
|
N 71° 8' 51" E, 266.837 Feet to Point #14 (X = 3176316.826; Y = |
|
10174706.171) |
|
N 31° 40' 20" E, 532.079 Feet to Point #15 (X = 3176596.198; Y |
|
= 10175159.005) |
|
N 33° 30' 14" E, 27.122 Feet to Point #16 (X = 3176611.169; Y = |
|
10175181.621) |
|
S 81° 46' 48" E, 2169.047 Feet to Point #17 (X = 3178757.928; Y |
|
= 10174871.504) |
|
S 84° 23' 12" E, 1559.854 Feet to Start/End Point #1 (X = |
|
3180310.306; Y = 10174718.926) |
|
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. |