CHAPTER 336. MULTI-JURISDICTIONAL LIBRARY DISTRICTS
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE C. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
PROVISIONS APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 336. MULTI-JURISDICTIONAL LIBRARY DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 336.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of trustees.
(2) "District" means a multi-jurisdictional library district
created under this chapter.
(3) "Executive director" means an executive director employed
under Section 336.103.
(4) "Lead governmental entity" means the county or municipality
that proposes to create a district under this chapter.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.002. NATURE OF DISTRICT. A district created under this
chapter is a special district and a political subdivision of this
state.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.003. MULTI-JURISDICTIONAL PUBLIC LIBRARY. (a) A
district created under this chapter shall establish, equip,
support, operate, and maintain one or more public libraries for
the dissemination of educational programs and general information
relating to the arts, sciences, literature, and other subject
areas of interest to the public.
(b) Each public library created under this chapter must be
accredited by and meet the standards for basic public library
services established by the Texas State Library and Archives
Commission.
(c) A library created under this chapter must be open to all
members of the public under identical conditions.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER B. CREATION OF DISTRICT; ELECTIONS
Sec. 336.021. LEAD GOVERNMENTAL ENTITY; PARTICIPATION BY OTHER
COUNTIES AND MUNICIPALITIES. (a) A district may be created by a
lead governmental entity that, by resolution, proposes the
creation of a district for specific counties and municipalities
that by resolution agree to have their territory in the district.
(b) The governing body of a county or municipality may adopt a
resolution under Subsection (a) on its own motion.
(c) As soon as feasible and prudent, the lead governmental
entity shall provide over 50 percent of the initial assets to the
district.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 2, eff. June 15, 2007.
Sec. 336.022. TERRITORY INCLUDED IN DISTRICT. (a) The lead
governmental entity shall describe the initial district territory
in the resolution creating the district under Section 336.021.
The initial district territory must include all territory of each
municipality or county that agrees to have its territory in the
district under Section 336.021, except as provided by Subsections
(c) and (d).
(b) The district may include incorporated or unincorporated
territory and may include any territory in one or more counties
that agree by resolution to have the counties' territory in the
district under Section 336.021.
(c) If the boundaries of the proposed district include any
territory that is part of a municipality that operates a
municipal public library, the governing body of that municipality
must consent by resolution to allow the inclusion of that
municipal territory in the proposed district. This subsection
applies only to a municipality whose municipal public library is:
(1) financed and operated by that municipality;
(2) accredited for membership in the state library system; and
(3) open and free of charge to all members of the public under
identical conditions.
(d) Except as provided by this subsection and Subsection (c),
the district includes all incorporated and unincorporated areas
of a county that agrees by resolution to have its territory in
the district under Section 336.021. In its resolution, the
county may exclude any incorporated area of the county where the
local sales and use tax exceeds one and one-half percent.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 3, eff. June 15, 2007.
Sec. 336.023. ELECTION. (a) A district may call an election to
approve one or both of the following:
(1) a sales tax; or
(2) an ad valorem tax on property in the district.
(b) A sales tax and an ad valorem tax may be approved at the
same election.
(c) Before a district may call the first election under this
section, the lead governmental entity by resolution must set:
(1) the date of the election; and
(2) the type and rate of each tax that will appear on the ballot
proposition under Section 336.027.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 4, eff. June 15, 2007.
Sec. 336.027. BALLOT PROPOSITION. (a) If the board calls an
election to approve a sales tax, the ballot for the election
shall be printed to permit voting for or against the proposition:
"The adoption of a sales tax in the __________ (name of
district) at a rate up to __________ (rate of tax) percent to be
used for district purposes."
(b) If the board calls an election to approve an ad valorem tax,
the ballot for the election shall be printed to permit voting for
or against the proposition: "The adoption of an ad valorem tax
in the __________ (name of district) at a rate up to __________
(rate of tax) cents per $100 valuation of property to be used for
district purposes."
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 5, eff. June 15, 2007.
Sec. 336.028. RESULTS OF ELECTION. (a) If a majority of the
voters voting in the election favor the adoption of a sales tax
or of an ad valorem tax, the board shall by resolution declare
the rate of the sales tax or the amount of the ad valorem tax
adopted and enter the result in its minutes.
(b) If a majority of the voters voting in the election are not
in favor of a tax under Subsection (a), the board shall declare
the measure defeated and enter the result in its minutes.
(c) An order under Subsection (a) must:
(1) contain a description of the district's boundaries and a map
of the district;
(2) state the election date; and
(3) state the total number of votes cast for and against the
ballot proposition.
(d) The board must file in the deed records of the county in
which the district is located a resolution issued under
Subsection (a).
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 6, eff. June 15, 2007.
Sec. 336.029. INITIAL BOARD AND PRESIDING OFFICER. (a)
Appointments to the initial board are made as provided by
Subchapter C, except that the initial trustees shall agree to
stagger their terms, with four members' terms expiring in two
years and three members' terms expiring in one year. If the
trustees cannot agree on the initial staggering, the trustees
shall draw lots to determine the staggering.
(b) The lead governmental entity shall appoint the board's
initial presiding officer to serve a two-year term in that
capacity. The requirement of Section 336.056 that the board of
trustees elect the presiding officer does not apply to the
presiding officer appointed under this subsection.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.030. REPAYMENT OF ORGANIZATIONAL EXPENSES. (a) The
district may:
(1) pay all costs and expenses necessarily incurred in the
creation and organization of the district; and
(2) reimburse any person for money advanced for the costs and
expenses described by Subdivision (1).
(b) Payments under this section may be made from money obtained
from taxes or other district revenue.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER C. BOARD OF TRUSTEES
Sec. 336.051. GOVERNING BODY. A district is governed by a
seven-member board of trustees. The board has control over and
shall manage the affairs of the district.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.052. APPOINTMENT. (a) The lead governmental entity
shall appoint four trustees to the board.
(b) The most populous county in which the district is located
shall appoint three trustees to the board, unless the county is
the lead governmental entity. If the county is the lead
governmental entity, the most populous municipality in the county
shall appoint three trustees.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.053. ELIGIBILITY FOR APPOINTMENT. A person is eligible
for appointment to the board if the person:
(1) resides in the district;
(2) is registered to vote in a county in which the district is
located; and
(3) has recognized expertise in:
(A) library services;
(B) education;
(C) information technology;
(D) local or Texas history; or
(E) business management.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.054. TERMS. (a) Trustees serve staggered two-year
terms.
(b) A trustee may not serve more than two consecutive terms or
more than four terms.
(c) A trustee who has served two consecutive terms but fewer
than four terms is eligible for appointment to a new term on the
date one year after the date on which the trustee's former term
ended.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.055. VACANCY. A vacancy on the board shall be filled
by appointment for the remainder of the unexpired term by the
governmental entity that appointed the vacating member.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.056. OFFICERS. (a) The board shall elect a trustee to
serve as the board's presiding officer. The presiding officer
presides at all board meetings and is the chief executive officer
of the district.
(b) The board shall elect from among its members a vice
presiding officer, a secretary, and any other officers the board
considers necessary.
(c) The vice presiding officer acts as the presiding officer if
the presiding officer is incapacitated or absent from a meeting.
(d) The secretary acts as the presiding officer if both the
presiding officer and vice presiding officer are incapacitated or
absent from a meeting.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.057. MEETINGS AND NOTICE. (a) The board may establish
regular meetings to conduct district business and may hold
special meetings at other times as the business of the district
requires.
(b) The board shall hold its meetings at a designated meeting
place.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.058. CONFLICT OF INTEREST IN CONTRACT. (a) For
purposes of this section, a trustee who is an employee of, or a
trustee related within the second degree by affinity or
consanguinity as determined under Subchapter B, Chapter 573,
Government Code, to a person who is financially interested in a
contract is considered to be financially interested in the
contract.
(b) A trustee who is financially interested in a contract may
not vote on the acceptance of the contract or participate in the
discussion on the contract.
(c) A trustee who is financially interested in a contract with
the district shall disclose that fact to the other trustees. The
disclosure shall be entered into the minutes of the meeting.
(d) The failure of a trustee to disclose the trustee's financial
interest in a contract and to have the disclosure entered in the
minutes invalidates the contract.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER D. OTHER ADMINISTRATIVE PROVISIONS
Sec. 336.101. BYLAWS. The board may adopt bylaws to govern:
(1) the time, place, and manner of conducting board meetings;
(2) the powers, duties, and responsibilities of the board's
officers and employees;
(3) the disbursement of money by a check, draft, or warrant;
(4) the appointment and authority of board committees;
(5) the keeping of accounts and other records; and
(6) any other matter the board considers appropriate.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.102. EMPLOYEES. (a) The board may employ any person
the board considers necessary for conducting the district's
affairs.
(b) The board may remove any employee.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.103. EXECUTIVE DIRECTOR. (a) The board may employ an
executive director to administer the affairs of the district
under policies and requirements established by the board.
(b) The board shall set the compensation of the executive
director.
(c) The board may delegate to the executive director the board's
authority to hire, establish the compensation of, review the
performance of, discipline, or remove a district employee.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.104. QUALIFICATIONS OF EXECUTIVE DIRECTOR OR LIBRARY
DIRECTOR. The board shall ensure that the executive director or
a subordinate library director has all necessary qualifications
to oversee library services in the district.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 10, eff. September 1, 2007.
Sec. 336.105. BOND. The board may require an officer or
employee to execute a bond payable to the district and
conditioned on the faithful performance of the person's duties.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.106. EMPLOYEE PLANS. (a) The board may provide for
and administer a workers' compensation, health benefit,
retirement, disability, or death compensation plan for district
employees.
(b) The board may adopt a plan to accomplish the purpose of this
section.
(c) The board, after notice and a hearing, may change any plan
or rule adopted under this section.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.107. RECORDS; SECRETARY. (a) The secretary is
responsible for ensuring that all district books and other
records are properly maintained.
(b) The board may appoint the executive director or an employee
as assistant or deputy secretary to assist the secretary in
performing the secretary's duties under this section. The
assistant or deputy secretary may certify the authenticity of any
district record.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER E. POWERS AND DUTIES
Sec. 336.151. GENERAL POWERS OF DISTRICT. A district has all
authority necessary to accomplish district purposes.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.152. RULES; VIOLATION OF RULES. (a) The board may
adopt reasonable rules to accomplish district purposes.
(b) The board may set monetary charges in reasonable amounts for
the violation of a district rule.
(c) The board may exclude from the use of a public library a
person who intentionally violates a rule adopted by the board
under this section.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.153. LOCATION OF PUBLIC LIBRARY FACILITIES. A district
may locate a public library facility at any place in the
district, including the territory of a political subdivision
within the district.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.154. CONTRACTS. A district may contract with any
person for any district purpose.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.155. AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS. (a)
A district may contract with a municipality, county, or other
political subdivision for the district to provide public library
services outside the district.
(b) A district may enter into one or more agreements with any
municipality included in the area of the district for the
acquisition or operation of the municipality's library
facilities.
(c) A district and a political subdivision may enter into an
agreement for any district purpose.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 7, eff. June 15, 2007.
Sec. 336.156. PROPERTY AND EQUIPMENT. (a) A district may
construct, acquire, own, lease, operate, maintain, repair, or
improve any land, works, materials, supplies, improvements,
facilities, equipment, vehicles, machinery, appliances, or other
property as necessary.
(b) If a district acquires property of any kind related to the
operation of a public library, the district may assume the
contracts and obligations of the previous owner.
(c) A district may hold, use, sell, lease, dispose of, and
acquire, by any means, property and licenses, patents, rights,
and other interests necessary, convenient, or useful to the
exercise of any district power.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.157. SURPLUS PROPERTY. A district may sell, lease, or
dispose of in any other manner and at any time:
(1) any right, interest, or property of the district that is not
needed for, or, if a lease, is inconsistent with, the efficient
operation and maintenance of a public library; or
(2) surplus materials or other property that is not needed for a
district purpose.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.158. SUITS. (a) A district may sue and be sued in any
court of this state in the name of the district.
(b) A court of this state shall take judicial notice of the
establishment of a district.
(c) A district is not required to give security for costs in a
suit or to give a supersedeas or cost bond in an appeal of a
judgment.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.159. EXPANSION OF DISTRICT. (a) The district may
expand to include additional territory if the commissioners court
of the county in which the district is located holds an election
for that purpose in the territory to be added to the district.
(b) If a majority of the voters voting at the expansion election
approve the expansion of the district, the territory of the
district is expanded.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.160. DONATION OF LIBRARY ASSETS BY COUNTY OR
MUNICIPALITY. A county or municipality, including the lead
governmental entity, that creates or joins the district may
donate library assets to the district without compensation from
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 8, eff. June 15, 2007.
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 336.201. BORROWING. A district may borrow money.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.202. FEES; GENERAL. (a) A district may impose any
necessary charges or fee for providing a district service.
(b) A district may discontinue a service to enforce payment of
an unpaid charge or fee that is owed to the district.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.203. LIBRARY FEES. A library created under this
chapter may charge reasonable fees to remove certain materials
from the library or for other services provided by the library.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.204. DEPOSITORY. (a) The board shall designate one or
more banks inside or outside of the district to serve as the
depository for district money.
(b) The district shall deposit district tax revenue in a
depository bank.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.205. EXPENDITURES. A district may disburse district
money only by check, draft, money order, or another instrument
that must be signed by one or more officers or employees of the
district as designated by the board.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.206. ACCOUNTS AND RECORDS; AUDITS. (a) A district
shall keep a complete system of accounts.
(b) The district shall have an annual audit of the district
affairs performed by an independent certified public accountant.
(c) A signed copy of the audit report shall be delivered to each
trustee not later than the 120th day after the closing date of
each fiscal year.
(d) A copy of the audit report shall be kept on file at the
district office and shall be made available for inspection by any
interested person during regular business hours.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.207. FISCAL YEAR. The fiscal year of the district is
from October 1 to September 30, unless the board adopts another
fiscal year.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.208. GRANTS AND DONATIONS. A district may accept and
administer a grant or donation from any source for any district
purpose.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER G. TAXES
Sec. 336.251. AD VALOREM TAX ASSESSMENT AND COLLECTION. (a) A
district may impose an ad valorem tax.
(b) If the district imposes an ad valorem tax, the board shall
have the taxable property in its district assessed for ad valorem
taxation and the ad valorem taxes in the district collected, in
accordance with any one of the methods set forth in this section,
and any method adopted remains in effect until changed by the
board.
(c) The board may have the taxable property in its district
assessed or its taxes collected, wholly or partly, by the tax
assessors or tax collectors of any county, municipality, taxing
district, or other governmental entity in which all or any part
of the district is located. The tax assessors or tax collectors
of a governmental entity, on the request of the board, shall
assess and collect the taxes of the district in the manner
prescribed in the Property Tax Code. Tax assessors and tax
collectors shall receive compensation in an amount agreed on
between the appropriate parties, but not to exceed two percent of
the ad valorem taxes assessed.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.252. IMPOSITION, COMPUTATION, ADMINISTRATION, AND
GOVERNANCE OF SALES TAX. (a) A district may impose a sales and
use tax.
(b) Chapter 323, Tax Code, to the extent not inconsistent with
this chapter, governs the imposition, computation,
administration, and governance of the sales and use tax under
this subchapter, except that Sections 323.101, 323.105, 323.404,
and 323.406-323.408, Tax Code, do not apply.
(c) Chapter 323, Tax Code, does not apply to the use and
allocation of revenue under this chapter.
(d) In applying the procedures under Chapter 323, Tax Code, to
the district, the district's name shall be substituted for "the
county," and "board of trustees" is substituted for
"commissioners court."
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.253. SALES AND USE TAX RATES. The permissible rates
for a sales and use tax imposed under this chapter are one-eighth
of one percent, one-fourth of one percent, three-eighths of one
percent, and one-half of one percent.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.254. ABOLITION OF OR CHANGE IN AD VALOREM TAX RATE.
(a) The board by order may decrease or abolish the ad valorem
tax rate or may call an election to increase, decrease, or
abolish the ad valorem tax rate. In an election under this
subsection and except as provided by Subsection (b), the board
shall use the procedures for a tax election under Subchapter B.
(b) At the election, the ballot shall be printed to permit
voting for or against the proposition: "The increase (decrease)
in the ad valorem tax rate of _________ (name of district) to a
rate up to ___________ (rate of tax) cents per $100 valuation of
taxable property to be used for district purposes" or "The
abolition of the district ad valorem tax." The increase or
decrease in the tax rate, or the abolition of the tax, is
effective if it is approved by a majority of the votes cast.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1148, Sec.
11(4), eff. June 15, 2007.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 9, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 11(4), eff. June 15, 2007.
Sec. 336.255. USE OF TAX. A tax collected under this subchapter
may be used only for a district purpose and may be pledged as
collateral for borrowing money to further those purposes.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER H. BONDS
Sec. 336.301. DEFINITION. In this subchapter, "bond" includes a
note.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.302. GENERAL POWER TO ISSUE BONDS. (a) A district may
issue bonds at any time and for any amount it considers necessary
or appropriate to acquire, construct, equip, or improve district
facilities.
(b) The board by resolution may authorize the issuance of bonds
payable solely from revenue.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.303. LEAD GOVERNMENTAL ENTITY'S CONSENT REQUIRED. The
district may not issue bonds under this subchapter unless the
lead governmental entity's governing body by resolution consents
to the issuance.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.304. SHORT-TERM BONDS. (a) The board by resolution
may issue bonds that are secured by revenue or taxes of the
district if the bonds:
(1) have a term of not more than 12 months; and
(2) are payable only from revenue or taxes received on or after
the date of their issuance and before the end of the fiscal year
following the fiscal year in which the bonds are issued.
(b) Approval by the attorney general or registration with the
comptroller is not required for a bond issued under this section.
(c) An election is not required to issue bonds under this
section.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.305. ELECTION REQUIRED FOR CERTAIN BONDS SECURED BY
TAXES. Except for short-term bonds issued under Section 336.304,
bonds payable wholly or partly from taxes may not be issued
unless authorized by a majority of the votes received in an
election held for that purpose.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.306. SECURITY PLEDGED. (a) To secure the payment of a
district's bonds, the district may:
(1) pledge all or part of revenue realized from any tax that the
district may impose;
(2) pledge all or part of revenue from library facilities; or
(3) mortgage all or part of the district's facilities, including
any part of the facilities subsequently acquired.
(b) A district may, subject to the terms of the bond indenture
or the resolution authorizing the issuance of the bonds, secure
payment of district bonds by encumbering a separate item of the
district facilities and may acquire, use, hold, or contract for
the property by lease, chattel mortgage, or other conditional
sale.
(c) This subchapter does not prohibit a district from
encumbering one or more library facilities to purchase,
construct, or improve one or more other district facilities.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.307. LIEN ON REVENUE. The expense of operation and
maintenance of library facilities, including salaries, labor,
materials, and repairs necessary to provide efficient service,
and every other proper item of expense are a first lien and
charge against the revenue of a district encumbered under this
chapter.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.308. EXCHANGE OF BONDS FOR EXISTING LIBRARY FACILITIES.
A district's revenue bonds may be exchanged, in lieu of cash,
for the property of all or part of existing library facilities to
be acquired by the district.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Sec. 336.309. GOVERNMENTAL ENTITIES NOT RESPONSIBLE FOR DISTRICT
OBLIGATIONS. A governmental entity, other than the district, is
not required to pay a bond or other district obligation.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
SUBCHAPTER I. DISSOLUTION
Sec. 336.351. PROCEDURE FOR DISSOLUTION. (a) The board by
resolution may dissolve a district if the governing body of the
lead governmental entity by resolution consents to the
dissolution.
(b) If the district has debt, including any outstanding bonds,
the district shall remain in existence for the sole purpose of
paying its debt and transferring any remaining assets. The board
shall transfer to the lead governmental entity any assets that
remain after satisfaction of all debt.
(c) After the debt is paid and the assets are transferred, the
district is dissolved.
Added by Acts 2005, 79th Leg., Ch.
883, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1148, Sec. 10, eff. June 15, 2007.