CHAPTER 385. SMITH COUNTY ECONOMIC DEVELOPMENT DISTRICT
LOCAL GOVERNMENT CODE
TITLE 12. PLANNING AND DEVELOPMENT
SUBTITLE B. COUNTY PLANNING AND DEVELOPMENT
CHAPTER 385. SMITH COUNTY ECONOMIC DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 385.001. CREATION OF DISTRICT; LEGISLATIVE DECLARATION.
(a) Notwithstanding any law relating to consent by political
subdivisions to the creation of conservation and reclamation
districts and the inclusion of land in those districts, the Smith
County Economic Development District is created as a special
district under Section 59, Article XVI, Texas Constitution.
(b) The district is a unit of government for purposes of Chapter
101, Civil Practice and Remedies Code (Texas Tort Claims Act),
and operations of the district are considered to be essential
governmental functions and not proprietary functions for all
purposes, including the application of the Texas Tort Claims Act.
(c) The board by resolution may change the district's name.
(d) The creation of the district is essential to the
accomplishment of the purposes of Section 52, Article III, and
Section 59, Article XVI, Texas Constitution, and to the
accomplishment of the public purposes stated in this chapter.
(e) The district is necessary to promote, develop, encourage,
and maintain employment, commerce, economic development, and
public welfare in the Smith County Economic Development District.
The creation of the district and this chapter are not to be
interpreted to relieve Smith County or any other political
subdivision from providing the level of services as of the
effective date of this chapter, to the area included in the
district or to release the county or political subdivision from
its obligations to provide services to that area. The district is
created to supplement and not supplant such services in the area
included within the district.
(f) Except as otherwise provided by this chapter, the district
is not subject to the jurisdiction or supervision of the
commission under Chapter 49, Water Code, or other law.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.002. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Commission" means the Texas Natural Resource Conservation
Commission.
(3) "District" means the Smith County Economic Development
District.
(4) "Improvement project" means any program or project
authorized by this chapter, inside or outside the district, that
is necessary to accomplish the public purposes of the district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.003. BOUNDARIES. The district includes all of the
territory contained within the tracts of land described as
follows:
Tract I
72.149 acres
All that certain tract or parcel of land situated in the A. J.
Lagrone Survey, Abstract 571, the David Barclay Survey, Abstract
91, and the Isaac Read Survey, Abstract 813, Smith County, Texas,
being out of and a part of the remainder of that certain 40.05
acre First Tract and 44.88 acre Second Tract described in a
Warranty Deed from Ann Clyde (Clinkscales) McCombs to Betty Ruth
Yancy et vir Bobby Joe Yancy, dated May 27, 1992, and recorded in
Volume 3238, Page 330 of the Land Records of Smith County, Texas,
and being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2" iron rod found for the southwest corner of
the herein described tract, same being the point of intersection
of the west line of said 44.88 acre tract with the north
right-of-way line of Interstate Highway 20; a concrete monument
found for reference bears South 80°26'29" East, 40.46 feet;
THENCE, North 05°38'10" East, with the west line of said
44.88 acre tract, same being the east line of that certain 25.555
acre Tract One described in a Warranty Deed in Cancellation of
Debt from Featherston, Inc. to Black Stone Paving, Inc. and
recorded in Volume 3684, Page 800 of said Land Records, and
generally with a barbed wire fence, a distance of 1375.02 feet to
a 1/2" iron rod set for the northeast corner of said 25.555 acre
tract, same being the northeast corner of that certain tract
described in a Special Warranty Deed to Elbert Carroll Hooper et
ux Rose Marie Hooper, of record in Volume 1336, Page 174 of the
Deed Records of Smith County, same being in the south
right-of-way line of U.S. Highway 271;
THENCE, North 68°19'10" East with said south right-of-way
line of U.S. Highway 271, a distance of 54.37 feet to a concrete
right-of-way monument found for an angle point in same;
THENCE, North 68°23'11" East, continuing with said south
right-of- way line of U.S. Highway 271, a distance of 800.26 feet
to a concrete right- of-way monument found for an angle point in
same;
THENCE, North 65°30'49" East, continuing with said south
right-of- way line of U.S. Highway 271, a distance of 200.18 feet
to a concrete right- of-way monument found for an angle point in
same;
THENCE, North 68°21'49" East, continuing with said south
right-of-way line of U.S. Highway 271, a distance of 956.63 feet
to a 1/2" iron pipe found for the northern northeast corner of
the herein described tract, same being the point of intersection
of the northern northeast line of said 40.05 acre tract with said
south right-of-way line; a concrete right-of-way monument found
for reference bears North 68°21'49" East, 142.48 feet;
THENCE, South 19°55'00" East, a distance of 217.20 feet to a
1/2" iron rod set for the northern interior corner of said 40.05
acre tract;
THENCE North 84°34'00" East, a distance of 117.56 feet to a
2" iron rod found for the southern northeast corner of the herein
described tract, same being the point of intersection of the
southern northeast line of said 40.05 acre tract with the west
right-of-way line of FM Highway 757;
THENCE, South 20°11'34" West, with said west right-of-way
line of FM Highway 757, a distance of 608.33 feet to a 1/2" iron
rod set for the point of curvature and the beginning of a curve
to the left having a radius of 2,904.79 feet;
THENCE, continuing with said West right-of-way line of FM Highway
757, and along said curve to the left having a radius of 2,904.79
feet, a central angle of 05°49'43", and a chord bearing and
distance of South 17°164'3" West, 295.38 feet, an arc length
of 259.50 feet to a 1/2" iron rod set for the end of said curve
and the point of tangency;
THENCE, South 14°21'51" West, continuing with said west
right-of-way line of FM Highway 757 a distance of 549.28 feet to
a 1/2" iron rod set a corner in the north right-of-way line of
said Interstate Highway 20;
THENCE, North 75°52'30" West, with said north right-of-way
line of Interstate Highway 20 a distance of 10.00 feet to a
concrete right-of-way monument found for a corner of same;
THENCE, South 14°31'05 West, continuing with said north
right-of-way line of Interstate Highway 20, a distance of 457.36
feet to a concrete right-of-way monument found for a corner of
same;
THENCE, North 75°07'02" West, continuing with said north
right-of-way line of Interstate Highway 20, a distance of 202.01
feet to a concrete right-of-way monument found for a corner of
same;
THENCE, South 62°34'10" West, continuing with said north
right-of-way line of Interstate Highway 20, a distance of 518.96
feet to a concrete right-of-way monument found for a corner of
same;
THENCE, South 87°33'33" West, continuing with said north
right-of-way line of Interstate Highway 20, a distance of 369.53
feet to a concrete right-of-way monument found for a corner of
same;
THENCE, North 80°26'29" West, continuing with said north
right-of-way line of Interstate Highway 20, at 576.73 feet pass
said concrete right-of-way monument found for reference, and
continuing in all a total distance of 617.19 feet to the POINT OF
BEGINNING and containing 72.149 acres of land.
Tract II
19.806 acres
All that certain tract or parcel of land situated in the Asa
Wright Survey, Abstract 1037, the David Barclay Survey, Abstract
91, and the Isaac Read Survey, Abstract 813, Smith County, Texas,
being out of and a part of the remainder of that certain 25.555
acre Tract One described in a Warranty Deed in Cancellation of
Debt from Featherston, Inc. to Black Stone Paving, Inc., dated
June 1, 1995, and recorded in Volume 3684, Page 800 of the Land
Records of Smith County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the southeast corner of
said 25.555 acre tract, same being in the north right-of-way line
of Interstate Highway 20; a concrete monument found for reference
bears South 80°26'29" East, 40.46 feet;
THENCE, North 66°15'00" West, with the south line of said
25.555 acre tract, same being said north right-of-way line of
Interstate Highway 20 (and the bearing basis of this survey as
related to the record bearing), a distance of 1,223.37 feet to a
1/2" iron rod found for the southeast corner of that certain
3.000 acre tract described in a deed to Exstar Development Inc.,
of record in Volume 3989, Page 568 of the Official Public Records
of Smith County, Texas, same being the southwest corner of the
herein described tract;
THENCE, North 28°35'30" East, with the southeast line of said
3000 acre tract, a distance of 395.10 feet to a 1/2" iron rod
found for a corner of same;
THENCE, North 21°30'45" West, a distance of 100.03 feet to a
1/ 2" iron rod found for the northwest corner of the herein
described tract, same being in the north line of said 25.555 acre
tract, same being in the south right-of-way line of U.S. Highway
271;
THENCE, N 68°28'07" East, with the north line of said 25.555
acre tract, same being said south right-of-way line of U.S.
Highway 271, a distance of 924.26 feet to a 1/2" iron rod found
for the northwest corner of that certain tract described in a
Special Warranty Deed to Elbert Carroll Hooper et ux Rose Marie
Hooper, of record in volume 1336, Page 174 of the Deed Records of
Smith County, Texas, same being the northern Northeast corner of
the herein described tract;
THENCE South 05°27'10" West, a distance of 504.24 feet to a
1/2" iron rod set for the southwest corner of said Hooper tract;
THENCE, South 84°21'50" East, a distance of 230.40 feet to a
1/ 2" iron rod set for the southeast corner of said Hooper tract,
same being the southern northeast corner of the hererin described
tract; same being in the east line of said 25.555 acre tract;
THENCE, South 05°38'10" West, with the east line of said
25.555 acre tract, a distance of 750.95 feet to the POINT OF
BEGINNING and containing 19. 806 acres of land.
Tract III
3.000 acres
All that certain tract or parcel of land situated in the Asa
Wright Survey, Abstract 1037, and the Isaac D. Read Survey,
Abstract 813, Smith County, Texas, being all of that certain
called 2.500 acre Tract One described in a Warranty Deed from
Black Stone Paving, Inc., to John Pollard, Jr., dated June 1,
1995, and recorded in Volume 3684, Page 809 of the Land Records
of Smith County, Texas, and being out of and a part of the
remainder of that certain 25.555 acre Tract One described in a
Warranty deed in Cancellation of Debt from Featherston, Inc. to
Black Stone Paving, Inc., dated June 1, 1995, and recorded in
Volume 3684, Page 800 of the Land Records of Smith County, Texas,
and being more particularly described by metes and bounds as
follows:
BEGINNING at a concrete monument found for the southwest corner
of said 2.500 acre tract, same being the point of intersection of
the north right-of-way line of Interstate Highway 20 with the
southeast right-of-way line of U.S. Highway 271;
THENCE, North 53°35'37" East, with said southeast
right-of-way line of U.S. Highway 271, a distance of 163.34 feet
to a 1/2" iron rod set for a corner of said 2.500 acre tract;
THENCE, North 72°39'34" East, continuing with said southeast
right-of- way line of U.S. Highway 271, a distance of 200.50 feet
to a 1/2" iron rod found for a corner of said 2.500 acre tract;
THENCE, North 68°28'53" East, continuing with said southeast
right-of- way line of U.S. Highway 271, a distance of 268.34 feet
to a 1/2" iron rod set for the northwest corner of said 2.500
acre tract;
THENCE, South 21°30'45" East, a distance of 100.03 feet to a
1/ 2" iron rod found for the northeast corner of said 2.500 acre
tract;
THENCE 28°35'30" West, a distance of 395.10 feet to a 1/2"
iron rod found for the southeast corner of the herein described
tract, same being in the south line of said 25.555 acre tract,
same being in said north right- of-way line of Interstate Highway
20;
THENCE 66°15'00" West, with the South line of said 25.555
acre tract, same being said North right-of-way line of Interstate
Highway 20 (and the bearing basis of this survey as related to
the record bearing), at 109.61 feet pass a 1/2" iron rod found
for the southeast corner of said 2.500 acre tract, and continuing
in all a total distance of 458.96 feet to the POINT OF BEGINNING
and containing 3.000 acres of land.
Tract IV
1.044 acres
All that certain tract or parcel of land situated in the A. J.
Lagrone Survey, Abstract 571, Smith County, Texas, being out of
and a part of that certain called 1.220 acre tract described in a
Warranty Deed with Vendor's Lien from J. G. Andrews to Herman L.
Stevenson et ux Dorothy Stevenson, dated December 10, 1968,
recorded in Volume 1286, Page 357 of the Deed Records of Smith
County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2" iron pipe found for the northwest corner of
said 1.220 acre tract, same being in the south right-of-way line
of U.S. Highway 271;
THENCE, North 68°21'49" east, with said south right-of-way
line of U.S. Highway 271, a distance of 142.48 feet to a concrete
right-of-way monument found for an angle point in same, same
being a north corner of said 1.220 acre tract;
THENCE, South 76°09'34" East, continuing with said south
right-of-way line of U.S. Highway 271, a distance of 136.59 feet
to a concrete right-of-way monument found for a corner in the
northeast line of said 1.220 acre tract, same being in the west
right-of-way line of F.M. 757;
THENCE, South 19°10'20" West, with said west right-of-way
line of F.M. 757, a distance of 225.44 feet to a 2" iron rod
found for the southeast corner of the herein described tract,
same being in the southern northeast line of that certain 40.05
acre First Tract described in a Warranty Deed from Ann Clyde
(Clinkscales) McCombs to Betty Ruth Yancy et vir Bobby Joe Yancy,
dated May 27, 1992, and recorded in Volume 3238, Page 330 of the
Land Records of Smith County, Texas;
THENCE, South 84°34'00" West, with said southern northeast
line of said 40.05 acre tract, a distance of 117.56 feet to a
1/2" iron rod set for the northern interior corner of same;
THENCE, North 19°55'00" West, with the northern northeast
line of said 40.05 acre tract, a distance of 217.20 feet to the
POINT OF BEGINNING and containing 1.044 acres of land.
Tract V
10.394 acres
All of that certain parcel or tract of land located in the David
Barclay Survey, Abstract No. 91 and the Aston Shafner Survey,
Abstract No. 868, Smith County, Texas, and being part of that
certain 26.9 acre tract conveyed to James T. Kyles by Gerald W.
Kyles on October 13, 1964, and recorded in Volume 1133, Page 19
of the Deed Records of Smith County, Texas, and being more
completely described as follows, to-wit:
BEGINNING at a 1/2" iron rod for corner, being at the
intersection of the East line of the above mentioned 26.9 acre
tract and the North right-of-way line of Interstate Highway 20;
THENCE in a Northwesterly direction, with the North right-of-way
line of the said Interstate Highway 20, as follows: North
87°29' West 93.87 feet to a right-of-way monument; North
64°11' West 380.79 feet to a right-of- way monument; North
40°30' West 368.61 feet to a right-of-way monument; and North
73°44' West at 57.49 feet to a right-of-way monument;
THENCE North 14°39' East, a distance of 375.74 feet to a 1/2"
iron rod for corner, being at the intersection of the East
right-of-way line of FM Highway 757 and the South right-of-way
line of FM Highway No. 1252;
THENCE in an Easterly Direction, with the South right-of-way line
of FM Highway No. 1252 as follows: South 75°44' East 50.51
feet; South 81°18' East 138.22 feet; South 88°34' East
120.49 feet; North 84°12' East 118.61 feet; North 76°26'
East 121.38 feet; and North 71°37' East 107.38 feet to a 1"
iron rod for corner, being in the East line of the above
mentioned 26.9 acre tract;
THENCE South 00°31' West, with the East line of the 26.9 acre
tract, a distance of 867.87 feet to the place of beginning,
containing 10.394 acres of land.
Tract VI
3.226 acres
All of that certain parcel or tract of land located in the David
Barclay Survey, Abstract No. 91 and the Aston Shafner Survey,
Abstract No. 868, Smith County, Texas, and being part of that
certain 26.9 acre tract conveyed to James T. Kyles by Gerald W.
Kyles on October 13, 1964, and recorded in Volume 1133, Page 19
of the Deed Records of Smith County, Texas, and being more
completely described as follows, to-wit:
BEGINNING at a 1/2" iron rod for corner, being at the
intersection of the East line of the above mentioned 26.9 acre
tract and the South right-of-way line of Interstate Highway 20;
THENCE South 00°31' West, with the East line of the 26.9 acre
tract, a distance of 358.82 feet to a strap iron for corner,
being the southeast corner of the 26.9 acre tract;
THENCE North 89°30' West, with the South line of the 26.9
acre tract, a distance of 314.60 feet to a 1/2" iron rod for
corner, being in the center of a creek, also being the Southerly
Southwest corner of the 26.9 acre tract;
THENCE North 30°37' West, with the center of said creek, a
distance of 252.78 feet to a point for corner in the center of
said creek;
THENCE North 45°51' West, a distance of 52.88 feet to a 1/2"
iron rod for corner; said corner being in the South right-of-way
line of Interstate Highway 20;
THENCE North 63°42' East, with the South line of said
Interstate Highway 20, a distance of 254.85 feet to a right of
way monument;
THENCE South 87°29' East, continuing with the South
right-of-way line of said Interstate Highway 20, a distance of
256.27 feet to the place of beginning, containing 3.226 acres of
land.
Tract VII
2.996 acres
All that certain tract or parcel of land situated in the Isaac D.
Read Survey, Abstract 813, and the David Barclay Survey, Abstract
91, Smith County, Texas, being all of that certain tract
described in a Special Warranty Deed to Elbert Carroll Hooper et
ux Rose Marie Hooper, of record in Volume 1336, Page 174 of the
Deed Records of Smith County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found for the northwest corner of
said Hooper tract, same being in the South right-of-way line of
U.S. Highway 271;
THENCE, North 68°19'10" East, with said South right-of-way
line of U.S. Highway 271, a distance of 261.13 feet to a 1/2"
iron rod set for the northeast corner of said Hooper tract;
THENCE, South 05°38'10" West, a distance of 624.07 feet to a
1/ 2" iron rod set for the southeast corner of said Hooper tract;
THENCE, North 84°21'50" West, a distance of 230.40 feet to a
1/ 2" iron rod set for the southwest corner of said Hooper tract;
THENCE, North 05°27'10" East, with the West line of said
Hooper tract, a distance of 504.24 feet to the POINT OF BEGINNING
and containing 2.996 acres of land.
Tract VIII
16.130 acres
All that certain tract or parcel of land, being 16.130 acres
situated in the Acton Shofner Survey, Abstract No. 868, Smith
County, Texas, being part of that certain called 26.93 acre tract
described in a Quitclaim Deed from James O. Kay to Buryl C. Kay,
dated July 24, 1996, recorded in Volume 3840, Page 474 of the
Land Records of Smith County, Texas, said 16.130 acres being more
completely described as follows, to-wit:
Bearings are based on the monumented East line of tracts one and
two described in a deed to Jay T. Gordon et al, recorded in
Volume 4723, Page 277.
BEGINNING at the Northwest corner of the above mentioned Buryl C.
Kay tract, being near the center of the paved surface of FM
Highway 1252 (also known as the Tyler-Thunderstruck Road), a 1"
iron rod (found for a reference) bears South 00°31'00" West,
42.06 feet, said 1" iron rod being the Northeast corner of the
Jay T. Gordon et al Tract One (called 10.394 acres) recorded in
Volume 4723, Page 277;
THENCE North 71°11'57" East, generally along the center of
the paved surface of said FM Highway 1252 and with the North line
of said Kay tract, a distance of 720.51 feet to the Northeast
corner of same, a Sucker rod (found for reference) bears South
00°55'54" West, 42.74 feet, said Sucker rod being the
Northwest corner of the CBLS Family Trust called 1.952 acre tract
recorded in Volume 3985, Page 161;
THENCE South 00°55'54" West, with the East line of said Kay
tract, with the West line of said CBLS Family Trust Tract, with
the West Line of the Randall L. McIntyre, et ux, called 16.1013
acre tract recorded in Volume 3500, Page 531 and with the West
line of the American Fidelity Savings Association called 0.786 of
an acre recorded in Volume 2893, Page 433, a total distance of
1171.51 feet to a 1" iron pipe (found) for the Southwest corner
of said 0.786 of an acre tract, being in the North line of
Interstate Highway 20;
THENCE North 87°28'34" West with the North line of said
Interstate Highway 20, a distance of 671.86 feet to a 1/2" iron
rod (found) in the West line of the above mentioned Buryl C. Kay
tract, being the Southeast corner of the above mentioned Jay T.
Gordon et al Tract One;
THENCE North 00°31'00" East, with the West line of the Kay
tract, same being the East line of said Jay T. Gordon, et al,
tract, a distance of 909.60 feet to THE PLACE OF BEGINNING,
containing 16.130 acres of land, of which, 0.88 of an acre is
within the right-of-way of the above mentioned FM Highway 1252.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.004. FINDINGS RELATED TO BOUNDARIES. The legislature
finds that the boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not affect the
organization, existence, or validity of the district, the right
of the district to enter into any type of contract for the
purposes for which the district is created, the right of the
district to impose, assess, or collect taxes, fees, or charges,
or the operation of the district or its governing body.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.005. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) All
of the land and other property included within the boundaries of
the district will be benefited by the works, projects,
improvements, and services that are to be accomplished by the
district under powers conferred by Section 52, Article III, and
Section 59, Article XVI, Texas Constitution, and other powers
granted under this chapter. The district is created to serve a
public use and benefit.
(b) The creation of the district:
(1) is essential to further the public purposes of the economic
development and diversification of the state, the elimination of
unemployment and underemployment, and the stimulation and
development of transportation and commerce;
(2) is in the public interest; and
(3) will promote the health, safety, and general welfare of
residents, employers, employees, and consumers in the district
and of the general public.
(c) The district will provide needed funding for the district
area to preserve, maintain, and enhance the economic health and
vitality of the area as a community and business and commerce
center. The district will further promote the health, safety,
welfare, education, convenience, and enjoyment of the public by
improving, landscaping, and developing certain areas within and
adjacent to the district and providing public services and
facilities within and adjacent to the district that are necessary
for the restoration, preservation, enhancement, and enjoyment of
scenic and aesthetic beauty. The improvement projects authorized
by this Act are essential to carrying out a public purpose. The
district will not act as the agent or instrumentality of any
private interests, even though private interests and the general
public will benefit from the district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.006. CONSTRUCTION OF CHAPTER. This chapter shall be
liberally construed in conformity with the findings and purposes
stated in this chapter.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 385.031. GENERAL POWERS AND DUTIES. (a) The district has
all of the powers and duties provided by the general law of this
state, including:
(1) Subchapter E, Chapter 375;
(2) the general laws of this state on conservation and
reclamation districts created under Section 59, Article XVI,
Texas Constitution, including Chapters 49 and 54, Water Code; and
(3) the general laws of this state on road districts and road
utility districts created under Section 52(b)(3), Article III,
Texas Constitution, including Chapter 441, Transportation Code.
(b) If any provision of the general law is in conflict or
inconsistent with this chapter, this chapter prevails. Any
general law that supplements the power and authority of the
district, to the extent not in conflict or inconsistent with this
chapter, is adopted and incorporated by reference.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.032. IMPROVEMENT PROJECTS. The district may conduct or
authorize the following types of improvement projects or
activities in support of or incidental to improvement projects:
(1) the planning, design, construction, improvement, and
maintenance of:
(A) landscaping;
(B) highway right-of-way or transit corridor beautification and
improvements;
(C) lighting, banners, and signs;
(D) streets or sidewalks;
(E) hiking and cycling paths and trails, pedestrian walkways,
skywalks, crosswalks, or tunnels;
(F) parks, lakes, gardens, recreational facilities, open space,
scenic areas, and related exhibits and preserves;
(G) fountains, plazas, and pedestrian malls; and
(H) drainage or storm water detention improvements;
(2) the planning, design, construction, improvement,
maintenance, and operation of:
(A) solid waste, water, sewer, or power facilities or services,
including electrical, gas, steam, and chilled water facilities;
or
(B) off-street parking facilities, bus terminals, and heliports;
(3) the planning and acquisition of:
(A) public art and sculpture and related exhibits and
facilities; and
(B) educational and cultural exhibits and facilities;
(4) the planning, design, construction, acquisition, lease,
rental, improvement, maintenance, installation, and management of
and provision of furnishings for facilities for:
(A) conferences, conventions, or exhibitions;
(B) manufacturer, consumer, or trade shows;
(C) civic, community, or institutional events; and
(D) exhibits, displays, attractions, special events, and
seasonal or cultural celebrations and holidays;
(5) the removal, razing, demolition, or clearing of land or
improvements in connection with any improvement project;
(6) the acquisition and improvement of land and other property
for the mitigation of the environmental effects of any
improvement project;
(7) the acquisition of real or personal property or an interest
in real or personal property in connection with an authorized
improvement project;
(8) any special or supplemental services for the improvement and
promotion of the district or the areas adjacent to the district
or for the protection of public health and safety within or
adjacent to the district, including advertising, promotion,
tourism, health and sanitation, public safety, security, fire
protection or emergency medical services, business recruitment,
development, elimination of traffic congestion, and recreational,
educational, or cultural improvements, enhancements, and
services; and
(9) any similar public improvements, facilities, or services.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.033. POWERS RELATED GENERALLY TO FINANCIAL AND
TERRITORIAL MATTERS. The district may:
(1) impose, assess, and apply the proceeds from a limited sales
and use tax as authorized by Section 385.111 for authorized
purposes;
(2) borrow money for district purposes;
(3) add or exclude territory in the manner provided by
Subchapter J, Chapter 49, Water Code, as limited by Section
54.016, Water Code, except that:
(A) for purposes of this subdivision, a reference in Subchapter
J, Chapter 49, Water Code, or Section 54.016, Water Code, to a
tax means an ad valorem tax; and
(B) Section 54.016, Water Code, and Section 42.042, Local
Government Code, do not apply to the district's annexation of
land restricted primarily to commercial or business use;
(4) enter into a contract with any person for the accomplishment
of any district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of any costs
incurred by that person for or on behalf of the district,
including all or part of the costs of any improvement project and
interest on the reimbursed cost; or
(B) the use, occupancy, lease, rental, operation, maintenance,
or management of all or part of a proposed or existing
improvement project;
(5) apply for and contract with any person to receive,
administer, and perform any duty or obligation of the district
under any federal, state, local, or private gift, grant, loan,
conveyance, transfer, bequest, donation, or other financial
assistance arrangement relating to the investigation, planning,
analysis, study, design, acquisition, construction, improvement,
completion, implementation, or operation by the district or
others of a proposed or existing improvement project;
(6) establish, revise, repeal, enforce, collect, and apply the
proceeds from user fees or charges for the enjoyment, sale,
rental, or other use of the district's facilities, services,
properties, or improvement projects;
(7) provide or secure the payment or repayment of the costs and
expenses of the establishment, administration, and operation of
the district and the district's costs or share of the costs of
any improvement project or district contractual obligation or
indebtedness by or through a lease, installment purchase
contract, or other agreement with any person, or the levy and
assessment of taxes, user fees, concessions, rentals, or other
revenues or resources of the district;
(8) undertake separately or jointly with other persons all or
part of the cost of an improvement project, including an
improvement project:
(A) for improving, enhancing, and supporting public safety and
security, fire protection and emergency medical services, and law
enforcement within and adjacent to the district; or
(B) that confers a general benefit on the entire district or a
special benefit on a definable part of the district; and
(9) impose, collect, and apply the proceeds from a hotel
occupancy tax as provided by Sections 385.112 and 385.113.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.034. RULES AND REGULATIONS. The district may adopt,
amend, and enforce by ordinary civil remedies reasonable rules
and regulations:
(1) for the administration and operation of the district;
(2) for the use, enjoyment, availability, protection, security,
and maintenance of the district's properties and facilities; and
(3) to provide for public safety and security within the
district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.035. SECURITY SERVICES. The district may not employ
peace officers but may contract for off-duty peace officers to
provide public safety and security services as the board
determines necessary.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.036. ECONOMIC DEVELOPMENT. The district may exercise
the economic development powers and authority that Chapter 380
provides to a municipality with a population of more than
100,000, and Chapter 1509, Government Code, provides to a
municipality.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.037. ROADWAYS, PARKS, OTHER PUBLIC AREAS. (a) The
board by rule may regulate the private use of public roadways,
open spaces, parks, sidewalks, and similar public areas within
the district. To the extent the rules of the district conflict
with a rule, order, ordinance, or regulation of a county or
municipality with jurisdiction in the district's territory, the
rule, order, ordinance, or regulation of the county or
municipality controls. The rules may provide for the safe and
orderly use of public roadways, open spaces, parks, sidewalks,
and similar public areas or facilities.
(b) The board may require a permit for a parade, demonstration,
celebration, entertainment event, or a similar nongovernmental
activity in or on the public roadways, open spaces, parks,
sidewalks, and similar public areas or facilities. The board may
charge a fee for the permit application and for public safety or
security services in an amount the board considers necessary.
(c) The board may require a permit or franchise agreement with a
vendor, concessionaire, exhibitor, or similar private or
commercial person or organization for the limited use of the area
or facilities on terms and conditions and on payment of a permit
or franchise fee the board may impose.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.038. TERMS OF EMPLOYMENT; COMPENSATION. The board may
employ and establish the terms of employment and compensation of
a president, vice president, executive director, general manager,
and any other operating officer of the district the board
considers necessary.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.039. PROHIBITION ON EMINENT DOMAIN. The district may
not exercise the power of eminent domain.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.040. PROHIBITION ON IMPACT FEES AND ASSESSMENTS ON
CERTAIN PROPERTY. (a) Because the district is created in an
area that is devoted primarily to commercial and business
activity, the district may not impose an impact fee or assessment
on a single family residential property or a residential duplex,
triplex, quadriplex, or condominium.
(b) The district may not impose an impact fee or assessment on
the property, equipment, or facilities of a utility.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 385.071. BOARD OF DIRECTORS. Except as provided by this
subchapter, the district is governed by a board of five directors
elected by the voters of the district at large. Except as
provided by Sections 385.073(b) and 385.074, directors serve
staggered terms of four years and until their successors have
been elected and have qualified.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.072. QUALIFICATIONS. To be qualified to serve as an
elected director, a person must be at least 18 years of age and
be:
(1) a resident of the district;
(2) an owner of real property in the district;
(3) an owner of at least 10 percent of the outstanding interest
of a corporation or general or limited partnership that owns real
property in the district; or
(4) an agent, employee, officer, or director of any corporation
or partnership that owns real property in the district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.073. INITIAL BOARD. (a) On the effective date of this
Act, the initial board of directors is composed of the following
persons:
(1) Position One: Nanci Wright;
(2) Position Two: Gene Slater; and
(3) Position Three: Rohn Boone.
(b) The initial directors appointed to serve in Positions One
and Two shall serve until the first Saturday in May 2002, or
until their successors have been elected and been duly qualified.
The initial director appointed to serve in Position Three shall
serve until the first Saturday in May 2004, or until the
successor has been elected and been duly qualified.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.074. ELECTED BOARD. The board shall call and hold an
election on the first Saturday in May 2002 for the election of
directors to fill Positions One, Two, Four, and Five. Before the
election, the board shall determine which director, of the
directors serving in Positions Four and Five, shall serve a term
expiring in May 2004. The board shall call and hold an election
on the first Saturday in May 2004 to elect a director to Position
Three and elect a director to Position Four or Five, as
determined by the board.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.075. VACANCY. A vacancy in the office of director
shall be filled by appointment of a qualified individual by a
majority vote of the remaining directors. The board may remove a
director for misconduct or failure to carry out the director's
duties by unanimous vote of all of the remaining directors.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.076. DIRECTOR'S BOND. As soon as practicable after a
director is elected or appointed, the elected director shall
execute a bond for $10,000 payable to the district and
conditioned on the faithful performance of the director's duties.
All of the directors' bonds must be approved by the board. Each
director shall take the oath of office prescribed by the
constitution for public office. The bond and oath shall be filed
with the district and the district shall retain the bond and oath
in its records.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.077. OFFICERS; COMPENSATION; QUORUM. (a) The
directors shall elect a chair, a vice chair, a secretary, and any
other officers as the board considers necessary.
(b) A position on the board may not be construed to be a civil
office of emolument for any purpose, including those purposes
described in Section 40, Article XVI, Texas Constitution.
(c) A director is not entitled to compensation for service on
the board but is entitled to be reimbursed for necessary expenses
incurred in carrying out the duties and responsibilities of a
director.
(d) Three directors constitute a quorum for the consideration of
matters pertaining to the district, and a concurrence of a
majority of a quorum of directors shall be required for any
official action of the district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.078. COMMON LAW PRINCIPLES. A person who qualifies to
serve on the board is qualified to serve as a director and
participate in all votes pertaining to the business of the
district regardless of any common-law doctrine or statute
regarding conflict-of-interest, incompatibility, or similar
matter to the contrary.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.079. CONFIRMATION AND DIRECTORS ELECTION. (a) As soon
as practicable after all initial directors have qualified for
office, the initial directors shall hold an organizational
meeting and call a confirmation election to be held on the next
available uniform election date occurring not less than 45 days
after the date of the organizational meeting.
(b) The confirmation election shall be called and held to
confirm the establishment of the district in the manner provided
by Subchapter D, Chapter 49, Water Code. In the event a majority
of the votes cast at a confirmation election is against the
creation of the district, the board may not call another
confirmation election for six months after the date the former
confirmation election is held. Before a successful confirmation
election, the district:
(1) may not borrow money or impose or assess a tax; and
(2) may carry on any business as the board may determine except
as provided by Subdivision (1).
(c) An election to authorize or to discontinue the imposition
and assessment of taxes may be held in conjunction with a
confirmation or director election.
(d) The district shall hold an election for directors on the
first Saturday in May in each even-numbered year in the manner
provided by Subchapter D, Chapter 49, Water Code.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.080. OPEN RECORDS AND MEETINGS. Chapters 551 and 552,
Government Code, apply to the district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
SUBCHAPTER D. TAXES; BONDS; CONTRACTS
Sec. 385.111. LIMITED SALES AND USE TAX. (a) Words and phrases
used in this section that are defined by Chapters 151 and 321,
Tax Code, have the meanings assigned by Chapters 151 and 321, Tax
Code.
(b) Except as otherwise provided in this section, Subtitles A
and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to the
taxes and to the administration and enforcement of the taxes
imposed by the district in the same manner that those laws apply
to state taxes.
(c) The district may adopt, reduce, or repeal the limited sales
and use tax authorized by this section at an election in which a
majority of the qualified voters of the district voting in the
election approve the adoption or the abolition of the tax, as
applicable.
(d) The provisions of Subchapters C, D, E, and F, Chapter 323,
Tax Code, relating to county sales and use taxes shall apply to
the application, collection, and administration of a sales and
use tax imposed under this section to the extent consistent with
this chapter, as if references in Chapter 323, Tax Code, to a
county referred to the district and references to a commissioners
court referred to the board. Sections 323.401-323.404 and
323.505, Tax Code, do not apply to a tax imposed under this
section.
(e) A tax imposed under this section or the repeal or reduction
of a tax under this section takes effect on the first day of the
calendar quarter occurring after the date on which the
comptroller receives the copy of the resolution as required by
Section 323.405(b), Tax Code.
(f) On adoption of the tax authorized by this section, there is
imposed a tax of two percent, or the maximum rate at which the
combined tax rate of all local sales and use taxes in any
location in the district does not exceed two percent, on the
receipts from the sale at retail of taxable items within the
district, and an excise tax on the use, storage, or other
consumption within the district of taxable items purchased,
leased, or rented from a retailer within the district during the
period that the tax is in effect. The rate of the excise tax is
the same as the rate of the sales tax portion of the tax and is
applied to the sales price of the taxable item. With respect to a
taxable service, "use" means the derivation in the district of
direct or indirect benefit from the service.
(g) An election to authorize, reduce, or repeal a limited sales
and use tax may be called by order of the board and must be held
on the next available uniform election date established by
Section 41.001, Election Code, that occurs 45 or more days after
the date on which the order calling the election was passed.
Notice of the election shall be given and the election shall be
held and conducted in the manner prescribed by Chapter 54, Water
Code, for bond elections for municipal utility districts. The
ballots shall be printed to provide for voting for or against the
appropriate proposition:
(1) "Adoption of a ___ percent district sales and use tax within
the district;"
(2) "Reduction of the district sales and use tax within the
district from ___ percent to ___ percent;" or
(3) "Abolition of the district sales and use tax within the
district."
(h) If all or part of the territory of the district is annexed
by a municipality that has adopted and is imposing a sales and
use tax, the sales and use tax imposed by the district in the
annexed territory shall be reduced, if required, in even
multiples of one-eighth percent, and without the necessity for an
election, so that the combined rate of all sales and use taxes
imposed by the county, the annexing municipality, and all other
political subdivisions within the annexed territory of the
district will not exceed two percent, provided that a sales and
use tax previously adopted by the district for the annexed
territory shall not be reduced to less than one-half percent, and
provided further that no reduction of the district's sales and
use tax in the portions of the district not so annexed shall be
required.
(i) A tax imposed under this section or the reduction or repeal
of a tax under this section takes effect on the first day of the
calendar quarter occurring after the date on which the
comptroller receives the notice required by Section 323.405(b),
Tax Code.
(j) Not later than the 10th day after the date of the annexation
or exclusion of territory by the district or the annexation of
all or part of the territory of the district by a municipality
requiring a reduction of the district's sales and use tax as
provided by Subsection (h), the board shall send to the
comptroller, by certified or registered mail, certified copies of
all resolutions, orders, or ordinances pertaining to the
annexation or exclusion of the territory by a district or
municipality.
(k) The district may examine and receive information related to
the imposition, assessment, and collection of sales and use taxes
to the same extent as if the district were a municipality.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.112. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) The board by order may impose, repeal, or increase or
decrease the rate of a tax on a person who, under a lease,
concession, permit, right of access, license, contract, or
agreement, pays for the use or possession or for the right to use
or possess a room that is in a hotel located in the boundaries of
the district, costs $2 or more each day, and is ordinarily used
for sleeping. The amount of the tax may not exceed seven percent
of the price paid for a room in a hotel.
(c) Subchapter A, Chapter 352, Tax Code, governs a hotel
occupancy tax authorized under this section, including the
collection of the tax, except as inconsistent with this section
and Section 385.113, subject to the limitations prescribed by
Sections 352.002(b) and (c), Tax Code.
(d) The district may examine and receive information related to
the imposition, assessment, and collection of hotel occupancy
taxes to the same extent as if the district were a municipality.
(e) For purposes of this section, a reference in Subchapter A,
Chapter 352, Tax Code, to a county is a reference to the district
and a reference in Subchapter A, Chapter 352, Tax Code, to the
county's officers or governing body is a reference to the board.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.113. USE OF HOTEL OCCUPANCY TAX. (a) The district
shall apply the proceeds from a hotel occupancy tax imposed under
Section 385.112 for any of the district's purposes and for the
purposes described by Section 352. 1015, Tax Code, to the extent
considered appropriate by the board.
(b) During each interval of three calendar years following the
date on which a hotel occupancy tax imposed under Section 385.112
is initially collected, the board may not apply an annual average
of more than 10 percent of the amount of tax collected under that
section, excluding any interest earnings or investment profits
and after a deduction for the costs of imposing and collecting
the taxes, for the administrative expenses of the district or a
district purpose other than:
(1) the costs of advertising and promoting tourism; or
(2) the costs of business development and commerce, including
the costs of planning, designing, constructing, acquiring,
leasing, financing, owning, operating, maintaining, managing,
improving, repairing, rehabilitating, or reconstructing
improvement projects for conferences, conventions, and
exhibitions, manufacturer, consumer, or trade shows, and civic,
community, or institutional events.
(c) For purposes of this section, a reference in Subchapter B,
Chapter 352, Tax Code, to a county is a reference to the district
and a reference in Subchapter B, Chapter 352, Tax Code, to the
county's officers or governing body is a reference to the board.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.114. BONDS. (a) The district may issue bonds in the
manner provided by Subchapter J, Chapter 375. Sections 375.207
and 375.208 do not apply to bonds issued under this section.
(b) If the district issues bonds for the primary purpose of
providing water, sewage, or drainage facilities, the district
must obtain the commission's approval in the manner provided by
Section 49.181, Water Code.
(c) In addition to the sources of money described by Subchapter
J, Chapter 375, the bonds of the district may be secured and made
payable, wholly or partly, by a pledge of any part of the net
proceeds the district receives from the sales and use tax
authorized by Section 385.111 and the hotel occupancy tax
authorized by Section 385.112.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.115. CONTRACTS WITH DISTRICT. (a) A contract the
district enters into to carry out a purpose of this chapter may
be on any terms and for any period of time as the board may
determine.
(b) Notwithstanding any other law or charter provision, a state
agency, municipality, county, other political subdivision,
corporation, individual, or other entity may contract with the
district to carry out the purposes of this chapter without any
further authorization.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
SUBCHAPTER E. DISSOLUTION
Sec. 385.131. DISSOLUTION. The board by majority vote may
dissolve the district at any time. The board shall dissolve the
district on written petition of the owners of 75 percent of the
acreage of real property in the district.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.132. INDEBTEDNESS AND CONTRACTUAL OBLIGATIONS. The
board may not dissolve the district until the district's
outstanding indebtedness or contractual obligations have been
repaid or discharged.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.
Sec. 385.133. TRANSFER OF PROPERTY AND ASSETS. After the board
elects to dissolve the district, the board shall transfer
ownership of all property and assets of the district to Smith
County.
Added by Acts 2001, 77th Leg., ch. 1204, Sec. 1, eff. June 15,
2001.