CHAPTER 3818. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3818. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3818.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Commission" means the Texas Commission on Environmental
Quality.
(3) "District" means the Harris County Improvement District No.
1.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1. A
special district known as the "Harris County Improvement District
No. 1" is a political subdivision of this state created under
Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 1, eff. June 19, 2009.
Sec. 3818.003. PURPOSE; DECLARATION OF INTENT. The creation of
the district is essential to accomplish the purposes of Section
52, Article III, and Section 59, Article XVI, Texas Constitution,
and other public purposes as provided by this chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit. Each
improvement project or service authorized by this chapter carries
out a public purpose.
(b) All land and other property included in the district will
benefit from the works and projects that are to be accomplished
by the district under powers conferred by Section 52, Article
III, and Section 59, Article XVI, Texas Constitution, Vernon's
Texas Civil Statutes, and other powers granted under this
chapter.
(c) The creation of the district is essential to:
(1) the economic diversification of the state;
(2) the elimination of unemployment and underemployment; and
(3) the stimulation of transportation and commerce.
(d) The creation of the district is in the public interest and
will promote the health, safety, and general welfare of its
residents and the public.
(e) The present and prospective traffic congestion in the
district, the safety of pedestrians, and the limited availability
of funds require the promotion and development of public
transportation and pedestrian facilities and systems by new and
alternative means. The district will serve the public purpose of
securing expanded and improved transportation and pedestrian
facilities and systems.
(f) The district will promote the health, safety, welfare,
morals, convenience, and enjoyment of the public by landscaping
and developing certain areas in the district that are necessary
for the restoration, preservation, and enhancement of scenic and
aesthetic beauty.
(g) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests, as well as the public.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 1026,
Acts of the 70th Legislature, Regular Session, 1987, as that
territory may have been modified under:
(1) Section 3818.106, or its predecessor, Section 13, Chapter
1026, Acts of the 70th Legislature, Regular Session, 1987;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district contained in
Section 3, Chapter 1026, Acts of the 70th Legislature, Regular
Session, 1987, form a closure. A mistake made in the field notes
or in copying the field notes in the legislative process does not
affect:
(1) the organization, existence, or validity of the district;
(2) the right of the district to issue any type of bond,
including a refunding bond, for a purpose for which the district
is created or to pay the principal of and interest on a bond;
(3) the right of the district to impose an assessment or a tax;
or
(4) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.006. APPLICABILITY OF OTHER LAW. Except as otherwise
provided, Chapter 375, Local Government Code, applies to the
district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformance with the legislative
findings and purposes stated in this chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3818.051. COMPOSITION; TERMS. (a) The district is
governed by a board of 12 directors.
(b) The commission appoints the directors to positions numbered
1 through 12.
(c) Directors serve staggered four-year terms.
(d) The commission shall appoint directors from persons
recommended by the board.
(e) The board by resolution may change the number of directors
on the board, but only if the board determines that the change is
in the best interest of the district. The board may not consist
of fewer than 9 or more than 15 directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 2, eff. June 19, 2009.
Sec. 3818.052. QUALIFICATIONS FOR OFFICE. (a) A director must
meet the requirements provided by Section 375.063, Local
Government Code.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 889, Sec. 11(1),
eff. June 19, 2009.
(c) A person who owns a partnership interest, whether general or
limited, or who has a lease with a remaining term of 30 years or
more, excluding options, is considered to be an owner of land for
purposes of this chapter.
(d) 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.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 11(1), eff. June 19, 2009.
Sec. 3818.054. VACANCY. The board by appointment shall fill a
vacancy on the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 4, eff. June 19, 2009.
Sec. 3818.055. REMOVAL OF DIRECTOR. The commission may remove a
director for misconduct or failure to carry out the director's
duties after a petition by a majority of the other directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3818.101. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation
to assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of this
chapter to be a local government corporation created under
Subchapter D, Chapter 431, Transportation Code; and
(2) may implement any project and provide any service authorized
by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as, for the same term
as, and on the conditions of the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.102. AGREEMENTS; GRANTS. (a) The district may make a
contract, lease, or other agreement with, or accept a grant or
loan from, any person to carry out a purpose of this chapter on
the terms and conditions and for the period of time determined by
the board.
(b) A person may contract with the district to carry out the
purposes of this chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.103. USE OF CONDUITS. (a) The district may:
(1) finance, acquire, construct, improve, operate, maintain, or
charge a fee for the use of its own conduits for fiber-optic
cable, electronic transmission lines, or other types of
transmission lines and supporting facilities; or
(2) finance, acquire, construct, improve, operate, or maintain
conference centers and supporting facilities.
(b) This section does not authorize the district to require a
person to use a conduit authorized by this section.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.104. REGULATION OF SIGNS. The board by rule may
regulate signs in the district. The board may require the
removal of a sign that does not conform to a rule adopted under
this section.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.105. EXCLUSION OF TERRITORY; HEARING. (a) At any
time, the board may on its own motion call a hearing on the
question of the exclusion of land from the district as provided
by Chapter 49, Water Code, if the exclusion is practicable, just,
or desirable.
(b) The board shall call a hearing on the exclusion of land or
other property from the district if, before the issuance of bonds
has been authorized, a property owner in the district files a
written petition with the secretary of the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.106. ANNEXATION. (a) Subject to the approval of the
governing body of the City of Houston the district may:
(1) annex territory in accordance with Subchapter J, Chapter 49,
Water Code; or
(2) annex territory located inside the boundaries of a
reinvestment zone created under Chapter 311, Tax Code, as those
boundaries existed on September 1, 2001.
(b) The district may annex territory described by Subsection
(a)(2) only if:
(1) the district holds a public hearing on the proposed
annexation and publishes notice in the district not later than
the 15th day before the date of the hearing; and
(2) a majority of the qualified voters of the territory that the
district proposes to annex voting at an election held within that
territory approve:
(A) the annexation;
(B) the assumption of the bonds, notes, obligations, taxes, and
special assessments created before the annexation of the area to
the district; and
(C) the assumption of the bonds of the district payable wholly
or partly from taxes or special assessments that have been voted
previously but not yet issued or sold and the imposition of an ad
valorem tax or special assessment on all taxable property within
the annexed area for the payment of the bonds.
(c) If the voters approve each proposition under Subsection
(b)(2), the board may adopt an order adding the annexed territory
to the district.
(d) An election under Subsection (b) must be held and notice
must be given in the territory that the district proposes to
annex in the same manner as provided for a bond election held by
the district. The district may hold an election to annex
territory on the same day as another district election.
(e) The board may:
(1) call an election to annex territory by a separate election
order or as a part of another election order;
(2) submit multiple purposes in a single proposition at an
election; or
(3) order multiple elections to annex the same territory.
(f) The district may annex defined areas of land, regardless of
whether the areas are contiguous to the district.
(g) An annexed area shall bear that area's pro rata share of all
bonds, notes, or other obligations, taxes, or special assessments
that may be owed, contracted for, or authorized by the district.
(h) The election, notice, and hearing requirements imposed by
Subsections (b)-(g) do not apply to an annexation under
Subsection (a)(1).
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.107. DATE OF ELECTIONS. An election held in the
district is not required to be held on a uniform election date
provided by Section 41.001, Election Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.108. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
district must obtain approval from the governing body of the City
of Houston and the department of planning of the City of Houston
of the plans and specifications of any improvement project that
involves the use of a right-of-way of a street, road, or highway
or the use of municipal land.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.109. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.110. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with a
qualified party, including Harris County, the City of Houston, or
any licensed peace officer, for the provision of law enforcement
services in the district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 5, eff. June 19, 2009.
Sec. 3818.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 5, eff. June 19, 2009.
Sec. 3818.112. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district
may establish and provide for the administration of one or more
programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality under
Chapter 380, Local Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 5, eff. June 19, 2009.
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3818.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED. (a)
The district may acquire, lease as lessor or lessee, construct,
develop, own, operate, and maintain a public transit system to
serve the area within the boundaries of the district.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 889, Sec. 11(3),
eff. June 19, 2009.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 11(3), eff. June 19, 2009.
Sec. 3818.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
lease as lessor or lessee, construct, develop, own, operate, and
maintain parking facilities or a system of parking facilities,
including:
(1) lots, garages, parking terminals, or other structures or
accommodations for parking motor vehicles off the streets; and
(2) equipment, entrances, exits, fencing, and other accessories
necessary for safety and convenience in parking vehicles.
(b) A parking facility of the district must be leased to or
operated for the district by an entity other than the district.
(c) The district's parking facilities serve a public purpose
under Section 3818.003 and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term
of years.
(d) The district's public parking facilities and any lease to a
private entity are exempt from the payment of ad valorem taxes
and state and local sales and use taxes.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.153. RULES FOR TRANSIT OR PARKING SYSTEM. (a) The
district may adopt rules covering its public transit system and
its public parking system.
(b) Rules adopted under this section that relate to or affect
the use of the public right-of-way or a requirement for
off-street parking are subject to all applicable municipal
charter, code, and ordinance requirements.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.154. PAYING COST OF PUBLIC TRANSIT SYSTEM OR PARKING
FACILITIES. (a) The district may use any of its resources,
including revenue, assessments, taxes, and grant or contract
proceeds, to pay the cost of acquiring or operating a public
transit system or a system of public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or tolls for
the use of the public transit system or the public parking
facilities; and
(2) issue bonds or notes to finance the cost of these
facilities.
(c) If the district pays for or finances the cost of acquiring
and operating a public transit system or a system of public
parking facilities with resources other than assessments, a
petition of property owners or public hearing is not required,
just as a petition of property owners and public hearing on the
petition are not required for the provision of all other district
services and improvements that are not paid for or financed with
assessments. Notwithstanding this subsection, a petition is
required as provided by Section 3818.151 before the district may
construct transit improvements.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.155. PAYMENT INSTEAD OF TAXES TO OTHER TAXING UNITS.
If the district's acquisition of property for a parking facility
that is leased to or operated by a private entity results in
removing from a taxing unit's tax rolls real property otherwise
subject to ad valorem taxation, the district shall pay to the
taxing unit in which the property is located, on or before
January 1 of each year, as a payment instead of taxes, an amount
equal to the ad valorem taxes that otherwise would have been
imposed for the preceding tax year on that real property by the
taxing unit, without including the value of any improvements
constructed on the property.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3818.201. NOTICE AND HEARING REQUIRED. The board may
finance a service or improvement project under this chapter with
assessments after:
(1) notice of a hearing has been given as required by Section
3818.202; and
(2) the board holds a public hearing on the advisability of the
service or improvement and the proposed assessments.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 6, eff. June 19, 2009.
Sec. 3818.202. NOTICE OF HEARING. (a) Except as provided by
this section, notice of a hearing on financing improvement
projects or services shall be given as provided by Section
375.115, Local Government Code.
(b) The final publication must be made:
(1) not later than the 15th day before the date of the hearing;
and
(2) in a newspaper of general circulation in each county in
which the district is located.
(c) Written notice required by Section 375.115(c), Local
Government Code, must be made not later than the 15th day before
the date of the hearing.
(d) The district may mail the notice required by Section
375.115(c), Local Government Code, by certified or first class
United States mail. The board shall determine the method of
notice.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 7, eff. June 19, 2009.
Sec. 3818.203. HEARING PROCEDURE. (a) The board may appoint a
director, a district employee, or any other person as hearings
examiner to conduct hearings required by the board.
(b) A hearing under this subchapter shall be conducted in the
manner provided for contested cases under Chapter 2001,
Government Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.204. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENT PROJECTS. (a) The board may not finance a service
or improvement project under this chapter with assessments unless
a written petition requesting that service or improvement has
been filed with the board.
(b) The petition must be signed by:
(1) the owners of 50 percent of the assessed value of the
property in the district subject to assessment based on the most
recent certified county tax appraisal roll; or
(2) the owners of 50 percent or more of the surface area of the
district subject to assessment, excluding roads, streets,
highways, and utility rights-of-way, based on the most recent
certified county tax appraisal roll.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 8, eff. June 19, 2009.
Sec. 3818.205. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. (a) The district may impose an ad
valorem tax, assessment, or impact fee in accordance with Chapter
375, Local Government Code, to provide an improvement or service
for a project or activity the district may acquire, construct,
improve, or provide under this chapter.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 889, Sec. 11(4),
eff. June 19, 2009.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 9, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 11(4), eff. June 19, 2009.
Sec. 3818.206. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS AND
IMPACT FEES. The district may not impose an assessment or impact
fee on the property, including the equipment, rights-of-way,
facilities, or improvements of:
(1) an electric utility or a power generation company as defined
by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or 121.001,
Utilities Code;
(3) a telecommunications provider as defined by Section 51.002,
Utilities Code; or
(4) a cable system as defined by Section 602, Communications Act
of 1934 (47 U.S.C. Section 522), as amended.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.207. BONDS; APPROVAL BY CITY OF HOUSTON. (a) Except
as provided by Subsection (b), the district must obtain the
approval of the director of public works of the City of Houston
for the issuance of bonds for any improvement project.
(b) If the district obtains approval from the governing body of
the City of Houston of a capital improvements budget for a period
not to exceed five years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the City of Houston.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.209. ASSESSMENTS AND BOND LIMIT. The board may not
issue bonds or impose assessments that exceed 10 percent of the
assessed value of the property in the district based on the most
recent certified county tax appraisal roll.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.210. APPEAL OF ASSESSMENT. A property owner may
appeal the board's decision on an assessment to a district court
that has jurisdiction in the district by filing notice of the
appeal with the court not later than the 30th day after the date
of the board's final decision.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.211. PAYMENT BY EXEMPT JURISDICTIONS. Payment of
assessments by exempt jurisdictions, if any, shall be established
by contract.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3818.212. DISBURSEMENTS AND TRANSFERS OF MONEY. The board
by resolution shall establish the number of directors' signatures
and the procedure required for a disbursement or transfer of the
district's money.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.213. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.214. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section
3818.217, the district may impose an operation and maintenance
tax on taxable property in the district in accordance with
Section 49.107, Water Code, for any district purpose, including
to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.215. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS.
(a) The district may borrow money on terms and conditions as
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from
a bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue by competitive bid or negotiated sale
bonds, notes, or other obligations payable wholly or partly from
ad valorem taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district
purpose.
(c) The limitation on the outstanding principal amount of bonds,
notes, and other obligations provided by Section 49.4645, Water
Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.216. TAXES FOR BONDS. At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the board
shall provide for the annual imposition of a continuing direct ad
valorem tax, without limit as to the rate or amount, while all or
part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.217. ELECTIONS REGARDING TAXES AND BONDS. (a) The
district may issue, without an election, bonds, notes, and other
obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner provided by
Subchapter L, Chapter 375, Local Government Code, to obtain voter
approval before the district may impose an ad valorem tax or
issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply to
the district.
(d) All or part of any facilities or improvements that the
district may acquire by the issuance of district bonds may be
submitted as a single proposition or as several propositions to
be voted on at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.218. COMPETITIVE BIDDING. Subchapter I, Chapter 49,
Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
Sec. 3818.219. TAX AND ASSESSMENT ABATEMENTS. The district may
grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
889, Sec. 10, eff. June 19, 2009.
SUBCHAPTER F. DISSOLUTION
Sec. 3818.251. APPLICABILITY OF OTHER LAW; EXCEPTION.
Subchapter M, Chapter 375, Local Government Code, applies to the
district except that in determining the percentage of surface
area under Section 375.262(2), Local Government Code, other
public areas and other property exempt from assessment under
Sections 375.161, 375.163, and 375.164 are not excluded.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.