CHAPTER 3853. DICKINSON MANAGEMENT DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3853. DICKINSON MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3853.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Dickinson Management District No. 1.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.002. DICKINSON MANAGEMENT DISTRICT NO. 1. The
Dickinson Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes
of Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Dickinson, Galveston County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section
52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Galveston County or the City of Dickinson
from providing the level of services provided as of the effective
date of this Act to the area in the district. The district is
created to supplement and not to supplant the county or city
services provided in the area in the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(c) The creation of the district is in the public interest and
is essential to:
(1) further the public purposes of developing and diversifying
the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to preserve,
maintain, and enhance the economic health and vitality of the
district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) 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.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act
enacting this chapter, as that territory may have been modified
under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Section 3853.108; or
(3) other law.
(b) The boundaries and field notes of the district contained in
Section 2 of the Act enacting this chapter form a closure. A
mistake in the field notes or in copying the field notes in the
legislative process does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for which the
district is created or to pay the principal of and interest on
the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by a municipality
under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by a municipality
under Chapter 312, Tax Code; or
(3) an enterprise zone created by a municipality under Chapter
2303, Government Code.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.008. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS
LAW. Except as otherwise provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3853.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The governing body of the City of Dickinson may change the
number of voting directors on the board. The board may not
consist of fewer than five or more than 15 voting directors.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.052. APPOINTMENT OF DIRECTORS. (a) The mayor and
members of the governing body of the City of Dickinson shall
appoint voting directors from persons recommended by the board.
A person is appointed if a majority of the members of the
governing body, including the mayor, vote to appoint that person.
(b) Section 375.063, Local Government Code, does not apply to
the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including death,
resignation, or disqualification;
(2) a director who is abstaining from participation in a vote
because of a conflict of interest; or
(3) a nonvoting director.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
For expiration of this section, see Subsection (c).
Sec. 3853.055. INITIAL VOTING DIRECTORS. (a) The mayor and the
members of the governing body of the City of Dickinson shall
appoint the five initial voting directors by position.
(b) Of the initial directors, the terms of directors appointed
for positions 1 through 3 expire June 1, 2007, and the terms of
directors appointed for positions 4 and 5 expire June 1, 2009.
(c) This section expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3853.101. ADDITIONAL POWERS OF DISTRICT. The district may
exercise the powers given to:
(1) a corporation under Chapter 505, Local Government Code,
including the power to own, operate, acquire, construct, lease,
improve, or maintain a project described by that chapter; and
(2) a housing finance corporation under Chapter 394, Local
Government Code, to provide housing or residential development
projects in the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.68, eff. April 1, 2009.
Sec. 3853.102. 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
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 the board of
directors of a local government corporation created under Chapter
431, Transportation Code, except that a member of the board of
the nonprofit corporation is not required to reside in the
district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.103. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental function
or service for the purposes of Chapter 791, Government Code.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with a
qualified party, including Galveston County or the City of
Dickinson, to provide law enforcement services in the district
for a fee.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.105. APPROVAL BY CITY OF DICKINSON. (a) Except as
provided by Subsection (c), the district must obtain the approval
of the City of Dickinson's governing body for:
(1) the issuance of a bond for each improvement project;
(2) the imposition of a sales and use tax;
(3) the plans and specifications of the improvement project
financed by the bond; and
(4) the plans and specifications of any district improvement
project related to the use of land owned by the City of
Dickinson, an easement granted by the City of Dickinson, or a
right-of-way of a street, road, or highway.
(b) The approval obtained for the issuance of bonds or the
imposition of a sales and use tax must be a resolution by the
City of Dickinson. The approval obtained for plans and
specifications must be a permit issued by the City of Dickinson.
(c) If the district obtains the approval of the City of
Dickinson's governing body 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 Dickinson.
(d) The City of Dickinson and the district may agree on
conditions for obtaining the approval of the city under this
section, including an agreement for the approval of a sales and
use tax that requires the district to abolish or decrease the
rate of the tax if the rate, when combined with other local sales
and use taxes, results in a combined tax rate of more than two
percent in any location in the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3), (4), or
(6), Internal Revenue Code of 1986; and
(2) performs a service or provides an activity consistent with
the furtherance of a district purpose.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.107. ECONOMIC DEVELOPMENT PROGRAMS AND OTHER POWERS
RELATED TO PLANNING AND DEVELOPMENT. (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, including bond
proceeds; 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 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.108. ANNEXATION. In addition to the authority to
annex territory under Subchapter J, Chapter 49, Water Code, the
district may by board resolution annex territory located in the
City of Dickinson if the city's governing body votes in favor of
the annexation.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.109. NO EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3853.151. 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 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.152. 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 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this
chapter 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 a majority of the assessed value of real
property in the district subject to assessment according to the
most recent certified tax appraisal roll for Galveston County; or
(2) at least 25 persons who own real property in the district,
if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for
Galveston County.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.154. METHOD OF NOTICE FOR HEARING. The district may
mail the notice required by Section 375.115(c), Local Government
Code, by certified United States mail or an equivalent service
that can provide a record of mailing or other delivery.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any
purpose authorized by this chapter.
(b) An assessment, a reassessment, or an assessment resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or
claim for county, school district, or municipal ad valorem taxes;
and
(3) are the personal liability of and a charge against the
owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment
of any parcel of land without providing notice and holding a
hearing in the manner required for additional assessments.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment 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 person who provides to the public cable television or
advanced telecommunications services.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.157. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue bonds or other obligations, by competitive bid or
negotiated sale, payable wholly or partly from sales and use
taxes, assessments, impact fees, revenue, grants, or other money
of the district, or any combination of those sources of money, to
pay for any authorized purpose of the district.
(b) The district may issue a bond or other obligation in the
form of a bond, note, certificate of participation or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation.
(c) Section 375.243, Local Government Code, does not apply to
the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.158. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.
Except as provided by Section 375.263, Local Government Code, the
City of Dickinson is not required to pay a bond, note, or other
obligation of the district.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.159. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.160. 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 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
SUBCHAPTER E. SALES AND USE TAX
Sec. 3853.201. MEANINGS OF WORDS AND PHRASES. Words and phrases
used in this subchapter that are defined by Chapters 151 and 321,
Tax Code, have the meanings assigned by Chapters 151 and 321, Tax
Code.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.202. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.
(a) Except as otherwise provided by this subchapter, Subtitles A
and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to
taxes imposed under this subchapter and to the administration and
enforcement of those taxes in the same manner that those laws
apply to state taxes.
(b) The provisions of Subchapters B, C, and D, Chapter 321, Tax
Code, relating to municipal sales and use taxes apply to the
application, collection, change, and administration of a sales
and use tax imposed under this subchapter to the extent
consistent with this chapter, as if references in Chapter 321,
Tax Code, to a municipality referred to the district and
references to a governing body referred to the board.
(c) Sections 321.401-321.406 and Subchapter F, Chapter 321, Tax
Code, do not apply to a tax imposed under this subchapter.
(d) Section 321.203(l), Tax Code, as added by Chapter 1155, Acts
of the 78th Legislature, Regular Session, 2003, does not apply to
a tax imposed in the district boundaries.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.203. AUTHORIZATION. The district may adopt a sales
and use tax for the benefit of the district. The board is not
required to hold an election to adopt the tax.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.204. ABOLISHING SALES AND USE TAX. (a) Except as
provided in Subsection (b), the board, with the consent of the
governing body of the City of Dickinson, may abolish the sales
and use tax without an election.
(b) The board may not abolish the sales and use tax if the
district has outstanding debt secured by the tax.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
Sec. 3853.205. SALES AND USE TAX RATE. (a) On adoption of the
tax authorized by this subchapter, there is imposed a tax at the
rate authorized by the district 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.
(b) 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.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.
SUBCHAPTER F. DISSOLUTION
Sec. 3853.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.
(a) The board may dissolve the district regardless of whether
the district has debt. Section 375.264, Local Government Code,
does not apply to the district.
(b) If the district has debt when it is dissolved, the district
shall remain in existence solely for the purpose of discharging
its debts. The dissolution is effective when all debts have been
discharged.
Added by Acts 2005, 79th Leg., Ch.
458, Sec. 1, eff. June 17, 2005.