CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT OF PALO PINTO COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT
OF PALO PINTO COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3870.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a board member.
(3) "District" means the Maverick Improvement District of Palo
Pinto County.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.002. NATURE OF DISTRICT. The district is a special
district created under Section 59, Article XVI, and Sections 52
and 52-a, Article III, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
The temporary directors shall hold an election to confirm the
creation of the district and to elect five permanent directors as
provided by Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 3870.003 until
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located has consented by ordinance
or resolution to the creation of the district and to the
inclusion of land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public purpose and benefit. By
creating the district and in authorizing the county of Palo Pinto
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 district is created to accomplish the purposes of
promoting, developing, encouraging, and maintaining employment,
commerce, transportation, housing, tourism, recreation, economic
development, safety, and the public welfare in the district and
to accomplish the purposes of:
(1) a municipal utility district as provided by general law and
Section 59, Article XVI, Texas Constitution;
(2) a county development district as provided by general law and
Section 52-a, Article III, Texas Constitution;
(3) Section 52, Article III, Texas Constitution, related to the
construction, acquisition, improvement, operation, or maintenance
of macadamized, graveled, or paved roads, or improvements,
including storm drainage, in aid of those roads; and
(4) Section 52-a, Article III, Texas Constitution, related to
the provision of public recreational facilities, including docks
and boat access facilities, pedestrian ways and street lighting
and parking, and the installation of signage and landscaping and
the development of certain areas in the district that are
necessary for the restoration, preservation, and enhancement of
scenic beauty.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.006. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3870.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3870.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.052. TEMPORARY DIRECTORS. (a) On or after September
1, 2009, the owner or owners of a majority of the assessed value
of the real property in the district may submit a petition to the
Texas Commission on Environmental Quality requesting that the
commission appoint as temporary directors the five persons named
in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under Section
3870.003; or
(2) September 1, 2013.
(c) If permanent directors have not been elected under Section
3870.003 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (d) to serve terms that expire on the
earlier of:
(1) the date permanent directors are elected under Section
3870.003; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(d) If Subsection (c) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the
five persons named in the petition.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3870.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.
The district has the powers and duties provided by the general
law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section
59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.103. ROAD PROJECTS. Under Section 52, Article III,
Texas Constitution, the district may design, acquire, construct,
finance, improve, operate, and maintain macadamized, graveled, or
paved roads, or improvements, including storm drainage, in aid of
those roads, and may convey those roads or improvements to this
state, a county, or a municipality to operate and maintain.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning
and subdivision requirements, and regulatory ordinances of a
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the road project
must meet all applicable construction standards, zoning and
subdivision requirements, and orders of a county in which the
road project is located.
(c) If the state will maintain and operate the road, the Texas
Transportation Commission must approve the plans and
specifications of the road project.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. The district shall comply with all applicable
requirements of any ordinance or resolution adopted by the
governing body of a municipality under Section 54.016 or 54.0165,
Water Code, that consents to the creation of the district or to
the inclusion of land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain only inside the
district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.107. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any
person.
(b) The board may enter into a contract with another political
subdivision or the state to share the costs of construction,
acquisition, operation, or maintenance of a transportation
improvement, including a road, a bridge, a culvert, a parking
facility, or another public improvement.
(c) The implementation of a district project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.108. DIVISION OF DISTRICT. (a) The district may be
divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers
and duties of the district.
(c) Any new district created by the division of the district may
not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owners of a majority of the assessed value of real
property in the district according to the most recent certified
appraisal roll for the county in which the district is located,
may adopt an order dividing the district. An order dividing the
district may be adopted before or after an election to confirm
the district as required by Section 3870.003.
(e) The board may adopt an order dividing the district before or
after the date the board holds an election under Section 3870.003
to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between
each new district.
(g) On or before the 30th day after the adoption of an order
dividing the district, the district shall file the order dividing
the district with the Texas Commission on Environmental Quality
and record the order in the real property records of the county
in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 49.102, Water Code.
(i) Municipal consent to the creation of the district and to the
inclusion of land in the district granted under Section 3870.004
acts as municipal consent to the creation of any new district
created by the division of the district and to the inclusion of
land in the new district.
(j) Any new district created by the division of the district
must hold an election in the manner provided by Chapters 49 and
54, Water Code, to obtain voter approval before the district may
impose a maintenance tax or issue bonds payable wholly or partly
from ad valorem taxes.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3870.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3870.153.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3870.151, the
district may impose an operation and maintenance tax on taxable
property in the district as provided by Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.153. CONTRACT TAXES. (a) As provided by Section
49.108, Water Code, the district may impose a tax other than an
operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district
voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.154. POWERS OF COUNTY DEVELOPMENT DISTRICT. The
district has the powers of a county development district provided
by Chapter 383, Local Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.155. SALES AND USE TAX; ELECTION. (a) The district
may adopt a sales and use tax as provided by Chapter 383, Local
Government Code, after an election in which the majority of the
voters of the district voting in the election authorize the
adoption of the tax.
(b) The board by order may call an election to authorize a sales
and use tax. The election may be held with any other district
election.
(c) The district shall provide notice of the election and shall
hold the election in the manner prescribed by Section 3870.151.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.156. SALES AND USE TAX RATE. (a) On adoption of the
tax authorized by Section 3870.155, there is imposed a tax 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 in the district of taxable items purchased, leased,
or rented from a retailer in the district during the period after
the tax is in effect.
(b) The board shall determine the rate of the tax, which may be
in one-eighth of one percent increments not to exceed the maximum
rate authorized by the district voters at the election. The
board may lower the tax rate to the extent it does not impair any
outstanding debt or obligations payable from the tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.157. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) 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.
(c) Except as inconsistent with this section, Subchapter A,
Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this section, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
(d) The district may impose a hotel occupancy tax for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; and
(3) provide a service.
(e) The district may examine and receive information related to
the imposition of hotel occupancy taxes to the same extent as if
the district were a county.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 3870.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds or other obligations payable wholly
or partly from ad valorem taxes, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.202. 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 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.
245, Sec. 1, eff. September 1, 2009.
Sec. 3870.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects and
payable from ad valorem taxes may not exceed one-fourth of the
assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
245, Sec. 1, eff. September 1, 2009.