CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3872.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a board member.
(3) "District" means the Chambers County Improvement District
No. 2.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.002. NATURE OF DISTRICT. The district is a special
district created under Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.003. 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 3872.003 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.005. 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, the legislature has
established a program to accomplish the public purposes set out
in Sections 52 and 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 the City of Baytown, Chambers County, or
any other governmental entity from providing the level of
services provided, as of the effective date of the Act creating
this chapter, to the area in the district. The district is
created to supplement and not to supplant the governmental
services provided in the area in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.006. 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;
(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;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, parking, 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.007. 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 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 the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All
or any part of the area of the district may be included in:
(1) a tax increment reinvestment zone created under Chapter 311,
Tax Code;
(2) a tax abatement reinvestment zone created under Chapter 312,
Tax Code;
(3) an enterprise zone created under Chapter 2303, Government
Code; or
(4) an industrial district created under Chapter 42, Local
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.009. 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.010. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3872.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors elected or appointed as
provided by this chapter and Chapter 49, Water Code.
(b) Except as provided by Section 3872.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, 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
3872.003; or
(2) the fourth anniversary of the effective date of the Act
creating this chapter.
(c) If permanent directors have not been elected under Section
3872.003 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
3872.003; 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.053. COMPENSATION. A director is entitled to receive
fees of office and reimbursement for actual expenses as provided
by Section 49.060, Water Code, for directors of a municipal
utility district. Sections 375.069 and 375.070, Local Government
Code, do not apply to the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3872.101. GENERAL POWERS. (a) The district may purchase,
construct, acquire, own, operate, maintain, improve, or extend,
inside and outside the district, works, facilities, and
improvements necessary or convenient to accomplish the purposes
of the district authorized by Sections 52 and 52-a, Article III,
and Section 59, Article XVI, Texas Constitution.
(b) The district has the rights, powers, privileges, authority,
and functions conferred by the general law of this state
applicable to:
(1) a municipal management district, including Chapter 375,
Local Government Code; and
(2) municipal utility districts, including Chapters 49 and 54,
Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.102. RECREATIONAL FACILITIES. The district may
develop or finance recreational facilities as authorized by
Chapter 375, Local Government Code, Sections 52 and 52-a, Article
III, Texas Constitution, and any other law that applies to the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.103. EVALUATION OF FEASIBILITY. For purposes of any
applicable evaluation by the Texas Commission on Environmental
Quality of the economic feasibility of the district or its
project and bonds, debt service tax rate, maintenance tax rate,
or overlapping tax rate, the commission shall treat the district
as a municipal utility district situated wholly within Harris
County, Texas.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section 52,
Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, and convey
to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads or
improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning
and subdivision requirements, and regulations of each
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, subdivision
requirements, and regulations of each 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.106. DEVELOPMENT CORPORATION POWERS. The district may
exercise the powers given to a development 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.107. 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
corporation's board of directors is not required to reside in the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.108. 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.109. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with a
qualified party, including Chambers County or the City of
Baytown, for the provision of law enforcement services in the
district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.110. 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.111. 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.112. STRATEGIC PARTNERSHIP AGREEMENT. The district
may negotiate and enter into a written strategic partnership
agreement with a municipality under Section 43.0751, Local
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.113. LIMITED EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain only for the purposes, only
to the extent, and subject to the limitations the general law
provides for a municipal utility district.
(b) The district may not exercise the power of eminent domain
outside the district to acquire a site or easement for:
(1) a road project authorized by Section 3872.104; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.114. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter J,
Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.115. FIREFIGHTING AND EMERGENCY MEDICAL SERVICES.
Subchapter L, Chapter 49, Water Code, applies to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3872.151. 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
district may acquire, construct, finance, operate, maintain, or
provide any works, facilities, improvements, or services
authorized under this chapter, Chapter 375, Local Government
Code, or Chapters 49 and 54, Water Code, using any money
available to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.153. 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) A petition filed under Subsection (a) 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 Chambers County; or
(2) at least 25 persons who own real property in the district
subject to assessment, if more than 25 persons own real property
in the district subject to assessment as determined by the most
recent certified tax appraisal roll for Chambers County.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.154. METHOD OF NOTICE FOR HEARING. 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(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 are:
(1) a first and prior lien against the property assessed;
(2) superior to any other lien or claim other than a lien or
claim for county, school district, or municipal ad valorem taxes;
and
(3) 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.156. 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 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.157. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section
3872.161, 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.158. CONTRACT TAXES. (a) In accordance with 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.159. 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 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.160. 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
annual 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.161. ELECTIONS REGARDING TAXES AND BONDS. (a) The
district may issue, without an election, bonds, notes, and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3872.158.
(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) 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.
(d) 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.162. 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.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.163. 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.
873, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3872.201. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district
as a whole.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.202. PROCEDURE FOR ELECTION. (a) Before the district
may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the
board shall call and hold an election in the defined area or
within the boundaries of the designated property only.
(b) The election shall be conducted as provided by Section
3872.161.
(c) The board may submit the issues to the voters on the same
ballot to be used in another election.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.203. DECLARING RESULTS AND ISSUING ORDER. (a) If a
majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it
by metes and bounds or designate the specific property.
(b) The board's order is not subject to judicial review except
on the ground of fraud, palpable error, or arbitrary and
confiscatory abuse of discretion.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.204. TAXES FOR IMPROVEMENTS AND FACILITIES IN DEFINED
AREAS OR DESIGNATED PROPERTY. On voter approval and adoption of
the order described by Section 3872.203, the district may apply
separately, differently, equitably, and specifically its taxing
power and lien authority to the defined area or designated
property to provide money to construct, administer, maintain, and
operate services, improvements, and facilities that primarily
benefit the defined area or designated property.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.205. ISSUANCE OF BONDS FOR DEFINED AREA OR DESIGNATED
PROPERTY. After the order under Section 3872.203 is adopted, the
district may issue bonds to provide for any land, improvements,
facilities, plants, equipment, and appliances for the defined
area or designated property.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
SUBCHAPTER F. MUNICIPAL ANNEXATION AND EFFECT ON MUNICIPAL POWERS
Sec. 3872.251. MUNICIPAL ANNEXATION OF THE DISTRICT.
Notwithstanding Chapter 43, Local Government Code, a municipality
in whose extraterritorial jurisdiction the district is located
may annex all or part of the district. Municipal annexation of
all or part of the district has no effect on the validity of the
district and the district shall continue to exist and exercise
the powers granted by this Act. Municipal annexation does not
result in total or partial dissolution of the district or an
assumption by the annexing municipality of any of the district's
obligations or indebtedness.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.
Sec. 3872.252. EFFECT ON MUNICIPAL POWERS. (a) The creation of
the district does not affect the power of a municipality in whose
extraterritorial jurisdiction the district or part of the
district lies to:
(1) designate all or part of the district as an industrial
district;
(2) limit a power of the municipality conferred by Chapter 42,
Local Government Code; or
(3) provide municipal services to any area in the municipality
or its extraterritorial jurisdiction that is also in the
district.
(b) The creation of the district does not affect the power the
municipality had before the district was created to spend money
or provide services.
Added by Acts 2009, 81st Leg., R.S., Ch.
873, Sec. 1, eff. June 19, 2009.