CHAPTER 68. SHIP CHANNEL SECURITY DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 68. SHIP CHANNEL SECURITY DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 68.001. DEFINITIONS. In this chapter:
(1) "Board" means a district's board of directors.
(2) "District" means a ship channel security district created
under this chapter.
(3) "Security project" means a project promoting or aiding
security in a district.
(4) "Security service" means a service promoting or aiding
security in a district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.002. NATURE OF DISTRICT; PURPOSE. A district is a
special district and political subdivision of this state. A
district is created under Section 59, Article XVI, Texas
Constitution, and is essential to accomplish the purposes of that
section and Sections 52 and 52-a, Article III, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.003. PUBLIC PURPOSE OF SECURITY PROJECTS. A security
project is owned, used, and held for public purposes by the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.004. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.005. GENERAL WATER DISTRICT LAW NOT APPLICABLE. Chapter
49 does not apply to a district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. FACILITIES
Sec. 68.051. APPLICABILITY TO FACILITIES. (a) In this section:
(1) "Chemical manufacturers' association" means an association
of chemical manufacturers, refiners, and supporting distribution
and terminal facility managers that operate in a district.
(2) "Chemical manufacturers' association facility" means a
facility owned by a member of a chemical manufacturers'
association.
(3) "Mutual aid organization" means an organization that
operates in a district and whose:
(A) primary purpose is the promotion of social welfare by
providing assistance for the common good and general welfare to
and within the communities of its members for emergency fire
protection and other public safety matters; and
(B) members include various industries and governmental entities
with the resources required to participate in those activities.
(b) This chapter applies to the following types of facilities in
the district:
(1) a chemical manufacturers' association facility;
(2) a mutual aid organization facility;
(3) a facility as defined in 46 U.S.C. Section 70101;
(4) a facility described by 33 C.F.R. Section 105.105(a);
(5) a facility subject to an area maritime transportation
security plan under 46 U.S.C. Section 70103(b);
(6) a facility subject to 40 C.F.R. Part 112;
(7) a general shipyard facility as defined by 46 C.F.R. Section
298.2;
(8) a facility included in one or more of the following
categories and codes of the 2007 North American Industry
Classification System:
(A) crude petroleum and natural gas extraction, 211111;
(B) petroleum refineries, 324110;
(C) petroleum manufacturing, 325110;
(D) petroleum lubricating oil and grease manufacturing, 324191;
(E) all other petroleum and coal products manufacturing, 324199;
(F) all other chemical and other manufacturing, 311111-339999;
(G) petroleum bulk stations and terminals, 424710;
(H) plastics, chemical, and petroleum wholesalers, 424610,
424690, and 424720;
(I) transportation, including rail, water, and road
transportation and pipelines, 486110-486990, 488210, 488390, and
488490;
(J) port and harbor operations, 488310;
(K) marine cargo handling, 488320;
(L) warehousing and storage, including general, refrigerated,
farm and other, 493110, 493120, 493130, and 493190; and
(M) deep sea and coastal freight and passenger transportation,
483111-483114; and
(9) a facility described by Subsection (c).
(c) After the district is created, the commissioners court that
created the district by order may provide for this chapter to
apply to any other facility that the district by petition
requests the court to add.
(d) This chapter does not apply to the following facilities:
(1) a residential property, including a single-family or
multifamily residence;
(2) a retail or service business that is not a facility as
defined by 46 U.S.C. Section 70101;
(3) a public access facility as defined by 33 C.F.R. Section
101.105; or
(4) a facility that is not listed under Subsection (b) and that
is owned by:
(A) an electric utility or a power generation company as defined
by Section 31.002, Utilities Code;
(B) a gas utility as defined by Section 101.003 or 121.001,
Utilities Code;
(C) a telecommunications provider as defined by Section 51.002,
Utilities Code; or
(D) a person who provides to the public cable television or
advanced telecommunications services.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.052. DESIGNEES FOR FACILITY OWNERS. A facility's owner
may designate a person:
(1) to act for the owner in connection with a district; and
(2) to bind the owner under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.053. USE OF CERTAIN DEPARTMENT OF TRANSPORTATION
PROPERTY FOR SHIP CHANNEL SECURITY. (a) In this section,
"department" means the Texas Department of Transportation.
(b) Use of the department's facilities or property to serve a
project aiding security in a ship channel security district
created under this chapter serves a transportation purpose. A
ship channel security district or a county whose commissioners
court has created a ship channel security district may enter into
an agreement with the department to provide for use of the
department's facilities or property to aid security in the
district.
(c) A county that has entered into an agreement with the
department for use of the department's fiber optic network for
transportation purposes may use the fiber optic network to serve
a project aiding security in a ship channel security district
created under this chapter in the same manner as other
transportation purposes unless the agreement precludes the use of
the fiber optic network for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
4, Sec. 1, eff. April 29, 2009.
SUBCHAPTER C. CREATION
Sec. 68.101. DISTRICT CREATION BY CERTAIN POPULOUS COUNTIES WITH
SHIP CHANNELS. A district may be created only by the
commissioners court of a county with a population of 3.3 million
or more that has a ship channel in the county.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.102. PETITION FOR CREATION. A district may be created
only if the commissioners court of the county in which the
district is proposed to be created receives a petition requesting
the district's creation. The petition must be signed by:
(1) the owners of a majority of facilities in the proposed
district; and
(2) the owners of a majority of the assessed value of facilities
in the proposed district according to the most recent certified
property tax rolls of the county.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.103. CONTENTS OF PETITION; DISTRICT TERRITORY. The
petition must:
(1) propose a name for the district, which must:
(A) generally describe the location of the district; and
(B) be of the form "_______ Ship Channel Security District";
(2) state the general nature of the security projects and
security services to be provided by the district; and
(3) describe the proposed district territory and the boundaries
of four or five security zones inside the proposed district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.104. NOTICE OF HEARING; CONTENTS OF NOTICE. (a) The
commissioners court of the county in which a district is proposed
to be created shall set a date, time, and place for a hearing to
consider the petition received by the commissioners court.
(b) The commissioners court shall issue public notice of the
hearing. The notice must state:
(1) the date, time, and place of the hearing; and
(2) that any person may appear, present evidence, and testify
for or against the creation of the proposed district.
(c) The commissioners court shall publish the notice in a
newspaper of general circulation in the county at least one time
at least 30 days before the hearing date.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.105. HEARING. At the hearing, any interested person may
appear in person or by attorney, present evidence, and offer
testimony for or against the creation of the proposed district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.106. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. After the
hearing, the commissioners court shall consider whether to create
the proposed district. The commissioners court must make the
following findings before approving a petition requesting
creation of a district:
(1) the district will serve a public use and benefit;
(2) facilities in the district will benefit from the security
projects and security services proposed to be provided by the
district;
(3) the creation of the district is in the public interest and
useful for the protection of facilities in the district against
the threat posed by terrorism; and
(4) the creation of the district is necessary 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.107. ORDER CREATING DISTRICT; CHANGES. (a) If the
commissioners court makes the findings under Section 68.106, the
commissioners court by order may create the proposed district.
(b) The commissioners court may include in the order any changes
or modifications to the proposed district as the court determines
are appropriate to reflect the intent of the petition requesting
creation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. BOARD OF DIRECTORS
Sec. 68.151. GOVERNING BODY; COMPOSITION. A district is
governed by a board of at least 10 but not more than 13
directors, appointed or serving as follows:
(1) two directors for each security zone appointed by the
commissioners court of the county and nominated as provided by
Section 68.152;
(2) one director appointed for the district at large by the
commissioners court of the county under Section 68.153;
(3) one director appointed under Section 68.154; and
(4) any director serving under Section 68.155.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.152. SECURITY ZONE DIRECTORS. (a) The commissioners
court of the county shall appoint two directors for each security
zone from a list of two persons nominated by a majority vote of
the facility owners in each security zone. Each nominated person
must be employed by a facility owner at a facility in the zone.
(b) After reviewing the list, the commissioners court shall
approve or disapprove the nominations for each security zone.
(c) If the commissioners court is not satisfied with the list
provided for a security zone, the facility owners in the security
zone shall provide to the court a new list under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.153. AT-LARGE DIRECTOR. The director appointed by the
commissioners court for the district at large may be:
(1) a person employed by a member of an association that
includes steamship owners, operators, and agents and stevedoring
and terminal companies and that:
(A) is a Texas nonprofit corporation; and
(B) leases space in the district; or
(2) any other person considered appropriate by the commissioners
court.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.154. MUNICIPAL DIRECTOR. (a) If there is a countywide
association of mayors and city councils of municipalities in a
county that creates a district, the association shall appoint one
director.
(b) If there is not an association described by Subsection (a),
the municipalities in the district shall appoint a director. If
there is more than one municipality in the district, the
governing body of each municipality by resolution may vote in
favor of a nominated person and a person who receives the votes
of a majority of governing bodies is appointed director.
(c) The director appointed under this section must reside in a
municipality adjacent to the largest ship channel in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.155. PORT AUTHORITY; EX OFFICIO DIRECTOR. (a) In this
section, "port authority" means a navigation district located
wholly or partly in the security district, and created or
operating under Section 52, Article III, or Section 59, Article
XVI, Texas Constitution.
(b) If a port authority is located in the district, the
executive director, or a person designated by the executive
director, serves as a director. If more than one port authority
is located in the district, the executive director, or a person
designated by the executive director, of the port authority with
the largest territory inside the district serves as a director.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.156. TERMS; INITIAL DIRECTORS. (a) Except as provided
by Subsection (b), directors serve staggered two-year terms.
(b) The initial directors shall stagger their terms, with a
majority of the directors serving two years, and a minority of
directors serving one year. If the initial board has an even
number of directors, the terms are staggered equally. If the
initial directors cannot agree on the staggering, the directors
shall draw lots to determine the directors who serve one-year
terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.157. VACANCY. A vacancy in the board is filled by the
remaining directors by appointing a person who meets the
qualifications for the position, who shall serve for the
unexpired term.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.158. QUORUM. For purposes of determining whether a
quorum of the board is present, a vacant board position is not
counted.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.159. OFFICERS. The board shall elect from its directors
a presiding officer, a secretary, and any other officers the
board considers necessary or appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.160. COMPENSATION. A director is not entitled to
compensation for service on the board, but is entitled to
reimbursement for necessary and reasonable expenses incurred in
carrying out the duties of a director.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.161. MEETINGS. (a) The board shall determine the
frequency of its meetings and may hold meetings at any time the
board determines.
(b) The board shall conduct its meetings in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.162. REMOVAL. The board may remove an appointed
director for misconduct or failure to carry out the director's
duties on receiving a written petition signed by a majority of
the remaining directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. POWERS AND DUTIES
Sec. 68.201. GENERAL POWERS OF DISTRICT. (a) A district has
all powers necessary or required to accomplish the purposes for
which it was created.
(b) A district may do anything necessary, convenient, or
desirable to carry out the powers expressly granted or implied by
this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.202. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS
LAW. Except as provided by this chapter, a district has the
powers of a district created under Chapter 375, Local Government
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.203. RULES. The district may adopt rules to govern the
operation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.204. NAME CHANGE. A board by resolution may change a
district's name.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.205. CONTRACTS; GENERALLY. A district may contract with
any person for any district purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.206. SECURITY PROJECTS AND SERVICES. (a) The board
shall determine what security projects or security services the
district will perform. A security project may include a project
eligible for funding under a port security grant program of the
United States Department of Homeland Security.
(b) A district may own, operate, and maintain a security project
or provide a security service as reasonably necessary to carry
out a district power under this chapter.
(c) A district may acquire, construct, complete, develop, own,
operate, maintain, and lease a security project or part of a
security project or provide a security service inside and outside
its boundaries.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.207. CONTRACTS FOR SECURITY PROJECTS OR SERVICES. (a)
A district may contract with any person to plan, establish,
develop, construct, renovate, maintain, repair, replace, or
operate a security project or to provide a security service.
(b) A district may lease to any person a security project or any
part of a security project.
(c) A district may contract with any person for the use or
operation of a security project or any part of a security
project.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.208. CONTRACTS FOR JOINT USE OF SECURITY PROJECT. A
district may contract with any person, public or private, for the
joint use of a security project.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.209. CONTRACTS WITH DISTRICT BY GOVERNMENTAL ENTITY.
This state, a municipality, a county, another political
subdivision of this state, or any other person, without further
authorization, may contract with the district to accomplish any
district purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.210. PROPERTY POWERS; GENERALLY. A district may acquire
by grant, purchase, gift, devise, lease, or otherwise, and may
hold, use, sell, lease, or dispose of any property, and licenses,
patents, rights, and interests necessary, convenient, or useful
for the full exercise of any of its powers under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.211. SUITS. A district may sue and be sued.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.212. NO EMINENT DOMAIN POWER. A district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 68.251. GRANTS; LOANS. A district may apply for and accept
a grant or loan from any person, including:
(1) the United States;
(2) this state; and
(3) a political subdivision of this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.252. PAYMENT OF EXPENSES. A district may provide for
payment of all expenses incurred in its establishment,
administration, and operation.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.253. TAXES PROHIBITED. A district may not impose any
tax, including a property tax or a sales and use tax.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.254. BONDS PROHIBITED. A district may not issue bonds.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
SUBCHAPTER G. ASSESSMENTS
Sec. 68.301. AUTHORITY TO IMPOSE ASSESSMENT. The board may
impose an assessment against facilities for any district purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.302. PROPOSED ASSESSMENTS. A security project or
security service may be financed under this chapter after a
hearing notice given as required by this subchapter and a public
hearing by the board on the advisability of:
(1) the security project or security service; and
(2) the proposed assessments.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.303. NOTICE OF HEARING. (a) Not later than the 30th
day before the date of the hearing, the district shall provide
notice of the hearing by certified mail, return receipt
requested, to each facility owner at the current address of each
facility according to the appraisal record maintained by the
appraisal district for that facility under Section 25.02, Tax
Code.
(b) The notice must include:
(1) the time and place of the hearing;
(2) the general nature of the proposed security project or
security service;
(3) the estimated cost of the security project or security
service; and
(4) the proposed method of assessment.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.304. CONDUCTING HEARING; FINDINGS. (a) A hearing on a
proposed security project or security service, whether conducted
by the board or a hearing examiner, may be adjourned from time to
time.
(b) At the conclusion of the hearing, the board by resolution
shall make findings relating to:
(1) the advisability of the security project or security
service;
(2) the nature of the security project or security service;
(3) the estimated cost;
(4) the facilities benefited;
(5) the method of assessment; and
(6) the method and time for payment of the assessment.
(c) If a hearing examiner is appointed to conduct the hearing,
after conclusion of the hearing, the hearing examiner shall file
with the board a report stating the examiner's findings and
conclusions for the board's consideration.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.305. FACILITIES TO BE ASSESSED. (a) In accordance with
the findings, the board may impose an assessment against all the
facilities in the district or any portion of the facilities in
the district, and may impose an assessment against fewer
facilities than those proposed for assessment in the hearing
notice.
(b) Except as provided by Subsection (c), the facilities to be
assessed may not include a facility that is not in the district
at the time of the hearing unless there is an additional hearing
preceded by the required notice.
(c) The owner of a facility described by Subsection (b) may
waive the right to notice and an assessment hearing and may agree
to the imposition and payment of assessments at an agreed rate
for the facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.306. ASSESSMENT RATE CHANGE. After notice and a
hearing, the board by majority vote may increase or decrease the
rate of assessment. The board must provide notice of the hearing
in the manner provided by Section 68.303.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.307. OBJECTIONS; LEVY OF ASSESSMENT. (a) At a hearing
on proposed assessments, at any adjournment of the hearing, or
after consideration of the hearing examiner's report, the board
shall hear and rule on all objections to each proposed
assessment.
(b) The board by majority vote may amend proposed assessments
for any facility.
(c) After all objections have been heard and action has been
taken with regard to those objections, the board by resolution
shall impose the assessments on the facilities and shall specify
the method of payment of the assessments and may provide that
those assessments be paid in periodic installments.
(d) Periodic installments must be in amounts sufficient to meet
annual costs for security projects or security services provided
by this chapter and continue for the number of years required to
pay for the security projects and security services to be
rendered.
(e) If assessments are imposed for more than one security
project or security service, the board may provide that
assessments collected for one security project or security
service may be used for another security project or security
service.
(f) The board shall establish a procedure for the use or refund
of any assessments in excess of those necessary to finance a
security project or security service for which those assessments
were collected.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.308. APPORTIONMENT OF ASSESSMENT. The board shall
apportion the cost of a security project or security service to
be assessed against a facility based on any reasonable assessment
plan that results in imposing fair and equitable shares of the
cost.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.309. ASSESSMENT ROLL. (a) Once the estimated total
cost of a security project or security service is determined, the
board shall impose the assessments against each facility against
which an assessment may be imposed in the district. The board
may impose an annual assessment that is lower but not higher than
the initial assessment.
(b) The board shall have an assessment roll prepared showing the
assessments against each facility and the board's basis for the
assessment. The assessment roll shall be filed with the
secretary of the board or other officer who performs the function
of secretary and be open for public inspection.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.310. SUPPLEMENTAL ASSESSMENTS. After notice and hearing
in the manner required for original assessments, the board may
make supplemental assessments to correct omissions or mistakes in
the assessment:
(1) relating to the total cost of the security project or
security service; or
(2) covering delinquencies or costs of collection.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.311. APPEAL. (a) Not later than the 30th day after the
date that an assessment is adopted, a facility owner may file a
notice appealing the assessment to the board.
(b) The board shall set a date to hear the appeal.
(c) Failure to file the notice in the time required by this
section results in loss of the right to appeal the assessment.
(d) The board may make a reassessment or new assessment of the
facility if the assessment against the facility is:
(1) set aside by a court;
(2) found excessive by the board; or
(3) determined invalid by the board.
(e) A reassessment or new assessment under Subsection (d)(1) may
not violate the court order that set aside the assessment.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.312. APPEAL OF RESOLUTION. (a) A facility against
which an assessment is made by board resolution may appeal the
assessment to a district court in the county in the manner
provided for the appeal of contested cases under Chapter 2001,
Government Code.
(b) Review by the district court is by trial de novo.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.313. FAILURE TO PAY ASSESSMENT; LIENS FOR ASSESSMENTS.
(a) If an assessed facility fails to pay an assessment as
provided in a district's assessment plan, the district may impose
a lien against the facility assessed.
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.314. DELINQUENT ASSESSMENTS. A delinquent assessment
incurs interest, penalties, and attorney's fees in the same
manner as a delinquent ad valorem tax. The owner of a facility
may pay at any time the entire assessment, with interest,
penalties, and attorney's fees that have accrued on the
assessment.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.315. ASSESSMENT OF GOVERNMENTAL ENTITIES AND NONPROFITS.
(a) Except as provided by this section, the district may not
impose an assessment on:
(1) a governmental entity, including a municipality, county, or
other political subdivision; or
(2) an organization exempt from taxation under Section 501(a),
Internal Revenue Code of 1986, as an organization described by
Section 501(c)(3) of that code.
(b) An entity or organization described by Subsection (a) may
contract with a district to pay assessments under terms the
district and the entity or organization consider advisable.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
SUBCHAPTER H. DISSOLUTION
Sec. 68.351. DISSOLUTION OF DISTRICT FOR FAILURE TO IMPOSE AN
ASSESSMENT. A district is dissolved if the district has not
imposed an assessment before the fifth anniversary of the date of
the order creating the district under Section 68.107. The county
that created the district assumes any district debts or assets.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.
Sec. 68.352. DISSOLUTION OF DISTRICT BY BOARD VOTE OR OWNER
PETITION. (a) The board by majority vote may dissolve the
district at any time.
(b) A district may be dissolved as provided by Section 375.262,
Local Government Code.
(c) The county that created the district assumes any debts or
assets of a dissolved district.
Added by Acts 2007, 80th Leg., R.S., Ch.
913, Sec. 1, eff. June 15, 2007.