reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.052. Appointment of Directors: Board Meetings

Sec. 3874.052.  APPOINTMENT OF DIRECTORS:  BOARD MEETINGS.  (a)  Directors appointed by the governing body of the city must meet at least one of the qualifications prescribed by Section 3874.053.
(b)  A person may not be appointed to the board by the governing body of the city if the appointment of that person would result in fewer than three of the directors being residents of the city and meeting the qualifications prescribed by Section 3874.053(a)(2), (3), (4), (5), or (6).
(c)  The governing body of the city may remove a member of the board with or without cause at any time by a majority vote.
(d)  The board shall hold meetings at a place accessible to the public.  The board shall file a copy of the notice of a meeting with the city's secretary.  The city's secretary shall post the notice at Dallas City Hall.
(e)  The board may not create an executive committee to exercise the powers of the board.
(f)  If an office described in Section 3874.051(a) is renamed, changed, or abolished, the governing body of the city may appoint another city officer or employee who performs duties comparable to those performed by the officer described by that subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.053. Qualifications of Directors Appointed by City

Sec. 3874.053.  QUALIFICATIONS OF DIRECTORS APPOINTED BY CITY.  (a)  To be qualified to serve as a director appointed by the governing body of the city, a person must be at least 18 years old and must be:
(1)  a resident of the district who is also a registered voter of the district;
(2)  an owner of property in the district;
(3)  an owner of stock or a partnership or membership interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the district;
(4)  an owner of a beneficial interest in a trust, or a trustee in a trust, that directly or indirectly owns property in the district;
(5)  an agent, employee, or tenant of a person covered by Subdivision (2), (3), or (4); or
(6)  an initial director.
(b)  Section 49.052, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.054. Vacancy

Sec. 3874.054.  VACANCY.  The governing body of the city shall fill a vacancy on the board by appointing a person who meets the qualifications prescribed by Section 3874.051(a) or 3874.053 to serve for the remainder of the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.055. Director's Oath or Affirmation

Sec. 3874.055.  DIRECTOR'S OATH OR AFFIRMATION.  A director's oath or affirmation of office shall be filed with the district and the district shall retain the oath or affirmation in the district records.  A copy of each director's oath or affirmation of office shall be filed with the city's secretary.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.056. Officers

Sec. 3874.056.  OFFICERS.  The board shall elect from among the directors a chair, a vice chair, and a secretary.  The offices of chair and secretary may not be held by the same person concurrently.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.057. Compensation; Expenses; Liability Insurance for Directors

Sec. 3874.057.  COMPENSATION; EXPENSES; LIABILITY INSURANCE FOR DIRECTORS.  (a)  The district may compensate each director in an amount not to exceed $50 for each board meeting.  The total amount of compensation for each director in one year may not exceed $2,000.
(b)  Directors are entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.
(c)  The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from any and all claims relating to:
(1)  actions taken by the director in the director's capacity as a member of the board;
(2)  actions and activities taken by the district; or
(3)  the actions of others acting on behalf of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter B. Board of Directors › Section 3874.058. Conflicts of Interest

Sec. 3874.058.  CONFLICTS OF INTEREST.  (a)  A director, including a director who qualifies under Section 3874.053(a)(2), (3), (4), or (5), may participate in all board votes and decisions if the director complies with the requirements of Subsection (b).
(b)  A director shall comply with Section 171.004, Local Government Code, including the disclosure and abstention requirements of that section.  A director must file a copy of the director's disclosure affidavit required by Section 171.004, Local Government Code, with the city's secretary before participating in a board discussion or vote.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.101. General Powers and Duties

Sec. 3874.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties provided by this chapter and by:
(1)  the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code, except that the district's bonds and other securities are not subject to the jurisdiction or supervision of the Texas Commission on Environmental Quality under Chapter 49, Water Code, or other law;
(2)  the general laws relating to road districts and road utility districts created under Section 52(b), Article III, Texas Constitution, including Chapter 441, Transportation Code, except that the district may exercise any power granted by this chapter without regard to any provision or requirement of or procedure prescribed by Chapter 441, Transportation Code;
(3)  Subchapter A, Chapter 372, Local Government Code, in the same manner as a municipality or a county;
(4)  Chapter 1371, Government Code;
(5)  Chapter 375, Local Government Code; and
(6)  Chapter 311, Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.103. General Powers Regarding Contracts

Sec. 3874.103.  GENERAL POWERS REGARDING CONTRACTS.  (a)  The district may:
(1)  contract with any person to accomplish any district purpose, including a contract for:
(A)  the payment, repayment, or reimbursement of costs incurred by that person on behalf of the district, including all or part of the costs of any improvement project and interest on the reimbursed cost; or
(B)  the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed or existing improvement project; and
(2)  apply for and contract with any person to receive, administer, and perform a duty or obligation of the district under a federal, state, local, or private gift, grant, loan, conveyance, transfer, bequest, or other financial assistance arrangement relating to the investigation, planning, analysis, study, design, acquisition, construction, improvement, completion, implementation, or operation by the district or others of a proposed or existing improvement project.
(b)  A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period the board determines, including a negotiable or nonnegotiable note or warrant payable to the city, Dallas County, or any other person.
(c)  Any person may contract with the district to carry out the purposes of this chapter without further statutory or other authorization.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.104. Rules; Enforcement

Sec. 3874.104.  RULES; ENFORCEMENT.  (a)  The district may adopt rules:
(1)  to administer or operate the district;
(2)  for the use, enjoyment, availability, protection, security, and maintenance of the district's property and facilities; or
(3)  to provide for public safety and security in the district.
(b)  The district may enforce its rules by injunctive relief.
(c)  To the extent a district rule conflicts with a city rule, order, or regulation, the city rule, order, or regulation controls.
(d)  The district shall provide the city with written notice not later than the 30th day before the date of a meeting at which the board will adopt rules.  The district may not adopt a rule affecting the use of a municipally owned asset, such as a public park, street, sidewalk, transit facility, or public right-of-way, unless the governing body of the city has approved the rule by ordinance, order, or resolution.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.105. Name Change

Sec. 3874.105.  NAME CHANGE.  The board by resolution may change the district's name.  The board shall give written notice of the change to the city.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.106. Adding or Removing Territory

Sec. 3874.106.  ADDING OR REMOVING TERRITORY.  The board may add or remove territory under Subchapter J, Chapter 49, Water Code, and Section 54.016, Water Code, except that:
(1)  the addition or removal of the territory must be approved by:
(A)  the governing body of the city by ordinance, order, or resolution; and
(B)  the owners of the territory being added or removed;
(2)  a reference to a tax in Subchapter J, Chapter 49, Water Code, or Section 54.016, Water Code, means an ad valorem tax; and
(3)  territory may not be removed from the district if bonds or other obligations of the district payable wholly or partly from ad valorem taxes or assessments levied or assessed on the territory are outstanding.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.107. Economic Development

Sec. 3874.107.  ECONOMIC DEVELOPMENT.  (a)  The district may create economic development and other programs under Section 52-a, Article III, Texas Constitution, and may impose and collect ad valorem taxes for those purposes.  The district has the economic development powers that Chapter 380, Local Government Code, provides to a municipality with a population of more than 100,000.  Each economic development program and each project that will receive public funds under an economic development program must be approved by the governing body of the city by ordinance, order, or resolution.
(b)  The district shall provide the city written notice not later than the 30th day before the date of a meeting at which the board will adopt terms of an economic development program.  The district may not adopt an economic development program or improvement project to be funded under an economic development program unless the governing body of the city has approved the program or improvement project by ordinance, order, or resolution.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.108. No Eminent Domain Power

Sec. 3874.108.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.109. Terms of Employment; Compensation

Sec. 3874.109.  TERMS OF EMPLOYMENT; COMPENSATION.  The board may employ and establish the terms of employment and compensation of an executive director or general manager and any other district employees the board considers necessary.  An employee may not receive annual compensation of more than $150,000 from public funds of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter C. Powers and Duties › Section 3874.110. Notice to Property Owners

Sec. 3874.110.  NOTICE TO PROPERTY OWNERS.  (a)  The board shall annually provide owners of real property in the district written notice that specifies the tax of the district for the district's next fiscal year in sufficient clarity to describe the tax rate for the operation and maintenance of the district and the tax rate for the payment of debt service of obligations issued or incurred by the district.  The written notice must be sent by first class United States mail, postage prepaid, to the current address of the property owner as reflected on the tax rolls of the appraisal district.
(b)  The notice must clearly state that the tax rates on real property imposed in the district are in addition to the ad valorem taxes imposed by other taxing units that tax real property in the boundaries of the district.
(c)  The district shall generate and implement a program to provide notification to a prospective purchaser of property in the district of the rates of tax and assessments that have been approved and are imposed by the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.152. Borrowing Money

Sec. 3874.152.  BORROWING MONEY.  (a)  The district may borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations of any kind found by the board to be necessary or appropriate for any district purpose.  The bond, note, credit agreement, or other obligation may be secured by and payable from ad valorem taxes, assessments, a combination of ad valorem taxes and assessments, or other district revenue.  The governing body of the city must approve the issuance of bonds, notes, credit agreements, or other obligations of the district, in general terms before the preparation of preliminary official statements or loan closing documents, as provided by the development and operating agreement approved by the city in accordance with Section 3874.160, or by separate action.
(b)  The governing body of the city must approve the final terms of the bond issuance, note, or credit facility, including the principal amount, note amount, interest rate or rates, redemption provisions, and other terms and conditions relating to the issuance.
(c)  The district shall file annual audited financial statements with the city's secretary.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.153. Assessments; Exemption

Sec. 3874.153.  ASSESSMENTS; EXEMPTION.  (a)  The district may impose an assessment on property in the district, including an assessment on residential or commercial property, only in the manner provided by Subchapter A, Chapter 372, Local Government Code, or Subchapter F, Chapter 375, Local Government Code, for a municipality, county, or public improvement district, according to the benefit received by the property.
(b)  An assessment on property must be for the limited purpose of providing capital funding for:
(1)  public water and wastewater facilities;
(2)  drainage and storm-water facilities;
(3)  streets and alleys; and
(4)  any authorized project under Chapter 372, Local Government Code.
(c)  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; and
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes.
(d)  A lien of an assessment against property under this chapter runs with the land, and the portion of an assessment payment obligation that has not yet come due is not eliminated by the foreclosure of an ad valorem tax lien.  Any purchaser of property in a foreclosure of an ad valorem tax lien takes the property subject to the assessment payment obligations that have not yet come due and to the lien and terms of payment under the applicable assessment ordinance or order.
(e)  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.
(f)  The district shall file notice of any tax or assessment imposed by the district with the county clerk of Dallas County and post the notice on the district's Internet website.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.154. Residential Property Exempt

Sec. 3874.154.  RESIDENTIAL PROPERTY EXEMPT.  Section 375.161, Local Government Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.155. Maintenance and Operation Tax; Election

Sec. 3874.155.  MAINTENANCE AND OPERATION TAX; ELECTION.  (a)  The district may impose a tax for maintenance and operation purposes, including for:
(1)  planning, constructing, acquiring, maintaining, repairing, and operating all improvement projects, including land, plants, works, facilities, improvements, appliances, and equipment of the district; and
(2)  paying costs of services, engineering and legal fees, and organization and administrative expenses, including expenses of the city payable under the terms of the project development agreement described by Section 3874.160.
(b)  The district may not impose a maintenance and operation tax for improvement projects under this chapter unless the imposition of the tax is approved by the voters of the district voting at an election held for that purpose.  An election may be called only on receipt of a petition as provided by Section 3874.151(b).
(c)  A maintenance and operation tax election may be held at the same time and in conjunction with any other district election.  The election may be called by a separate election order or as part of any other election order.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.156. Use of Surplus Maintenance and Operation Money

Sec. 3874.156.  USE OF SURPLUS MAINTENANCE AND OPERATION MONEY.  If the district has surplus maintenance and operation tax money that is not needed for the purposes for which it was collected, the money may be used for any authorized purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.157. Bonds and Other Obligations

Sec. 3874.157.  BONDS AND OTHER OBLIGATIONS.  (a)  Subject to the requirements of Sections 3874.159 and 3874.160, the district may issue by public or private sale bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, or by assessments in the manner provided by Subchapter A, Chapter 372, Local Government Code, or Subchapter J, Chapter 375, Local Government Code.
(b)  In exercising the district's borrowing power, 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 any other type of obligation.
(c)  In addition to the sources of money described by Subchapter A, Chapter 372, Local Government Code, and Subchapter J, Chapter 375, Local Government Code, district bonds may be secured and made payable wholly or partly by a pledge of any part of the money the district receives from system or improvement project revenue or from any other source.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.158. Bond Maturity

Sec. 3874.158.  BOND MATURITY.  Bonds may mature not more than 40 years from their date of issue.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.159. Taxes for Bonds and Other Obligations

Sec. 3874.159.  TAXES FOR BONDS AND OTHER OBLIGATIONS.  At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1)  the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstanding; and
(2)  the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)  pay the interest on the bonds or other obligations as the interest becomes due; and
(B)  create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter D. General Financial Provisions › Section 3874.160. Development and Operating Agreement Required

Sec. 3874.160.  DEVELOPMENT AND OPERATING AGREEMENT REQUIRED.  (a)  After the district's board is organized, but before the district may undertake any improvement project, issue bonds, impose taxes, levy assessments or fees, or borrow money, the district and the city must negotiate and execute a mutually approved and accepted development and operating agreement, including any limitations imposed by the city, regarding the plans and rules for:
(1)  the exercise of the powers granted to the district under this chapter, including the organization, development, and operation of the district;
(2)  the selection and description of improvement projects that may be undertaken and financed by the district and the ownership, operation, and maintenance of those projects;
(3)  the terms, conditions, methods, means, and amounts of financing authorized by this chapter that the district may use in providing improvement projects; and
(4)  the amounts, methods, and times of reimbursement to the city for costs and expenses, if any, incurred by the city with respect to the development and operation of the district and the financing of improvement projects by the district.
(b)  An agreement authorized by this section is not effective until its terms and execution are approved by the board and the governing body of the city by resolution.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter E. Dissolution › Section 3874.251. Dissolution by City Ordinance

Sec. 3874.251.  DISSOLUTION BY CITY ORDINANCE.  (a)  The city by ordinance may dissolve the district.
(b)  The city may not dissolve the district until the district's outstanding indebtedness or contractual obligations that are payable from ad valorem taxes have been repaid or discharged, or the city has affirmatively assumed the obligation to pay the outstanding indebtedness from the city's lawfully available revenue.
(c)  The city may not dissolve the district until the agreement under Section 3874.160 has been executed and the district's performance under the agreement has been fulfilled, including any right or obligation the district has to reimburse a developer or owner for the costs of improvement projects.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter E. Dissolution › Section 3874.252. Collection of Assessments and Other Revenue

Sec. 3874.252.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.  (a)  If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of the assessments or other revenue.
(b)  The city shall have and exercise all district powers to enforce and collect the assessments or other revenue to pay:
(1)  the bonds or other obligations when due and payable according to their terms; or
(2)  special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter E. Dissolution › Section 3874.253. Concurrence on Additional Powers

Sec. 3874.253.  CONCURRENCE ON ADDITIONAL POWERS.  If the legislature grants the district a power that is in addition to the powers approved by the initial resolution of the governing body of the city consenting to the creation of the district, the district may not exercise that power unless the governing body of the city consents to that change by resolution.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3874 - Cypress Waters Municipal Management District › Subchapter E. Dissolution › Section 3874.254. Assumption of Assets and Liabilities

Sec. 3874.254.  ASSUMPTION OF ASSETS AND LIABILITIES.  (a)  After the city dissolves the district, the city assumes, subject to the appropriation and availability of funds, the obligations of the district, including any bonds or other indebtedness payable from assessments or other district revenue.
(b)  If the city dissolves the district, the board shall transfer ownership of all district property to the city.
Added by Acts 2009, 81st Leg., R.S., Ch. 586 (S.B. 2466), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter A. General Provisions › Section 3875.001. Creation of District; Legislative Declaration

Sec. 3875.001.  CREATION OF DISTRICT;  LEGISLATIVE DECLARATION.  (a)  Notwithstanding any law relating to consent by political subdivisions to the creation of conservation and reclamation districts and the inclusion of land in those districts, the Smith County Economic Development District is created as a special district under Section 59, Article XVI, Texas Constitution.
(b)  The district is a unit of government for purposes of Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims Act), and operations of the district are considered to be essential governmental functions and not proprietary functions for all purposes, including the application of the Texas Tort Claims Act.
(c)  The board by resolution may change the district's name.
(d)  The creation of the district is essential to the accomplishment of the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution, and to the accomplishment of the public purposes stated in this chapter.
(e)  The district is necessary to promote, develop, encourage, and maintain employment, commerce, economic development, and public welfare in the Smith County Economic Development District.  The creation of the district and this chapter are not to be interpreted to relieve Smith County or any other political subdivision from providing the level of services as of the effective date of this chapter, to the area included in the district or to release the county or political subdivision from its obligations to provide services to that area.  The district is created to supplement and not supplant such services in the area included within the district.
(f)  Except as otherwise provided by this chapter, the district is not subject to the jurisdiction or supervision of the commission under Chapter 49, Water Code, or other law.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter A. General Provisions › Section 3875.002. Definitions

Sec. 3875.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3)  "District" means the Smith County Economic Development District.
(4)  "Improvement project" means any program or project authorized by this chapter, inside or outside the district, that is necessary to accomplish the public purposes of the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter A. General Provisions › Section 3875.004. Findings Related to Boundaries

Sec. 3875.004.  FINDINGS RELATED TO BOUNDARIES.  The legislature finds that the boundaries and field notes of the district form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the organization, existence, or validity of the district, the right of the district to enter into any type of contract for the purposes for which the district is created, the right of the district to impose, assess, or collect taxes, fees, or charges, or the operation of the district or its governing body.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter A. General Provisions › Section 3875.005. Finding of Benefit and Public Purpose

Sec. 3875.005.  FINDING OF BENEFIT AND PUBLIC PURPOSE.  (a)  All of the land and other property included within the boundaries of the district will be benefited by the works, projects, improvements, and services that are to be accomplished by the district under powers conferred by Section 52, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.  The district is created to serve a public use and benefit.
(b)  The creation of the district:
(1)  is essential to further the public purposes of the economic development and diversification of the state, the elimination of unemployment and underemployment, and the stimulation and development of transportation and commerce;
(2)  is in the public interest;  and
(3)  will promote the health, safety, and general welfare of residents, employers, employees, and consumers in the district and of the general public.
(c)  The district will provide needed funding for the district area to preserve, maintain, and enhance the economic health and vitality of the area as a community and business and commerce center.  The district will further promote the health, safety, welfare, education, convenience, and enjoyment of the public by improving, landscaping, and developing certain areas within and adjacent to the district and providing public services and facilities within and adjacent to the district that are necessary for the restoration, preservation, enhancement, and enjoyment of scenic and aesthetic beauty.  The improvement projects authorized by this Act are essential to carrying out a public purpose.  The district will not act as the agent or instrumentality of any private interests, even though private interests and the general public will benefit from the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter A. General Provisions › Section 3875.006. Construction of Chapter

Sec. 3875.006.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.031. General Powers and Duties

Sec. 3875.031.  GENERAL POWERS AND DUTIES.  (a)  The district has all of the powers and duties provided by the general law of this state, including:
(1)  Subchapter E, Chapter 375, Local Government Code;
(2)  the general laws of this state on conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code; and
(3)  the general laws of this state on road districts and road utility districts created under Section 52(b)(3), Article III, Texas Constitution, including Chapter 441, Transportation Code.
(b)  If any provision of the general law is in conflict or inconsistent with this chapter, this chapter prevails.  Any general law that supplements the power and authority of the district, to the extent not in conflict or inconsistent with this chapter, is adopted and incorporated by reference.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(18), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.032. Improvement Projects

Sec. 3875.032.  IMPROVEMENT PROJECTS.  The district may conduct or authorize the following types of improvement projects or activities in support of or incidental to improvement projects:
(1)  the planning, design, construction, improvement, and maintenance of:
(A)  landscaping;
(B)  highway right-of-way or transit corridor beautification and improvements;
(C)  lighting, banners, and signs;
(D)  streets or sidewalks;
(E)  hiking and cycling paths and trails, pedestrian walkways, skywalks, crosswalks, or tunnels;
(F)  parks, lakes, gardens, recreational facilities, open space, scenic areas, and related exhibits and preserves;
(G)  fountains, plazas, and pedestrian malls;  and
(H)  drainage or storm water detention improvements;
(2)  the planning, design, construction, improvement, maintenance, and operation of:
(A)  solid waste, water, sewer, or power facilities or services, including electrical, gas, steam, and chilled water facilities;  or
(B)  off-street parking facilities, bus terminals, and heliports;
(3)  the planning and acquisition of:
(A)  public art and sculpture and related exhibits and facilities;  and
(B)  educational and cultural exhibits and facilities;
(4)  the planning, design, construction, acquisition, lease, rental, improvement, maintenance, installation, and management of and provision of furnishings for facilities for:
(A)  conferences, conventions, or exhibitions;
(B)  manufacturer, consumer, or trade shows;
(C)  civic, community, or institutional events;  and
(D)  exhibits, displays, attractions, special events, and seasonal or cultural celebrations and holidays;
(5)  the removal, razing, demolition, or clearing of land or improvements in connection with any improvement project;
(6)  the acquisition and improvement of land and other property for the mitigation of the environmental effects of any improvement project;
(7)  the acquisition of real or personal property or an interest in real or personal property in connection with an authorized improvement project;
(8)  any special or supplemental services for the improvement and promotion of the district or the areas adjacent to the district or for the protection of public health and safety within or adjacent to the district, including advertising, promotion, tourism, health and sanitation, public safety, security, fire protection or emergency medical services, business recruitment, development, elimination of traffic congestion, and recreational, educational, or cultural improvements, enhancements, and services;  and
(9)  any similar public improvements, facilities, or services.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.034. Rules and Regulations

Sec. 3875.034.  RULES AND REGULATIONS.  The district may adopt, amend, and enforce by ordinary civil remedies reasonable rules and regulations:
(1)  for the administration and operation of the district;
(2)  for the use, enjoyment, availability, protection, security, and maintenance of the district's properties and facilities;  and
(3)  to provide for public safety and security within the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.035. Security Services

Sec. 3875.035.  SECURITY SERVICES.  The district may not employ peace officers but may contract for off-duty peace officers to provide public safety and security services as the board determines necessary.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.036. Economic Development

Sec. 3875.036.  ECONOMIC DEVELOPMENT.  The district may exercise the economic development powers and authority that Chapter 380, Local Government Code, provides to a municipality with a population of more than 100,000, and Chapter 1509, Government Code, provides to a municipality.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(20), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.037. Roadways, Parks, Other Public Areas

Sec. 3875.037.  ROADWAYS, PARKS, OTHER PUBLIC AREAS.  (a)  The board by rule may regulate the private use of public roadways, open spaces, parks, sidewalks, and similar public areas within the district.  To the extent the rules of the district conflict with a rule, order, ordinance, or regulation of a county or municipality with jurisdiction in the district's territory, the rule, order, ordinance, or regulation of the county or municipality controls.  The rules may provide for the safe and orderly use of public roadways, open spaces, parks, sidewalks, and similar public areas or facilities.
(b)  The board may require a permit for a parade, demonstration, celebration, entertainment event, or a similar nongovernmental activity in or on the public roadways, open spaces, parks, sidewalks, and similar public areas or facilities.  The board may charge a fee for the permit application and for public safety or security services in an amount the board considers necessary.
(c)  The board may require a permit or franchise agreement with a vendor, concessionaire, exhibitor, or similar private or commercial person or organization for the limited use of the area or facilities on terms and conditions and on payment of a permit or franchise fee the board may impose.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.