reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter C. Powers and Duties › Section 3870.106. Limitation on Use of Eminent Domain

Sec. 3870.106.  LIMITATION ON USE OF EMINENT DOMAIN.  The district may exercise the power of eminent domain only inside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter C. Powers and Duties › Section 3870.107. Agreements; Grants

Sec. 3870.107.  AGREEMENTS; GRANTS.  (a)  The district may make an agreement with or accept a gift, grant, or loan from any person.
(b)  The board may enter into a contract with another political subdivision or the state to share the costs of construction, acquisition, operation, or maintenance of a transportation improvement, including a road, a bridge, a culvert, a parking facility, or another public improvement.
(c)  The implementation of a district project is a governmental function or service for the purposes of Chapter 791, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter C. Powers and Duties › Section 3870.108. Division of District

Sec. 3870.108.  DIVISION OF DISTRICT.  (a)  The district may be divided into two or more new districts only if the district:
(1)  has no outstanding bonded debt; and
(2)  is not imposing ad valorem taxes.
(b)  This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.
(c)  Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.
(d)  The board, on its own motion or on receipt of a petition signed by the owners of a majority of the assessed value of real property in the district according to the most recent certified appraisal roll for the county in which the district is located, may adopt an order dividing the district.  An order dividing the district may be adopted before or after an election to confirm the district as required by Section 3870.003.
(e)  The board may adopt an order dividing the district before or after the date the board holds an election under Section 3870.003 to confirm the district's creation.
(f)  An order dividing the district shall:
(1)  name each new district;
(2)  include the metes and bounds of each new district;
(3)  appoint temporary directors for each new district; and
(4)  provide for the division of assets and liabilities between each new district.
(g)  On or before the 30th day after the adoption of an order dividing the district, the district shall file the order dividing the district with the Texas Commission on Environmental Quality and record the order in the real property records of the county in which the district is located.
(h)  Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 49.102, Water Code.
(i)  Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 3870.004 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.
(j)  Any new district created by the division of the district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.151. Elections Regarding Taxes or Bonds

Sec. 3870.151.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 3870.153.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.152. Operation and Maintenance Tax

Sec. 3870.152.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 3870.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.153. Contract Taxes

Sec. 3870.153.  CONTRACT TAXES.  (a)  As provided by Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.154. Powers of County Development District

Sec. 3870.154.  POWERS OF COUNTY DEVELOPMENT DISTRICT.  The district has the powers of a county development district provided by Chapter 383, Local Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.155. Sales and Use Tax; Election

Sec. 3870.155.  SALES AND USE TAX; ELECTION.  (a)  The district may adopt a sales and use tax as provided by Chapter 383, Local Government Code, after an election in which the majority of the voters of the district voting in the election authorize the adoption of the tax.
(b)  The board by order may call an election to authorize a sales and use tax.  The election may be held with any other district election.
(c)  The district shall provide notice of the election and shall hold the election in the manner prescribed by Section 3870.151.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.156. Sales and Use Tax Rate

Sec. 3870.156.  SALES AND USE TAX RATE.  (a)  On adoption of the tax authorized by Section 3870.155, there is imposed a tax on the receipts from the sale at retail of taxable items within the district, and an excise tax on the use, storage, or other consumption in the district of taxable items purchased, leased, or rented from a retailer in the district during the period after the tax is in effect.
(b)  The board shall determine the rate of the tax, which may be in one-eighth of one percent increments not to exceed the maximum rate authorized by the district voters at the election.  The board may lower the tax rate to the extent it does not impair any outstanding debt or obligations payable from the tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter D. General Financial Provisions › Section 3870.157. Hotel Occupancy Tax

Sec. 3870.157.  HOTEL OCCUPANCY TAX.  (a)  In this section, "hotel" has the meaning assigned by Section 156.001, Tax Code.
(b)  For purposes of this section, a reference in Subchapter A, Chapter 352, Tax Code, to a county is a reference to the district and a reference in Subchapter A, Chapter 352, Tax Code, to the county's officers or governing body is a reference to the board.
(c)  Except as inconsistent with this section, Subchapter A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized by this section, including the collection of the tax, subject to the limitations prescribed by Sections 352.002(b) and (c), Tax Code.
(d)  The district may impose a hotel occupancy tax for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; and
(3)  provide a service.
(e)  The district may examine and receive information related to the imposition of hotel occupancy taxes to the same extent as if the district were a county.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter E. Bonds and Other Obligations › Section 3870.201. Authority to Issue Bonds and Other Obligations

Sec. 3870.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter E. Bonds and Other Obligations › Section 3870.202. Taxes for Bonds

Sec. 3870.202.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3870 - Maverick Improvement District of Palo Pinto County › Subchapter E. Bonds and Other Obligations › Section 3870.203. Bonds for Road Projects

Sec. 3870.203.  BONDS FOR ROAD PROJECTS.  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 245 (S.B. 2470), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3871 - Trinity River West Municipal Management District › Subchapter A. General Provisions › Section 3871.001. Definitions

Sec. 3871.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of Dallas.
(3)  "District" means the Trinity River West Municipal Management District.
(4)  "Improvement project" means a project authorized by Section 3871.102:
(A)  inside the boundaries of the district; and
(B)  in areas outside but adjacent to the boundaries of the district if the project is for the purpose of extending public infrastructure improvements beyond the district's boundaries to a logical terminus.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter A. General Provisions › Section 3871.002. Creation and Nature of District

Sec. 3871.002.  CREATION AND NATURE OF DISTRICT.  The district is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter A. General Provisions › Section 3871.003. Purpose; Legislative Findings

Sec. 3871.003.  PURPOSE; LEGISLATIVE FINDINGS.  (a)  The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.  By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, the public welfare in the district, and educational scholarships for college-bound students residing in or out of the district.
(c)  The district is created to supplement and not to supplant city services provided in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter A. General Provisions › Section 3871.004. Findings of Benefit and Public Purpose

Sec. 3871.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The creation of the district is in the public interest and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment;
(3)  developing or expanding transportation and commerce; and
(4)  providing quality residential housing.
(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 residential 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 educational scholarships for college-bound students residing in or out of the district.
(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, vehicle parking, and street art objects are parts of and necessary components of a street and are considered to be an improvement project that includes 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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter A. General Provisions › Section 3871.005. District Territory

Sec. 3871.005.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 2 of the Act creating this chapter, as that territory may have been modified under Section 3871.106.
(b)  A mistake in the field notes of the district contained in Section 2 of the Act creating this chapter or in copying the field notes in the legislative process does not in any way affect:
(1)  the district's organization, existence, or validity;
(2)  the district's right to contract, including the right to issue any type of bond or other obligation for a purpose for which the district is created;
(3)  the district's right to impose or collect an assessment, tax, or any other revenue; or
(4)  the legality or operation of the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter A. General Provisions › Section 3871.006. Eligibility for Inclusion in Special Zones

Sec. 3871.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  (a)  All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created by the city under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created by the city under Chapter 312, Tax Code; or
(3)  an enterprise zone created by the city under Chapter 2303, Government Code.
(b)  If the city creates a tax increment reinvestment zone described by Subsection (a), the city and the board of directors of the zone, by contract with the district, may grant money deposited in the tax increment fund to the district to be used by the district for the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code, including the right to pledge the money as security for any bonds issued by the district for an improvement project.  A project may not receive public funds under Section 380.002(b), Local Government Code, unless the project has been approved by the governing body of the city by the adoption of a resolution.
(c)  A tax increment reinvestment zone created by the city in the district is not subject to the limitations provided by Section 311.006(b), Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.051. Governing Body; Terms

Sec. 3871.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of nine directors composed of:
(1)  six directors appointed by the governing body of the city; and
(2)  three city employees appointed by the governing body of the city.
(b)  Directors serve staggered terms of four years, with four or five directors' terms expiring July 1 of each odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.052. Appointment of Directors: Board Meetings

Sec. 3871.052.  APPOINTMENT OF DIRECTORS: BOARD MEETINGS.  (a)  Directors appointed under Section 3871.051(a)(1) must meet at least one of the qualifications prescribed by Section 3871.053.
(b)  A person may not be appointed to the board if the appointment of that person would result in fewer than:
(1)  four of the directors being residents of the city and meeting the qualifications prescribed by Section 3871.053(a)(2), (3), (4), or (5); and
(2)  two of the directors meeting the qualifications prescribed by Section 3871.053(a)(1).
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.053. Qualifications of Directors

Sec. 3871.053.  QUALIFICATIONS OF DIRECTORS.  (a)  To be qualified to serve as a director appointed under Section 3871.051(a)(1), 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 or a registered voter who lives within a two-mile radius of the district;
(2)  an owner of property in the district;
(3)  an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district;
(4)  an owner of a beneficial interest in a trust that owns property in the district; or
(5)  an agent, employee, or tenant of a person covered by Subdivision (2), (3), or (4).
(b)  Section 49.052, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.054. Vacancy

Sec. 3871.054.  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 3871.051(a) or 3871.053 to serve for the remainder of the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.055. Director's Oath or Affirmation

Sec. 3871.055.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.056. Officers

Sec. 3871.056.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.057. Compensation; Expenses; Liability Insurance for Directors

Sec. 3871.057.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter B. Board of Directors › Section 3871.058. Conflicts of Interest

Sec. 3871.058.  CONFLICTS OF INTEREST.  (a)  A director, including a director who qualifies under Section 3871.053(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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.101. General Powers and Duties

Sec. 3871.101.  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;
(2)  Chapter 441, Transportation Code, except that:
(A)  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; and
(B)  the district may not build or operate a toll road;
(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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.103. General Powers Regarding Contracts

Sec. 3871.103.  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.
(d)  The district must follow Resolution 08-2826, adopted by the city on October 22, 2008, for construction, procurement, and professional services contracts related to the use of historically underutilized businesses and minority contracting in the implementation of its district plan.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.104. Rules; Enforcement

Sec. 3871.104.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.105. Name Change

Sec. 3871.105.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.106. Adding or Removing Territory

Sec. 3871.106.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.107. Economic Development

Sec. 3871.107.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.108. No Eminent Domain Power

Sec. 3871.108.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.109. Terms of Employment; Compensation

Sec. 3871.109.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter C. Powers and Duties › Section 3871.110. Notice to Property Owners

Sec. 3871.110.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.152. Borrowing Money

Sec. 3871.152.  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 3871.160, 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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.153. Assessments; Exemption

Sec. 3871.153.  ASSESSMENTS; EXEMPTION.  (a)  The district may impose an assessment on property in the district, including an assessment on commercial, industrial, or office  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 purpose 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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.154. Residential Property Exempt

Sec. 3871.154.  RESIDENTIAL PROPERTY EXEMPT.  The district may not impose taxes, assessments, fees, or any other requirement for payment, construction, alteration, or dedication on single-family detached residential property, residential condominiums, duplexes, triplexes, and quadruplexes.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.155. Maintenance and Operation Tax; Election

Sec. 3871.155.  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 3871.160.
(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 3871.151(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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.156. Use of Surplus Maintenance and Operation Money

Sec. 3871.156.  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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.157. Bonds and Other Obligations

Sec. 3871.157.  BONDS AND OTHER OBLIGATIONS.  (a)  Subject to the requirements of Sections 3871.159 and 3871.160, 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. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.158. Bond Maturity

Sec. 3871.158.  BOND MATURITY.  Bonds may mature not more than 40 years from their date of issue.
Added by Acts 2009, 81st Leg., R.S., Ch. 1067 (H.B. 4720), 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 3871 - Trinity River West Municipal Management District › Subchapter D. General Financial Provisions › Section 3871.159. Taxes for Bonds and Other Obligations

Sec. 3871.159.  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. 1067 (H.B. 4720), Sec. 1, eff. June 19, 2009.