reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.208. Commission Approval

Sec. 375.208.  COMMISSION APPROVAL.  A district must obtain approval of the commission as provided by Section 49.181, Water Code, only if the bonds are to provide water, sewage, or drainage facilities.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 9, eff. June 18, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.209. Taxes for Bonds

Sec. 375.209.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 15, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter K. Competitive Bidding; Disadvantaged Businesses › Section 375.221. Applicability of Water Districts Law to Competitive Bidding on Certain Contracts

Sec. 375.221.  APPLICABILITY OF WATER DISTRICTS LAW TO COMPETITIVE BIDDING ON CERTAIN CONTRACTS.  (a)  Except as provided by Subsection (b) of this section, Subchapter I, Chapter 49, Water Code, applies to a district contract for construction work, equipment, materials, or machinery.
(b)   The board may adopt rules governing receipt of bids and the award of the contract and providing for the waiver of the competitive bid requirement if:
(1)  there is an emergency;
(2)  the needed materials are available from only one source;
(3)  in a procurement requiring design by the supplier competitive bidding would not be appropriate and competitive negotiation, with proposals solicited from an adequate number of qualified sources, would permit reasonable competition consistent with the nature and requirements of the procurement; or
(4)  after solicitation, it is ascertained that there will be only one bidder.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 20, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 13, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 16, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter K. Competitive Bidding; Disadvantaged Businesses › Section 375.222. Disadvantaged Businesses

Sec. 375.222.  DISADVANTAGED BUSINESSES.  (a)  A district shall attempt to stimulate the growth of disadvantaged businesses inside its boundaries by encouraging the full participation of disadvantaged businesses in all phases of its procurement activities and affording those disadvantaged businesses a full and fair opportunity to compete for district contracts.
(b)  A district shall establish one or more programs designed to increase participation by disadvantaged businesses in public contract awards.  Each program shall be structured to further remedial goals and shall be established to eradicate the effects of any prior discrimination.
(c)  The board shall review each of its disadvantaged business programs on an annual basis to determine if each program is the most effective method for remedying historical discriminatory actions.  The board's review shall determine whether statistically significant disparities exist between the disadvantaged businesses in the relevant market that are qualified to undertake district work and the percentage of total district funds that are awarded to disadvantaged businesses.
(d)  A program established by a district under this section must attempt to remedy any statistically significant disparities that are found to exist, and, because a program is remedial in nature, it continues only until its purposes and objectives are met as determined by the regular periodic review.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter K. Competitive Bidding; Disadvantaged Businesses › Section 375.223. Supersedes Other Law

Sec. 375.223.  SUPERSEDES OTHER LAW.  This chapter states the required procedures necessary for the district to award contracts and supersedes any law or other requirement with respect to award of contracts.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter L. Elections › Section 375.241. Time of Election

Sec. 375.241.  TIME OF ELECTION.  (a)  A bond election, maintenance tax election, and any other election held in a district may be held at the same time and in conjunction with any other election.
(b)  Elections shall be called and held as provided by the appropriate provisions of Chapter 54, Water Code.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter L. Elections › Section 375.242. Election Called by Board

Sec. 375.242.  ELECTION CALLED BY BOARD.  The board may call an election for the purpose of voting on any measure.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter L. Elections › Section 375.243. Petition Required for Bond Election

Sec. 375.243.  PETITION REQUIRED FOR BOND ELECTION.  The board may not call a bond election unless a written petition has been filed with the board requesting an election signed by the owners of a majority of the assessed value of the property subject to assessment or taxation by the district as determined from the most recent certified county property tax rolls.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 717 (H.B. 304), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter L. Elections › Section 375.244. Election to Approve Issuance of Bonds

Sec. 375.244.  ELECTION TO APPROVE ISSUANCE OF BONDS.  (a)  Bonds payable in whole or in part from taxes may not be issued unless approved by a majority or any larger percentage if required by the constitution of the qualified voters in the district voting at an election held for that purpose.
(b)  Bonds payable from sources other than taxes may be issued by the board, and assessments may be levied without approval at an election.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter M. Dissolution › Section 375.261. Dissolution by Board Vote

Sec. 375.261.  DISSOLUTION BY BOARD VOTE.  Except as limited by Section 375.264, the board of a district by majority vote may dissolve the district at any time.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter M. Dissolution › Section 375.262. Dissolution by Petition by Owners

Sec. 375.262.  DISSOLUTION BY PETITION BY OWNERS.  Except as limited by Section 375.264, the board shall dissolve the district on written petition filed with the board by the owners of at least two-thirds of the assessed value of the property subject to assessment or taxation by the district based on the most recent certified county property tax rolls.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 717 (H.B. 304), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter M. Dissolution › Section 375.2621. Prohibition on Issuance of Bonds After Petition

Sec. 375.2621.  PROHIBITION ON ISSUANCE OF BONDS AFTER PETITION.  If a petition for dissolution under Section 375.262 is filed with the board, the board must consider the petition not later than the 60th day after the date the petition is filed.  The district may not issue bonds secured by assessments after the date the board confirms that the petition is valid and complete under Section 375.262.
Added by Acts 2021, 87th Leg., R.S., Ch. 520 (S.B. 604), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter M. Dissolution › Section 375.263. Dissolution by Municipal Ordinance

Sec. 375.263.  DISSOLUTION BY MUNICIPAL ORDINANCE.  (a)  The governing body of a municipality in which a district is wholly located, by a vote of not less than two-thirds of its membership, may adopt an ordinance dissolving the district.
(b)  On the adoption of the ordinance, the district is dissolved, and, in accordance with Section 43.075, the municipality succeeds to the property and assets of the district and assumes all bonds, debts, obligations, and liabilities of the district.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.20, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter M. Dissolution › Section 375.264. Limitations on Dissolution by Board of District With Debt

Sec. 375.264.  LIMITATIONS ON DISSOLUTION BY BOARD OF DISTRICT WITH DEBT.  (a)  A district may not be dissolved by its board under Section 375.261 or after a petition is filed under Section 375.262 if the district has outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds.
(b)  If a petition for dissolution is filed under Section 375.262 with the board of a district and the district has outstanding bonded indebtedness secured by assessments:
(1)  the district shall remain in existence solely for the purposes of winding up district operations and discharging its bonded indebtedness; and
(2)  the board shall use all district money that is available to:
(A)  wind up district operations; and
(B)  repay or defease the bonded indebtedness as soon as practicable in accordance with the order or resolution authorizing the issuance of the bonds.
(c)  Subsection (b) does not apply to a district that has outstanding bonded indebtedness secured by a source other than assessments on the date the petition is filed with the board.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.21, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 18, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 520 (S.B. 604), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter N. Contracts With District › Section 375.281. Contracts With District

Sec. 375.281.  CONTRACTS WITH DISTRICT.  Notwithstanding any other law to the contrary, a state agency, municipality, county, other political subdivision, corporation, individual, or other entity may contract with a district without further authorization to carry out the purposes of this chapter.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter N. Contracts With District › Section 375.282. Strategic Partnership Agreement

Sec. 375.282.  STRATEGIC PARTNERSHIP AGREEMENT.  A district with territory in the extraterritorial jurisdiction of a municipality may negotiate and enter into a written strategic partnership with the municipality under Section 43.0751.
Added by Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 19, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.301. Legislative Findings; Purposes

Sec. 375.301.  LEGISLATIVE FINDINGS;  PURPOSES.  (a)  The legislature finds that:
(1)  the closure of certain defense bases has had a negative impact on the economic development of the areas within the former defense bases and the areas in the general vicinity of the former defense bases and that the creation of the specific type of authority provided for in this subchapter is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution;
(2)  it is an appropriate role for a municipality to foster economic opportunity, job generation, and capital investment by promoting a favorable business climate, preparing the workforce for productive employment, and supporting infrastructure development in areas around defense bases that are intended to be annexed by the municipality;  and
(3)  the programs designed to create a competent and qualified workforce are essential both to the economic growth and vitality of many municipalities in this state and to the elimination of unemployment and underemployment in those municipalities.
(b)  The programs authorized by this subchapter are in the public interest, promote the economic welfare of this state, and serve the public purpose of developing and diversifying the economy of this state and of eliminating unemployment and underemployment in this state.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.302. Construction of Subchapter

Sec. 375.302.  CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter shall be liberally construed in conformity with the findings and purposes stated in Section 375.301.
(b)  Except as provided by this subchapter, the other provisions of this chapter apply to an authority created under this subchapter.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.303. Definitions

Sec. 375.303.  DEFINITIONS.  In this subchapter:
(1)  "Authority" means a defense adjustment management authority created under this subchapter.
(2)  "Eligible project" means a program authorized by Section 379A.051 and a project as defined by Section 501.002 and Sections  505.151-505.156.  Notwithstanding this definition, seeking a charter for or operating an open-enrollment charter school authorized by Subchapter D, Chapter 12, Education Code, shall not be an eligible project.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.22, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.304. Eligibility for Creation by Municipality

Sec. 375.304.  ELIGIBILITY FOR CREATION BY MUNICIPALITY.  (a)  The governing body of a municipality by resolution or ordinance may create an authority in an area that is:
(1)  in the same county as a military installation or facility that is:
(A)  closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note) and its subsequent amendments; or
(B)  a base efficiency project as defined by Section 379B.001; and
(2)  in an area that has been annexed or disannexed for full or limited purposes under Subchapter F, Chapter 43, by a municipality with a population of at least 1.1 million or is in the extraterritorial jurisdiction of a municipality with a population of at least 1.1 million and that has been annexed for limited purposes by the municipality under Subchapter F, Chapter 43.
(b)  Subchapter B and Sections 375.041 and 375.042 do not apply to this subchapter.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 334 (S.B. 1105), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.305. Hearing on Creation of Authority

Sec. 375.305.  HEARING ON CREATION OF AUTHORITY.  (a)  Not earlier than the 60th day or later than the 30th day before the date the governing body of the municipality creates the authority, the governing body of the municipality shall hold two public hearings to consider the creation of the proposed authority.  The municipality must publish notice of each public hearing in a newspaper of general circulation in the area of the proposed authority at least seven days before each public hearing.
(b)  The notice required by Subsection (a) must state:
(1)  the name of the proposed authority;
(2)  the date, time, and place for the public hearing;
(3)  the boundaries of the proposed authority, including a map of the proposed authority; and
(4)  the powers of the proposed authority, including the power to levy assessments and to impose a sales and use tax.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 334 (S.B. 1105), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.306. Board of Directors

Sec. 375.306.  BOARD OF DIRECTORS.  (a)  The board consists of 11 directors.
(b)  The municipality shall appoint four members of the board.
(c)  The county in which the municipality is primarily located shall appoint four members of the board.
(d)  School districts whose boundaries overlap with an authority by 5,000 or more acres shall collectively appoint three members of the board.
(e)  Except for the presiding officer, directors are appointed for terms of two years.  Terms of directors may be staggered, and directors may serve successive terms.
(f)  A vacancy on the board is filled for the unexpired term by the governing body of the entity that appointed the director who served in the vacant position.
(g)  The mayor of the municipality and the county judge of the county in which the authority is primarily located shall, alternately, appoint one director to serve as presiding officer, with the first appointment to be made by the mayor of the municipality.  The presiding officers shall serve for a term of four years beginning on January 1 of the year following the appointment.  The board may elect an assistant presiding officer to preside in the absence of the presiding officer or when there is a vacancy in that office.  The board may elect other officers as it considers appropriate.
(h)  Sections 375.061, 375.063, 375.066, and 375.068 and the limitations of Section 375.072(c) do not apply to this subchapter.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 334 (S.B. 1105), Sec. 3, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 663 (S.B. 1493), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.307. Qualifications of Directors

Sec. 375.307.  QUALIFICATIONS OF DIRECTORS.  (a)  At least three directors appointed by the municipality and at least three directors appointed by the county must:
(1)  reside in the authority; or
(2)  own property in the authority.
(b)  Representatives or agents of a school district whose boundaries overlap with an authority or of an institution of higher education that operates facilities within an authority may serve on the board.
(c)  To be qualified to serve as a director appointed by the municipality or the county, a person who does not meet the qualifications of Subsection (a) must be:
(1)  an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the authority;
(2)  an owner of a beneficial interest in a trust that owns property in the authority; or
(3)  an agent, employee, or tenant of a person who:
(A)  owns property in the authority; or
(B)  is covered by Subdivision (1) or (2).
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 663 (S.B. 1493), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.308. Powers of the Authority; Municipality

Sec. 375.308.  POWERS OF THE AUTHORITY;  MUNICIPALITY.  (a)  An authority:
(1)  may plan, design, implement, develop, construct, and finance eligible projects as defined in this subchapter;  and
(2)  has the powers of a municipality under Chapter 378, as added by Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999, and Chapter 380.
(b)  An authority may not:
(1)  issue bonds or notes without the prior approval of the governing body of the municipality that created the authority;
(2)  seek a charter for or operate, within the boundaries of the authority, an open-enrollment charter school authorized by Subchapter D, Chapter 12, Education Code;  or
(3)  levy ad valorem property taxes.
(c)  A municipality may not seek a charter for or operate an open-enrollment charter school authorized by Subchapter D, Chapter 12, Education Code, within the boundaries of the authority.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.3085. Annexation or Disannexation

Sec. 375.3085.  ANNEXATION OR DISANNEXATION.  (a)  The board may vote to annex or disannex territory to an authority.
(b)  Not earlier than the 60th or later than the 30th day before the date the board votes on the annexation or disannexation, the board shall hold two public hearings to consider the annexation or disannexation.  The board must publish notice of each public hearing in a newspaper of general circulation in the area of the proposed annexed or disannexed territory at least seven days before each public hearing.
(c)  The notice must state:
(1)  the date, time, and place for the public hearing; and
(2)  the amended boundaries of the authority, including a map of the proposed annexation or disannexation of territory in the authority.
(d)  If the board approves the proposed annexation or disannexation, the board shall submit the action to the governing body of the municipality for approval.  The annexation or disannexation takes effect on the date the governing body of the municipality approves the annexation or disannexation by ordinance.
(e)  Section 375.043 does not apply to the authority.
Added by Acts 2005, 79th Leg., Ch. 334 (S.B. 1105), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.309. Municipal Annexation of Area in an Authority

Sec. 375.309.  MUNICIPAL ANNEXATION OF AREA IN AN AUTHORITY.  (a)  A municipality that creates an authority under this subchapter may annex all or part of the territory located in the authority under Chapter 43.
(b)  Annexation of territory located in the authority does not affect the operation of the authority.
(c)  Creation of an authority does not:
(1)  affect the power of the municipality to designate all or part of an area in the authority as an industrial authority;
(2)  limit a power of the municipality conferred by Chapter 42;  or
(3)  impose a duty on or affect the power of the municipality to provide municipal services to any area in the municipality or its extraterritorial jurisdiction that is in the authority.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.310. Authority Plan

Sec. 375.310.  AUTHORITY PLAN.  (a)  An authority may only develop or construct public improvements or eligible projects in areas designated in an authority plan approved by the board and the governing body of the municipality that created the authority.
(b)  The plan must include the information required for a municipal reinvestment zone under Sections 311.011(b) and (c), Tax Code, for the area of the authority.  For the purposes of applying those sections, the area of the authority affected constitutes a zone.
(c)  The authority shall generate the plan based on the economic development needs of the property owners and constituents in the authority.
(d)  After approval by the board, the authority shall submit the plan to the municipality for approval.  Before taking action to approve or reject the plan, the municipality shall make a copy of the proposed plan available to the public and hold hearings and publish notice of the hearings in the manner required by Section 375.305.  The notice of the public hearings must state where a copy of the proposed plan is available for inspection.
(e)  The board may amend and submit the approved plan to the governing body of the municipality for approval.
(f)  Before approving the authority's plan or any amendment, the municipality shall publish notice and hold hearings as required by Subsection (d).
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 334 (S.B. 1105), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.311. Sales and Use Tax

Sec. 375.311.  SALES AND USE TAX.  (a)  An authority may impose a sales and use tax to support or finance public infrastructure projects and eligible projects authorized under this subchapter if the tax is authorized by a majority of the qualified voters of the authority voting at an election held for that purpose in the manner provided by Sections 375.241 and 375.242.
(b)  If an authority adopts the tax authorized by Subsection (a), a tax is imposed on the receipts from the sale at retail of taxable items within the authority at the rate approved by the voters.  The rate must be equal to one-eighth, one-fourth, three-eighths, or one-half of one percent.
(c)  Chapter 321, Tax Code, governs the imposition, computation, administration, governance, and abolition of a tax imposed under this section.
(d)  If any territory in the authority is annexed by the municipality, the municipality's sales and use tax applies in the annexed area.  If the authority's sales and use tax rate, when combined with any other sales and use tax applicable in the authority, exceeds two percent, the authority's sales and use tax is abolished upon annexation.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.312. Zoning and Planning

Sec. 375.312.  ZONING AND PLANNING.  (a)  An authority has the power of a municipality under Chapters 211 and 212 in the area of the authority, including an area of the authority that is in the boundaries of a municipality's limited purpose jurisdiction.  On annexation of an area of the authority for full purposes by a municipality, the authority's power to regulate the area under Chapter 211 or 212 expires.  The authority regains the power in an area if the municipality disannexes the area.
(b)  The board may divide the authority into distinct areas as provided by Section 211.005 to accomplish the purposes of this chapter and Chapter 211.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 334 (S.B. 1105), Sec. 6, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.313. Regional Development Agreements

Sec. 375.313.  REGIONAL DEVELOPMENT AGREEMENTS.  (a)  An authority may enter into regional development agreements with its creating municipality, other municipalities, counties, school districts, institutions of higher education, other political subdivisions, and private interests to:
(1)  promote and advance long-term economic development in the authority;  or
(2)  achieve the purposes for the authority's creation and to implement the powers provided to the authority under this chapter.
(b)  An authority, a municipality, a school district whose boundary overlaps with a portion of an authority, or an institution of higher education may enter into an agreement to:
(1)  fund improvements to school facilities and teacher compensation of school districts or institutions of higher education in the authority;  and
(2)  develop programs provided for in Section 379A.051.
(c)  Any agreement entered into with a school district under this section shall be designed in such a way that the school district funding under Title 2, Education Code, shall be not less than the school district would have received had the school district not entered into the agreement.  This provision may be waived by a school district board of trustees by specific action suspending the provisions of this subsection.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.314. Dissolution of the Authority

Sec. 375.314.  DISSOLUTION OF THE AUTHORITY.  (a)  The governing body of the municipality that created an authority under this subchapter may dissolve the authority.
(b)  Before dissolution, the municipality shall publish notice and hold public hearings on the proposed dissolution in the manner provided in Section 375.305.
(c)  On dissolution, the municipality shall assume the assets, debts, and other obligations of the authority.
(d)  Subchapter M does not apply to this subchapter.
Added by Acts 2003, 78th Leg., ch. 961, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter O. Defense Adjustment Management Authority › Section 375.315. Effectiveness Study; Report

Sec. 375.315.  EFFECTIVENESS STUDY; REPORT.  (a)  The board of an authority shall study the effectiveness of the authority.
(b)  Not later than December 31 of each even-numbered year, the board of an authority shall report to the legislature on the effectiveness of the authority.  The report must:
(1)  compare utility and infrastructure development in:
(A)  the authority since the authority's creation; and
(B)  areas in the municipality that created the authority that are not in the authority;
(2)  identify methods for improving residential, commercial, and industrial development in the authority;
(3)  identify limitations and impediments to development in the authority;
(4)  identify methods to improve the authority's accountability to property owners in the authority; and
(5)  identify any competitive advantage opportunities of the authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 663 (S.B. 1493), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.351. Consolidation of Districts

Sec. 375.351.  CONSOLIDATION OF DISTRICTS.  (a)  Two or more districts may consolidate into one district under this subchapter if none of the districts to be consolidated has issued bonds or notes secured by assessments or ad valorem taxes, or has levied taxes.
(b)  To initiate a consolidation, the board of a district shall adopt a resolution proposing a consolidation and deliver a copy of the resolution to the board of each district with which consolidation is proposed.
(c)  A consolidation under this subchapter occurs if the board of each involved district adopts a resolution containing the terms and conditions for the consolidation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.352. Terms and Conditions for Consolidation

Sec. 375.352.  TERMS AND CONDITIONS FOR CONSOLIDATION.  (a)  The terms and conditions for consolidation must include:
(1)  adoption of a name for the consolidated district;
(2)  the number and apportionment of directors to serve on the board of the consolidated district;
(3)  the effective date of the consolidation;
(4)  an agreement on finances for the consolidated district, including disposition of funds, property, and other assets of each district; and
(5)  an agreement on governing the districts during the transition period, including selection of officers.
(b)  The terms and conditions for consolidation may include any terms or conditions to which the board of each district agrees.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.353. Notice and Hearing on Consolidation

Sec. 375.353.  NOTICE AND HEARING ON CONSOLIDATION.  (a)  Each district's board shall publish notice and hold a public hearing in its district regarding the terms and conditions for consolidation of the districts.
(b)  Notice of the hearing must be published one time in a newspaper of general circulation in the area of each district at least seven days before the date of the hearing.
(c)  After the hearing, the board by resolution may approve the terms and conditions for consolidation and enter an order consolidating the districts.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.354. Governing Consolidated Districts

Sec. 375.354.  GOVERNING CONSOLIDATED DISTRICTS.  (a)  After two or more districts are consolidated, they become one district and are governed as one district.
(b)  During the transition period, the officers of each district shall continue to act jointly as officers of the original districts to settle the affairs of their respective districts.
(c)  The consolidated district may exercise the powers of the districts being consolidate within the respective boundaries of the original districts.  For land annexed into the consolidated district, the consolidated district may exercise any of the powers of the original districts.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.355. Debts of Original Districts

Sec. 375.355.  DEBTS OF ORIGINAL DISTRICTS.  (a)  After two or more districts are consolidated, the consolidated district shall protect the debts of the original districts and shall assure that the debts are not impaired.  If the consolidated district has taxing authority, the debts may be paid by taxes levied on the land in the original districts as if they had not consolidated or from contributions from the consolidated district on terms stated in the consolidation agreement.
(b)  If the consolidated district has taxing authority and assumes the bonds, notes, and other obligations of the original districts, taxes may be levied uniformly on all taxable property within the consolidated district to pay the debts.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.356. Assessment and Collection of Taxes

Sec. 375.356.  ASSESSMENT AND COLLECTION OF TAXES.  If the consolidated district has taxing authority, the district shall assess and collect taxes on all property in the district uniformly, for maintenance and operation of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter P. Consolidation of Districts › Section 375.357. Filing of Order With County Clerk and Executive Director

Sec. 375.357.  FILING OF ORDER WITH COUNTY CLERK AND EXECUTIVE DIRECTOR.  A consolidation order issued by the board shall be kept in the records of the consolidated district, recorded in the office of the county clerk in each of the counties in the consolidated district, and filed with the executive director of the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1155 (H.B. 3009), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.001. Authorized Financing

Sec. 376.001.  AUTHORIZED FINANCING.  An assessment under this chapter may finance:
(1)  energy efficiency public improvements to developed lots for which the costs and time delays of creating an entity under law to assess the lot would be prohibitively large relative to the cost of the energy efficiency public improvement to be financed; and
(2)  the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to residential, commercial, industrial, or other real property.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.002. Certain Financing Prohibited

Sec. 376.002.  CERTAIN FINANCING PROHIBITED.  An assessment under this chapter may not be used to finance:
(1)  facilities for undeveloped lots or lots undergoing development at the time of the assessment; or
(2)  the purchase or installation of appliances not permanently fixed to real property.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.003. Consent for Assessment Required

Sec. 376.003.  CONSENT FOR ASSESSMENT REQUIRED.  A municipality may impose an assessment under this chapter only with the consent of the owner of the assessed property at the time of the assessment.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.004. Designation of Area for Assessment

Sec. 376.004.  DESIGNATION OF AREA FOR ASSESSMENT.  (a)  The governing body of a municipality may determine that it is convenient and advantageous to designate an area of the municipality within which authorized municipal officials and property owners may enter into contracts to assess properties for energy efficiency public improvements described by Section 376.001(1) and make financing arrangements under this chapter.
(b)  The governing body of a municipality may determine that it is convenient, advantageous, and in the public interest to designate an area of the municipality within which authorized municipal officials and property owners may enter into contracts to assess properties to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.
(c)  An area designated by the governing body of a municipality under this section may include the entire municipality.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 376 - Contractual Assessments for Energy Efficiency Improvements › Section 376.005. Resolution of Intention to Contract for Assessment

Sec. 376.005.  RESOLUTION OF INTENTION TO CONTRACT FOR ASSESSMENT.  (a)  To make a determination under Section 376.004, the governing body of a municipality must adopt a resolution indicating the governing body's intention to designate an area for assessment.
(b)  The resolution of intention must:
(1)  include a statement that the municipality proposes to make contractual assessment financing available to property owners;
(2)  identify the types of energy efficiency public improvements, distributed generation renewable energy resources, or energy efficiency improvements that may be financed;
(3)  describe the boundaries of the area in which contracts for assessments may be entered into;
(4)  thoroughly describe the proposed arrangements for financing the program; and
(5)  state the time and place for a public hearing and that interested persons may object to or inquire about the proposed program at the hearing.
(c)  If contractual assessments are to be used to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property, the resolution of intention must state that it is in the public interest to do so.
(d)  The resolution shall direct an appropriate municipal official to:
(1)  prepare a report under Section 376.006; and
(2)  consult with the appropriate appraisal district or districts regarding collecting the proposed contractual assessments with property taxes imposed on the assessed property.
Added by Acts 2009, 81st Leg., R.S., Ch. 655 (H.B. 1937), Sec. 1, eff. September 1, 2009.