reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0601. Sales and Use Tax

Sec. 3943.0601.  SALES AND USE TAX.  (a)  For purposes of this section:
(1)  "Taxable items" includes all items subject to a sales and use tax that is imposed by the county.
(2)  "Use," with respect to a taxable service, means the derivation in the district of a direct or indirect benefit from the service.
(b)  The district may impose a sales and use tax if authorized by a majority vote at an election held for that purpose.
(c)  If the district adopts a sales and use tax:
(1)  the tax is imposed on the receipts from the sale at retail of taxable items in the district; and
(2)  a use tax is imposed on the use, storage, or other consumption in the district of taxable items purchased or rented from a retailer during the period in which the sales and use tax is effective in the district.
(d)  The rate of the use tax is the same as the rate of the sales tax portion of the tax applied to the sales price of the taxable items and is included in the sales tax.
(e)  The district may not adopt a sales and use tax if as a result of the adoption of the tax the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0602. Tax Election Procedures

Sec. 3943.0602.  TAX ELECTION PROCEDURES.  (a)  The board may order an election to adopt, change the rate of, or abolish a sales and use tax.  The election may be held at the same time and in conjunction with a directors' election.
(b)  The election must be held on the first uniform election date that occurs after the time required by Section 3.005, Election Code.
(c)  Notice of the election shall be given and the election shall be held in the manner prescribed for a bond election by Subchapter D, Chapter 49, Water Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0603. Ballot Wording

Sec. 3943.0603.  BALLOT WORDING.  (a)  In an election to adopt a sales and use tax, the ballot shall be prepared to permit voting for or against the proposition:  "The adoption of a local sales and use tax by the Channelview Improvement District at the rate of (proposed tax rate)."
(b)  In an election to change the rate of the sales and use tax, the ballot shall be prepared to permit voting for or against the proposition:  "The (increase or decrease, as applicable) in the rate of the local sales and use tax imposed by the Channelview Improvement District from (tax rate on election date) percent to (proposed tax rate) percent."
(c)  In an election to abolish the sales and use tax, the ballot shall be prepared to permit voting for or against the proposition:  "The abolition of the local sales and use tax imposed by the Channelview Improvement District."
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0604. Applicability of Certain Tax Code Provisions

Sec. 3943.0604.  APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.  (a)  Chapter 323, Tax Code, governs the imposition, computation, administration, enforcement, and collection of the sales and use tax authorized by this subchapter except to the extent Chapter 323, Tax Code, is inconsistent with this chapter.
(b)  A reference in Chapter 323, Tax Code, to a county or the commissioners court of a county is a reference to the district or the board, respectively, for the purposes of this chapter.
(c)  Nothing in this chapter alters, increases, decreases, or affects a sales and use tax imposed by a political subdivision other than the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0605. Tax Rates

Sec. 3943.0605.  TAX RATES.  The district may impose the sales and use tax in increments of one-eighth of one percent, with a minimum tax of one-half percent and a maximum tax of one percent.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0606. Abolition of Tax

Sec. 3943.0606.  ABOLITION OF TAX.  The board by order and without an election may abolish the sales and use tax imposed by the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0607. Use of Taxes

Sec. 3943.0607.  USE OF TAXES.  The district may use the proceeds from the sales and use tax only for the purposes for which the district was created.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter F. Sales and Use Tax › Section 3943.0608. Effective Date of Tax or Tax Change

Sec. 3943.0608.  EFFECTIVE DATE OF TAX OR TAX CHANGE.  The adoption of a tax rate or a change in the tax rate takes effect after the expiration of the first complete calendar quarter occurring after the date on which the comptroller receives a notice of the results of the election.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter I. Dissolution › Section 3943.0901. Dissolution by Board Order

Sec. 3943.0901.  DISSOLUTION BY BOARD ORDER.  The board by order may dissolve the district at any time unless the district has outstanding indebtedness or contractual obligations, as provided by Section 375.264, Local Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter I. Dissolution › Section 3943.0902. Dissolution by Election

Sec. 3943.0902.  DISSOLUTION BY ELECTION.  (a)  The board by order shall dissolve the district if a majority of the voters of the district voting at an election called for that purpose vote to dissolve the district.
(b)  After the date the district is dissolved under this section, the district may not impose taxes.
(c)  If on the date the district is dissolved the district has outstanding liabilities, the board shall, not later than the 30th day after the date of dissolution, adopt a resolution certifying each outstanding liability.  The county shall assume the outstanding liabilities and shall collect the sales and use tax for the district for the remainder of the calendar year.  The county may continue to collect the tax for an additional calendar year if the commissioners court of the county finds that the tax revenue is needed to retire the district liabilities that were assumed by the county.
(d)  The district may continue to operate for a period not to exceed two months after performing its duties under Subsection (c).  The district is continued in effect for the purpose of performing those duties.
(e)  If the district is continued in effect under Subsection (d), the district is dissolved entirely on the first day of the month following the month in which the board certifies to the secretary of state that the district has fully performed its duties under Subsection (c).
(f)  Section 375.264, Local Government Code, does not apply to the dissolution of the district if the voters of the district vote to dissolve the district under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter I. Dissolution › Section 3943.0903. Dissolution by Petition

Sec. 3943.0903.  DISSOLUTION BY PETITION.  Except as limited by Section 375.264, Local Government Code, the board shall dissolve the district on written petition filed with the board by the owners of:
(1)  66 percent or more of the assessed value of the property subject to assessment by the district based on the most recent certified county property tax rolls; or
(2)  66 percent or more of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter I. Dissolution › Section 3943.0904. Administration of District Property Following Dissolution

Sec. 3943.0904.  ADMINISTRATION OF DISTRICT PROPERTY FOLLOWING DISSOLUTION.  (a)  After the date the board orders the dissolution of the district, the board shall transfer ownership of all district property to the county, except as provided by Subsection (b).
(b)  If, on the date on which the board orders the dissolution, more than 50 percent of the district territory is in a municipality, the board shall transfer ownership of the district's property to the municipality.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3943 - Channelview Improvement District › Subchapter I. Dissolution › Section 3943.0905. Applicability of Other Law

Sec. 3943.0905.  APPLICABILITY OF OTHER LAW.  Sections 375.261 and 375.262, Local Government Code, do not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 561 (S.B. 1835), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.001. Definitions

Sec. 3944.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "County" means Brazoria County.
(3)  "Director" means a board member.
(4)  "District" means the Brazoria County Management District No. 1.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.002. Creation and Nature of District; Immunity

Sec. 3944.002.  CREATION AND NATURE OF DISTRICT; IMMUNITY.  (a)  The district is a special district created under Section 59, Article XVI, Texas Constitution.
(b)  The district is a governmental unit, as provided by Section 375.004, Local Government Code.
(c)  This chapter does not waive any governmental or sovereign immunity from suit, liability, or judgment that would otherwise apply to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.003. Confirmation and Directors' Election Required

Sec. 3944.003.  CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.  The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.004. Consent of Municipality Required

Sec. 3944.004.  CONSENT OF MUNICIPALITY REQUIRED.  The temporary directors may not hold an election under Section 3944.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.005. Purpose; Declaration of Intent

Sec. 3944.005.  PURPOSE; DECLARATION OF INTENT.  (a)  The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.  By creating the district, the legislature has established a program to accomplish the public purposes set out in Sections 52 and 52-a, Article III, Texas Constitution.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve a municipality or the county from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district.  The district is created to supplement and not to supplant governmental services provided in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.006. Findings of Benefit and Public Purpose

Sec. 3944.006.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The creation of the district is in the public interest and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment; and
(3)  developing or expanding transportation and commerce.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; and
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways, road facilities, transit facilities, parking facilities, enhanced infrastructure, recreational facilities, public art objects, water and wastewater facilities, and drainage facilities, and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.007. District Territory

Sec. 3944.007.  DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes of the district contained in Section 2 of the Act enacting this chapter form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bonds, notes, or other obligations for a purpose for which the district is created or to pay the principal of and interest on the bonds, notes, or other obligations;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.008. Eligibility for Inclusion in Special Zones

Sec. 3944.008.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code;
(3)  an enterprise zone created under Chapter 2303, Government Code; or
(4)  an industrial district created under Chapter 42, Local Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.009. Applicability of Municipal Management Districts Law

Sec. 3944.009.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.010. Liberal Construction of Chapter

Sec. 3944.010.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter A. General Provisions › Section 3944.011. Conflicts of Law

Sec. 3944.011.  CONFLICTS OF LAW.  This chapter prevails over any provision of general law, including a provision of Chapter 375, Local Government Code, or Chapter 49, Water Code, that is in conflict or inconsistent with this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter B. Board of Directors › Section 3944.051. Governing Body; Terms

Sec. 3944.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five directors elected or appointed as provided by this chapter and Subchapter D, Chapter 49, Water Code.
(b)  Except as provided by Section 3944.053, directors serve staggered four-year terms.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter B. Board of Directors › Section 3944.052. Compensation

Sec. 3944.052.  COMPENSATION.  A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code.  Sections 375.069 and 375.070, Local Government Code, do not apply to the board.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter B. Board of Directors › Section 3944.053. Temporary Directors

Sec. 3944.053.  TEMPORARY DIRECTORS.  (a)  On or after the effective date of the Act creating this chapter, the owner or owners of a majority of the assessed value of the real property in the district according to the most recent certified tax appraisal roll for the county may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition.  The commission shall appoint as temporary directors the five persons named in the petition.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 3944.003; or
(2)  the fourth anniversary of the effective date of the Act creating this chapter.
(c)  If permanent directors have not been elected under Section 3944.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 3944.003; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district according to the most recent certified tax appraisal roll for the county may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition.  The commission shall appoint as successor temporary directors the five persons named in the petition.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter B. Board of Directors › Section 3944.054. Disqualification of Directors

Sec. 3944.054.  DISQUALIFICATION OF DIRECTORS.  Section 49.052, Water Code, applies to the members of the board.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.101. General Powers and Duties

Sec. 3944.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.102. Improvement Projects and Services

Sec. 3944.102.  IMPROVEMENT PROJECTS AND SERVICES.  (a)  The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or private entity to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or under Chapter 375, Local Government Code.
(b)  An improvement project described by Subsection (a) may be located inside or outside the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.103. Recreational Facilities

Sec. 3944.103.  RECREATIONAL FACILITIES.  The district may develop or finance recreational facilities as authorized by Chapter 375, Local Government Code, Sections 52 and 52-a, Article III, Texas Constitution, Section 59, Article XVI, Texas Constitution, and any other law that applies to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.104. Authority for Road Projects

Sec. 3944.104.  AUTHORITY FOR ROAD PROJECTS.  Under Section 52, Article III, Texas Constitution, the district may own, operate, maintain, design, acquire, construct, finance, issue bonds, notes, or other obligations for, improve, and convey to this state, a county, or a municipality for ownership, operation, and maintenance macadamized, graveled, or paved roads or improvements, including storm drainage, in aid of those roads.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.105. Conveyance and Approval of Road Project

Sec. 3944.105.  CONVEYANCE AND APPROVAL OF ROAD PROJECT.  (a)  The district may convey a road project authorized by Section 3944.104 to:
(1)  a municipality or county that will operate and maintain the road if the municipality or county has approved the plans and specifications of the road project; or
(2)  the state if the state will operate and maintain the road and the Texas Transportation Commission has approved the plans and specifications of the road project.
(b)  Except as provided by Subsection (c), the district shall operate and maintain a road project authorized by Section 3944.104 that the district implements and does not convey to a municipality, a county, or this state under Subsection (a).
(c)  The district may agree in writing with a municipality, a county, or this state to assign operation and maintenance duties to the district, the municipality, the county, or this state in a manner other than the manner described in Subsections (a) and (b).
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.106. Development Corporation Powers

Sec. 3944.106.  DEVELOPMENT CORPORATION POWERS.  The district, using money available to the district, may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project under that chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.107. Nonprofit Corporation

Sec. 3944.107.  NONPROFIT CORPORATION.  (a)  The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b)  The nonprofit corporation:
(1)  has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and
(2)  may implement any project and provide any service authorized by this chapter.
(c)  The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.108. Agreements; Grants

Sec. 3944.108.  AGREEMENTS; GRANTS.  (a)  As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any person.
(b)  The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.109. Law Enforcement Services

Sec. 3944.109.  LAW ENFORCEMENT SERVICES.  Section 49.216, Water Code, applies to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.110. Membership in Charitable Organizations

Sec. 3944.110.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.111. Economic Development

Sec. 3944.111.  ECONOMIC DEVELOPMENT.  (a)  The district may engage in activities that accomplish the economic development purposes of the district.
(b)  The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)  make loans and grants of public money; and
(2)  provide district personnel and services.
(c)  The district may create economic development programs and exercise the economic development powers that:
(1)  Chapter 380, Local Government Code, provides to a municipality; and
(2)  Subchapter A, Chapter 1509, Government Code, provides to a municipality.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.112. Strategic Partnership Agreement

Sec. 3944.112.  STRATEGIC PARTNERSHIP AGREEMENT.  The district may negotiate and enter into a written strategic partnership agreement with a municipality under Section 43.0751, Local Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.113. Regional Participation Agreement

Sec. 3944.113.  REGIONAL PARTICIPATION AGREEMENT.  The district may negotiate and enter into a written regional participation agreement with a municipality under Section 43.0754, Local Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.114. Annexation or Exclusion of Land

Sec. 3944.114.  ANNEXATION OR EXCLUSION OF LAND.  (a)  The district may annex land as provided by Subchapter J, Chapter 49, Water Code.
(b)  The district may exclude land as provided by Subchapter J, Chapter 49, Water Code.  Section 375.044(b), Local Government Code, does not apply to the district.
(c)  The district may include and exclude land as provided by Sections 54.739-54.747, Water Code.  A reference in those sections to a "tax" means an ad valorem tax for the purposes of this subsection.
(d)  If the district adopts a sales and use tax authorized at an election held under Section 3944.202 and subsequently includes new territory in the district under this section, the district:
(1)  is not required to hold another election to approve the imposition of the sales and use tax in the included territory; and
(2)  shall impose the sales and use tax in the included territory as provided by Chapter 321, Tax Code.
(e)  If the district adopts a sales and use tax authorized at an election held under Section 3944.202 and subsequently excludes territory in the district under this section, the sales and use tax is inapplicable to the excluded territory, as provided by Chapter 321, Tax Code, but is applicable to the territory remaining in the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.115. Applicability of Other Law to Certain Contracts

Sec. 3944.115.  APPLICABILITY OF OTHER LAW TO CERTAIN CONTRACTS.  (a)  Subchapter I, Chapter 49, Water Code, applies to a district contract for construction work, equipment, materials, or machinery.  Notwithstanding Section 2269.003(a), Government Code, the district may use a project delivery method described by Subchapter I, Chapter 49, Water Code, or Subchapters A-G, I, and J, Chapter 2269, Government Code.
(b)  Notwithstanding Subsection (a), the board may adopt rules governing the receipt of bids and the award of a district contract and providing for the waiver of the competitive bid process if:
(1)  there is an emergency;
(2)  the needed materials are available only from 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.
(c)  Section 375.223, Local Government Code, does not apply to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.116. Terms of Employment; Compensation

Sec. 3944.116.  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.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.117. Parking Facilities

Sec. 3944.117.  PARKING FACILITIES.  (a)  The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.
(b)  The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
(c)  The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.
(d)  The development and operation of the district's parking facilities may be considered an economic development program.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter C. Powers and Duties › Section 3944.118. No Eminent Domain Power

Sec. 3944.118.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.151. Disbursements and Transfers of Money

Sec. 3944.151.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.152. Money Used for Improvements or Services

Sec. 3944.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.  The district may acquire, construct, finance, operate, maintain, or provide any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.153. Petition Required for Financing Services and Improvements With Assessments

Sec. 3944.153.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS.  (a)  The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)  The petition must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.154. Method of Notice for Hearing

Sec. 3944.154.  METHOD OF NOTICE FOR HEARING.  The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail.  The board shall determine the method of notice.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.155. Assessments; Liens for Assessments

Sec. 3944.155.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district without regard to whether that area is already subject to or overlaps with an area of the district that is subject to a prior assessment imposed by the board.
(b)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district are:
(1)  a first and prior lien against the property assessed;
(2)  superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid.  The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d)  The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.156. Tax and Assessment Abatements

Sec. 3944.156.  TAX AND ASSESSMENT ABATEMENTS.  The district may designate reinvestment zones and may grant abatements of a tax or assessment on property in the zones.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.157. Utility Property Exempt From Assessments

Sec. 3944.157.  UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.  The district may not impose an assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)  a telecommunications provider as defined by Section 51.002, Utilities Code; or
(4)  a person who provides to the public cable television or advanced telecommunications services.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3944 - Brazoria County Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3944.158. Residential Property

Sec. 3944.158.  RESIDENTIAL PROPERTY.  Section 375.161, Local Government Code, does not apply to:
(1)  a tax imposed by the district; or
(2)  a required payment for a service provided by the district, including water and sewer service.
Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.