reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter B. Board of Directors › Section 3851.055. District Confirmation Election

Sec. 3851.055.  DISTRICT CONFIRMATION ELECTION.  (a)  As soon as practicable after all initial directors have qualified for office, the board shall hold an organizational meeting and call a confirmation election to be held not later than the second uniform election date occurring after the date of the organizational meeting.
(b)  The board shall hold the confirmation election to confirm the establishment of the district in the manner provided by Subchapter D, Chapter 49, Water Code, not later than the second uniform election date after:
(1)  the governing body of the city, by resolution, consents to the holding of the election; and
(2)  the district and the city agree on the development plans and rules for the district.
(c)  Before the district is confirmed at an election, the district may carry on business as the board may determine except that the district may not borrow money or impose or assess a tax or an assessment.
(d)  If the creation of the district is not confirmed at a confirmation election held before September 1, 2010:
(1)  the district is dissolved on September 1, 2010, except that the district shall:
(A)  pay any debts incurred;
(B)  transfer to the city any assets that remain after the payment of debts; and
(C)  maintain the organization of the district until all debts are paid and remaining assets are transferred; and
(2)  this chapter expires September 1, 2010.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter C. Powers and Duties › Section 3851.101. General Powers and Duties

Sec. 3851.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties provided by:
(1)  the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code;
(2)  the general laws relating to road districts and road utility districts created under Section 52(b), Article III, Texas Constitution, including Chapter 441, Transportation Code;
(3)  Subchapter A, Chapter 372, Local Government Code, in the same manner as a municipality or a county; and
(4)  Chapters 375 and 505, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.044, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter C. Powers and Duties › Section 3851.102. Improvement Projects

Sec. 3851.102.  IMPROVEMENT PROJECTS.  (a)  The district may provide, or it may enter into contracts with a governmental or private entity to provide, improvement projects or activities in support of or incidental to district projects authorized under Section 3851.101.
(b)  An improvement project must comply with any applicable city codes and ordinances.
(c)  The district may not provide, conduct, or authorize any improvement project on the city streets, highways, rights-of-way, or easements without the consent of the governing body of the city.
(d)  Subject to the agreement required by Section 3851.055(b)(2), the city may:
(1)  require that title to all or any portion of an improvement project vest in the city; or
(2)  by ordinance or other directive authorize the district to own, encumber, maintain, and operate an improvement project, subject to the right of the city to order a conveyance of the project to the city on a date determined by the city.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter C. Powers and Duties › Section 3851.103. General Powers Regarding Contracts

Sec. 3851.103.  GENERAL POWERS REGARDING CONTRACTS.  (a)  The district may:
(1)  contract with a state agency, municipality, county, other political subdivision, corporation, individual, or other entity to carry out the purposes of the district, including a contract for:
(A)  the payment, repayment, or reimbursement of costs incurred on behalf of the district, including all or part of the costs of an improvement project and interest on the reimbursed cost; or
(B)  the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed or existing improvement project; and
(2)  apply for and contract with a state agency, municipality, county, other political subdivision, corporation, individual, or other entity to receive, administer, and perform a duty or obligation of the district under a federal, state, local, or private gift, grant, loan, conveyance, transfer, bequest, or other financial assistance arrangement relating to the investigation, planning, analysis, study, design, acquisition, construction, improvement, completion, implementation, or operation by the district or others of a proposed or existing improvement project.
(b)  A contract payable from ad valorem taxes for a period longer than one year must be approved by the governing body of the city.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter C. Powers and Duties › Section 3851.104. Rules; Enforcement

Sec. 3851.104.  RULES; ENFORCEMENT.  (a)  The district may adopt and enforce rules:
(1)  to administer or operate the district;
(2)  for the use, enjoyment, availability, protection, security, and maintenance of the district's properties and facilities; or
(3)  to provide for public safety and security in the district.
(b)  The district may enforce its rules by injunctive relief.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter C. Powers and Duties › Section 3851.105. Name Change

Sec. 3851.105.  NAME CHANGE.  The board by resolution may change the district's name.  The board shall give written notice of the change to the city.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter C. Powers and Duties › Section 3851.106. Adding or Removing Territory

Sec. 3851.106.  ADDING OR REMOVING TERRITORY.  The board may add or remove territory under Subchapter J, Chapter 49, and Section 54.016, Water Code, except that:
(1)  the addition or removal of the territory must be approved by:
(A)  the governing body of the city; and
(B)  the owners of the territory being added or removed;
(2)  a reference to a tax in Subchapter J, Chapter 49, or Section 54.016, Water Code, means an ad valorem tax; and
(3)  territory may not be removed from the district if bonds or other obligations of the district payable wholly or partly from ad valorem taxes on the territory are outstanding.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter D. General Financial Provisions › Section 3851.151. General Powers Regarding Financial Matters

Sec. 3851.151.  GENERAL POWERS REGARDING FINANCIAL MATTERS.  The district may:
(1)  impose an ad valorem tax in accordance with Chapter 375, Local Government Code, on all taxable property in the district to pay for an improvement project;
(2)  impose an assessment or impact fee in the manner provided for a municipality or county under Subchapter A, Chapter 372, Local Government Code, on all industrial, commercial, and residential property in the district to pay for an improvement project;
(3)  impose a rate, fee, including an impact fee, or charge for the use of an improvement project or the consumption of a product resulting from an improvement project;
(4)  borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations of any kind found by the board to be necessary or appropriate for the district purpose;
(5)  establish, revise, repeal, enforce, collect, and apply the proceeds from a user fee or charge for the enjoyment, sale, rental, or other use of a district facility, service, property, or improvement project;
(6)  provide or secure the payment or repayment of the costs and expenses of the establishment, administration, and operation of the district and the district's costs or share of the costs or revenue of an improvement project or district contractual obligation or indebtedness by or through a lease, installment purchase contract, or other agreement with any person, or the imposition of taxes, assessments, user fees, concessions, rentals, or other revenue or resources of the district;
(7)  establish user charges related to the operation of various public services, including public water supply services, for the collection and treatment of wastewater, and for the operation of storm-water facilities, including the regulation of storm water for the protection of water quality in the district; and
(8)  undertake separately or jointly with other persons, including the city, Kaufman County, or Rockwall County, all or part of the cost of an improvement project, including an improvement project:
(A)  for improving, enhancing, and supporting public safety and security, fire protection and emergency medical services, and law enforcement in and adjacent to the district; or
(B)  that confers a general benefit on the entire district or a special benefit on a definable part of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter D. General Financial Provisions › Section 3851.152. Impact Fees and Assessments; Exemption

Sec. 3851.152.  IMPACT FEES AND ASSESSMENTS; EXEMPTION.  (a)  The district may impose an impact fee or assessment on property in the district, including an impact fee or assessment on residential or commercial property, only in the manner provided by Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local Government Code, for a municipality, county, or public improvement district, according to the benefit received by the property.
(b)  An impact fee for residential property must be for the limited purpose of providing capital funding for:
(1)  public water and wastewater facilities;
(2)  drainage and storm-water facilities; and
(3)  streets and alleys.
(c)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)  are a first and prior lien against the property assessed; and
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes.
(d)  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.
(e)  The district may not impose an impact fee on the property, including equipment and facilities, of a public utility provider in the district.
(f)  Section 375.161, Local Government Code, does not apply to the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter D. General Financial Provisions › Section 3851.153. Maintenance and Operation Tax; Election

Sec. 3851.153.  MAINTENANCE AND OPERATION TAX; ELECTION.  (a)  The district may impose a tax for maintenance and operation purposes, including for:
(1)  planning, constructing, acquiring, maintaining, repairing, and operating all necessary land, plants, works, facilities, improvements, appliances, and equipment of the district; and
(2)  paying costs of services, engineering and legal fees, and organization and administrative expenses.
(b)  The district may not impose a maintenance and operation tax unless the tax is approved by the governing body of the city and a majority of the voters voting at an election held for that purpose.  If the tax is approved, the board may impose the tax in the same manner as other district ad valorem taxes.
(c)  A maintenance and operation tax election may be held at the same time and in conjunction with any other district election.  The election may be called by a separate election order or as part of any other election order.
(d)  The proposition in a maintenance and operation tax election may be for a specific maximum rate.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter D. General Financial Provisions › Section 3851.154. Bonds and Other Obligations; Municipal Approval

Sec. 3851.154.  BONDS AND OTHER OBLIGATIONS; MUNICIPAL APPROVAL.  (a)  The district may issue by competitive bid or negotiated sale bonds, notes, or other obligations payable wholly or partly from ad valorem taxes or assessments in the manner provided by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local Government Code.
(b)  In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.
(c)  In addition to the sources of money described by Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local Government Code, district bonds may be secured and made payable, wholly or partly, by a pledge of any part of the net proceeds the district receives from any other district revenue.
(d)  District bonds payable by ad valorem taxes may not be issued unless the bonds and the taxes are approved by:
(1)  the governing body of the city; and
(2)  a majority of the district voters voting in an election called for that purpose.
(e)  The city is not obligated to pay, repay, or guarantee any bonds, notes, or other obligations of the district unless the city dissolves the district under Subchapter E.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter D. General Financial Provisions › Section 3851.155. Bond Maturity

Sec. 3851.155.  BOND MATURITY.  Bonds may mature not more than 40 years from their date of issue.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter D. General Financial Provisions › Section 3851.156. Taxes for Bonds and Other Obligations

Sec. 3851.156.  TAXES FOR BONDS AND OTHER OBLIGATIONS.  (a)  At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1)  the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstanding; and
(2)  the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)  pay the interest on the bonds or other obligations as the interest becomes due;
(B)  create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and
(C)  pay the expenses of imposing the taxes.
(b)  Bonds or other obligations that are secured by and payable from ad valorem taxes may not be issued unless the bonds and the imposition of the taxes are approved by a majority of the voters in the district voting at an election held for that purpose.
(c)  The district shall hold an election required by this section in the manner provided by Subchapter L, Chapter 375, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3851 - Triple Creek Municipal Management District › Subchapter E. Dissolution › Section 3851.201. Dissolution

Sec. 3851.201.  DISSOLUTION.  (a)  The city by ordinance adopted by a two-thirds majority vote of its governing body may dissolve the district.
(b)  The city may not dissolve the district until the district's outstanding indebtedness or contractual obligations payable from ad valorem taxes have been repaid or discharged.
(c)  After the city dissolves the district, the city assumes the obligations of the district, including any bonds or other indebtedness payable from assessments or other district revenue.
(d)  If the city dissolves the district, the board shall transfer ownership of all district property to the city.
Added by Acts 2007, 80th Leg., R.S., Ch. 794 (H.B. 4085), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.001. Definitions

Sec. 3852.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Pflugerville Municipal Management District No. 1.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.002. Pflugerville Municipal Management District No

Sec. 3852.002.  PFLUGERVILLE MUNICIPAL MANAGEMENT DISTRICT NO. 1.  The Pflugerville Municipal Management District No. 1 is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.003. Purpose; Declaration of Intent

Sec. 3852.003.  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 and in authorizing Travis County, the City of Pflugerville, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve Travis County or the City of Pflugerville from providing the level of services provided as of September 1, 2005, to the area in the district or to release the county or the city from the obligations of each entity to provide services to that area.  The district is created to supplement and not to supplant the county or city services provided in the area in the district.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.004. Findings of Benefit and Public Purpose

Sec. 3852.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The creation of the district is in the public interest and is essential to:
(1)  further the public purposes of developing and diversifying the economy of the state;
(2)  eliminate unemployment and underemployment; and
(3)  develop or expand transportation and commerce.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, employees, visitors, and consumers in the district and of the public;
(2)  provide needed funding to preserve, maintain, and enhance the economic health and vitality of the area as a community and business center; and
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic and aesthetic beauty.
(e)  Hike and bike trails, pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement in accordance with Section 52, Article III, Texas Constitution.
(f)  The district may 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 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.005. District Territory

Sec. 3852.005.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under:
(1)  Section 3852.110;
(2)  Subchapter J, Chapter 49, Water Code; or
(3)  other law.
(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 bond for a purpose for which the district is created or to pay the principal of and interest on the bond;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.006. Eligibility for Inclusion in Special Zones

Sec. 3852.006.  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 by the City of Pflugerville under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created by the City of Pflugerville under Chapter 312, Tax Code; or
(3)  an enterprise zone created by the City of Pflugerville under Chapter 2303, Government Code.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.007. Applicability of Municipal Management Districts Law

Sec. 3852.007.  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 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3852.008. Liberal Construction of Chapter

Sec. 3852.008.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3852.051. Governing Body; Terms

Sec. 3852.051.  GOVERNING BODY; TERMS.  The district is governed by a board of five directors who serve staggered terms of four years.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3852.052. Compensation

Sec. 3852.052.  COMPENSATION.  A director is entitled to compensation as provided by Section 49.060, Water Code.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3852.053. Additional Qualifications

Sec. 3852.053.  ADDITIONAL QUALIFICATIONS.  (a)  A person is eligible for appointment to the board if:
(1)  the person:
(A)  owns land in the City of Pflugerville subject to taxation; or
(B)  is registered to vote in the City of Pflugerville; and
(2)  the appointment of the person under this section does not result in more than two directors who were eligible solely under this section and not Section 375.063, Local Government Code.
(b)  Section 375.063, Local Government Code, does not apply to a director appointed under Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3852.054. Appointment of Directors

Sec. 3852.054.  APPOINTMENT OF DIRECTORS.  (a)  The mayor and members of the governing body of the City of Pflugerville shall appoint directors from persons recommended by the board.  A person is appointed if a majority of the members and the mayor vote to appoint the person.
(b)  A person may not be appointed to the board if the appointment of that person would result in fewer than two-thirds of the directors residing in the City of Pflugerville.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3852.055. Nonvoting Directors

Sec. 3852.055.  NONVOTING DIRECTORS.  (a)  The following persons serve as nonvoting directors:
(1)  the directors of the parks and recreation, planning and development, and public works departments of the City of Pflugerville;
(2)  the chief of police of the City of Pflugerville;
(3)  the executive director of any development corporation in the City of Pflugerville;
(4)  the president of each institution of higher learning located in the district; and
(5)  the fire chief of any emergency services district in the City of Pflugerville.
(b)  If a city department described by Subsection (a) is consolidated, renamed, or changed, the board may appoint a director of the consolidated, renamed, or changed department as a nonvoting director.  If a city department described by Subsection (a) is abolished, the board may appoint a representative of another department of the City of Pflugerville that performs duties comparable to those performed by the abolished department.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3852.056. Conflicts of Interest

Sec. 3852.056.  CONFLICTS OF INTEREST.  (a)  Except as provided by this section:
(1)  a director may participate in all board votes and decisions; and
(2)  Chapter 171, Local Government Code, governs conflicts of interest of directors.
(b)  Section 171.004, Local Government Code, does not apply to the district.  A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file an affidavit with the board secretary declaring the interest.  Another affidavit is not required if the director's interest changes.
(c)  After the affidavit is filed, the director may participate in a discussion or vote on that action if:
(1)  a majority of the directors have a similar interest in the same entity; or
(2)  all other similar business or charitable entities in the district will receive a similar pecuniary benefit.
(d)  A director who is also an officer or employee of a political subdivision may not participate in a discussion of or vote on a matter regarding a contract with that same political subdivision.
(e)  For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.101. Additional District Powers

Sec. 3852.101.  ADDITIONAL DISTRICT POWERS.  The district may exercise the powers given to a corporation created under Chapter 504 or 505, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.67, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.102. Exercise of Powers Outside District

Sec. 3852.102.  EXERCISE OF POWERS OUTSIDE DISTRICT.  The district may exercise its powers in an area outside the district if the board determines that exercising those powers benefits the district.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.103. Nonprofit Corporation

Sec. 3852.103.  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 for purposes of this chapter to be a local government corporation created under 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.
(d)  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 Chapter 431, Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.104. Reclamation Project

Sec. 3852.104.  RECLAMATION PROJECT.  The district may own, operate, or maintain a reclamation project.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.105. Agreements; Grants; Donations

Sec. 3852.105.  AGREEMENTS; GRANTS; DONATIONS.  (a)  The district may enter into an agreement with or accept a donation, grant, or loan from any person.
(b)  A municipality, county, or other political subdivision of this state, or a nonprofit corporation, without further authorization, may contract with the district for:
(1)  the acquisition, construction, improvement, implementation, maintenance, and operation of a district project; or
(2)  the provision of a service authorized under this chapter.
(c)  A contract under Subsection (b) may:
(1)  be for a period and include terms on which the parties agree;
(2)  be payable from taxes or any other source of revenue that may be available for that purpose; and
(3)  provide terms under which taxes or other revenues collected at a district project or from a person using or purchasing a commodity or service at a district project may be paid or rebated to the district.
(d)  The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
(e)  To the extent of any conflict between this section and any other law, including a charter of a home-rule municipality, this section controls.
(f)  The district, the City of Pflugerville, Travis County, or another political subdivision may use another law to the extent convenient or necessary to carry out any power or authority, express or implied, granted by this section.
(g)  This section is wholly sufficient authority for the execution of a contract, the imposition and pledging of taxes and revenues to the contract, and the performance of other acts and procedures authorized by this section, or by the district, the City of Pflugerville, Travis County, and any other political subdivision without reference to any other provision of law or any restriction or limitation contained in those provisions, except as specifically provided by this section.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.106. Economic Development Programs and Other Powers Related to Planning and Development

Sec. 3852.106.  ECONOMIC DEVELOPMENT PROGRAMS AND OTHER POWERS RELATED TO PLANNING AND DEVELOPMENT.  (a)  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.
(b)  The district has all of the powers of a municipality under Chapter 380, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.107. Authority to Contract for Law Enforcement

Sec. 3852.107.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.  To protect the public interest, the district may contract with Travis County or the City of Pflugerville for the county or city to provide law enforcement services in the district for a fee.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.108. Competitive Bidding

Sec. 3852.108.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, does not apply to a district contract for $25,000 or less.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.109. Approval by City of Pflugerville

Sec. 3852.109.  APPROVAL BY CITY OF PFLUGERVILLE.  (a)  Except as provided by Subsection (b), the district must obtain approval from the City of Pflugerville's governing body:
(1)  for the issuance of a bond other than a refunding bond;
(2)  of the plans and specifications of a project to be financed by the bond; and
(3)  of the plans and specifications of any district project related to the use of land owned by the City of Pflugerville, an easement granted by the City of Pflugerville, or a right-of-way of a street, road, or highway.
(b)  If the district obtains approval from the City of Pflugerville's governing body of a capital improvements budget for a period not to exceed five years, the district may finance the projects and issue bonds specified in the budget without further approval from the City of Pflugerville.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3852.110. Annexation

Sec. 3852.110.  ANNEXATION.  In addition to the authority to annex territory under Subchapter J, Chapter 49, Water Code, the district may annex territory located in a reinvestment zone created by the City of Pflugerville under Chapter 311, Tax Code, if the city's governing body consents to the annexation.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter D. Financial Provisions › Section 3852.151. Petition Required for Financing Services and Improvements

Sec. 3852.151.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS.  (a)  The board may not finance a service or an improvement project with assessments under this chapter unless a written petition requesting that service or improvement is 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 area of the district that will be subject to the assessment according to the most recent certified tax appraisal roll for Travis County.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter D. Financial Provisions › Section 3852.152. Disbursements and Transfers of Money

Sec. 3852.152.  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 the district's money.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter D. Financial Provisions › Section 3852.153. Maintenance Tax

Sec. 3852.153.  MAINTENANCE TAX.  (a)  The district may impose an annual ad valorem tax on taxable property in the district to maintain and operate the district and the improvements and projects constructed or acquired by the district or to provide a service only if:
(1)  two-thirds of the directors vote in favor of imposing the tax; and
(2)  the tax is authorized at an election held in accordance with Section 3852.156.
(b)  The board shall determine the tax rate.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter D. Financial Provisions › Section 3852.154. Assessments; Liens for Assessments

Sec. 3852.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose and collect an assessment for any purpose authorized by this chapter only if two-thirds of the directors vote in favor of imposing the assessment.
(b)  The board may adjust an annual assessment for a service in accordance with an annual budget adopted by the board to provide those services.  The annual adjustment may not be more than the original assessment unless the board provides notice and hearing.
(c)  An assessment, a reassessment, or an assessment resulting from an addition to, deletion from, or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)  are a first and prior lien against the property assessed;
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceeding.
(d)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid.  The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter D. Financial Provisions › Section 3852.155. Utility Property Exempt From Impact Fees and Assessments

Sec. 3852.155.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS.  The district may not impose an impact fee or assessment on the property of a person who provides to the public gas, electric, telephone, sewage, or water service.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3852 - Pflugerville Municipal Management District No. 1 › Subchapter D. Financial Provisions › Section 3852.156. Elections Regarding Taxes or Tax Bonds

Sec. 3852.156.  ELECTIONS REGARDING TAXES OR TAX BONDS.  (a)  In addition to the elections required under Subchapter L, Chapter 375, Local Government Code, the district must hold an election in the manner provided by that subchapter to obtain voter approval before the district may:
(1)  impose a maintenance tax;
(2)  issue a bond payable from ad valorem taxes; or
(3)  secure an agreement wholly or partly from a pledge of ad valorem taxes.
(b)  The board may submit multiple purposes in a single proposition at an election.
(c)  Section 375.243, Local Government Code, does not apply to the district.
Added by Acts 2005, 79th Leg., Ch. 447 (S.B. 1836), Sec. 1, eff. June 17, 2005.