reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0307. Nonprofit Corporation

Sec. 3792.0307.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0308. Law Enforcement Services

Sec. 3792.0308.  LAW ENFORCEMENT SERVICES.  Section 49.216, Water Code, applies to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0309. Membership in Charitable Organizations

Sec. 3792.0309.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0310. Economic Development Programs

Sec. 3792.0310.  ECONOMIC DEVELOPMENT PROGRAMS.  (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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0311. Strategic Partnership Agreement

Sec. 3792.0311.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0312. Regional Participation Agreement

Sec. 3792.0312.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0313. Parking Facilities

Sec. 3792.0313.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0314. Adding or Excluding Land

Sec. 3792.0314.  ADDING OR EXCLUDING LAND.  (a)  The district may add 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 3792.0602 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 3792.0602 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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0315. Disbursements and Transfers of Money

Sec. 3792.0315.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0316. Audit Exemption

Sec. 3792.0316.  AUDIT EXEMPTION.  (a)  The district may elect to complete an annual financial report in lieu of an annual audit under Section 375.096(a)(6), Local Government Code, if:
(1)  the district had no bonds or other long-term (more than one year) liabilities outstanding during the fiscal period;
(2)  the district did not have gross receipts from operations, loans, taxes, assessments, or contributions in excess of $250,000 during the fiscal period; and
(3)  the district's cash and temporary investments were not in excess of $250,000 during the fiscal period.
(b)  Each annual financial report prepared in accordance with this section must be open to public inspection and accompanied by an affidavit signed by a duly authorized representative of the district attesting to the accuracy and authenticity of the financial report.
(c)  The annual financial report and affidavit shall be substantially similar in form to the annual financial report and affidavit forms prescribed by the executive director of the commission under Section 49.198, Water Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter C. Powers and Duties › Section 3792.0317. No Eminent Domain Power

Sec. 3792.0317.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter D. Assessments › Section 3792.0401. Petition Required for Financing Services and Improvements With Assessments

Sec. 3792.0401.  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)  A petition filed under Subsection (a) 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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter D. Assessments › Section 3792.0402. Method of Notice for Hearing

Sec. 3792.0402.  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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter D. Assessments › Section 3792.0403. Assessments; Liens for Assessments

Sec. 3792.0403.  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.
(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:
(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 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 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3792.0501. Tax Election Required

Sec. 3792.0501.  TAX ELECTION REQUIRED.  The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3792.0502. Operation and Maintenance Tax

Sec. 3792.0502.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized by a majority of the district voters voting at an election under Section 3792.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(b)  The board shall determine the operation and maintenance tax rate.  The rate may not exceed the rate approved at the election.
(c)  Section 49.107(h), Water Code, does not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3792.0503. Authority to Borrow Money and to Issue Bonds and Other Obligations

Sec. 3792.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  The district may borrow money on terms determined by the board.
(b)  The district, by competitive bid or negotiated sale, may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
(c)  The limitation on the outstanding principal amount of bonds, notes, or other obligations provided by Section 49.4645, Water Code, does not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3792.0504. Bonds Secured by Revenue or Contract Payments

Sec. 3792.0504.  BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS.  The district may issue, without an election, bonds secured by:
(1)  revenue other than ad valorem taxes, including contract revenues; or
(2)  contract payments, provided that the requirements of Section 49.108, Water Code, have been met.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3792.0505. Bonds Secured by Ad Valorem Taxes; Elections

Sec. 3792.0505.  BONDS SECURED BY AD VALOREM TAXES; ELECTIONS.  (a)  If authorized at an election under Section 3792.0501, the district may issue bonds payable from ad valorem taxes.
(b)  Section 375.243, Local Government Code, does not apply to the district.
(c)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
(d)  All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3792.0506. Consent of Municipality Required

Sec. 3792.0506.  CONSENT OF MUNICIPALITY REQUIRED.  (a)  The board may not hold an election under Section 3792.0501, issue bonds, or incur any debt 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.
(b)  This section applies only to the district's first issuance of bonds payable from ad valorem taxes.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0601. Applicability of Certain Tax Code Provisions

Sec. 3792.0601.  APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.  (a)  Chapter 321, 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 321, Tax Code, is inconsistent with this chapter.
(b)  A reference in Chapter 321, Tax Code, to a municipality or the governing body of a municipality is a reference to the district or the board, respectively.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0602. Election; Adoption of Tax

Sec. 3792.0602.  ELECTION; ADOPTION OF TAX.  (a)  The district may adopt a sales and use tax if authorized by a majority of the voters of the district voting at an election held for that purpose.
(b)  The board by order may call an election to authorize the adoption of the sales and use tax.  The election may be held on any uniform election date and in conjunction with any other district election.
(c)  The ballot shall be printed to provide for voting for or against the proposition: "Authorization of a sales and use tax in the Orchard Management District No. 1 at a rate not to exceed ____ percent" (insert rate of one or more increments of one-eighth of one percent).
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0603. Sales and Use Tax Rate

Sec. 3792.0603.  SALES AND USE TAX RATE.  (a)  On or after the date the results are declared of an election held under Section 3792.0602, at which the voters approved imposition of the tax authorized by this subchapter, the board shall determine and adopt by resolution or order the initial rate of the tax, which must be in one or more increments of one-eighth of one percent.
(b)  After the election held under Section 3792.0602, the board may increase or decrease the rate of the tax by one or more increments of one-eighth of one percent.
(c)  The initial rate of the tax or any rate resulting from subsequent increases or decreases may not exceed the lesser of:
(1)  the maximum rate authorized by the district voters at the election held under Section 3792.0602; or
(2)  a rate that, when added to the rates of all sales and use taxes imposed by other political subdivisions with territory in the district, would result in the maximum combined rate prescribed by Section 321.101(f), Tax Code, at any location in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0604. Tax After Municipal Annexation

Sec. 3792.0604.  TAX AFTER MUNICIPAL ANNEXATION.  (a)  This section applies to the district after a municipality annexes part of the territory in the district and imposes the municipality's sales and use tax in the annexed territory.
(b)  If at the time of annexation the district has outstanding debt or other obligations payable wholly or partly from district sales and use tax revenue, Section 321.102(g), Tax Code, applies to the district.
(c)  If at the time of annexation the district does not have outstanding debt or other obligations payable wholly or partly from district sales and use tax revenue, the district may:
(1)  exclude the annexed territory from the district, if the district has no outstanding debt or other obligations payable from any source; or
(2)  reduce the sales and use tax in the annexed territory by resolution or order of the board to a rate that, when added to the sales and use tax rate imposed by the municipality in the annexed territory, is equal to the sales and use tax rate imposed by the district in the district territory that was not annexed by the municipality.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0605. Notification of Rate Change

Sec. 3792.0605.  NOTIFICATION OF RATE CHANGE.  The board shall notify the comptroller of any changes made to the tax rate under this subchapter in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0606. Use of Revenue

Sec. 3792.0606.  USE OF REVENUE.  Revenue from the sales and use tax imposed under this subchapter is for the use and benefit of the district and may be used for any district purpose.  The district may pledge all or part of the revenue to the payment of bonds, notes, or other obligations, and that pledge of revenue may be in combination with other revenue, including tax revenue, available to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter F. Sales and Use Tax › Section 3792.0607. Abolition of Tax

Sec. 3792.0607.  ABOLITION OF TAX.  (a)  Except as provided by Subsection (b), the board may abolish the tax imposed under this subchapter without an election.
(b)  The board may not abolish the tax imposed under this subchapter if the district has outstanding debt secured by the tax, and repayment of the debt would be impaired by the abolition of the tax.
(c)  If the board abolishes the tax, the board shall notify the comptroller of that action in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code.
(d)  If the board abolishes the tax or decreases the tax rate to zero, a new election to authorize a sales and use tax must be held under Section 3792.0602 before the district may subsequently impose the tax.
(e)  This section does not apply to a decrease in the sales and use tax authorized under Section 3792.0604(c)(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3792 - Orchard Management District No. 1 › Subchapter I. Dissolution › Section 3792.0901. Dissolution

Sec. 3792.0901.  DISSOLUTION.  (a)  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.
(b)  The board by majority vote may dissolve the district at any time.
(c)  The district may not be dissolved by its board under Subsection (a) or (b) if the district:
(1)  has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or
(3)  owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements.
(d)  Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1005 (H.B. 4635), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0101. Definitions

Sec. 3793.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of Celina, Texas.
(3)  "Commission" means the Texas Commission on Environmental Quality.
(4)  "Director" means a board member.
(5)  "District" means the TRR 243 Municipal Management District.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0102. Creation and Nature of District

Sec. 3793.0102.  CREATION AND NATURE OF DISTRICT.  The district is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0103. Purpose; Legislative Findings

Sec. 3793.0103.  PURPOSE; LEGISLATIVE FINDINGS.  (a)  The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.  By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve the city from providing the level of services provided to the area in the district as of the effective date of the Act enacting this chapter.  The district is created to supplement and not to supplant the city services provided in the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0104. Findings of Benefit and Public Purpose

Sec. 3793.0104.  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 district is created to accomplish the purposes of a municipal management district as provided by general law and Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
(d)  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;
(3)  develop or expand transportation and commerce; and
(4)  provide quality residential housing.
(e)  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 and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(f)  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.
(g)  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 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0105. District Territory

Sec. 3793.0105.  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 other law.
(b)  The boundaries and field notes 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 contract;
(3)  authority to borrow money or issue bonds or other obligations described by Section 3793.0501 or to pay the principal and interest of the bonds or other obligations;
(4)  right to impose or collect an assessment, or collect other revenue; or
(5)  legality or operation.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0106. Applicability of Municipal Management Districts Law

Sec. 3793.0106.  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 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0107. Construction of Chapter

Sec. 3793.0107.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0108. Conflicts of Law

Sec. 3793.0108.  CONFLICTS OF LAW.  This chapter prevails over any provision of Chapter 375, Local Government Code, that is in conflict or inconsistent with this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter A. General Provisions › Section 3793.0109. Consent of Municipality and Development Agreement Required

Sec. 3793.0109.  CONSENT OF MUNICIPALITY AND DEVELOPMENT AGREEMENT REQUIRED.  (a)  The board may not hold an election to authorize the issuance of bonds until:
(1)  the governing body of the city by ordinance or resolution consents to the creation of the district and to the inclusion of land in the district; and
(2)  the governing body of the city has entered into a development agreement with the owner of a majority of the land in the district.
(b)  The city's consent must be granted in the manner provided by Section 54.016, Water Code, for including land within the corporate limits or extraterritorial jurisdiction of a city.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0201. Governing Body; Terms

Sec. 3793.0201.  GOVERNING BODY; TERMS.  The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each even-numbered year.  One director is appointed by the city, and four directors are appointed by the commission as provided by Sections 3793.0202 and 3793.0203, respectively.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0202. Appointment and Removal of Director Appointed by City

Sec. 3793.0202.  APPOINTMENT AND REMOVAL OF DIRECTOR APPOINTED BY CITY.  (a)  The governing body of the city shall appoint one director who must be:
(1)  at least 18 years of age; and
(2)  a resident of the city.
(b)  At any time the governing body of the city may remove the director appointed by the city and appoint a director to serve the remainder of the removed director's term.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0203. Appointment by Commission

Sec. 3793.0203.  APPOINTMENT BY COMMISSION.  (a)  Before the term of a director other than a director appointed under Section 3793.0202 expires, the board shall recommend to the commission the appropriate number of persons to serve as successor directors.  The commission shall appoint as directors the persons recommended by the board.
(b)  A person recommended by the board under Subsection (a) must be:
(1)  at least 18 years of age;
(2)  an owner of property in the district;
(3)  an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district;
(4)  an owner of a beneficial interest in a trust that owns property in the district; or
(5)  an agent, employee, or tenant of a person described by Subdivision (2), (3), or (4).
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0204. Vacancy

Sec. 3793.0204.  VACANCY.  If a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0205. Director's Oath or Affirmation

Sec. 3793.0205.  DIRECTOR'S OATH OR AFFIRMATION.  (a)  A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records.
(b)  A director shall file a copy of the director's oath or affirmation with the secretary of the city.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0206. Officers

Sec. 3793.0206.  OFFICERS.  The board shall elect from among the directors a chair, a vice chair, and a secretary.  The offices of chair and secretary may not be held by the same person.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0207. Compensation; Expenses

Sec. 3793.0207.  COMPENSATION; EXPENSES.  (a)  The district may compensate each director in an amount not to exceed $150 for each board meeting.  The total amount of compensation a director may receive each year may not exceed $7,200.
(b)  A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0208. Liability Insurance

Sec. 3793.0208.  LIABILITY INSURANCE.  The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to:
(1)  actions taken by the director in the director's capacity as a member of the board;
(2)  actions and activities taken by the district; or
(3)  the actions of others acting on behalf of the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter B. Board of Directors › Section 3793.0209. No Executive Committee

Sec. 3793.0209.  NO EXECUTIVE COMMITTEE.  The board may not create an executive committee to exercise the powers of the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0301. General Powers and Duties

Sec. 3793.0301.  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 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0302. Improvement Projects and Services

Sec. 3793.0302.  IMPROVEMENT PROJECTS AND SERVICES.  (a)  Subject to Subsection (b), 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 Chapter 375, Local Government Code.
(b)  The district may not construct or finance an improvement project, other than a water, sewer, or drainage facility or road, unless the governing body of the city by ordinance or resolution consents to the construction or financing.
(c)  The district may issue bonds, notes, or other obligations to maintain or repair an existing improvement project only if the governing body of the city by ordinance or resolution consents to the issuance.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0303. Location of Improvement Project

Sec. 3793.0303.  LOCATION OF IMPROVEMENT PROJECT.  A district improvement project may be located inside or outside of the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0304. Ownership of Improvement Projects

Sec. 3793.0304.  OWNERSHIP OF IMPROVEMENT PROJECTS.  (a)  Before a district improvement project may be put into operation, the district must transfer ownership of the project to the city.
(b)  The transfer of ownership is complete on the city's acceptance of ownership.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0305. Retail Water and Sewer Services Prohibited

Sec. 3793.0305.  RETAIL WATER AND SEWER SERVICES PROHIBITED.  The district may not provide retail water or sewer services.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0306. Adding or Removing Territory

Sec. 3793.0306.  ADDING OR REMOVING TERRITORY.  (a)  Subject to Subsection (b), the board may add or remove territory as provided by Subchapter J, Chapter 49, Water Code.
(b)  The district may add territory as described by Subsection (a) only if the governing body of the city by ordinance or resolution consents to the addition.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter C. Powers and Duties › Section 3793.0307. No Eminent Domain Power

Sec. 3793.0307.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3793 - Trr 243 Municipal Management District › Subchapter D. General Financial Provisions; Assessments › Section 3793.0401. Disbursements and Transfers of Money

Sec. 3793.0401.  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 2021, 87th Leg., R.S., Ch. 986 (H.B. 4590), Sec. 1, eff. September 1, 2021.