2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.4645. District in Certain Counties: Bonds for Recreational Facilities

Sec. 49.4645.  DISTRICT IN CERTAIN COUNTIES:  BONDS FOR RECREATIONAL FACILITIES.
Text of section effective until approval by the voters of S.J.R. 32, 88th Leg., R.S.
(a)  A district all or part of which is located in Bastrop County, Bexar County, Waller County, Travis County, Williamson County, Harris County, Galveston County, Brazoria County, Montgomery County, or Fort Bend County may issue bonds supported by ad valorem taxes to pay for the development and maintenance of recreational facilities only if the bonds are authorized by a majority vote of the voters of the district voting in an election held for that purpose.  Except as provided by Subsection (a-1), the outstanding principal amount of bonds, notes, and other obligations issued to finance parks and recreational facilities supported by ad valorem taxes may not exceed an amount equal to one percent of the value of the taxable property in the district as shown by the tax rolls of the central appraisal district at the time of the issuance of the bonds, notes, and other obligations. To establish the value of the taxable property in a district under this section, the district may use an estimate of the value provided by the central appraisal district. The district may not issue bonds supported by ad valorem taxes to pay for the development and maintenance of:
(1)  indoor or outdoor swimming pools; or
(2)  golf courses.
Text of section effective on approval by the voters of S.J.R. 32, 88th Leg., R.S.
(a)  A district all or part of which is located in Bastrop County, Bexar County, Waller County, Travis County, Williamson County, Harris County, Galveston County, Brazoria County, Montgomery County, El Paso County, or Fort Bend County may issue bonds supported by ad valorem taxes to pay for the development and maintenance of recreational facilities only if the bonds are authorized by a majority vote of the voters of the district voting in an election held for that purpose.  Except as provided by Subsection (a-1), the outstanding principal amount of bonds, notes, and other obligations issued to finance recreational facilities supported by ad valorem taxes may not exceed an amount equal to one percent of the value of the taxable property in the district as shown by the tax rolls of the central appraisal district at the time of the issuance of the bonds, notes, and other obligations.  To establish the value of the taxable property in a district under this section, the district may use an estimate of the value provided by the central appraisal district.  The district may not issue bonds supported by ad valorem taxes to pay for the development and maintenance of:
(1)  indoor or outdoor swimming pools; or
(2)  golf courses.
(a-1)  The outstanding principal amount of bonds, notes, and other obligations issued to finance a recreational facility under Subsection (a) may exceed an amount equal to one percent but not three percent of the value of the taxable property in the district or, if supported by contract taxes under Section 49.108, the value of the taxable property in the districts making payments under the contract, if the district has:
(1)  a ratio of debt to certified assessed valuation of 10 percent or less;
(2)  a credit rating that conforms to commission rules;
(3)  a credit enhanced rating on the district's proposed bond issue that conforms to commission rules; or
(4)  a contract with a political subdivision or an entity acting on behalf of a political subdivision under which the political subdivision or the entity agrees to provide to the district taxes or other revenues, as consideration for the district's development or acquisition of the facility, including a contract under Section 49.108.
(b)  On or before the 10th day before the first day for early voting by personal appearance at an election held to authorize the issuance of bonds for the development and maintenance of recreational facilities, the board shall file in the district office for review by the public a park plan covering the land, improvements, facilities, and equipment to be purchased or constructed and their estimated cost, together with maps, plats, drawings, and data fully showing and explaining the park plan.  The park plan is not part of the proposition to be voted on, does not create a contract with the voters, and may be amended at any time after the election held to authorize the issuance of bonds for the development and maintenance of recreational facilities provided under the plan.  The estimated cost stated in the amended park plan may not exceed the amount of bonds authorized at that election.
(c)  Notice of a bond election for the development and maintenance of recreational facilities must contain the proposition to be voted on, which must include the estimate of the probable cost of design, construction, purchase, acquisition, and maintenance of improvements and additions and incidental expenses connected with the improvements and the issuance of bonds.
(d)  A bond election for the development and maintenance of recreational facilities may be held on the same day as another district election.  The board may call a bond election by a separate election order or as part of another election order.  The board may submit multiple purposes in a single proposition at an election.
(e)  The board may call a bond election for the development and maintenance of recreational facilities as a result of an agreement to annex additional territory into the district.
(f)  This section does not apply to a district all or part of which:
(1)  is located in Montgomery County; and
(2)  includes land within a planned community of at least 15,000 acres of land, of which a majority of the developed acreage is subject to restrictive covenants containing ad valorem assessments.
Added by Acts 2003, 78th Leg., ch. 343, Sec. 6, eff. Sept. 13, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 291 (H.B. 1127), Sec. 1, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 23, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 463 (H.B. 1410), Sec. 1, eff. June 14, 2021.
Acts 2023, 88th Leg., R.S., Ch. 17 (S.B. 938), Sec. 1.