reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3857 - Chambers-Liberty Counties Improvement District › Subchapter C. Powers and Duties › Section 3857.105. Authority to Contract for Law Enforcement

Sec. 3857.105.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.  To protect the public interest, the district may contract with Chambers or Liberty County for the county to provide law enforcement services in the district for a fee.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter C. Powers and Duties › Section 3857.106. No Eminent Domain Power

Sec. 3857.106.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.151. Disbursements and Transfers of Money

Sec. 3857.151.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.152. Petition Required for Financing Services and Improvements

Sec. 3857.152.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS.  (a)  The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that improvement or service has been filed with the board.
(b)  The petition must be signed by:
(1)  the owners of a majority of the assessed value of real property in the district subject to assessment as determined by the most recent certified tax appraisal roll for Chambers or Liberty County; or
(2)  at least 50 persons who own real property in the district, if more than 50 persons own real property in the district as determined by the most recent certified tax appraisal roll for Chambers or Liberty County.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.153. Maintenance Tax

Sec. 3857.153.  MAINTENANCE TAX.  (a)  If authorized at an election held in accordance with Section 3857.160, the district may impose an annual ad valorem tax on taxable property in the district to:
(1)  maintain and operate the district and the improvements constructed or acquired by the district; or
(2)  provide a service.
(b)  The board shall determine the tax rate.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.154. Assessments; Liens for Assessments

Sec. 3857.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose 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 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.155. Utility Property Exempt From Impact Fees or Assessments

Sec. 3857.155.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR ASSESSMENTS.  The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)  a telecommunications provider as defined by Section 51.002, Utilities Code; or
(4)  a person who provides to the public cable television or advanced telecommunications services.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.156. Bonds and Other Obligations

Sec. 3857.156.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue by competitive bid or negotiated sale bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district.
(b)  In exercising the district's power to borrow, 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.157. Approval Required for Water-Related Bonds

Sec. 3857.157.  APPROVAL REQUIRED FOR WATER-RELATED BONDS.  The district may not issue bonds to finance water, sewage, or drainage facilities without the approval of the Texas Commission on Environmental Quality.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.158. Counties Not Required to Pay District Obligations

Sec. 3857.158.  COUNTIES NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.  Except as provided by Section 375.263, Local Government Code, a county is not required to pay a bond, note, or other obligation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.159. Competitive Bidding

Sec. 3857.159.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $25,000.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter D. Financial Provisions › Section 3857.160. Elections Regarding Taxes or Bonds

Sec. 3857.160.  ELECTIONS REGARDING TAXES OR 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; or
(2)  issue a bond payable from ad valorem taxes or assessments.
(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 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3857 - Chambers-Liberty Counties Improvement District › Subchapter E. Dissolution › Section 3857.201. Dissolution of District With Outstanding Debt

Sec. 3857.201.  DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.  (a)  The board may dissolve the district regardless of whether the district has debt.  Section 375.264, Local Government Code, does not apply to the district.
(b)  If the district has debt when it is dissolved, the district shall remain in existence solely for the purpose of discharging its debts.  The dissolution is effective when all debts have been discharged.
Added by Acts 2007, 80th Leg., R.S., Ch. 1286 (H.B. 4093), 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 3858 - Driftwood Economic Development Municipal Management District › Subchapter A. General Provisions › Section 3858.001. Definitions

Sec. 3858.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "City council" means the governing body of the City of Dripping Springs.
(3)  "Commissioners court" means the Hays County Commissioners Court.
(4)  "Director" means a member of the board.
(5)  "District" means the Driftwood Economic Development Municipal Management District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter A. General Provisions › Section 3858.002. Creation and Nature of District

Sec. 3858.002.  CREATION AND NATURE OF DISTRICT.  The district is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter A. General Provisions › Section 3858.003. Purpose; Legislative Findings

Sec. 3858.003.  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, 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 Hays County from providing the level of services provided as of the effective date of the Act creating this chapter to the area in the district.  The district is created to supplement and not supplant county services provided in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter A. General Provisions › Section 3858.004. Findings of Benefit and Public Purpose

Sec. 3858.004.  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 further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment; and
(3)  developing commerce in the state.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, consumers, and visitors in the district;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and viability of the district as a community and business center; and
(3)  promote the health, safety, welfare, and enjoyment of the public by providing trails, landscaping, and other services that are necessary for the restoration, preservation, and enhancement of the scenic beauty and environment of the area.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter A. General Provisions › Section 3858.005. District Territory

Sec. 3858.005.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 2 of the Act creating this chapter, as the territory may have been modified under:
(1)  Section 375.043 or 375.044, Local Government Code; or
(2)  other law.
(b)  The boundaries and field notes of the district contained in Section 2 of the Act creating this chapter form a closure.  A mistake in the field notes of the district contained in Section 2 of the Act creating this chapter or in copying the field notes in the legislative process does not in any way affect:
(1)  the district's organization, existence, or validity;
(2)  the district's right to contract, including the right to issue an obligation for a purpose for which the district is created;
(3)  the district's right to impose or collect an assessment, tax, or other revenue; or
(4)  the legality or operation of the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter A. General Provisions › Section 3858.006. Applicability of Municipal Management Districts Law

Sec. 3858.006.  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 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter B. Board of Directors › Section 3858.051. Governing Body; Terms

Sec. 3858.051.  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 odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter B. Board of Directors › Section 3858.052. Appointment of Directors

Sec. 3858.052.  APPOINTMENT OF DIRECTORS.  The board consists of the following directors:
(1)  Position 1:  a person appointed by the commissioners court;
(2)  Position 2:  a person appointed by the commissioners court;
(3)  Position 3:  a person appointed by the city council;
(4)  Position 4:  a person appointed by the city council; and
(5)  Position 5:  a person appointed by the commissioners court, who must be the individual, the designee of the individual, or the designee of the entity that owns more property in the district than any other individual or entity, except that if the commissioners court is unable to identify a qualified person who is willing and able to serve, the commissioners court shall appoint to the place a person who is:
(A)  at least 18 years old; and
(B)  a resident of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter B. Board of Directors › Section 3858.053. Vacancy

Sec. 3858.053.  VACANCY.  A vacancy in the office of director shall be filled for the unexpired term by appointment in the same manner as the office was previously filled under Section 3858.052.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter B. Board of Directors › Section 3858.054. Petition; Election

Sec. 3858.054.  PETITION; ELECTION.  (a)  The owner or owners of at least 40 percent of the assessed value of property in the district may submit a petition to the commissioners court requesting an election of the board.
(b)  If the commissioners court receives a petition under Subsection (a), the commissioners court shall order an election of board members in the district.
(c)  The board shall give notice of the election not later than the 30th day before the date of the election.
(d)  Of the directors elected to the board in an election under this section, the terms of the directors appointed for positions 1 through 3 expire on the third June 1 after the election, and the terms of directors appointed for positions 4 and 5 expire on June 1 following the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter B. Board of Directors › Section 3858.055. Director's Bond and Oath

Sec. 3858.055.  DIRECTOR'S BOND AND OATH.  (a)  Section 375.067, Local Government Code, does not apply to a director.
(b)  Each director shall file the director's constitutional oath of office with the district, and the district shall retain the oath in the district's records.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter B. Board of Directors › Section 3858.057. Qualifications of Directors; Participation in Voting

Sec. 3858.057.  QUALIFICATIONS OF DIRECTORS; PARTICIPATION IN VOTING.  (a)  Sections 375.063 and 375.072, Local Government Code, do not apply to a director.
(b)  An official or employee of a public entity may serve on the board. The common law doctrine of incompatibility does not disqualify an official or employee of a public entity from serving as a director.
(c)  A person appointed to serve on the board under this chapter is qualified to serve as a director and participate in all votes pertaining to the business of the district regardless of any other statutory provision to the contrary.
(d)  A director may participate in discussion and vote on an action even if the director is an official or employee of a public entity and the action relates to assessments on or contracts with the public entity.
Added by Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.101. General Powers and Duties

Sec. 3858.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district was created.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.102. Improvement Projects

Sec. 3858.102.  IMPROVEMENT PROJECTS.  (a)  The district may provide, or it may enter into contracts with a governmental or private entity to provide, the following types of improvement projects or services or activities in support of or incidental to those projects or services:
(1)  the planning, design, construction, improvement, operation, and maintenance of:
(A)  irrigation facilities and landscaping;
(B)  highway right-of-way or transit corridor beautification and improvement;
(C)  lighting, banners, and signs;
(D)  a street or sidewalk;
(E)  a hiking or cycling path or trail;
(F)  a park, lake, garden, recreational facility, sports facility, open space, scenic area, animal habitat, or related exhibit or preserve;
(G)  a fountain, plaza, or pedestrian mall;
(H)  a drainage or storm-water detention improvement;
(I)  a wastewater treatment and disposal facility;
(J)  water, wastewater, or drainage facilities or services;
(K)  a water quality protection facility;
(L)  a facility to enhance groundwater recharge, including a rainwater collection and harvesting system;
(M)  an alternative energy facility; or
(N)  solid waste management services, including garbage collection, recycling, and composting;
(2)  the planning, design, construction, acquisition, lease, rental, improvement, maintenance, installation, and management of and provision of furnishings for a facility for:
(A)  a conference, convention, or exhibition;
(B)  a manufacturer, consumer, or trade show;
(C)  a civic, community, or institutional event; or
(D)  an exhibit, display, attraction, special event, or seasonal or cultural celebration or holiday; or
(3)  a special or supplemental service for the improvement and promotion of the district or for the protection of public health and safety in the district, including:
(A)  advertising;
(B)  promotion;
(C)  tourism;
(D)  health and sanitation;
(E)  public safety;
(F)  security;
(G)  fire protection or emergency medical services;
(H)  business recruitment;
(I)  development;
(J)  elimination of traffic congestion;
(K)  recreational, educational, or cultural improvements, enhancements, and services;
(L)  water, wastewater, or drainage facilities or services; or
(M)  any similar public improvement, facility, or service.
(b)  The district may not undertake a project under this section unless the board determines the project to be necessary to accomplish the public purpose of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.1025. Economic Development

Sec. 3858.1025.  ECONOMIC DEVELOPMENT.  (a) The district may engage in activities that accomplish the economic development purposes of the district.
(b)  The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)  make loans and grants of public money; and
(2)  provide district personnel and services.
(c)  The district may create economic development programs and exercise the economic development powers that Chapter 380, Local Government Code, provides to a municipality.
Added by Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.103. Contracts; Gifts; Donations

Sec. 3858.103.  CONTRACTS; GIFTS; DONATIONS.  The district may:
(1)  contract with any person to accomplish any district purpose, including a contract for:
(A)  the payment, repayment, or reimbursement of costs incurred by that person on behalf of the district, including all or part of the costs of an improvement project and interest on the reimbursed costs;
(B)  the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed or existing improvement project; or
(C)  the provision of law enforcement services to the district for a fee;
(2)  apply for and contract with any person 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 investigation, planning, analysis, study, design, acquisition, construction, improvement, completion, implementation, or operation by the district or others of a proposed or existing improvement project; and
(3)  accept a grant or donation from any person.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.104. Rules; Enforcement

Sec. 3858.104.  RULES; ENFORCEMENT.  (a)  The district may adopt and enforce rules:
(1)  to administer or operate the district or any service provided by the district;
(2)  for the use, enjoyment, availability, protection, security, and maintenance of the district's property 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 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.105. Competitive Bidding

Sec. 3858.105.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, does not apply to the formation of a district contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter C. Powers and Duties › Section 3858.106. No Eminent Domain Power

Sec. 3858.106.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.151. Disbursements and Transfers of Money

Sec. 3858.151.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.1521. Bonds and Other Obligations

Sec. 3858.1521.  BONDS AND OTHER OBLIGATIONS.  (a)  The district 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 for any purpose authorized by this chapter.
(b)  Notwithstanding Subsection (a), ad valorem taxes may be pledged only to pay bonds, notes, or other obligations that are issued by the district for purposes authorized under Sections 52 and 52-a, Article III, or Section 59, Article XVI, Texas Constitution.
Added by Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.1522. Elections Regarding Bonds

Sec. 3858.1522.  ELECTIONS REGARDING BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by revenue from any source other than ad valorem taxes.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may issue bonds payable from ad valorem taxes.
Added by Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.153. Ad Valorem Tax; Election

Sec. 3858.153.  AD VALOREM TAX; ELECTION.  (a)  The district must hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes an ad valorem tax.
(b)  If authorized at an election under Subsection (a) and subject to Subsection (c), the district may impose an annual ad valorem tax on taxable property in the district to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 974 , Sec. 8(a), eff. January 1, 2016.
(d)  The board shall determine the tax rate.  The tax rate may not exceed 15 cents per $100 valuation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 974 (H.B. 2259), Sec. 8(a), eff. January 1, 2016.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.154. Assessments; Liens for Assessments

Sec. 3858.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose and collect an assessment for any purpose authorized by this chapter.
(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 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.155. Sales and Use Tax; Election

Sec. 3858.155.  SALES AND USE TAX; ELECTION.  (a)  Except as otherwise provided by this section, Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to a tax imposed under this section and to the administration and enforcement of that tax in the same manner that those laws apply to a state tax.
(b)  Except as otherwise provided by this chapter, Chapter 321, Tax Code, applies to the imposition, computation, administration, and governance of a sales and use tax imposed under this section.
(c)  The board may impose a tax on the receipts from the sale at retail of taxable items within the district, and an excise tax on the use, storage, or other consumption in the district of taxable items purchased, leased, or rented from a retailer in the district if authorized by a majority of the voters of the district voting at an election called for that purpose and held in the manner provided by Subchapter L, Chapter 375, Local Government Code.
(d)  The tax may be imposed in one-eighth of one percent increments not to exceed the rate authorized by the district voters.
(e)  A tax under this section is applied to the sales price of a taxable item.
(f)  The board may not adopt a sales and use tax if as a result of the adoption of the tax the combined rate of all sales and use taxes imposed by the board and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district.
(g)  If the voters of the district approve the adoption of the tax at an election held on the same election date on which another political subdivision adopts a sales and use tax or approves an increase in the rate of its sales and use tax and as a result the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district, the election to adopt a sales and use tax under this chapter has no effect.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.156. Hotel Occupancy Tax

Sec. 3858.156.  HOTEL OCCUPANCY TAX.  The district may impose a hotel occupancy tax in the manner that Chapter 351, Tax Code, provides for a municipality.  A tax imposed under this section may not exceed seven percent of the price paid for lodging in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3858 - Driftwood Economic Development Municipal Management District › Subchapter D. General Financial Provisions › Section 3858.157. Accounting

Sec. 3858.157.  ACCOUNTING.  (a)  On the conclusion of each fiscal year, the board shall obtain from an independent entity a review of the district's financial activities for the preceding fiscal year.
(b)  Not later than September 1, the board annually shall submit to the commissioners court a written report containing:
(1)  the findings of a review under Subsection (a);
(2)  if not included in the review, accounting records of the preceding fiscal year; and
(3)  a summary of the activities of the district during the preceding fiscal year.
(c)  Expired.
Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.001. Definitions

Sec. 3859.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Harris County Improvement District No. 9.
Added by Acts 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.002. Harris County Improvement District No

Sec. 3859.002.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 9.  A special district known as the "Harris County Improvement District No. 9" is a governmental agency and political subdivision of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.003. Purpose; Declaration of Intent

Sec. 3859.003.  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 Harris County, the City of Houston, 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 area of the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve Harris County or the City of Houston from providing the level of services provided as of September 1, 2007, 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 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.004. Findings of Benefit and Public Purpose

Sec. 3859.004.  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)  Each improvement project or service authorized by this chapter is essential to carry out a public purpose.
(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; and
(3)  develop or expand transportation and commerce.
(e)  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 for the district to preserve, maintain, and enhance the economic health and vitality of the area as a community and business center;
(3)  promote the health, safety, welfare, and enjoyment of the public by providing public art and 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;
(4)  promote and benefit commercial development and commercial areas in the district; and
(5)  promote and develop public transportation and pedestrian facilities and systems using new and alternative means that are attractive, safe, and convenient, including securing expanded and improved transportation and pedestrian facilities and systems, to:
(A)  address the problem of traffic congestion in the district, the need to control traffic and improve pedestrian safety, and the limited availability of money; and
(B)  benefit the land and other property in the district and the residents, employers, employees, visitors, and consumers in the district and the public.
(f)  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.
(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 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.005. District Territory

Sec. 3859.005.  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 3859.106;
(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 in any way affect:
(1)  the district's organization, existence, and validity;
(2)  the district's right to issue any type of bond, including a refunding bond, for a purpose for which the district is created or to pay the principal of and interest on the bond;
(3)  the district's right to impose and collect an assessment or tax; or
(4)  the legality or operation of the district or the board.
(c)  A description of the district's boundaries shall be filed with the Texas Commission on Environmental Quality.  The commission by order may correct a mistake in the description of the district's boundaries.
Added by Acts 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.006. Tort Liability

Sec. 3859.006.  TORT LIABILITY.  The district is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the district are essential government functions and are not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.007. Eligibility for Reinvestment Zones

Sec. 3859.007.  ELIGIBILITY FOR REINVESTMENT ZONES.  All or any part of the area of the district is eligible to be included in a tax increment reinvestment zone created by the City of Houston under Chapter 311, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), 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 3859 - Harris County Improvement District No. 9 › Subchapter A. General Provisions › Section 3859.008. Liberal Construction of Chapter

Sec. 3859.008.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1288 (H.B. 4110), Sec. 1, eff. June 15, 2007.