reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3865 - Aliana Management District › Subchapter D. General Financial Provisions › Section 3865.155. Sales and Use Tax

Sec. 3865.155.  SALES AND USE TAX.  (a)  The district may impose a sales and use tax if authorized by a majority of the voters of the district voting at an election called for that purpose.  Revenue from the tax may be used for any purpose for which ad valorem tax revenue of the district may be used.
(b)  The district may not adopt a sales and use tax if as a result of the adoption of the tax the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district.
(c)  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.
(d)  Chapter 321, Tax Code, applies to the imposition, computation, administration, enforcement, and collection of the sales and use tax imposed by this section except to the extent it is inconsistent with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 142 (S.B. 1295), Sec. 1, eff. May 23, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3865 - Aliana Management District › Subchapter E. Bonds and Other Obligations › Section 3865.201. Authority to Issue Bonds and Other Obligations

Sec. 3865.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, hotel occupancy taxes, sales and use taxes, revenue from economic development agreements under Chapter 380 or 381, Local Government Code, other district money, or any combination of those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 142 (S.B. 1295), Sec. 1, eff. May 23, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3865 - Aliana Management District › Subchapter E. Bonds and Other Obligations › Section 3865.202. Taxes for Bonds

Sec. 3865.202.  TAXES FOR BONDS.  (a)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of an ad valorem tax, without limit as to rate or amount, as required by Section 54.601, Water Code.
(b)  The board shall annually impose the tax while all or part of the bonds are outstanding.  Sections 54.601 and 54.602, Water Code, govern the amount and rate of the tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 142 (S.B. 1295), Sec. 1, eff. May 23, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3865 - Aliana Management District › Subchapter E. Bonds and Other Obligations › Section 3865.203. Bonds for Road Projects

Sec. 3865.203.  BONDS FOR ROAD PROJECTS.  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 142 (S.B. 1295), Sec. 1, eff. May 23, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter A. General Provisions › Section 3866.001. Definitions

Sec. 3866.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means Kennedale TownCenter Development District.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter A. General Provisions › Section 3866.002. Creation and Nature of District

Sec. 3866.002.  CREATION AND NATURE OF DISTRICT.  (a)  Kennedale TownCenter Development District is created as a special district under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
(b)  The board by resolution may change the district's name.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter A. General Provisions › Section 3866.003. Purpose; Legislative Findings

Sec. 3866.003.  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.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain transportation, safety, employment, commerce, housing, tourism, recreation, the arts, entertainment, economic development, and the public welfare in the area of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter A. General Provisions › Section 3866.004. Boundaries

Sec. 3866.004.  BOUNDARIES.  The district includes all the territory contained in the following described area:
Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb Subdivision; and Municipal Drive from Third Street to Kennedale Parkway (US Business Highway 287).
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter A. General Provisions › Section 3866.005. Findings of Benefit and Public Purpose

Sec. 3866.005.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The creation of the district is in the public interest and is essential to:
(1)  further the public purposes of the development and diversification of the economy of the state;
(2)  eliminate unemployment and underemployment; and
(3)  develop or expand transportation and commerce.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, employees, visitors, and consumers in the district and of the public;
(2)  provide needed funding to preserve, maintain, and enhance the economic health and vitality of the district as a community; 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.
(e)  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.
(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter A. General Provisions › Section 3866.006. Liberal Construction of Chapter

Sec. 3866.006.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter B. Board of Directors › Section 3866.051. Board of Directors; Terms

Sec. 3866.051.  BOARD OF DIRECTORS; TERMS.  (a)  The district is governed by a board of five voting directors appointed under Section 3866.052 who serve staggered two-year terms.
(b)  The governing body of the City of Kennedale may appoint one nonvoting director to serve a term prescribed by the governing body.  The nonvoting director must be an employee of the City of Kennedale and shall serve as an ex officio member in an advisory capacity to provide assistance on matters in the district that involve the city.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter B. Board of Directors › Section 3866.052. Appointment of Directors

Sec. 3866.052.  APPOINTMENT OF DIRECTORS.  (a)  The governing body of the City of Kennedale shall appoint directors to the board.
(b)  Sections 375.063, Local Government Code, and 49.052, Water Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter B. Board of Directors › Section 3866.053. Removal of Director

Sec. 3866.053.  REMOVAL OF DIRECTOR.  The members of the board serve at the pleasure of the governing body of the City of Kennedale.  The governing body may remove any board member by majority vote.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter B. Board of Directors › Section 3866.054. Vacancies

Sec. 3866.054.  VACANCIES.  A vacancy on the board shall be filled by the governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter B. Board of Directors › Section 3866.055. Conflicts of Interest

Sec. 3866.055.  CONFLICTS OF INTEREST.  Except as provided by Chapter 171, Local Government Code, a director may participate in all board votes and decisions.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter B. Board of Directors › Section 3866.056. Disbursements and Transfers of Money

Sec. 3866.056.  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. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter C. Powers and Duties › Section 3866.101. Powers of District

Sec. 3866.101.  POWERS OF DISTRICT.  The district has all powers provided by the general laws on road districts and road utility districts created under Section 52, Article III, Texas Constitution, and conservation and reclamation districts and municipal management districts created under Section 59, Article XVI, Texas Constitution, including:
(1)  Chapters 257 and 441, Transportation Code;
(2)  Chapter 375, Local Government Code; and
(3)  Chapters 49 and 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter C. Powers and Duties › Section 3866.102. Agreements; Grants

Sec. 3866.102.  AGREEMENTS; GRANTS.  (a)  The district may make an agreement with or accept a gift, grant, or loan from any person.
(b)  The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter C. Powers and Duties › Section 3866.103. Contract for Law Enforcement Services

Sec. 3866.103.  CONTRACT FOR LAW ENFORCEMENT SERVICES.  To protect the public interest, the district may contract with a municipality or county to provide law enforcement services in the district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.151. Competitive Bidding

Sec. 3866.151.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, applies to the district only for a contract that has a value of more than $25,000.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.152. Authority to Impose Ad Valorem Taxes, Assessments, and Impact Fees

Sec. 3866.152.  AUTHORITY TO IMPOSE AD VALOREM TAXES, ASSESSMENTS, AND IMPACT FEES.  The district may impose an ad valorem tax, assessment, or impact fee and use the proceeds of the tax, assessment, or impact fee for:
(1)  any district purpose, including the payment of debt or other contractual obligations; or
(2)  the payment of maintenance and operating expenses.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.153. Elections Regarding Taxes or Bonds

Sec. 3866.153.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district imposes a maintenance tax or issues bonds payable from ad valorem taxes.
(b)  The board may include more than one purpose in a single proposition at an election.
(c)  If the district obtains the written consent of all property owners in the district to impose a maintenance tax or issue bonds payable from ad valorem taxes or assessments, the district is exempt from the election requirement under Subsection (a) and may cancel an election called under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.154. Maintenance Tax

Sec. 3866.154.  MAINTENANCE TAX.  (a)  The district may impose an annual ad valorem tax on taxable property in the district for any district purpose, including to:
(1)  maintain and operate the district, including improvements constructed or acquired by the district; or
(2)  provide a service.
(b)  The board shall determine the tax rate.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.155. Assessments

Sec. 3866.155.  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 charge against the owners of the property even if the owners are not named in the assessment proceeding.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.156. Petition Required for Financing Services and Improvements With Assessments

Sec. 3866.156.  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 requesting a project financed by assessment 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 in which the property is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.157. Bonds and Other Obligations

Sec. 3866.157.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds 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 borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation, or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter D. Financial Provisions › Section 3866.158. Approval of Certain Improvement Projects

Sec. 3866.158.  APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.  The district must obtain the approval of the governing body of the City of Kennedale for:
(1)  the issuance of bonds for an improvement project;
(2)  the plans and specifications of an improvement project financed by the bonds; and
(3)  the plans and specifications of a district improvement project related to the use of land owned by the City of Kennedale, an easement granted by the City of Kennedale, or a right-of-way of a street, road, or highway.
Added by Acts 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3866 - Kennedale Towncenter Development District › Subchapter E. Dissolution › Section 3866.201. Dissolution

Sec. 3866.201.  DISSOLUTION.  (a)  The district may be dissolved by:
(1)  the governing body of the City of Kennedale on a vote of not less than two-thirds of its membership and adoption of an ordinance dissolving the district; or
(2)  majority vote of the board of directors.
(b)  Section 375.264, Local Government Code, does not apply to the district.
(c)  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 2009, 81st Leg., R.S., Ch. 172 (H.B. 1300), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.001. Definitions

Sec. 3867.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of Pearland.
(3)  "County" means Brazoria County.
(4)  "Director" means a board member.
(5)  "District" means the Pearland Municipal Management District No. 2.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.002. Nature of District

Sec. 3867.002.  NATURE OF DISTRICT.  The Pearland Municipal Management District No. 2 is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.003. Purpose; Declaration of Intent

Sec. 3867.003.  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 the city, the county, 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 or the county from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district.  The district is created to supplement and not to supplant city or county services provided in the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.004. Findings of Benefit and Public Purpose

Sec. 3867.004.  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 or expanding transportation and commerce.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center;
(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; and
(4)  provide for street or road and recreational facilities and improvements, including related drainage facilities, for the district.
(e)  Pedestrian or other nonmotorized vehicle ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.005. Initial District Territory

Sec. 3867.005.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on the bond;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.006. Eligibility for Inclusion in Special Zones

Sec. 3867.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code;
(3)  an enterprise zone created under Chapter 2303, Government Code; or
(4)  an industrial district created under Chapter 42, Local Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.007. Applicability of Municipal Management Districts Law

Sec. 3867.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter A. General Provisions › Section 3867.008. Construction of Chapter

Sec. 3867.008.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter B. Board of Directors › Section 3867.051. Governing Body; Terms

Sec. 3867.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of seven voting directors who serve staggered terms of four years, with three or four directors' terms expiring June 1 of each odd-numbered year.
(b)  The board by resolution may change the number of voting directors on the board if the board determines that the change is in the best interest of the district and the governing body of the city consents to the change.  The board may not consist of fewer than 5 or more than 15 voting directors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter B. Board of Directors › Section 3867.052. Appointment of Voting Directors

Sec. 3867.052.  APPOINTMENT OF VOTING DIRECTORS.  The governing body of the city shall appoint voting directors from persons recommended by the board.  A person is appointed if a majority of the members of the governing body of the city vote to appoint that person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter B. Board of Directors › Section 3867.053. Nonvoting Directors

Sec. 3867.053.  NONVOTING DIRECTORS.  The board may appoint nonvoting directors to serve at the pleasure of the voting directors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter B. Board of Directors › Section 3867.054. Quorum

Sec. 3867.054.  QUORUM.  For purposes of determining the requirements for a quorum of the board, the following are not counted:
(1)  a board position vacant for any reason, including death, resignation, or disqualification;
(2)  a director who is abstaining from participation in a vote because of a conflict of interest; or
(3)  a nonvoting director.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.101. General Powers and Duties

Sec. 3867.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.102. Improvement Projects and Services

Sec. 3867.102.  IMPROVEMENT PROJECTS AND SERVICES.  The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using any 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.103. Development Corporation Powers

Sec. 3867.103.  DEVELOPMENT CORPORATION POWERS.  The district, using money available to the district, may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project under that chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.104. Nonprofit Corporation

Sec. 3867.104.  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 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.105. Agreements; Grants

Sec. 3867.105.  AGREEMENTS; GRANTS.  (a)  As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any person.
(b)  The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.106. Law Enforcement and Security Services

Sec. 3867.106.  LAW ENFORCEMENT AND SECURITY SERVICES.  To protect the public interest, the district may provide security services or contract with a qualified party, including the county or the city, to provide law enforcement services in the district for a fee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.107. Membership in Charitable Organizations

Sec. 3867.107.  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 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.108. Economic Development

Sec. 3867.108.  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 provided to municipalities by:
(1)  Chapter 380, Local Government Code; and
(2)  Subchapter A, Chapter 1509, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.109. Parking Facilities

Sec. 3867.109.  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 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.110. Annexation of Land

Sec. 3867.110.  ANNEXATION OF LAND.  The district may annex land as provided by Subchapter J, Chapter 49, Water Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.111. Approval by City

Sec. 3867.111.  APPROVAL BY CITY.  (a)  Except as provided by Chapter 375, Local Government Code, the district must obtain the approval of the city for:
(1)  the issuance of bonds;
(2)  the annexation or exclusion of land;
(3)  the plans and specifications of an improvement project financed by bonds; and
(4)  the plans and specifications of an improvement project related to the use of land owned by the city, an easement granted by the city, or a right-of-way of a street, road, or highway.
(b)  The district may not issue bonds or annex or exclude land until the governing body of the city adopts a resolution or ordinance authorizing the issuance of the bonds or the annexation or exclusion of the land.
(c)  The governing body of the city:
(1)  is not required to adopt a resolution or ordinance to approve plans and specifications described by Subsection (a); and
(2)  may establish an administrative process to approve plans and specifications described by Subsection (a) without the involvement of the governing body.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter C. Powers and Duties › Section 3867.112. No Eminent Domain Power

Sec. 3867.112.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter D. General Financial Provisions; Assessments › Section 3867.151. Disbursements and Transfers of Money

Sec. 3867.151.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter D. General Financial Provisions; Assessments › Section 3867.152. Money Used for Improvements or Services

Sec. 3867.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.  The district may acquire, construct, finance, operate, or maintain any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter D. General Financial Provisions; Assessments › Section 3867.153. Petition Required for Financing Services and Improvements With Assessments

Sec. 3867.153.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS.  (a)  The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)  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 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter D. General Financial Provisions; Assessments › Section 3867.154. Assessments; Liens for Assessments

Sec. 3867.154.  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 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3867 - Pearland Municipal Management District No. 2 › Subchapter D. General Financial Provisions; Assessments › Section 3867.155. Tax and Assessment Abatements

Sec. 3867.155.  TAX AND ASSESSMENT ABATEMENTS.  The district may designate reinvestment zones and may grant abatements of a tax or assessment on property in the zones.
Added by Acts 2013, 83rd Leg., R.S., Ch. 582 (S.B. 863), Sec. 1, eff. June 14, 2013.