reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter D. Administrative Provisions; Board of Directors › Section 375.072. Participation in Voting

Sec. 375.072.  PARTICIPATION IN VOTING.  (a)  A person who qualifies to serve on the board under Section 375.063 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.
(b)  A director who has a beneficial interest in a business entity that will receive a pecuniary benefit from an action of the board may participate in discussion and vote on that action if a majority of the board has a similar interest in the same action or if all other similar business entities in the district will receive a similar pecuniary benefit.
(c)  An employee of a public entity may serve on the board of directors of the district, but the public employee may not participate in the discussion of or vote on any matter regarding assessments on or contracts with the public entity of which the director is an employee.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.091. General Powers of District

Sec. 375.091.  GENERAL POWERS OF DISTRICT.   A district has the rights, powers, privileges, authority, and functions conferred by the general law of this state applicable to conservation and reclamation districts created under Article XVI, Section 59, of the Texas Constitution, including those conferred by Chapter 54, Water Code.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.225, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.0921. Authority for Road Projects

Sec. 375.0921.  AUTHORITY FOR ROAD PROJECTS.  (a)  Under Section 52, Article III, Texas Constitution, a district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
(b)  The district may impose ad valorem taxes to provide for mass transit systems in the manner and subject to the limitations provided by Section 52, Article III, and Section 52-a, Article III, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.0922. Road Standards and Requirements

Sec. 375.0922.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.
(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.093. Use and Alteration of Public Ways

Sec. 375.093.  USE AND ALTERATION OF PUBLIC WAYS.  (a)  With the consent of the municipality, the district is entitled to use the streets, alleys, roads, highways, and other public ways and to relocate, raise, reroute, change the grade of, and alter the construction of any street, alley, highway, road, railroad, electric lines and facilities, telegraph and telephone properties and facilities, pipelines and facilities, conduits and facilities, and other property, whether publicly or privately owned, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system or to have those things done at the district's sole expense.
(b)  The district may not proceed with any action to change, alter, or damage the property or facilities of the state, its municipal corporations, agencies, or political subdivisions or of owners rendering public services, or that will disrupt those services being provided by others, or to otherwise inconvenience the owners of that property or those facilities without having first obtained the written consent of those owners.  If the owners of the property or facilities desire to handle the relocation, raising, change in the grade of, or alteration in the construction of the property or facilities with their own personnel or have the work done by contractors of their own choosing, the district may enter agreements with the owners providing for the necessary relocations, changes, or alterations of the property or facilities by the owners or contractors and the reimbursement by the district to those owners of the costs incurred by the owners in making those relocations, changes, or alterations or having them accomplished by contractors.
(c)  If a district, in exercising any of the powers conferred by this chapter, requires the relocation, adjustment, raising, lowering, rerouting, or changing the grade of or altering the construction of any street, alley, highway, overpass, underpass, or road, any railroad track, bridge, or other facilities or property, any electric lines, conduits, or other facilities or property, any telephone or telegraph lines, conduits, or other facilities or property, any gas transmission or distribution pipes, pipelines, mains, or other facilities or property, any water, sanitary sewer or storm sewer pipes, pipelines, mains, or other facilities, or property, any cable television lines, cables, conduits, or other facilities or property, or any other pipelines and any facilities or properties relating to those pipelines, those relocations, adjustments, raising, lowering, rerouting, or changing of grade, or altering of construction must be accomplished at the sole cost and expense of the district, and damages that are suffered by the owners of the property or facilities shall be borne by the district.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.094. No Eminent Domain Power

Sec. 375.094.  NO EMINENT DOMAIN POWER.  A district may not exercise the power of eminent domain.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.095. Management by Board of Directors

Sec. 375.095.  MANAGEMENT BY BOARD OF DIRECTORS.  The responsibility for the management, operation, and control of the property belonging to a district is vested in the board.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.096. Specific Powers and Duties of Board

Sec. 375.096.  SPECIFIC POWERS AND DUTIES OF BOARD.  (a)  The board may:
(1)  employ all persons, firms, partnerships, or corporations considered necessary by the board for the conduct of the affairs of the district, including a general manager, bookkeepers, auditors, engineers, attorneys, financial advisers, peace or traffic control officers, architects, and operating or management companies and prescribe the duties, tenure, and compensation of each;
(2)  dismiss employees;
(3)  adopt a seal for the district;
(4)  invest funds of the district in any investments authorized by Subchapter A, Chapter 2256, Government Code and provide, by resolution, that an authorized representative manage the district's funds and invest and reinvest the funds of the district on terms the board considers advisable;
(5)  establish a fiscal year for the district;
(6)  establish a complete system of accounts for the district and each year shall have prepared an audit of the district's affairs, which shall be open to public inspection, by an independent certified public accountant or a firm of independent certified public accountants;  and
(7)  designate one or more banks to serve as the depository bank or banks.
(b)  Funds of a district shall be deposited in the depository bank or banks unless otherwise required by orders or resolutions authorizing the issuance of the district's bonds or notes.  To the extent that funds in the depository bank or banks are not insured by the Federal Deposit Insurance Corporation, they must be secured in the manner provided by law for the security of funds of counties.  The board by resolution may authorize a designated representative to supervise the substitution of securities pledged to secure the district's funds.
(c)  The board may adopt and enforce reasonable rules and regulations governing the administration of the district and its programs and projects.
(d)  The name of the district may be established or changed by resolution of the board.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(11), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.097. Hearings Examiner; Administrative Procedure Act

Sec. 375.097.  HEARINGS EXAMINER;  ADMINISTRATIVE PROCEDURE ACT.  (a)  The board may appoint a hearings examiner to conduct any hearing called by the board, including a hearing required by Chapter 395.  The hearings examiner may be an employee or contractor of the district, or a member of the district's board.
(b)  The hearing shall be conducted in accordance with Chapter 2001, Government Code.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter E. Powers and Duties › Section 375.098. District Act or Proceeding Presumed Valid

Sec. 375.098.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.  (a)  A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance with all applicable statutes and rules if:
(1)  the third anniversary of the effective date of the act or proceeding has expired; and
(2)  a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary.
(b)  This section does not apply to:
(1)  an act or proceeding that was void at the time it occurred;
(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred;
(3)  a rule that, at the time it was passed, was preempted by a statute of this state or the United States, including Section 1.06 or 109.57, Alcoholic Beverage Code; or
(4)  a matter that on the effective date of this section:
(A)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court; or
(B)  has been held invalid by a final judgment of a court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.111. General Powers Relating to Assessments

Sec. 375.111.  GENERAL POWERS RELATING TO ASSESSMENTS.  In addition to the powers provided by Subchapter E, the board of a district may undertake improvement projects and services that confer a special benefit on all or a definable part of the district.  The board may levy and collect special assessments on property in that area, based on the benefit conferred by the improvement project or services, to pay all or part of the cost of the project and services.  If the board determines that there is a benefit to the district, the district may provide improvements and services to an area outside the boundaries of the district.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.112. Specific Powers Relating to Assessments

Sec. 375.112.  SPECIFIC POWERS RELATING TO ASSESSMENTS.  (a)  An improvement project or services provided by the district may include the construction, acquisition, improvement, relocation, operation, maintenance, or provision of:
(1)  landscaping; lighting, banners, and signs; streets and sidewalks; pedestrian skywalks, crosswalks, and tunnels; seawalls; marinas; drainage and navigation improvements; pedestrian malls; solid waste, water, sewer, and power facilities, including electrical, gas, steam, cogeneration, and chilled water facilities; parks, plazas, lakes, rivers, bayous, ponds, and recreation and scenic areas; historic areas; fountains; works of art; off-street parking facilities, bus terminals, heliports, and mass transit systems; theatres, studios, exhibition halls, production facilities and ancillary facilities in support of the foregoing; and the cost of any demolition in connection with providing any of the improvement projects;
(2)  other improvements similar to those described in Subdivision (1);
(3)  the acquisition of real property or any interest in real property in connection with an improvement, project, or services authorized by this chapter, Chapter 54, Water Code, or Chapter 365 or 441, Transportation Code;
(4)  special supplemental services for advertising, economic development, promoting the area in the district, health and sanitation, public safety, maintenance, security, business recruitment, development, elimination or relief of traffic congestion, recreation, and cultural enhancement; and
(5)  expenses incurred in the establishment, administration, maintenance, and operation of the district or any of its improvements, projects, or services.
(b)  An improvement project on two or more streets or two or more types of improvements may be included in one proceeding and financed as one improvement project.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.226, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.113. Proposed Assessments

Sec. 375.113.  PROPOSED ASSESSMENTS.  Services or improvement projects may be financed under this chapter after a hearing notice given as required by this subchapter and a public hearing by the board on the advisability of the improvements and services and the proposed assessments.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.114. Petition Required

Sec. 375.114.  PETITION REQUIRED.  The board may not finance improvement projects or services under this chapter unless a written petition has been filed with the board requesting those improvements or services signed by:
(1)  the owners of a majority of the assessed value of the property in the district subject to assessment, according to the most recent certified county property tax rolls; or
(2)  for a proposed assessment to be apportioned under Section 375.119(1), the owners of a majority of the surface area of the real property subject to assessment by the district, according to the most recent certified county property tax rolls.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 12, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 717 (H.B. 304), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.115. Notice of Hearing

Sec. 375.115.  NOTICE OF HEARING.  (a)  Notice of the hearing shall be given in a newspaper with general circulation in the county in which the district is located.  The final publication must be made not later than the 30th day before the date of the hearing.
(b)  The notice must include:
(1)  the time and place of the hearing;
(2)  the general nature of the proposed improvement project or services;
(3)  the estimated cost of the improvement, including interest during construction and associated financing costs;  and
(4)  the proposed method of assessment.
(c)  Written notice containing the information required by Subsection (b) shall be mailed by certified mail, return receipt requested, or by another method determined by the board to provide adequate proof that the notice was timely mailed, not later than the 30th day before the date of the hearing.  The notice shall be mailed to each property owner in the district who will be subject to assessment at the current address of the property to be assessed as reflected on the tax rolls.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1265 (H.B. 871), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.116. Conclusion of Hearing; Findings

Sec. 375.116.  CONCLUSION OF HEARING;  FINDINGS.  (a)  A hearing on the services or improvement project, whether conducted by the board or a hearings examiner, may be adjourned from time to time.
(b)  At the conclusion of the hearing, the board shall make findings by resolution or order relating to the advisability of the improvement project or services, the nature of the improvement project or services, the estimated cost, the area benefited, the method of assessment, and the method and time for payment of the assessment.
(c)  If a hearings examiner is appointed to conduct the hearing, after conclusion of the hearing, the hearings examiner shall file with the board a report stating the examiner's findings and conclusions.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.117. Area to Be Assessed

Sec. 375.117.  AREA TO BE ASSESSED.  (a)  The area of the district to be assessed according to the findings of the board may be the entire district or any part of the district and may be less than the area proposed in the notice of the hearing.
(b)  Except as provided by Subsection (c), the area to be assessed may not include property that is not within the district boundaries at the time of the hearing unless there is an additional hearing, preceded by the required notice.
(c)  The owner of improvements constructed or land annexed to the district after the district has imposed assessments may waive the right to notice and an assessment hearing and may agree to the imposition and payment of assessments at an agreed rate for improvements constructed or land annexed to the district.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.118. Objections; Levy of Assessment

Sec. 375.118.  OBJECTIONS;  LEVY OF ASSESSMENT.  (a)  At a hearing on proposed assessments, at any adjournment of the hearing, or after consideration of the hearings examiner's report, the board shall hear and rule on all objections to each proposed assessment.
(b)  The board may amend proposed assessments for any parcel.
(c)  After all objections have been heard and action has been taken with regard to those objections, the board, by order or resolution, shall levy the assessments as special assessments on the property and shall specify the method of payment of the assessments and may provide that those assessments be paid in periodic installments, including interest.
(d)  Periodic installments must be in amounts sufficient to meet annual costs for services and improvements as provided by Section 375.119 and continue for the number of years required to retire indebtedness or pay for the services to be rendered.  The board may provide interest charges or penalties for failure to make timely payment and also may levy an amount to cover delinquencies and expenses of collection.
(e)  If assessments are levied for more than one service or improvement project, the board may provide that assessments collected for one service or improvement project may be borrowed to be used for another service or improvement project.
(f)  The board shall establish a procedure for the distribution or use of any assessments in excess of those necessary to finance the services or improvement project for which those assessments were collected.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.119. Apportionment of Cost

Sec. 375.119.  APPORTIONMENT OF COST.  The portion of the cost of an improvement project or services to be assessed against the property in the district shall be apportioned by the board based on the special benefits accruing to the property because of the improvement project or services.  The cost may be assessed:
(1)  equally by front foot or by square foot of land area against all property in the district;
(2)  against property according to the value of the property as determined by the board, with or without regard to structures or other improvements on the property;  or
(3)  on any other reasonable assessment plan that results in imposing fair and equitable shares of the cost on property similarly benefited.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.120. Assessment Roll

Sec. 375.120.  ASSESSMENT ROLL.  If the total cost of an improvement project or services is determined, the board shall levy the assessments against each parcel of land against which an assessment may be levied in the district.  With regard to an assessment for services, the board may levy an annual assessment that may be lower but not higher than the initial assessment.  The board shall have an assessment roll prepared showing the assessments against each property and the board's basis for the assessment.  The assessment roll shall be filed with the secretary of the board or other officer who performs the function of secretary and be open for public inspection.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.121. Interest on Assessments; Lien

Sec. 375.121.  INTEREST ON ASSESSMENTS;  LIEN.  (a)  Assessments bear interest at a rate specified by the board that may not exceed the interest rate permitted by Chapter 1204, Government Code.
(b)  Interest on an assessment between the effective date of the order or resolution levying the assessment and the date the first installment and any related penalty is payable shall be added to the first installment.  The interest or penalties on all unpaid installments shall be added to each subsequent installment until paid.
(c)  An assessment or any reassessment and any interest and penalties on that assessment or reassessment is a lien against the property until it is paid.
(d)  The owner of any property assessed may pay at any time the entire assessment against any lot or parcel with accrued interest to the date of the payment.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.331, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.122. Supplemental Assessments

Sec. 375.122.  SUPPLEMENTAL ASSESSMENTS.  After notice and hearing in the manner required for original assessments, the board may make supplemental assessments to correct omissions or mistakes in the assessment:
(1)  relating to the total cost of the improvement project or services;  or
(2)  covering delinquencies or costs of collection.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.123. Appeal

Sec. 375.123.  APPEAL.  (a)  After determination of an assessment, a property owner may appeal the assessment to the board.  The property owner must file a notice of appeal with the board not later than the 30th day after the date that the assessment is adopted.  The board shall set a date to hear the appeal.
(b)  The property owner may appeal the board's decision on the assessment to a court of competent jurisdiction.  The property owner must file notice of the appeal with the court of competent jurisdiction not later than the 30th day after the date of the board's final decision with respect to the assessment.
(c)  Failure to file either of the notices in the time required by this section results in a loss of the right to appeal the assessment.
(d)  If an assessment against a parcel of land is set aside by a court of competent jurisdiction, found excessive by the board, or determined to be invalid by the board, the board may make a reassessment or new assessment of the parcel.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter F. Assessments › Section 375.124. Appeal of Order

Sec. 375.124.  APPEAL OF ORDER.  A person against whom an assessment is made by board order may appeal the assessment to a district court in the county in which the district is located in the manner provided for the appeal of contested cases under Chapter 2001, Government Code.  Review by the district court is by trial de novo.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter G. Impact Fees › Section 375.141. Imposition of Impact Fees

Sec. 375.141.  IMPOSITION OF IMPACT FEES.  (a)  The board may impose impact fees to pay for the cost of providing improvements that the district is authorized to provide under this chapter, including mass transit systems.
(b)  The board may provide for impact fees to be paid in periodic installments and may include an interest charge from the date the impact fees are imposed to the date the impact fees are paid.
(c)  The board may provide interest charges and penalties for failure to make timely payment and also may levy an amount to cover delinquencies and expenses of collection.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter G. Impact Fees › Section 375.142. Procedure for Adopting Impact Fees

Sec. 375.142.  PROCEDURE FOR ADOPTING IMPACT FEES.  Impact fees shall be adopted under the procedures provided by Chapter 395, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter H. Exemptions › Section 375.161. Certain Residential Property Exempt

Sec. 375.161.  CERTAIN RESIDENTIAL PROPERTY EXEMPT.  (a)  Except as provided by Subsection (b), the board may not impose an impact fee, assessment, tax, or other requirement for payment, construction, alteration, or dedication under this chapter on single-family detached residential property, duplexes, triplexes, and fourplexes.
(b)  This section does not apply to a tax or assessment, if a tax is authorized or approved by the voters of the district, or to a required payment for a service provided by the district, including water and sewer services.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 2, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 8, eff. June 18, 2023.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter H. Exemptions › Section 375.162. Governmental Entities; Assessments

Sec. 375.162.  GOVERNMENTAL ENTITIES;  ASSESSMENTS.  Payment of assessments by municipalities, counties, other political subdivisions, and organizations exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, shall be established by contract.  Municipalities, counties, and other political subdivisions may contract with the district under terms and conditions those entities consider advisable to provide for the payment of assessments.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter H. Exemptions › Section 375.163. Recreational, Park, or Scenic Use Property

Sec. 375.163.  RECREATIONAL, PARK, OR SCENIC USE PROPERTY.  (a)  Property that comprises three or more acres, separated only by streets or public rights-of-way, that was used primarily for recreational, park, or scenic use during the immediately preceding calendar year and on which money has been spent for landscaping at any time in an amount that is equal to the lesser of five years of proposed district assessments on the property or the proposed amount of the district's assessments on the property pursuant to a plan of assessment adopted by the board is exempt from assessment by the district, except with consent of the owner of the property.
(b)  Property is exempt from assessment by the district under this section during the period that the property is used primarily for recreational, park, or scenic use in accordance with this section.
(c)  The fact that property is exempt from assessment by the district may not be construed to be an express or implied dedication of the property to the public for recreational, park, scenic, or other public use or constitute evidence of an intent by the owner of the property to make or offer to make that type of dedication and does not affect the status of the property as private property.
(d)  If the district levies ad valorem taxes, property that qualifies for an exemption from assessment under this section must be taxed by the district at its appraised value for recreational, park, or scenic use determined in accordance with Subchapter F, Chapter 23, Tax Code.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter H. Exemptions › Section 375.164. Residential Property Exempted by Board

Sec. 375.164.  RESIDENTIAL PROPERTY EXEMPTED BY BOARD.  The board may exempt residential property from all or a part of the assessments levied on that property or determine that residential property will not be benefited by the proposed improvement project or services.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter H. Exemptions › Section 375.165. Governmental Entities; Impact Fees

Sec. 375.165.  GOVERNMENTAL ENTITIES;  IMPACT FEES.  (a)  A municipality, county, or other political subdivision is exempt from impact fees imposed by the district unless the municipality, county, or other political subdivision consents to payment of the fees by official act of its governing body.
(b)  Payment of impact fees by a municipality, county, or other political subdivision must be established by contract.
(c)  A municipality, county, or other political subdivision may contract with the district under terms and conditions the governmental entity considers advisable to provide for payment of impact fees.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter I. Funds › Section 375.181. Funds Available for Payment of Projects and Services

Sec. 375.181.  FUNDS AVAILABLE FOR PAYMENT OF PROJECTS AND SERVICES.  (a)  The cost of any improvement project or services, including interest during construction and costs of issuance of bonds, may be paid from general or available funds, assessments, or the proceeds of bonds payable from taxes, revenues, assessments, impact fees, grants, gifts, contracts, leases, or any combination of those funds.
(b)  During the progress of an improvement project or services, the board may issue temporary notes to pay the costs of the improvement project or services and issue bonds on completion.
(c)  The costs of more than one improvement project or service may be paid from a single issue and sale of bonds without other consolidation proceedings before the bond issue.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter I. Funds › Section 375.182. Prohibited Use of Funds

Sec. 375.182.  PROHIBITED USE OF FUNDS.  Funds may not be spent, an assessment imposed, or a tax levied under this chapter to finance the opening, reopening, or maintenance of a pass, canal, or waterway across a barrier island connecting the Gulf of Mexico with inland waters.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.201. General Obligation and Revenue Bonds

Sec. 375.201.  GENERAL OBLIGATION AND REVENUE BONDS.  For the payment of all or part of the costs of an improvement project or services, the board may issue bonds in one or more series payable from and secured by ad valorem taxes, assessments, impact fees, revenues, grants, gifts, contracts, leases, or any combination of those funds.  Bonds may be liens on all or part of the revenue derived from improvements authorized under this chapter, including installment payments of special assessments or from any other source pledged to their payment.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.202. Terms and Conditions of Bonds

Sec. 375.202.  TERMS AND CONDITIONS OF BONDS.  (a)  Bonds may be issued to mature serially or otherwise not more than 40 years from their date of issue.  Provision may be made for the subsequent issuance of additional parity bonds or subordinate lien bonds under terms or conditions that may be stated in the order or resolution authorizing the issuance of the bonds.
(b)  The bonds are negotiable instruments within the meaning and for purposes of the Business & Commerce Code.
(c)  The bonds may be issued registrable as to principal alone or as to both principal and interest, shall be executed, may be made redeemable before maturity, may be issued in the form, denominations, and manner and under the terms, conditions, and details, may be sold in the manner, at the price, and under the terms, and shall bear interest at the rates determined and provided in the order or resolution authorizing the issuance of the bonds.
(d)  Bonds may bear interest and may be issued in accordance with Chapters 1201, 1204, and 1371, Government Code, and Subchapters A-C, Chapter 1207, Government Code.
(e)  If provided by the bond order or resolution, the proceeds from the sale of bonds may be used to pay interest on the bonds during and after the period of the acquisition or construction of any improvement project to be provided through the issuance of the bonds, to pay administrative and operation expenses to create a reserve fund for the payment of the principal of and interest on the bonds, to pay costs associated with the issuance of the bonds, and to create any other funds.  The proceeds of the bonds may be placed on time deposit or invested, until needed, in securities in the manner provided by the bond order or resolution.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.332, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 13, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.203. Pledges

Sec. 375.203.  PLEDGES.  (a)  The board may pledge all or part of the income or assessments from improvement projects financed under this chapter or from any other source to the payment of the bonds, including the payment of principal, interest, and any other amounts required or permitted in connection with the bonds.  The pledged income shall be set and collected in amounts that will be at least sufficient, with any other pledged resources, to provide for all payments of principal, interest, and any other amounts required in connection with the bonds and, to the extent required by the order or resolution authorizing the issuance of the bonds, to provide for the payment of expenses in connection with the bonds and to pay operation, maintenance, and other expenses in connection with the improvement projects authorized under this chapter.
(b)  Bonds may be additionally secured by a mortgage or deed of trust on real property relating to the facilities authorized under this chapter owned or to be acquired by the district and by chattel mortgages, liens, or security interests on personal property appurtenant to that real property.  The board may authorize the execution of trust indentures, mortgages, deeds of trust, or other forms of encumbrance to evidence the indebtedness.
(c)  The board may pledge to the payment of the bonds all or any part of any grant, donation, revenues, or income received or to be received from the United States government or any other public or private source.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.204. Refunding Bonds

Sec. 375.204.  REFUNDING BONDS.  (a)  Bonds issued under this chapter may be refunded or otherwise refinanced by the issuance of refunding bonds under terms or conditions determined by order or resolution of the board.  Refunding bonds may be issued in amounts necessary to pay the principal of and interest and redemption premium, if any, on bonds to be refunded, at maturity or on any redemption date, and to provide for the payment of costs incurred in connection with the refunding.
(b)  The refunding bonds shall be issued in the manner provided by this chapter for other bonds.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.205. Approval by Attorney General; Registration

Sec. 375.205.  APPROVAL BY ATTORNEY GENERAL;  REGISTRATION.  (a)  The district shall submit bonds and the appropriate proceedings authorizing their issuance to the attorney general for examination.  This subsection applies only to bonds that are public securities, as that term is defined by Section 1202.001, Government Code.
(b)  If the bonds recite that they are secured by a pledge of assessments, impact fees, revenues, or rentals from a contract or lease, the district also shall submit to the attorney general a copy of the assessment procedures, impact fee procedures, contract, or lease and the proceedings relating to it.
(c)  If the attorney general finds that the bonds have been authorized and any assessment, contract, or lease has been made in accordance with law, the attorney general shall approve the bonds and the assessment, impact fee, contract, or lease, and the bonds shall be registered by the comptroller.
(d)  After approval and registration, the bonds and any assessment, impact fee, contract, or lease relating to them are incontestable in any court or other forum for any reason and are valid and binding obligations for all purposes in accordance with their terms.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 912 (S.B. 1234), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.206. Authorized Investments; Security

Sec. 375.206.  AUTHORIZED INVESTMENTS;  SECURITY.  (a)  District bonds are legal and authorized investments for:
(1)  banks, trust companies, and savings and loan associations;
(2)  insurance companies;
(3)  fiduciaries, trustees, and guardians;  and
(4)  all interest and sinking funds and other public funds of the state and agencies, subdivisions, and instrumentalities of the state, including counties, municipalities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic.
(b)  District bonds are eligible and lawful security for deposits of counties, municipalities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic, to the extent of the market value of the bonds, when accompanied by any unmatured interest coupons appurtenant to the bonds.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 375 - Municipal Management Districts in General › Subchapter J. Bonds › Section 375.207. Municipal Approval

Sec. 375.207.  MUNICIPAL APPROVAL.  (a)  A district must obtain the approval of the governing body of the municipality in which it is located for bond issues for an improvement project and the plans and specifications of an improvement project financed by the bond issue before those bonds may be issued.
(b)  Instead of approval of bonds by the municipality, the district before finally approving a capital improvements budget may obtain approval from the governing body of the municipality of a capital improvements budget for a period not to exceed five years.  If a district obtains approval of a capital improvements budget, it may finance the capital improvements and issue bonds specified in the budget without further approval from the municipality.
(c)  A district must obtain approval from the municipality of the plans and specifications of any improvement project that involves the use of the rights-of-way of streets, roads, or highways or the use of municipal land or any easements granted by the municipality.
(d)  Except as provided by Section 375.263, a municipality is not obligated to pay any bonds, notes, or other obligations of the district.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.05(a), eff. Aug. 26, 1991.