reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.037. Eminent Domain

Sec. 325.037.  EMINENT DOMAIN.  (a)  The district may acquire land for a sports facility by condemnation if the board determines, after notice and hearing, that it is necessary.
(b)  The right of eminent domain must be exercised in the manner provided by Chapter 21, Property Code, except that the district is not required to give bond for appeal or bond for costs in a condemnation suit or other suit to which it is a party and is not required to deposit double the amount of any award in any suit.
(c)  If the district, in the exercise of the power of eminent domain, makes necessary the relocation, raising, lowering, rerouting, or changing in grade, or alteration of the construction of any highway, railroad, electric transmission or distribution line, telephone or telegraph properties and facilities, or pipeline, all necessary relocations, raising, lowering, rerouting, changing in grade, or alteration of construction shall be accomplished at the sole expense of the district.  "Sole expense" means the actual cost of relocation, raising, lowering, rerouting, or changing in grade, or alteration of construction to provide comparable replacement without enhancement of facilities, after deducting the net salvage value derived from the old facility.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.038. District to Enter Into Construction Contracts

Sec. 325.038.  DISTRICT TO ENTER INTO CONSTRUCTION CONTRACTS.  The district may contract with any person to construct or improve any part of a sports facility.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.039. Bids on Contracts for Construction

Sec. 325.039.  BIDS ON CONTRACTS FOR CONSTRUCTION.  Construction contracts requiring an expenditure of more than $15,000 may be made only after competitive bidding as provided by Subchapter B, Chapter 271, Local Government Code.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 16, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.040. Change Orders

Sec. 325.040.  CHANGE ORDERS.  After a construction contract is awarded, if the district determines that additional work is needed or if the character or type of work, facilities, or improvements should be changed, the board may authorize change orders to the contract on terms the board approves. A change made under this section may not increase or decrease the total cost of the contract by more than 25 percent. The board may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.041. Attachments to Construction Contracts

Sec. 325.041.  ATTACHMENTS TO CONSTRUCTION CONTRACTS.  A construction contract must contain, or have attached to it, the specifications, plans, and details for work included in the contract, and work shall be done according to those plans and specifications under the supervision of the district.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.042. Execution and Availability of Construction Contracts

Sec. 325.042.  EXECUTION AND AVAILABILITY OF CONSTRUCTION CONTRACTS.  (a)  A construction contract must be in writing and signed by an authorized representative of the district and the contractor.
(b)  The contract is a district record and is subject to Section 325.020.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.043. Contractor's Bond

Sec. 325.043.  CONTRACTOR'S BOND.  (a)  A contractor shall execute a bond.  The bond must be in an amount determined by the board, not to exceed the contract price, payable to the district, approved by the board, and conditioned on the faithful performance of the obligations, agreements, and covenants of the contract.
(b)  The bond must provide that if the contractor defaults on the contract, the contractor will pay to the district all damages sustained as a result of the default.  The district shall deposit the bond in its depository and shall keep a copy of the bond in its main office.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.044. Monitoring Construction Work

Sec. 325.044.  MONITORING CONSTRUCTION WORK.  (a)  The board has control of any construction, acquisition, or improvement of the sports facility for which it has contracted.  The board shall determine whether or not the contract is being fulfilled.
(b)  The board shall have the construction work inspected by engineers, inspectors, or other personnel of the district.
(c)  During the progress of the construction work, the employees inspecting the work shall submit to the board written reports that show whether the contractor is complying with the contract.
(d)  On completion of construction work, the employees inspecting the work shall submit to the board a final detailed written report including information necessary to show whether the contractor has fully complied with the contract.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.045. Payment for Construction Work

Sec. 325.045.  PAYMENT FOR CONSTRUCTION WORK.  (a)  The district shall make monthly progress payments under construction contracts as the work proceeds, or at more frequent intervals as determined by the board.
(b)  If requested by the board, the contractor shall furnish an analysis of the total contract price showing the amount included for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments.
(c)  In making progress payments, the district shall retain 10 percent of the estimated amount until final completion and acceptance of the contract work.  However, if the board, at any time after 50 percent of the work has been completed, finds that satisfactory progress is being made, it may authorize any of the remaining progress payments to be made in full.  Also, if the work is substantially complete, the board, if it finds the amount retained to be in excess of the amount adequate for the protection of the district, may release to the contractor all or a part of the excess amount.
(d)  On completion and acceptance of each separate project, work, or other division of the contract, on which the price is stated separately in the contract, payment may be made without retention of a percentage.
(e)  When construction work is completed according to the terms of the contract, the board shall draw a warrant on the depository to pay any balance due on the contract.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.046. Contracts for Purchase of Vehicles, Equipment, and Supplies Over $5,000

Sec. 325.046.  CONTRACTS FOR PURCHASE OF VEHICLES, EQUIPMENT, AND SUPPLIES OVER $5,000.  (a)  If the estimated amount of a proposed contract for the purchase of vehicles, equipment, or supplies is more than $15,000, the board shall ask for competitive bids in accordance with the bidding procedures provided by the County Purchasing Act (Subchapter C, Chapter 262, Local Government Code) except that the bids shall be presented to the board and the board shall award the contract.
(b)  This section does not apply to purchases of property from public agencies or to contracts for personal or professional services.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 17, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter C. Powers and Duties › Section 325.047. Fees and Charges

Sec. 325.047.  FEES AND CHARGES.  (a)  The board may adopt and enforce all necessary charges, fees, or rentals for providing any district facilities or service.
(b)  The board may require a deposit for any service or facilities furnished and may provide that the deposit will bear interest.
(c)  The board may discontinue a facility or service to prevent an abuse or enforce payment of an unpaid charge, fee, or rental due the district.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.061. Fiscal Year

Sec. 325.061.  FISCAL YEAR.  (a)  The district shall be operated on the basis of a fiscal year established by the board.
(b)  The fiscal year may not be changed more than once in a 24-month period.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.062. Annual Audit

Sec. 325.062.  ANNUAL AUDIT.  Annually, the board shall have an audit made of the financial condition of the district.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.063. Annual Budget

Sec. 325.063.  ANNUAL BUDGET.  (a)  The board shall prepare and approve an annual budget.
(b)  The budget must contain a complete financial statement, including a statement of the:
(1)  outstanding obligations of the district;
(2)  amount of cash on hand to the credit of each fund of the district;
(3)  amount of money received by the district from all sources during the previous year;
(4)  amount of money estimated to be available to the district from all sources during the ensuing year;
(5)  amount of the balances expected at the end of the year in which the budget is being prepared;  and
(6)  estimated amount of revenues and balances available to cover the proposed budget.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.064. Amending Budget

Sec. 325.064.  AMENDING BUDGET.  After the annual budget is adopted, the board may amend the budget.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.065. Limitation on Expenditures

Sec. 325.065.  LIMITATION ON EXPENDITURES.  Money may not be spent for an expense not included in the annual budget or an amendment to it.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.066. Sworn Statement

Sec. 325.066.  SWORN STATEMENT.  As soon as practicable after the close of the fiscal year, the general manager shall prepare for the board a sworn statement of the amount of money that belongs to the district and an account of the disbursements of that money.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.067. Depository

Sec. 325.067.  DEPOSITORY.  (a)  The board shall name one or more banks to serve as depository for district funds.
(b)  District funds, other than those transmitted to a bank of payment for bonds issued by the district, shall be deposited as received with the depository bank.  This subsection does not limit the power of the board to place a part of the district's funds on time deposit or to purchase certificates of deposit.
(c)  Before the district deposits funds in a bank in an amount that exceeds the maximum amount secured by the Federal Deposit Insurance Corporation, the bank must execute a bond or other security in an amount sufficient to secure from loss the district funds that exceed the amount secured by the Federal Deposit Insurance Corporation.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.068. Investments

Sec. 325.068.  INVESTMENTS.  (a)  Funds of the district may be invested and reinvested by the board or its authorized representative in direct or indirect obligations of the United States, the state, or any county, municipality, school district, or other political subdivision of the state.
(b)  Funds of the district may be placed in certificates of deposit of state or national banks or state or federal savings and loan associations within the state provided that they are secured in the manner provided for the security of the funds of counties of the state.
(c)  The board, by resolution, may provide that an authorized representative of the district may invest and reinvest the funds of the district and provide for money to be withdrawn from the appropriate accounts of the district for investments on terms the board considers advisable.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.069. Repayment of Organizational Expenses

Sec. 325.069.  REPAYMENT OF ORGANIZATIONAL EXPENSES.  (a)  The board may pay all costs and expenses necessarily incurred in the creation and organization of the district, legal fees, and other incidental expenses and may reimburse any person for money advanced for those purposes.
(b)  Payments may be made from money obtained from the sale of bonds first issued by the district or other revenues of the district.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter D. District Finances › Section 325.070. Borrowing Money

Sec. 325.070.  BORROWING MONEY.  The district may borrow money for any purpose authorized under this chapter or any combination of those purposes.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.081. Issuance of Bonds

Sec. 325.081.  ISSUANCE OF BONDS.  The board may issue revenue bonds in the name of the district to acquire land and construct facilities as provided by this chapter.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.082. Manner of Repayment of Bonds

Sec. 325.082.  MANNER OF REPAYMENT OF BONDS.  The board may provide for the payment of the principal of and interest on the bonds from revenues of the district, including fees and lease income.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.083. Form of Bonds

Sec. 325.083.  FORM OF BONDS.  (a)  A district may issue its bonds in various series or issues.
(b)  Bonds may mature serially or otherwise not more than 50 years from their date and shall bear interest at any rate permitted by the constitution and laws of the state.
(c)  A district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8 of the Business & Commerce Code and may be issued registrable as to principal or as to both principal and interest and may be made redeemable before maturity, at the option of the district, or may contain a mandatory redemption provision.
(d)  A district's bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details, and shall be signed and executed as provided by the board in the resolution or order authorizing their issuance.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.084. Provisions of Bonds

Sec. 325.084.  PROVISIONS OF BONDS.  (a)  In the orders or resolutions authorizing the issuance of bonds, the board may provide for the flow of funds, the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds, and may make additional covenants with respect to the bonds, the pledged revenues, and the operation and maintenance of those improvements and facilities, the revenue of which is pledged.
(b)  The orders or resolutions of the board authorizing the issuance of bonds may also prohibit the further issuance of bonds payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued.
(c)  The orders or resolutions of the board issuing bonds may contain other provisions and covenants as the board may determine.
(d)  The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.085. Approval by Attorney General; Registration by Comptroller

Sec. 325.085.  APPROVAL BY ATTORNEY GENERAL;  REGISTRATION BY COMPTROLLER.  (a)  Bonds issued by a district must be submitted to the attorney general for examination.
(b)  If the attorney general finds that the bonds have been authorized in accordance with law, the attorney general shall approve them, and they shall be registered by the comptroller of public accounts.
(c)  After the approval and registration of bonds, the bonds are incontestable in any court or other forum, for any reason, and are valid and binding obligations in accordance with their terms for all purposes.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.086. Bonds as Investments

Sec. 325.086.  BONDS AS INVESTMENTS.  District bonds are legal and authorized investments for:
(1)  banks;
(2)  trust companies;
(3)  savings and loan associations;
(4)  insurance companies;
(5)  fiduciaries;
(6)  trustees;
(7)  guardians;  and
(8)  sinking funds of municipalities, counties, school districts, and other political subdivisions of the state and other public funds of the state and its agencies, including the permanent school fund.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.087. Bonds as Security for Deposits

Sec. 325.087.  BONDS AS SECURITY FOR DEPOSITS.  District bonds are eligible to secure deposits of public funds of the state and municipalities, counties, school districts, and other political subdivisions of the state.  The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.088. Tax Status of Bonds

Sec. 325.088.  TAX STATUS OF BONDS.  Bonds issued by a district under this chapter, any transaction relating to the bonds, and profits made in the sale of the bonds, are free from taxation by the state or by any municipality, county, special district, or other political subdivision of the state.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.089. Mandamus by Bondholders

Sec. 325.089.  MANDAMUS BY BONDHOLDERS.  In addition to all other rights and remedies provided by law, if the district defaults in the payment of principal, interest, or redemption price on its bonds when due or if it fails to make payments into any fund or funds created in the orders or resolutions authorizing the issuance of the bonds or defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the orders or resolutions authorizing the issuance of its bonds, the owners of any of the bonds are entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the district and its officials to observe and perform the covenants, obligations, or conditions prescribed in the orders or resolutions authorizing the issuance of the district's bonds.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 325 - Sports Facility District Established by County › Subchapter E. District Bonds › Section 325.090. Application of Other Laws

Sec. 325.090.  APPLICATION OF OTHER LAWS.  Bonds of the district are considered public securities under Chapter 1201, Government Code.
Added by Acts 1989, 71st Leg., ch. 437, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.323, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter A. General Provisions › Section 326.001. Findings

Sec. 326.001.  FINDINGS.  The legislature finds that:
(1)  children and other residents of many rural and suburban areas of the state do not have convenient access to a public library;  and
(2)  the creation of library districts in underserved areas would make valuable information resources more readily available to public school students and other residents of the state.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter A. General Provisions › Section 326.002. Purpose

Sec. 326.002.  PURPOSE.  The purpose of a library district is to establish, equip, and maintain one or more public libraries for the dissemination of general information relating to the arts, sciences, and literature.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter A. General Provisions › Section 326.003. Definitions

Sec. 326.003.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of trustees of a district.
(2)  "District" means a library district created under this chapter.
(3)  "Municipal public library" means a library that is:
(A)  financed and operated by a municipality;  and
(B)  open free of charge to all members of the public under identical conditions.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter A. General Provisions › Section 326.004. District Authorization

Sec. 326.004.  DISTRICT AUTHORIZATION.  (a)  A library district may be created and must be maintained, operated, and financed as provided by this chapter.
(b)  A district created under this chapter is a governmental agency, body politic and corporate, and political subdivision of the state.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 819, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.021. Confirmation Election

Sec. 326.021.  CONFIRMATION ELECTION.  A district may be created and a sales and use tax may be authorized only if the creation is confirmed and the tax is approved by a majority of the qualified voters of the district voting at an election held for that purpose.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.022. Territory Included in a District

Sec. 326.022.  TERRITORY INCLUDED IN A DISTRICT.  (a)  A district may include any contiguous territory within a single county.
(b)  The district may include incorporated or unincorporated territory.
(c)  If the boundaries of the proposed district include any territory that, on the date on which an election is ordered on the question of creating the district, is part of a municipality that operated a municipal public library, then the governing authority of that municipality must consent by resolution to allow the inclusion of that municipal territory in the proposed district.
(d)  After a district is created, the district may not be expanded to include additional territory unless the commissioners court of the county in which the district is located calls and holds an election for that purpose in the territory to be added to the district.  The commissioners court may not expand the district unless a majority of the voters voting at the expansion election approve the expansion of the district.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 819, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.023. Petition for Creation of District

Sec. 326.023.  PETITION FOR CREATION OF DISTRICT.  (a)  Before a district may be created, the commissioners court of the county in which the proposed district is located must receive a petition signed by at least five percent of the number of voters in the territory of the proposed district who voted in the most recent gubernatorial election.
(b)  The petition must:
(1)  include a name for the proposed district that describes the location of the district followed by the words "Library District";
(2)  describe the boundaries of the proposed district by:
(A)  metes and bounds;
(B)  lot and block number, if there is a recorded map or plat and survey of the area;  or
(C)  other sufficient legal description;
(3)  include the names of five persons who are willing and qualified to serve as the initial board of trustees of the district if elected at the election to create the district;  and
(4)  include the rate of the sales and use tax that would be imposed by the board of the proposed district on approval of the district.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1263, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.024. Payment of Election Costs

Sec. 326.024.  PAYMENT OF ELECTION COSTS.  The commissioners court may not order the creation of the district or a confirmation election until the petitioners deposit with the county clerk an amount of money equal to the cost of conducting the creation election of the proposed district, as computed by the county.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.025. Filing of Petition; Hearing; Ordering Election

Sec. 326.025.  FILING OF PETITION;  HEARING;  ORDERING ELECTION.  (a)  At the next regular or special session of the commissioners court held after the petition is filed with the commissioners court, the commissioners court shall consider the petition.
(b)  The commissioners court shall grant the petition if the court finds that the petition is in proper form and conforms to the requirements of Section 326.023 and that the requirement of Section 326.024 is met.
(c)  If a petition is granted, the commissioners court shall order an election to confirm the district's creation and to authorize the imposition of a sales and use tax.
(d)  The election shall be held on the first authorized uniform election date under Chapter 41, Election Code, that occurs on or after the 45th day after the date the election is ordered.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.026. Election Order

Sec. 326.026.  ELECTION ORDER.  In addition to the elements required to be included by the Election Code, the election order must state:
(1)  the ballot proposition stating the measure to be voted on;
(2)  the hours that the polls will be open;  and
(3)  the location of each polling place.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.027. Notice

Sec. 326.027.  NOTICE.  (a)  The commissioners court shall give notice of the election by publishing a substantial copy of the election order once a week for two consecutive weeks in a newspaper with general circulation in the county in which the proposed district is located.
(b)  The notice must be published not earlier than the 30th day or later than the 10th day before election day.
(c)  In addition to the elements required to be included by the Election Code, the notice of the election must state the names of the five board of trustee candidates.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.028. Ballot Proposition

Sec. 326.028.  BALLOT PROPOSITION.  (a)  The ballot for the election shall be printed to permit voting for or against the proposition:  "The creation of the __________ (name of district) and adoption of a local sales and use tax in the (name of district) at the rate of _______ (rate) percent to provide revenue for the district."
(b)  The ballot shall be printed to permit voting for or against each of the five initial trustees listed in the petition submitted to the commissioners court under Section 326.023.  A blank space must be printed after the name of each candidate, in each of which a voter may write in the name of another person for trustee.
(c)  A voter may not vote for more than five persons for trustee.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.029. Results of Election

Sec. 326.029.  RESULTS OF ELECTION.  (a)  If a majority of the votes received in the election favor the creation of the district and the adoption of the sales and use tax, the commissioners court shall by resolution or order declare that the district is created and shall declare the amount of the local sales and use tax adopted and enter the result in its minutes.
(b)  If a majority of the votes received in the election are against the creation of the district, the commissioners court shall declare the measure defeated and enter the result in its minutes.
(c)  The order canvassing the results of the election must:
(1)  contain a description of the district's boundaries and a map of the district;
(2)  state the date of the election;  and
(3)  state the total number of votes cast for and against the ballot proposition.
(d)  The order issued by a commissioners court canvassing the results of the election must be filed in the deed records of the county in which the district is located.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1467, Sec. 2.08, eff. Oct. 1, 1999;  Acts 2001, 77th Leg., ch. 1263, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter B. Creation of District › Section 326.030. Initial Trustees

Sec. 326.030.  INITIAL TRUSTEES.  (a)  The commissioners court shall declare the five persons receiving the highest number of votes for trustee to be elected as trustees.
(b)  The two trustees elected who received the fewest number of votes shall serve until the next board of trustees election following the confirmation election, and the three trustees who received the highest number of votes shall serve until the second succeeding trustee election after the confirmation election.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.041. Board of Trustees

Sec. 326.041.  BOARD OF TRUSTEES.  A district shall be governed by a board of five trustees.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.042. Registered Voter Requirement

Sec. 326.042.  REGISTERED VOTER REQUIREMENT.  A person may not be elected to the board of trustees unless the person is a resident of the district and a registered voter of the county in which the district is located.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.043. Election of Trustees; Term of Office

Sec. 326.043.  ELECTION OF TRUSTEES;  TERM OF OFFICE.  (a)  Trustees shall serve two-year terms.
(b)  The general election for trustees shall be held annually on an authorized uniform election date under Chapter 41, Election Code.
(c)  Except for the initial members of the board of trustees, a candidate for the office of trustee must file an application for a place on the ballot in accordance with Chapter 144, Election Code, and other applicable provisions of that code.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.0431. Write-in Candidacies

Sec. 326.0431.  WRITE-IN CANDIDACIES.  Write-in votes may be counted only for names appearing on a list of write-in candidates, in the manner that Subchapter C, Chapter 146, Election Code, provides for counting write-in votes for city officers.
Added by Acts 2001, 77th Leg., ch. 61, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.0432. Election of Unopposed Candidate

Sec. 326.0432.  ELECTION OF UNOPPOSED CANDIDATE.  Subchapter C, Chapter 2, Election Code, applies to the election of an unopposed candidate for the office of trustee after the election of the initial members of the board of trustees.
Added by Acts 2001, 77th Leg., ch. 61, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.044. Board Vacancy

Sec. 326.044.  BOARD VACANCY.  A vacancy in the office of a trustee shall be filled by appointment by the remaining trustees.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.045. Officers

Sec. 326.045.  OFFICERS.  After the trustees have assumed office, the trustees shall elect from among the trustees a president, a vice president, a secretary, and any other officers the board considers necessary.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.046. Quorum; Officers' Duties

Sec. 326.046.  QUORUM;  OFFICERS' DUTIES.  (a)  Three trustees constitute a quorum and a concurrence of three is sufficient in any matter relating to the business of the district.
(b)  The president presides at all board meetings and is the chief executive officer of the district.
(c)  The vice president acts as the president if the president is incapacitated or absent from a meeting.
(d)  The secretary acts as the president if both the president and vice president are incapacitated or absent from a meeting.
(e)  The secretary is responsible for ensuring that all the records and books of the district are properly kept.
(f)  The board may appoint the library director or an employee as assistant or deputy secretary to assist the secretary.  The assistant or deputy secretary may certify the authenticity of any record of the district.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.047. Bylaws

Sec. 326.047.  BYLAWS.  The board may adopt bylaws to govern:
(1)  the time, place, and manner of conducting board meetings;
(2)  the powers, duties, and responsibilities of the board's officers and employees;
(3)  the disbursement of money by a check, draft, or warrant;
(4)  the appointment and authority of board committees;
(5)  the keeping of accounts and other records;  and
(6)  any other matter the board considers appropriate.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.048. Meetings and Notice

Sec. 326.048.  MEETINGS AND NOTICE.  (a)  The board may establish regular meetings to conduct district business and may hold special meetings at other times as the business of the district requires.
(b)  The board shall hold its meetings at a designated meeting place.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 10 - Parks and Other Recreational and Cultural Resources › Subtitle B - County Parks and Other Recreational and Cultural Resources › Chapter 326 - Library Districts › Subchapter C. District Administration › Section 326.049. Management of District

Sec. 326.049.  MANAGEMENT OF DISTRICT.  (a)  The board has control over and shall manage the affairs of the district.
(b)  The board shall employ any person, firm, partnership, or corporation the board considers necessary for conducting the affairs of the district.
(c)  The board shall determine the term of office and compensation of any employee and consultant by contract or by resolution of the board.
(d)  The board may remove any employee.
Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.