reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4007 - Jones Avenue Municipal Management District › Subchapter E. Taxes and Bonds › Section 4007.0502. Operation and Maintenance Tax

Sec. 4007.0502.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized by a majority of the district voters voting at an election under Section 4007.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(b)  The board shall determine the operation and maintenance tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2023, 88th Leg., R.S., Ch. 1024 (H.B. 5399), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4007 - Jones Avenue Municipal Management District › Subchapter E. Taxes and Bonds › Section 4007.0503. Authority to Borrow Money and to Issue Bonds and Other Obligations

Sec. 4007.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  The district may borrow money on terms determined by the board.
(b)  The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
(c)  The limitation on the outstanding principal amount of bonds, notes, or other obligations provided by Section 49.4645, Water Code, does not apply to the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 1024 (H.B. 5399), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4007 - Jones Avenue Municipal Management District › Subchapter E. Taxes and Bonds › Section 4007.0504. Bonds Secured by Revenue or Contract Payments

Sec. 4007.0504.  BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS.  The district may issue, without an election, bonds secured by:
(1)  revenue other than ad valorem taxes, including contract revenues; or
(2)  contract payments, provided that the requirements of Section 49.108, Water Code, have been met.
Added by Acts 2023, 88th Leg., R.S., Ch. 1024 (H.B. 5399), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4007 - Jones Avenue Municipal Management District › Subchapter E. Taxes and Bonds › Section 4007.0505. Bonds Secured by Ad Valorem Taxes; Elections

Sec. 4007.0505.  BONDS SECURED BY AD VALOREM TAXES; ELECTIONS.  (a)  If authorized at an election under Section 4007.0501, the district may issue bonds payable from ad valorem taxes.
(b)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
(c)  All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Added by Acts 2023, 88th Leg., R.S., Ch. 1024 (H.B. 5399), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4007 - Jones Avenue Municipal Management District › Subchapter E. Taxes and Bonds › Section 4007.0506. Consent of Municipality Required

Sec. 4007.0506.  CONSENT OF MUNICIPALITY REQUIRED.  (a)  The board may not issue bonds until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
(b)  This section applies only to the district's first issuance of bonds payable from ad valorem taxes.
Added by Acts 2023, 88th Leg., R.S., Ch. 1024 (H.B. 5399), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4007 - Jones Avenue Municipal Management District › Subchapter I. Dissolution › Section 4007.0901. Dissolution

Sec. 4007.0901.  DISSOLUTION.  (a)  The board shall dissolve the district on written petition filed with the board by the owners of a simple majority of the assessed value of the property subject to assessment or taxation by the district based on the most recent certified county property tax rolls.
(b)  The board by majority vote may dissolve the district at any time.
(c)  The district may not be dissolved by its board under Subsection (a) or (b) if the district:
(1)  has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or
(3)  owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements.
(d)  Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 1024 (H.B. 5399), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0101. Definitions

Sec. 4008.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "County" means Webb County.
(3)  "Director" means a board member.
(4)  "District" means the Legacy Municipal Management District, formerly the Legacy Water Control and Improvement District.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0102. Nature of District; Conversion

Sec. 4008.0102.  NATURE OF DISTRICT; CONVERSION.  The Legacy Municipal Management District is a special district created under Section 59, Article XVI, Texas Constitution, as the Legacy Water Control and Improvement District.  The district is converted to a municipal management district known as the Legacy Municipal Management District under the same constitutional authority.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0103. Purpose; Declaration of Intent

Sec. 4008.0103.  PURPOSE; DECLARATION OF INTENT.  (a)  The conversion and operation of the district are essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.  By converting the district to a municipal management district and in authorizing the county and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)  The conversion and operation of the district are necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)  This chapter and the conversion or operation of the district may not be interpreted to relieve the county from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district.  The district is created to supplement and not to supplant county services provided in the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0104. Findings of Benefit and Public Purpose

Sec. 4008.0104.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is converted to a municipal management district to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The conversion and operation of the district is in the public interest and is essential to further the public purposes of:
(1)  developing and diversifying the economy of the state;
(2)  eliminating unemployment and underemployment; and
(3)  developing or expanding transportation and commerce.
(d)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center;
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and
(4)  provide for water, wastewater, drainage, road, and recreational facilities for the district.
(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0105. Initial District Territory

Sec. 4008.0105.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 3 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 3 of the Act enacting this chapter form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0106. Eligibility for Inclusion in Special Zones

Sec. 4008.0106.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code; or
(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0107. Applicability of Municipal Management Districts Law

Sec. 4008.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter A. General Provisions › Section 4008.0108. Construction of Chapter

Sec. 4008.0108.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter B. Board of Directors › Section 4008.0201. Governing Body; Terms

Sec. 4008.0201.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter B. Board of Directors › Section 4008.0202. Recommendations for Succeeding Board

Sec. 4008.0202.  RECOMMENDATIONS FOR SUCCEEDING BOARD.  (a)  The initial and each succeeding board of directors shall, and the owners of a majority of the assessed value of property subject to assessment by the district may, recommend to the governing body of the county persons to serve on the succeeding board.
(b)  After reviewing the recommendations, the governing body shall approve or disapprove the directors recommended under Subsection (a).
(c)  If the governing body is not satisfied with the recommendations submitted under Subsection (a), the board, on the request of the governing body, shall submit to the governing body additional recommendations.
(d)  Board members may serve successive terms.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter B. Board of Directors › Section 4008.0203. Removal of Director

Sec. 4008.0203.  REMOVAL OF DIRECTOR.  The governing body of the county after notice and hearing may remove a director for misconduct or failure to carry out the director's duties on petition by a majority of the remaining directors.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter B. Board of Directors › Section 4008.0204. Quorum

Sec. 4008.0204.  QUORUM.  For purposes of determining the requirements for a quorum of the board, the following are not counted:
(1)  a board position vacant for any reason, including death, resignation, or disqualification; or
(2)  a director who is abstaining from participation in a vote because of a conflict of interest.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter B. Board of Directors › Section 4008.0205. Compensation

Sec. 4008.0205.  COMPENSATION.  A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code.  Sections 375.069 and 375.070, Local Government Code, do not apply to the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
For expiration of this section, see Subsection (c).
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter B. Board of Directors › Section 4008.0206. Initial Directors on Conversion to Management District

Sec. 4008.0206.  INITIAL DIRECTORS ON CONVERSION TO MANAGEMENT DISTRICT.  (a)  On the conversion of the district to a management district the initial board consists of the following directors:
Pos. No.
Name of Director
1.
Richard Jones
2.
Michael Olson
3.
Melissa Johnson
4.
Kathleen Walker
5.
William Baize
(b)  Notwithstanding Section 4008.0201, of the initial directors, the terms of directors appointed for positions one, two, and three expire June 1, 2024, and the terms of directors appointed for positions four and five expire June 1, 2026.
(c)  This section expires September 1, 2026.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0301. General Powers and Duties

Sec. 4008.0301.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0302. Improvement Projects and Services

Sec. 4008.0302.  IMPROVEMENT PROJECTS AND SERVICES.  (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.
(b)  The district may contract with a governmental or private entity to carry out an action under Subsection (a).
(c)  The implementation of a district project or service is a governmental function or service for the purposes of Chapter 791, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0303. Law Enforcement Services

Sec. 4008.0303.  LAW ENFORCEMENT SERVICES.  To protect the public interest, the district may contract with a qualified party, including the county, to provide law enforcement services in the district for a fee.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0304. Membership in Charitable Organizations

Sec. 4008.0304.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0305. Economic Development Programs

Sec. 4008.0305.  ECONOMIC DEVELOPMENT PROGRAMS.  (a)  The district may engage in activities that accomplish the economic development purposes of the district.
(b)  The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)  make loans and grants of public money; and
(2)  provide district personnel and services.
(c)  The district may create economic development programs and exercise the economic development powers provided to municipalities by:
(1)  Chapter 380, Local Government Code; and
(2)  Subchapter A, Chapter 1509, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0306. Parking Facilities

Sec. 4008.0306.  PARKING FACILITIES.  (a)  The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.
(b)  The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
(c)  The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.
(d)  The development and operation of the district's parking facilities may be considered an economic development program.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0307. Adding or Excluding Land

Sec. 4008.0307.  ADDING OR EXCLUDING LAND.  The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0308. Disbursements and Transfers of Money

Sec. 4008.0308.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter C. Powers and Duties › Section 4008.0309. No Eminent Domain Power

Sec. 4008.0309.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter D. Assessments › Section 4008.0401. Petition Required for Financing Services and Improvements With Assessments

Sec. 4008.0401.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS.  (a)  The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)  A petition filed under Subsection (a) must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter D. Assessments › Section 4008.0402. Assessments; Liens for Assessments

Sec. 4008.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.
(b)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)  are a first and prior lien against the property assessed;
(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid.  The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d)  The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter E. Taxes and Bonds › Section 4008.0501. Tax Election Required

Sec. 4008.0501.  TAX ELECTION REQUIRED.  (a)  The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax.
(b)  Section 375.243, Local Government Code, does not apply to the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter E. Taxes and Bonds › Section 4008.0502. Operation and Maintenance Tax

Sec. 4008.0502.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized by a majority of the district voters voting at an election under or in accordance with Section 4008.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by or in accordance with Section 49.107, Water Code, for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(b)  The district may impose an operation and maintenance tax previously approved by a majority of the voters of the former Legacy Water Control and Improvement District.
(c)  The board shall determine the operation and maintenance tax rate.  The rate may not exceed:
(1)  if the district has not held an election under Subsection (a), the rate approved at an election described by Subsection (b); or
(2)  if the district has held an election under Subsection (a), the rate approved at that election.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter E. Taxes and Bonds › Section 4008.0503. Authority to Borrow Money and to Issue Bonds and Other Obligations

Sec. 4008.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  The district may borrow money on terms determined by the board.
(b)  The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter E. Taxes and Bonds › Section 4008.0504. Obligations Secured by Revenue or Contract Payments

Sec. 4008.0504.  OBLIGATIONS SECURED BY REVENUE OR CONTRACT PAYMENTS.  The district may issue, without an election, bonds, notes, and other obligations secured by:
(1)  revenue other than ad valorem taxes, including contract revenues; or
(2)  contract payments, provided that the requirements of Section 49.108, Water Code, have been met.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter E. Taxes and Bonds › Section 4008.0505. Bonds Secured by Ad Valorem Taxes; Elections

Sec. 4008.0505.  BONDS SECURED BY AD VALOREM TAXES; ELECTIONS.  (a)  If authorized at an election under Section 4008.0501, the district may issue bonds payable from ad valorem taxes.
(b)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
(c)  All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter E. Taxes and Bonds › Section 4008.0506. Consent of County Required

Sec. 4008.0506.  CONSENT OF COUNTY REQUIRED.  (a)  The board may not issue bonds until the county has consented by resolution to the conversion of the Legacy Water Control and Improvement District to a municipal management district and to the inclusion of land in the district.
(b)  This section applies only to the district's first issuance of bonds payable from ad valorem taxes.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter I. Dissolution and Municipal Annexation › Section 4008.0901. Dissolution

Sec. 4008.0901.  DISSOLUTION.  (a)  The board shall dissolve the district on written petition filed with the board by the owners of:
(1)  at least two-thirds of the assessed value of the property subject to assessment by the district based on the most recent certified county property tax rolls; or
(2)  at least two-thirds of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls.
(b)  The board by majority vote may dissolve the district at any time.
(c)  The district may not be dissolved by its board under Subsection (a) or (b) if the district:
(1)  has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or
(3)  owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements.
(d)  Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 4008 - Legacy Municipal Management District › Subchapter I. Dissolution and Municipal Annexation › Section 4008.0902. Municipal Annexation

Sec. 4008.0902.  MUNICIPAL ANNEXATION.  The district is a "water or sewer district" under Section 43.071, Local Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 793 (H.B. 5405), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter A. General Provisions › Section 4501.001. Definitions

Sec. 4501.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Texas State Railroad Authority.
(2)  "Board" means the authority's board of directors.
(3)  "Director" means a board member.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter A. General Provisions › Section 4501.002. Creation and Nature of Authority

Sec. 4501.002.  CREATION AND NATURE OF AUTHORITY.  The Texas State Railroad Authority is a special district created under Section 59, Article XVI, Texas Constitution, for the development of parks and recreational facilities.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter A. General Provisions › Section 4501.003. Purposes of Authority

Sec. 4501.003.  PURPOSES OF AUTHORITY.  (a)  The authority is created to:
(1)  purchase, own, hold, lease, and otherwise acquire facilities or other property to operate and maintain the Texas State Railroad;
(2)  continue and improve the operation of the Texas State Railroad as a public recreational, historical, and cultural resource;
(3)  operate concessions, museums, campgrounds, and other facilities associated with the Texas State Railroad; and
(4)  enhance, augment, and improve the historical, educational, and cultural benefits offered by the Texas State Railroad.
(b)  The creation of the authority is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, tourism, recreation, the arts, entertainment, economic development, and public welfare in Anderson and Cherokee Counties.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter A. General Provisions › Section 4501.004. Findings of Benefit and Public Purpose

Sec. 4501.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The authority is created to serve a public use and benefit.
(b)  All residents of this state will benefit from the works and projects provided by the authority.
(c)  The creation of the authority is in the public interest and is essential to:
(1)  further the public purposes of development and diversification of the economy of the state;
(2)  eliminate unemployment and underemployment; and
(3)  develop and expand commerce, tourism, recreation, historical awareness, education, and the arts.
(d)  The authority will:
(1)  promote the health, safety, and general welfare of residents, employers, employees, visitors, and consumers in Anderson and Cherokee Counties;
(2)  preserve, maintain, and enhance the Texas State Railroad; and
(3)  preserve, maintain, and enhance the economic health and vitality of Anderson and Cherokee Counties.
(e)  The authority may not act as the agent or instrumentality of any private interest, even though the authority will incidentally benefit many private interests in addition to the paramount public interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter A. General Provisions › Section 4501.005. General Water District Law Not Applicable

Sec. 4501.005.  GENERAL WATER DISTRICT LAW NOT APPLICABLE.  Chapter 49, Water Code, does not apply to the authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.051. Governing Body; Terms

Sec. 4501.051.  GOVERNING BODY; TERMS.  (a)  The authority is governed by a board of seven voting directors appointed under Section 4501.053, with three directors appointed by the City of Palestine, three directors appointed by the City of Rusk, and one director appointed by the other directors.
(b)  Voting directors serve staggered three-year terms, with:
(1)  as near as possible to one-third of the terms of directors appointed by each city or other political subdivision expiring September 1 of each year; and
(2)  the term of the director appointed by the other directors expiring October 1 of each third year.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.052. Eligibility

Sec. 4501.052.  ELIGIBILITY.  (a)  To be qualified to serve as a director, a person must be at least 21 years of age.
(b)  A voting director may not serve more than three consecutive terms.
(c)  At least two of the three directors appointed by:
(1)  the City of Palestine must reside in Anderson County; and
(2)  the City of Rusk must reside in Cherokee County.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.053. Appointment of Directors

Sec. 4501.053.  APPOINTMENT OF DIRECTORS.  (a)  Not later than August 31 of each year, by majority vote:
(1)  the city council of the City of Palestine shall appoint as a voting director one person proposed by the mayor of Palestine; and
(2)  the city council of the City of Rusk shall appoint as a voting director one person proposed by the mayor of Rusk.
(b)  Not later than September 30 of every third year, by majority vote, the directors appointed under Subsection (a) shall appoint a seventh director.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.054. Nonvoting Directors

Sec. 4501.054.  NONVOTING DIRECTORS.  (a)  The following persons serve as nonvoting directors:
(1)  the mayor of the City of Palestine or a member of the city council of the City of Palestine designated by the mayor; and
(2)  the mayor of the City of Rusk or a member of the city council of the City of Rusk designated by the mayor.
(b)  A nonvoting director is not counted in determining the board quorum.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.055. Vacancies

Sec. 4501.055.  VACANCIES.  A board vacancy is filled in the same manner as the original appointment.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.056. Voting Authority of President

Sec. 4501.056.  VOTING AUTHORITY OF PRESIDENT.  The board president is a voting director but may vote only to break a tie.  All other voting directors are entitled to one vote on any issue before the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter B. Board of Directors › Section 4501.057. Officers

Sec. 4501.057.  OFFICERS.  (a)  Each year, the board shall elect from among the voting directors officers for the authority, including a president, a vice president, a secretary, and a treasurer.
(b)  The president and the vice president may not be directors appointed by the same city.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.101. General Powers

Sec. 4501.101.  GENERAL POWERS.  The authority has the powers necessary to accomplish any authority purpose, including the purposes specified in Section 4501.003.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.102. Contract to Manage or Operate Authority Property

Sec. 4501.102.  CONTRACT TO MANAGE OR OPERATE AUTHORITY PROPERTY.  The authority may contract with any person to manage or operate all or part of authority property.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.1021. Sale of Alcoholic Beverages on Authority Property

Sec. 4501.1021.  SALE OF ALCOHOLIC BEVERAGES ON AUTHORITY PROPERTY.  The authority may contract with a person for the retail sale of alcoholic beverages and a person may sell alcoholic beverages at retail on authority property that is used as a station for passenger rail services if the person holds or obtains the appropriate permit or license authorizing the sale of the alcoholic beverages.
Added by Acts 2019, 86th Leg., R.S., Ch. 230 (H.B. 2196), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.103. Competitive Bidding

Sec. 4501.103.  COMPETITIVE BIDDING.  (a)  Except as provided by Subsection (b), the competitive bidding requirements for a municipality under Chapter 252, Local Government Code, apply to the authority.
(b)  A contract with a private person under Section 4501.102 or 4501.104(2) is exempt from the competitive bidding requirements of Chapter 252, Local Government Code, or any other statute if the contract:
(1)  is entered into before the effective date of the Act creating this chapter;
(2)  is conditioned on the passage of the Act creating this chapter; and
(3)  is assigned by a party to the contract after the effective date of the Act creating this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle D - Parks and Recreation › Chapter 4501 - Texas State Railroad Authority › Subchapter C. Powers and Duties › Section 4501.104. General Property Powers

Sec. 4501.104.  GENERAL PROPERTY POWERS.  The authority may:
(1)  acquire, own, lease, operate, construct, maintain, repair, improve, or extend improvements, equipment, or any other property necessary to accomplish an authority purpose; or
(2)  lease or otherwise convey authority property to private parties for an authority purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 568 (S.B. 1659), Sec. 1, eff. June 16, 2007.