reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.038. Terms of Employment; Compensation

Sec. 3875.038.  TERMS OF EMPLOYMENT;  COMPENSATION.  The board may employ and establish the terms of employment and compensation of a president, vice president, executive director, general manager, and any other operating officer of the district the board considers necessary.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.039. Prohibition on Eminent Domain

Sec. 3875.039.  PROHIBITION ON EMINENT DOMAIN.  The district may not exercise the power of eminent domain.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter B. Powers and Duties › Section 3875.040. Prohibition on Impact Fees and Assessments on Certain Property

Sec. 3875.040.  PROHIBITION ON IMPACT FEES AND ASSESSMENTS ON CERTAIN PROPERTY.  (a)  Because the district is created in an area that is devoted primarily to commercial and business activity, the district may not impose an impact fee or assessment on a single family residential property or a residential duplex, triplex, quadriplex, or condominium.
(b)  The district may not impose an impact fee or assessment on the property, equipment, or facilities of a utility.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.071. Board of Directors

Sec. 3875.071.  BOARD OF DIRECTORS.  Except as provided by this subchapter, the district is governed by a board of five directors elected by the voters of the district at large.  Except as provided by Sections 3875.073(b) and 3875.074, directors serve staggered terms of four years and until their successors have been elected and have qualified.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(21), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.072. Qualifications

Sec. 3875.072.  QUALIFICATIONS.  To be qualified to serve as an elected director, a person must be at least 18 years of age and be:
(1)  a resident of the district;
(2)  an owner of real property in the district;
(3)  an owner of at least 10 percent of the outstanding interest of a corporation or general or limited partnership that owns real property in the district;  or
(4)  an agent, employee, officer, or director of any corporation or partnership that owns real property in the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.073. Initial Board

Sec. 3875.073.  INITIAL BOARD.  (a)  On the effective date of this Act, the initial board of directors is composed of the following persons:
(1)  Position One:  Nanci Wright;
(2)  Position Two:  Gene Slater;  and
(3)  Position Three:  Rohn Boone.
(b)  The initial directors appointed to serve in Positions One and Two shall serve until the first Saturday in May 2002, or until their successors have been elected and been duly qualified.  The initial director appointed to serve in Position Three shall serve until the first Saturday in May 2004, or until the successor has been elected and been duly qualified.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.074. Elected Board

Sec. 3875.074.  ELECTED BOARD.  The board shall call and hold an election on the first Saturday in May 2002 for the election of directors to fill Positions One, Two, Four, and Five.  Before the election, the board shall determine which director, of the directors serving in Positions Four and Five, shall serve a term expiring in May 2004.  The board shall call and hold an election on the first Saturday in May 2004 to elect a director to Position Three and elect a director to Position Four or Five, as determined by the board.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.075. Vacancy

Sec. 3875.075.  VACANCY.  A vacancy in the office of director shall be filled by appointment of a qualified individual by a majority vote of the remaining directors.  The board may remove a director for misconduct or failure to carry out the director's duties by unanimous vote of all of the remaining directors.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.076. Director's Bond

Sec. 3875.076.  DIRECTOR'S BOND.  As soon as practicable after a director is elected or appointed, the elected director shall execute a bond for $10,000 payable to the district and conditioned on the faithful performance of the director's duties.  All of the directors' bonds must be approved by the board.  Each director shall take the oath of office prescribed by the constitution for public office.  The bond and oath shall be filed with the district and the district shall retain the bond and oath in its records.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.077. Officers; Compensation; Quorum

Sec. 3875.077.  OFFICERS;  COMPENSATION;  QUORUM.  (a)  The directors shall elect a chair, a vice chair, a secretary, and any other officers as the board considers necessary.
(b)  A position on the board may not be construed to be a civil office of emolument for any purpose, including those purposes described in Section 40, Article XVI, Texas Constitution.
(c)  A director is not entitled to compensation for service on the board but is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a director.
(d)  Three directors constitute a quorum for the consideration of matters pertaining to the district, and a concurrence of a majority of a quorum of directors shall be required for any official action of the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.078. Common Law Principles

Sec. 3875.078.  COMMON LAW PRINCIPLES.  A person who qualifies to serve on the board is qualified to serve as a director and participate in all votes pertaining to the business of the district regardless of any common-law doctrine or statute regarding conflict-of-interest, incompatibility, or similar matter to the contrary.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.079. Confirmation and Directors Election

Sec. 3875.079.  CONFIRMATION AND DIRECTORS ELECTION.  (a)  As soon as practicable after all initial directors have qualified for office, the initial directors shall hold an organizational meeting and call a confirmation election to be held on the next available uniform election date occurring not less than 45 days after the date of the organizational meeting.
(b)  The confirmation election shall be called and held to confirm the establishment of the district in the manner provided by Subchapter D, Chapter 49, Water Code.  In the event a majority of the votes cast at a confirmation election is against the creation of the district, the board may not call another confirmation election for six months after the date the former confirmation election is held.  Before a successful confirmation election, the district:
(1)  may not borrow money or impose or assess a tax;  and
(2)  may carry on any business as the board may determine except as provided by Subdivision (1).
(c)  An election to authorize or to discontinue the imposition and assessment of taxes may be held in conjunction with a confirmation or director election.
(d)  The district shall hold an election for directors on the first Saturday in May in each even-numbered year in the manner provided by Subchapter D, Chapter 49, Water Code.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter C. Board of Directors › Section 3875.080. Open Records and Meetings

Sec. 3875.080.  OPEN RECORDS AND MEETINGS.  Chapters 551 and 552, Government Code, apply to the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter D. Taxes; Bonds; Contracts › Section 3875.112. Hotel Occupancy Tax

Sec. 3875.112.  HOTEL OCCUPANCY TAX.  (a)  In this section, "hotel" has the meaning assigned by Section 156.001, Tax Code.
(b)  The board by order may impose, repeal, or increase or decrease the rate of a tax on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays for the use or possession or for the right to use or possess a room that is in a hotel located in the boundaries of the district, costs $2 or more each day, and is ordinarily used for sleeping.  The amount of the tax may not exceed seven percent of the price paid for a room in a hotel.
(c)  Subchapter A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized under this section, including the collection of the tax, except as inconsistent with this section and Section 3875.113, subject to the limitations prescribed by Sections 352.002(b) and (c), Tax Code.
(d)  The district may examine and receive information related to the imposition, assessment, and collection of hotel occupancy taxes to the same extent as if the district were a municipality.
(e)  For purposes of this section, a reference in Subchapter A, Chapter 352, Tax Code, to a county is a reference to the district and a reference in Subchapter A, Chapter 352, Tax Code, to the county's officers or governing body is a reference to the board.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(22), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter D. Taxes; Bonds; Contracts › Section 3875.113. Use of Hotel Occupancy Tax

Sec. 3875.113.  USE OF HOTEL OCCUPANCY TAX.  (a)  The district shall apply the proceeds from a hotel occupancy tax imposed under Section 3875.112 for any of the district's purposes and for the purposes described by Section 352.1015, Tax Code, to the extent considered appropriate by the board.
(b)  During each interval of three calendar years following the date on which a hotel occupancy tax imposed under Section 3875.112 is initially collected, the board may not apply an annual average of more than 10 percent of the amount of tax collected under that section, excluding any interest earnings or investment profits and after a deduction for the costs of imposing and collecting the taxes, for the administrative expenses of the district or a district purpose other than:
(1)  the costs of advertising and promoting tourism; or
(2)  the costs of business development and commerce, including the costs of planning, designing, constructing, acquiring, leasing, financing, owning, operating, maintaining, managing, improving, repairing, rehabilitating, or reconstructing improvement projects for conferences, conventions, and exhibitions, manufacturer, consumer, or trade shows, and civic, community, or institutional events.
(c)  For purposes of this section, a reference in Subchapter B, Chapter 352, Tax Code, to a county is a reference to the district and a reference in Subchapter B, Chapter 352, Tax Code, to the county's officers or governing body is a reference to the board.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(23), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter D. Taxes; Bonds; Contracts › Section 3875.114. Bonds

Sec. 3875.114.  BONDS.  (a)  The district may issue bonds in the manner provided by Subchapter J, Chapter 375, Local Government Code.  Sections 375.207 and 375.208, Local Government Code, do not apply to bonds issued under this section.
(b)  If the district issues bonds for the primary purpose of providing water, sewage, or drainage facilities, the district must obtain the commission's approval in the manner provided by Section 49.181, Water Code.
(c)  In addition to the sources of money described by Subchapter J, Chapter 375, Local Government Code, the bonds of the district may be secured and made payable, wholly or partly, by a pledge of any part of the net proceeds the district receives from the sales and use tax authorized by Section 3875.111 and the hotel occupancy tax authorized by Section 3875.112.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(24), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter D. Taxes; Bonds; Contracts › Section 3875.115. Contracts With District

Sec. 3875.115.  CONTRACTS WITH DISTRICT.  (a)  A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period of time as the board may determine.
(b)  Notwithstanding any other law or charter provision, a state agency, municipality, county, other political subdivision, corporation, individual, or other entity may contract with the district to carry out the purposes of this chapter without any further authorization.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter E. Dissolution › Section 3875.131. Dissolution

Sec. 3875.131.  DISSOLUTION.  The board by majority vote may dissolve the district at any time.  The board shall dissolve the district on written petition of the owners of 75 percent of the acreage of real property in the district.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter E. Dissolution › Section 3875.132. Indebtedness and Contractual Obligations

Sec. 3875.132.  INDEBTEDNESS AND CONTRACTUAL OBLIGATIONS.  The board may not dissolve the district until the district's outstanding indebtedness or contractual obligations have been repaid or discharged.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3875 - Smith County Economic Development District › Subchapter E. Dissolution › Section 3875.133. Transfer of Property and Assets

Sec. 3875.133.  TRANSFER OF PROPERTY AND ASSETS.  After the board elects to dissolve the district, the board shall transfer ownership of all property and assets of the district to Smith County.
Added by Acts 2001, 77th Leg., Ch. 1204 (H.B. 3647), Sec. 1, eff. June 15, 2001.
Transferred and redesignated from Local Government Code, Chapter 385 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(41), eff. September 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.001. Definitions

Sec. 3876.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Alden Lake Management District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.002. Nature of District

Sec. 3876.002.  NATURE OF DISTRICT.  The Alden Lake Management District is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.003. Purpose; Declaration of Intent

Sec. 3876.003.  PURPOSE; DECLARATION OF INTENT.  (a)  The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.  By creating the district and in authorizing the City of Lake Jackson, Brazoria County, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve the City of Lake Jackson and Brazoria County from providing the level of services provided, as of the effective date of the Act creating this chapter, to the area in the district.  The district is created to supplement and not to supplant the city or county services provided in the area in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.004. Findings of Benefit and Public Purpose

Sec. 3876.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The creation of the district is in the public interest and is essential to:
(1)  further the public purposes of developing and diversifying the economy of the state;
(2)  eliminate unemployment and underemployment; and
(3)  develop or expand transportation and commerce.
(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, roads, 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 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.005. Initial District Territory

Sec. 3876.005.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundary description contained in Section 2 of the Act creating this chapter forms a closure.  A mistake in the boundary description does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on the bond;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.006. Eligibility for Inclusion in Special Zones

Sec. 3876.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  All or any part of the area of the district is eligible to be included in:
(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code; or
(3)  an enterprise zone created under Chapter 2303, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.007. Applicability of Municipal Management Districts Law

Sec. 3876.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter A. General Provisions › Section 3876.008. Liberal Construction of Chapter

Sec. 3876.008.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter B. Board of Directors › Section 3876.051. Governing Body; Terms

Sec. 3876.051.  GOVERNING BODY; TERMS.  The district is governed by a board of five voting directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter B. Board of Directors › Section 3876.052. Appointment of Directors

Sec. 3876.052.  APPOINTMENT OF DIRECTORS.  (a)  The governing body of the City of Lake Jackson shall appoint directors.  A person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person.
(b)  The governing body of the City of Lake Jackson shall appoint:
(1)  three directors from a list of persons nominated by the board; and
(2)  two directors chosen by the governing body.
(c)  Section 375.063, Local Government Code, does not apply to directors appointed under Subsection (b)(2).
(d)  If a person owns 25 percent or more of the surface area of land in the district, the board shall request that the person provide to the board a list of individuals for the board to nominate under this section.  If the person does not provide a list of individuals to the board before the 31st day after the date the board requests the list or if no person owns 25 percent or more of the surface area of land in the district, the board is not required to obtain a list and may nominate any eligible individual for appointment to the board.  If more than one person owns 25 percent or more of the surface area of land included in the district, only the person who owns the greatest amount of land included in the district is entitled to have the board request a list under this subsection.
(e)  If a person who owns 25 percent or more of the surface area of land in the district provides a list of individuals under Subsection (d), at least a majority of the board must be composed of individuals from a list or lists provided by that person.
(f)  The City of Lake Jackson for any reason may remove a director appointed under Subsection (b)(2) and appoint a person to serve the remainder of the unexpired term.
(g)  The board may appoint a person to fill a vacancy in the office of a director appointed under Subsection (b)(1) for the remainder of the unexpired term.
(h)  The City of Lake Jackson may appoint a person to fill a vacancy in the office of a director appointed under Subsection (b)(2) for the remainder of the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter B. Board of Directors › Section 3876.054. Nonvoting Directors

Sec. 3876.054.  NONVOTING DIRECTORS.  The board may appoint nonvoting directors to serve at the pleasure of the voting directors.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter B. Board of Directors › Section 3876.055. Quorum

Sec. 3876.055.  QUORUM.  For purposes of determining the requirements for a quorum of the board, the following are not counted:
(1)  a board position vacant for any reason, including death, resignation, or disqualification;
(2)  a director who is abstaining from participation in a vote because of a conflict of interest; or
(3)  a nonvoting director.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter B. Board of Directors › Section 3876.056. Compensation

Sec. 3876.056.  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 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.101. Development Corporation Powers

Sec. 3876.101.  DEVELOPMENT CORPORATION POWERS.  The district may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project described by that chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.102. Nonprofit Corporation

Sec. 3876.102.  NONPROFIT CORPORATION.  (a)  The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b)  The nonprofit corporation:
(1)  has each power of and is considered for purposes of this chapter to be a local government corporation created under Chapter 431, Transportation Code; and
(2)  may implement any project and provide any service authorized by this chapter.
(c)  The board shall appoint the board of directors of the nonprofit corporation.  The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Chapter 431, Transportation Code, except that a board member is not required to reside in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.103. Agreements; Grants

Sec. 3876.103.  AGREEMENTS; GRANTS.  (a)  The district may make an agreement with or accept a gift, grant, or loan from any person.
(b)  The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
(c)  The board may enter into a contract with the board of directors of a tax increment reinvestment zone created under Chapter 311, Tax Code, and the governing body of the county or municipality that created the zone to manage the zone or implement the project plan and reinvestment zone financing plan.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.104. Authority to Contract for Law Enforcement

Sec. 3876.104.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.  To protect the public interest, the district may contract with a qualified party, including Brazoria County or the City of Lake Jackson, for the provision of law enforcement services in the district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.105. Membership in Charitable Organizations

Sec. 3876.105.  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 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.106. Economic Development Programs

Sec. 3876.106.  ECONOMIC DEVELOPMENT PROGRAMS.  (a)  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.
(b)  For purposes of this section, the district has all of the powers of a municipality under Chapter 380, Local Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.107. No Eminent Domain

Sec. 3876.107.  NO EMINENT DOMAIN.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter C. Powers and Duties › Section 3876.108. Annexation or Exclusion of Land

Sec. 3876.108.  ANNEXATION OR EXCLUSION OF LAND.  (a)  The district may annex land as provided by Subchapter J, Chapter 49, Water Code, only if the City of Lake Jackson by ordinance or resolution consents to the annexation.
(b)  The district may exclude land as provided by Subchapter J, Chapter 49, Water Code.  Section 375.044(b), Local Government Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter D. Parking Facilities › Section 3876.151. Parking Facilities Authorized; Operation by Private Entity

Sec. 3876.151.  PARKING FACILITIES AUTHORIZED; OPERATION BY PRIVATE ENTITY.  (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:
(1)  lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets; and
(2)  equipment, entrances, exits, fencing, and other accessories necessary for safety and convenience in parking vehicles.
(b)  A parking facility of the district may be leased to, or operated for the district by, an entity other than the district.
(c)  The district's parking facilities are a program authorized by the legislature under Section 52-a, Article III, Texas Constitution.
(d)  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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter D. Parking Facilities › Section 3876.152. Rules

Sec. 3876.152.  RULES.  The district may adopt rules covering its public parking system.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter D. Parking Facilities › Section 3876.153. Financing of Parking Facilities

Sec. 3876.153.  FINANCING OF PARKING FACILITIES.  (a)  The district may use any of its resources, including revenue, assessments, taxes, or grant or contract proceeds, to pay the cost of acquiring or operating public parking facilities.
(b)  The district may:
(1)  set, charge, impose, and collect fees, charges, or tolls for the use of the public parking facilities; and
(2)  issue bonds or notes to finance the cost of these facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter E. General Financial Provisions › Section 3876.201. Disbursements and Transfers of Money

Sec. 3876.201.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter E. General Financial Provisions › Section 3876.202. Money Used for Improvements or Services

Sec. 3876.202.  MONEY USED FOR IMPROVEMENTS OR SERVICES.  The district may acquire, construct, finance, operate, or maintain any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter E. General Financial Provisions › Section 3876.203. Petition Required for Financing Services and Improvements With Assessments

Sec. 3876.203.  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:
(1)  the owners of a majority of the assessed value of real property in the district subject to the assessment according to the most recent certified tax appraisal roll for Brazoria County; or
(2)  at least 25 persons who own real property in the district that is subject to assessment, if more than 25 persons own real property in the district subject to assessment as determined by the most recent certified tax appraisal roll for Brazoria County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter E. General Financial Provisions › Section 3876.204. Method of Notice for Hearing

Sec. 3876.204.  METHOD OF NOTICE FOR HEARING.  The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail.  The board shall determine the method of notice.
Added by Acts 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3876 - Alden Lake Management District › Subchapter E. General Financial Provisions › Section 3876.205. Assessments; Liens for Assessments

Sec. 3876.205.  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.  Section 375.114, Local Government Code, does not apply to 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 2009, 81st Leg., R.S., Ch. 1083 (H.B. 4775), Sec. 1, eff. June 19, 2009.