reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter D. Board of Directors › Section 68.161. Meetings

Sec. 68.161.  MEETINGS.  (a)  Except as provided by Subsection (c), the board shall determine the frequency of its meetings and may hold meetings at any time the board determines.
(b)  The board shall conduct its meetings in this state.
(c)  The board shall meet at least once per year in addition to conducting hearings as necessary under Section 68.302.
(d)  The board may combine its annual meeting, or any other meeting, with a hearing held under Section 68.302.
(e)  At each annual meeting and at each hearing required by Section 68.302, the board shall make available to the public the following, except to the extent the board determines that disclosure may jeopardize the safety and security of a facility in the district:
(1)  an accounting of all federal and district money received and spent by the district during the preceding year;
(2)  a summary of all security projects implemented by the district, including a report detailing the effectiveness of the security projects;
(3)  a description of all pending or planned district security projects; and
(4)  an estimate of the money that will be received through any proposed assessments and a description of how the money will be spent.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 4, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter D. Board of Directors › Section 68.162. Removal

Sec. 68.162.  REMOVAL.  The board may remove an appointed director for misconduct or failure to carry out the director's duties on receiving a written petition signed by a majority of the remaining directors.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.201. General Powers of District

Sec. 68.201.  GENERAL POWERS OF DISTRICT.  (a)  A district has all powers necessary or required to accomplish the purposes for which it was created.
(b)  A district may do anything necessary, convenient, or desirable to carry out the powers expressly granted or implied by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.202. Applicability of Municipal Management Districts Law

Sec. 68.202.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.  Except as provided by this chapter, a district has the powers of a district created under Chapter 375, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.203. Rules

Sec. 68.203.  RULES.  The district may adopt rules to govern the operation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.204. Name Change

Sec. 68.204.  NAME CHANGE.  A board by resolution may change a district's name.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.205. Contracts; Generally

Sec. 68.205.  CONTRACTS; GENERALLY.  A district may contract with any person for any district purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.206. Security Projects and Services

Sec. 68.206.  SECURITY PROJECTS AND SERVICES.  (a)  The board shall determine what security projects or security services the district will perform.  A security project may include a project eligible for funding under a port security grant program of the United States Department of Homeland Security.
(b)  A district may own, operate, and maintain a security project or provide a security service as reasonably necessary to carry out a district power under this chapter.
(c)  A district may acquire, construct, complete, develop, own, operate, maintain, and lease a security project or part of a security project or provide a security service inside and outside its boundaries.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.207. Contracts for Security Projects or Services

Sec. 68.207.  CONTRACTS FOR SECURITY PROJECTS OR SERVICES.  (a)  A district may contract with any person to plan, establish, develop, construct, renovate, maintain, repair, replace, or operate a security project or to provide a security service.
(b)  A district may lease to any person a security project or any part of a security project.
(c)  A district may contract with any person for the use or operation of a security project or any part of a security project.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.208. Contracts for Joint Use of Security Project

Sec. 68.208.  CONTRACTS FOR JOINT USE OF SECURITY PROJECT.  A district may contract with any person, public or private, for the joint use of a security project.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.209. Contracts With District by Governmental Entity

Sec. 68.209.  CONTRACTS WITH DISTRICT BY GOVERNMENTAL ENTITY.  This state, a municipality, a county, another political subdivision of this state, or any other person, without further authorization, may contract with the district to accomplish any district purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.210. Property Powers; Generally

Sec. 68.210.  PROPERTY POWERS; GENERALLY.  A district may acquire by grant, purchase, gift, devise, lease, or otherwise, and may hold, use, sell, lease, or dispose of any property, and licenses, patents, rights, and interests necessary, convenient, or useful for the full exercise of any of its powers under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.211. Suits

Sec. 68.211.  SUITS.  A district may sue and be sued.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter E. Powers and Duties › Section 68.212. No Eminent Domain Power

Sec. 68.212.  NO EMINENT DOMAIN POWER.  A district may not exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter F. General Financial Provisions › Section 68.251. Grants; Loans

Sec. 68.251.  GRANTS; LOANS.  A district may apply for and accept a grant or loan from any person, including:
(1)  the United States;
(2)  this state; and
(3)  a political subdivision of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter F. General Financial Provisions › Section 68.252. Payment of Expenses

Sec. 68.252.  PAYMENT OF EXPENSES.  A district may provide for payment of all expenses incurred in its establishment, administration, and operation.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter F. General Financial Provisions › Section 68.253. Taxes Prohibited

Sec. 68.253.  TAXES PROHIBITED.  A district may not impose any tax, including a property tax or a sales and use tax.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter F. General Financial Provisions › Section 68.254. Bonds Prohibited

Sec. 68.254.  BONDS PROHIBITED.  A district may not issue bonds.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter F. General Financial Provisions › Section 68.255. Quarterly Financial Report by Commissioners Court

Sec. 68.255.  QUARTERLY FINANCIAL REPORT BY COMMISSIONERS COURT.  The commissioners court shall provide a quarterly financial report to the board.  The report must comply with generally accepted accounting principles and list all federal money received by the county and all outstanding obligations by the county to fund the district and its functions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 5, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter F. General Financial Provisions › Section 68.256. Quarterly General Accounting by Board

Sec. 68.256.  QUARTERLY GENERAL ACCOUNTING BY BOARD.  The board shall prepare a quarterly accounting of the district's general operating and maintenance costs.  The accounting must comply with generally accepted accounting principles.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 5, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.301. Authority to Impose Assessment; Hearing Required

Sec. 68.301.  AUTHORITY TO IMPOSE ASSESSMENT; HEARING REQUIRED.  (a)  The board may impose one or more assessments against one or more facilities for any district purpose, including for general district purposes or for a specific security project or security service.
(b)  The board may not impose the assessment until the board holds the hearing required by this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 6, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.302. Proposed Assessments

Sec. 68.302.  PROPOSED ASSESSMENTS.  A security project or security service may be financed under this chapter after a hearing notice given as required by this subchapter and a public hearing by the board on the advisability of:
(1)  the security project or security service; and
(2)  the proposed assessments.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.303. Notice of Hearing

Sec. 68.303.  NOTICE OF HEARING.  (a)  Not later than the 30th day before the date of the hearing, the district shall provide notice of the hearing by certified mail, return receipt requested, to each facility owner:
(1)  at the current address of each facility according to the appraisal record maintained by the appraisal district for that facility under Section 25.02, Tax Code; or
(2)  if the appraisal records do not accurately reflect that address or do not show the physical location of a particular facility, at the facility's physical location as reflected by any other information available.
(b)  The notice must include:
(1)  the time and place of the hearing;
(2)  the general nature of the proposed security project or security service;
(3)  the estimated cost of the security project or security service; and
(4)  the proposed method of assessment.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 7, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.304. Conducting Hearing; Findings

Sec. 68.304.  CONDUCTING HEARING; FINDINGS.  (a)  A hearing on a proposed security project or security service, whether conducted by the board or a hearing examiner, may be adjourned from time to time.
(b)  At the conclusion of the hearing, the board by resolution shall make findings relating to:
(1)  the advisability of the security project or security service;
(2)  the nature of the security project or security service;
(3)  the estimated cost;
(4)  the facilities benefited;
(5)  the method of assessment; and
(6)  the method and time for payment of the assessment.
(c)  If a hearing examiner is appointed to conduct the hearing, after conclusion of the hearing, the hearing examiner shall file with the board a report stating the examiner's findings and conclusions for the board's consideration.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.305. Facilities to Be Assessed

Sec. 68.305.  FACILITIES TO BE ASSESSED.  (a)  In accordance with the findings, the board may impose an assessment against all the facilities in the district or any portion of the facilities in the district, and may impose an assessment against fewer facilities than those proposed for assessment in the hearing notice.
(b)  Except as provided by Subsection (c), the facilities to be assessed may not include a facility that is not in the district at the time of the hearing unless there is an additional hearing preceded by the required notice.
(c)  The owner of a facility described by Subsection (b) may waive the right to notice and an assessment hearing and may agree to the imposition and payment of assessments at an agreed rate for the facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.306. Assessment Rate Change

Sec. 68.306.  ASSESSMENT RATE CHANGE.  After notice and a hearing, the board by majority vote may increase or decrease the rate of assessment.  The board must provide notice of the hearing in the manner provided by Section 68.303.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.307. Objections; Levy of Assessment

Sec. 68.307.  OBJECTIONS; LEVY OF ASSESSMENT.  (a)  At a hearing on proposed assessments, at any adjournment of the hearing, or after consideration of the hearing examiner's report, the board shall hear and rule on all objections to each proposed assessment.
(b)  The board by majority vote may amend proposed assessments for any facility.
(c)  After all objections have been heard and action has been taken with regard to those objections, the board by resolution shall impose the assessments on the facilities and shall specify the method of payment of the assessments.  A facility shall pay assessments in one lump sum on the date designated by the board, unless the board allows the assessments to be paid in periodic installments under Subsection (d).
(d)  Periodic installments must be in amounts sufficient to meet annual costs for security projects or security services provided by this chapter and continue for the number of years required to pay for the security projects and security services to be rendered.
(e)  If assessments are imposed for more than one security project or security service, the board may provide that assessments collected for one security project or security service may be used for another security project or security service.
(f)  The board shall establish a procedure for the use or refund of any assessments in excess of those necessary to finance a security project or security service for which those assessments were collected.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 8, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.308. Apportionment of Assessment

Sec. 68.308.  APPORTIONMENT OF ASSESSMENT.  The board shall apportion the cost of a security project or security service to be assessed against a facility based on any reasonable assessment plan that results in imposing fair and equitable shares of the cost.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.309. Assessment Roll

Sec. 68.309.  ASSESSMENT ROLL.  (a)  Once the estimated total cost of a security project or security service is determined, the board shall impose the assessments against each facility against which an assessment may be imposed in the district.  The board may impose an annual assessment that is lower but not higher than the initial assessment.
(b)  The board shall have an assessment roll prepared showing the assessments against each facility and the board's basis for the assessment.  The assessment roll shall be filed with the secretary of the board or other officer who performs the function of secretary and be open for public inspection.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.310. Supplemental Assessments

Sec. 68.310.  SUPPLEMENTAL ASSESSMENTS.  After notice and hearing in the manner required for original assessments, the board may make supplemental assessments to correct omissions or mistakes in the assessment:
(1)  relating to the total cost of the security project or security service; or
(2)  covering delinquencies or costs of collection.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.311. Appeal

Sec. 68.311.  APPEAL.  (a)  Not later than the 30th day after the date that an assessment is adopted, a facility owner may file a notice appealing the assessment to the board.
(b)  The board shall set a date to hear the appeal.
(c)  Failure to file the notice in the time required by this section results in loss of the right to appeal the assessment.
(d)  The board may make a reassessment or new assessment of the facility if the assessment against the facility is:
(1)  set aside by a court;
(2)  found excessive by the board; or
(3)  determined invalid by the board.
(e)  A reassessment or new assessment under Subsection (d)(1) may not violate the court order that set aside the assessment.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.312. Appeal of Resolution

Sec. 68.312.  APPEAL OF RESOLUTION.  (a)  A facility against which an assessment is made by board resolution may appeal the assessment to a district court in the county in the manner provided for the appeal of contested cases under Chapter 2001, Government Code.
(b)  Review by the district court is by trial de novo.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.313. Failure to Pay Assessment; Liens for Assessments

Sec. 68.313.  FAILURE TO PAY ASSESSMENT; LIENS FOR ASSESSMENTS.  (a)  If an assessed facility fails to pay an assessment as provided in a district's assessment plan, the district may impose a lien against the facility assessed.
(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 facility 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 facility 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)  This section applies to a property interest that is a facility listed in Section 68.051(b), including:
(1)  an improvement or fixture; and
(2)  an owned or leased property interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 9, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.314. Delinquent Assessments

Sec. 68.314.  DELINQUENT ASSESSMENTS.  A delinquent assessment incurs interest, penalties, and attorney's fees in the same manner as a delinquent ad valorem tax.  The owner of a facility may pay at any time the entire assessment, with interest, penalties, and attorney's fees that have accrued on the assessment.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter G. Assessments › Section 68.315. Assessment of Governmental Entities and Nonprofits

Sec. 68.315.  ASSESSMENT OF GOVERNMENTAL ENTITIES AND NONPROFITS.  (a)  Except as provided by this section, the district may not impose an assessment on:
(1)  a governmental entity, including a municipality, county, or other political subdivision; or
(2)  an organization exempt from taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code.
(b)  An entity or organization described by Subsection (a) may contract with a district to pay assessments under terms the district and the entity or organization consider advisable.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter H. Dissolution › Section 68.351. Dissolution of District for Failure to Impose an Assessment

Sec. 68.351.  DISSOLUTION OF DISTRICT FOR FAILURE TO IMPOSE AN ASSESSMENT.  A district is dissolved if the district has not imposed an assessment before the fifth anniversary of the date of the order creating the district under Section 68.107.  The county that created the district assumes any district debts or assets.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter H. Dissolution › Section 68.352. Dissolution of District by Board Vote or Owner Petition

Sec. 68.352.  DISSOLUTION OF DISTRICT BY BOARD VOTE OR OWNER PETITION.  (a)  The board by majority vote may dissolve the district at any time.
(b)  A district may be dissolved as provided by Section 375.262, Local Government Code.
(c)  The county that created the district assumes any debts or assets of a dissolved district.
Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.401. Petition by Board to Add Territory and Facilities

Sec. 68.401.  PETITION BY BOARD TO ADD TERRITORY AND FACILITIES.  (a)  A board may petition the commissioners court of the county that created the district to add to the district territory that contains a facility in the county if the board finds that a security project or security service in the district benefits or will benefit the facility.
(b)  The petition must describe:
(1)  the territory to be added;
(2)  the facilities in the territory to be added; and
(3)  the total territory of the district after the addition of the territory.
(c)  The petition must recommend a security zone in which the facility to be added should be included.  The board may recommend modifying one or more security zones as necessary to add the facility.  The board of a district that has four security zones may also recommend adding a fifth security zone as necessary to add the new facility.  The recommendation must also note whether the security zone of any facilities will change if the petition is granted.
(d)  If any part of an assessment imposed by the board is allocable to the facility to be added, the petition must describe the portion, amount, and payment terms of the portion of the assessment that is allocable to the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.402. Hearing and Action on Board's Petition to Add Territory and Facilities

Sec. 68.402.  HEARING AND ACTION ON BOARD'S PETITION TO ADD TERRITORY AND FACILITIES.  The commissioners court:
(1)  shall publish notice and conduct a hearing on the petition under Sections 68.104 and 68.105; and
(2)  may grant the petition if the commissioners court determines that a security project or security service in the district benefits or will benefit the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.403. Petition by Facility Owner to Add Territory and Facilities

Sec. 68.403.  PETITION BY FACILITY OWNER TO ADD TERRITORY AND FACILITIES.  (a)  The owner of a facility in the county may petition the board of a district requesting that the board petition the commissioners court to add to the district territory that contains the facility in the county.  The petition must describe the territory and facility to be added and be signed by each owner of the facility.
(b)  If the board grants the petition, the board shall petition the commissioners court to add the territory and make recommendations to the court under Subsection (d).
(c)  The petition the board submits to the commissioners court must describe:
(1)  the territory to be added;
(2)  the facilities in the territory to be added; and
(3)  the total territory of the district after the addition of the territory.
(d)  The board shall recommend the security zone in which the facility to be added should be included.  The board may recommend modifying one or more security zones as necessary to add the facility.  The board of a district that has four security zones may also recommend adding a fifth security zone as necessary to add the new facility.  The recommendation must also note whether the security zone of any facilities will change if the petition is granted.
(e)  If any part of an assessment imposed by the board is allocable to the facility to be added, the board must include with the petition it forwards to the commissioners court a description of the portion, amount, and payment terms of the portion of the assessment that is allocable to the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.404. Action on Facility Owner's Petition to Add Territory and Facilities

Sec. 68.404.  ACTION ON FACILITY OWNER'S PETITION TO ADD TERRITORY AND FACILITIES.  The commissioners court may grant the petition.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.405. Modification of Order

Sec. 68.405.  MODIFICATION OF ORDER.  A commissioners court that adds territory under this subchapter shall modify the order that created the district under Section 68.107 to:
(1)  modify the territory;
(2)  add the facility;
(3)  describe any security zones created or modified under this section, including the location of any facilities whose zone has changed;
(4)  identify the security zone in which the added facility is located; and
(5)  describe the portion, amount, and terms of payment of an assessment imposed by the board that is allocable to the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.406. Petition by Board to Exclude Territory and Facilities

Sec. 68.406.  PETITION BY BOARD TO EXCLUDE TERRITORY AND FACILITIES.  (a)  On the request of a facility in the district or on its own motion, a board may petition the commissioners court of the county that created the district to exclude territory and included facilities from the district.  The petition must include:
(1)  a finding by the board that excluding the territory is practical, just, and reasonable;
(2)  a description of the territory to be excluded; and
(3)  a description of the total territory of the district after the exclusion of the territory.
(b)  The petition may include recommendations to:
(1)  modify one or more security zones or eliminate a security zone, provided that the district may not have fewer than four security zones; and
(2)  modify assessments that the facility has not paid.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 68 - Ship Channel Security Districts › Subchapter I. Addition and Exclusion of Territory and Facilities › Section 68.407. Hearing and Action on Board's Petition to Exclude Territory and Facilities

Sec. 68.407.  HEARING AND ACTION ON BOARD'S PETITION TO EXCLUDE TERRITORY AND FACILITIES.  (a)  The commissioners court:
(1)  shall publish notice and conduct a hearing on the petition under Sections 68.104 and 68.105; and
(2)  may grant the petition if the commissioners court finds that exclusion of the territory that contains the facility is practical, just, and reasonable.
(b)  A commissioners court that excludes territory under this section shall modify the order that created the district under Section 68.107 to:
(1)  modify the territory;
(2)  exclude the facility;
(3)  describe any security zones modified or eliminated under this section, including the location of any facilities whose zone has changed; and
(4)  modify unpaid assessments, as applicable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter A. General Provisions › Section 152.001. Applicability

Sec. 152.001.  APPLICABILITY.  (a)  This chapter applies only to a river authority that, directly or through a corporation created under Section 152.051, is engaged in the distribution and sale of electric energy to the public.
(b)  This chapter does not apply to any litigation instituted before May 28, 1981, that questions the legality of an act taken or a proceeding conducted by a river authority before that date.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter A. General Provisions › Section 152.002. Application of Other Law

Sec. 152.002.  APPLICATION OF OTHER LAW.  (a)  Unless this chapter expressly provides otherwise, a law that limits, restricts, or imposes an additional requirement on a matter authorized by this chapter does not apply to an action or proceeding under this chapter.
(b)  Chapters 1202 and 1204, Government Code, apply to revenue bonds, notes, or other obligations issued under this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.051. Creation of Nonprofit Corporation

Sec. 152.051.  CREATION OF NONPROFIT CORPORATION.  (a)  The board of directors of a river authority by order may create one or more nonprofit corporations to act on behalf of the river authority as its authority and instrumentality.
(b)  The Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation created under this section.
(c)  Sections 501.052, 501.053, 501.056, 501.057(b) and (c), 501.058, 501.062, 501.063, 501.064, except as that section applies to amending a corporation's bylaws, 501.065, 501.066, 501.068-501.072, 501.401-501.406, and Subchapters G and H, Chapter 501, Local Government Code, apply to a corporation created under this section, except that in those sections:
(1)  a reference to the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) includes this chapter; and
(2)  a reference to a unit includes a river authority to which this chapter applies.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.75, eff. April 1, 2009.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.052. Powers of Nonprofit Corporation

Sec. 152.052.  POWERS OF NONPROFIT CORPORATION.  (a)  A corporation created under Section 152.051 may exercise any power of the creating river authority except a power relating to solid waste management activities or activities as an exempt wholesale generator, but including the authority to acquire, develop, operate, and sell fuel, fuel reserves, and mineral interests.  In this subsection, "exempt wholesale generator" has the meaning assigned by Section 32(a), Public Utility Holding Company Act of 1935 (15 U.S.C. Section 79z-5a(a)).
(b)  When exercising a power under this chapter, a corporation created under Section 152.051 and the board of directors of the corporation have the same powers as the creating river authority and the authority's board, including the power to issue bonds or other obligations or otherwise borrow money on behalf of the river authority to accomplish any purpose of the corporation.
(c)  With regard to the issuance of an obligation, the board of directors of a corporation created under Section 152.051 may exercise the powers granted to the governing body of:
(1)  an issuer under Chapters 1201 and 1371, Government Code;  and
(2)  a public agency under Chapter 1204, Government Code.
(d)  A corporation created under Section 152.051 and the creating river authority may:
(1)  share officers, directors, employees, equipment, and facilities;  and
(2)  provide goods or services to each other at cost without the requirement of competitive bidding.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.053. Board of Directors

Sec. 152.053.  BOARD OF DIRECTORS.  (a)  The board of directors of the river authority shall appoint the directors of a corporation created under Section 152.051.
(b)  A member of the river authority's board of directors may serve as a member of the corporation's board of directors.
(c)  The directors of the corporation serve at the will of the river authority's board of directors.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.054. Supervision by Board of Directors of River Authority

Sec. 152.054.  SUPERVISION BY BOARD OF DIRECTORS OF RIVER AUTHORITY.  (a)  The budget of a corporation created under Section 152.051 must be approved by the board of directors of the river authority.
(b)  The activities of the corporation are subject to the continuing review and supervision of the river authority's board of directors.
(c)  The issuance of bonds or other obligations under this chapter by a corporation created under Section 152.051 must be approved by the board of directors of the river authority.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.055. Liability of Corporate Property for Taxes and Special Assessments

Sec. 152.055.  LIABILITY OF CORPORATE PROPERTY FOR TAXES AND SPECIAL ASSESSMENTS.  The property of a corporation created under Section 152.051 is not exempt from taxes or special assessments imposed by this state or a municipality or other political subdivision of this state.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.056. Transfer of River Authority Assets to Corporation

Sec. 152.056.  TRANSFER OF RIVER AUTHORITY ASSETS TO CORPORATION.  Notwithstanding any other law, the board of directors of a river authority may sell, lease, loan, or otherwise transfer some, all, or substantially all of the electric generation property of the river authority to a corporation created under Section 152.051.  The property transfer must be made under terms approved by the board of directors of the river authority.
Added by Acts 1999, 76th Leg., ch. 1064, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.057. Application of Other Law to River Authority

Sec. 152.057.  APPLICATION OF OTHER LAW TO RIVER AUTHORITY.  Reference in any other law to a river authority that is engaged in the distribution and sale of electric energy to the public includes a river authority that has created a corporation under Section 152.051 that is engaged in the distribution and sale of electric energy to the public.
Added by Acts 1999, 76th Leg., ch. 1064, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter B. Nonprofit Corporation Acting on Behalf of River Authority › Section 152.058. Guarantee and Other Credit Support Relating to Public Securities and Other Obligations

Sec. 152.058.  GUARANTEE AND OTHER CREDIT SUPPORT RELATING TO PUBLIC SECURITIES AND OTHER OBLIGATIONS.  (a)  In this section, "public security" has the meaning assigned by Section 1202.001, Government Code.
(b)  Under Section 52-a, Article III, Texas Constitution, a river authority that has created a corporation under Section 152.051 may guarantee or otherwise provide credit support for any public security or other obligation or contract of that corporation if the board of directors of the river authority determines that the guarantee or other credit agreement:
(1)  is beneficial to a public purpose of the river authority;  and
(2)  is for the public purpose of:
(A)  the development and diversification of the economy of the state;
(B)  the elimination of unemployment or underemployment in the state;  or
(C)  the development or expansion of commerce in the state.
(c)  A determination by the board of directors of a river authority under Subsection (b) is conclusive.
(d)  A guarantee or other credit agreement authorized by Subsection (b) may provide for the guarantee of or other credit support for public securities or other obligations or contracts of the corporation, all or a portion of which may be authorized, executed, and delivered in the future.
(e)  Chapter 1202, Government Code, applies to a guarantee or other credit agreement under this section as if the guarantee or other credit agreement were a public security.
Added by Acts 2001, 77th Leg., ch. 430, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter C. Energy or Water Conservation Programs › Section 152.101. Authority to Participate in Energy or Water Conservation Program

Sec. 152.101.  AUTHORITY TO PARTICIPATE IN ENERGY OR WATER CONSERVATION PROGRAM.  (a)  A river authority may undertake, sponsor, initiate, coordinate, or otherwise participate in a program intended to conserve electric energy or water, including a program that:
(1)  encourages the more efficient use of electric energy or water;
(2)  reduces the total use of electric energy or water;  or
(3)  reduces maximum total electric generating capacity requirements through load management techniques.
(b)  A determination by the board of directors of a river authority that a program described by Subsection (a) is intended and expected to accomplish a purpose described by that subsection is conclusive with respect to whether the program serves the stated purpose.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter C. Energy or Water Conservation Programs › Section 152.102. Participation in Conservation Program by Person Other Than River Authority

Sec. 152.102.  PARTICIPATION IN CONSERVATION PROGRAM BY PERSON OTHER THAN RIVER AUTHORITY.  (a)  A conservation program may involve a grant or loan of money, services, or equipment to a person or entity other than the river authority engaged in the program.
(b)  Any person, including an individual or any public or private entity, may enter into an agreement with a river authority with respect to a conservation program.
(c)  A person participating in or receiving a benefit from a conservation program shall comply with the requirements of the program.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter C. Energy or Water Conservation Programs › Section 152.103. Public Purpose and Governmental Function

Sec. 152.103.  PUBLIC PURPOSE AND GOVERNMENTAL FUNCTION.  Each conservation program is a public purpose and governmental function of a river authority to conserve the natural resources of this state, including the air and the waters of the rivers and streams of this state, electricity, and fuels used in the generation of electricity, in accordance with Section 59(a), Article XVI, Texas Constitution.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter D. Economic Development Programs › Section 152.151. Definition

Sec. 152.151.  DEFINITION.  In this subchapter, "economic development program":
(1)  includes a program designed to:
(A)  encourage economic diversification;
(B)  contribute to the health and development of a community to improve the attractiveness of the community to public and private enterprises;  or
(C)  improve the quality or quantity of services essential for the development of viable communities and economic growth, including services related to education, transportation, public safety, recreation, health care, training, community planning, or employment;  and
(2)  does not include the promotion of retail wheeling of electric power and energy.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 5 - Special Law Districts › Chapter 152 - River Authorities Engaged in Distribution and Sale of Electric Energy › Subchapter D. Economic Development Programs › Section 152.152. Applicability

Sec. 152.152.  APPLICABILITY.  This subchapter applies only to a river authority that generates at least an annual average of 55 million kilowatt hours of electric energy.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999.