reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.101. General Powers and Duties

Sec. 3828.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties provided by:
(1)  the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code, except that the district's bonds and other securities are not subject to the jurisdiction or supervision of the commission under Chapter 49, Water Code, or other law;
(2)  the general laws relating to road districts and road utility districts created under Section 52(b), Article III, Texas Constitution, including Chapters 257 and 441, Transportation Code;
(3)  Chapter 372 or 382, Local Government Code, in the same manner as a municipality or a county;
(4)  Chapter 375, Local Government Code; and
(5)  Chapter 505, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.53, eff. April 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.022, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 249 (S.B. 2503), Sec. 4, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.103. General Powers Regarding Contracts

Sec. 3828.103.  GENERAL POWERS REGARDING CONTRACTS.  (a)  The district may:
(1)  enter into a contract with any person to accomplish any district purpose, including a contract for:
(A)  the payment, repayment, or reimbursement of costs incurred by that person on behalf of the district, including all or part of the costs of an improvement project and interest on the reimbursed cost; or
(B)  the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed or existing improvement project; and
(2)  apply for and contract with any person to receive, administer, and perform a duty or obligation of the district under a federal, state, local, or private gift, grant, loan, conveyance, transfer, bequest, or other financial assistance arrangement relating to the investigation, planning, analysis, study, design, acquisition, construction, improvement, completion, implementation, or operation by the district or others of a proposed or existing improvement project.
(b)  A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period the board determines.
(c)  Any person may contract with the district to carry out the purposes of this chapter without further statutory or other authorization.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.104. Rules

Sec. 3828.104.  RULES.  The district may adopt rules:
(1)  to administer or operate the district;
(2)  for the use, enjoyment, availability, protection, security, and maintenance of the district's properties and facilities; or
(3)  to provide for public safety and security in the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.105. Addition or Removal of Territory

Sec. 3828.105.  ADDITION OR REMOVAL OF TERRITORY.  The board may add, delete, or exclude territory in the manner provided by Subchapter J, Chapter 49, Water Code, as limited by Section 54.016, Water Code, except that:
(1)  for purposes of this section, a reference in Subchapter J, Chapter 49, Water Code, or Section 54.016, Water Code, to a tax means an ad valorem tax;
(2)  Section 54.016, Water Code, and Section 42.042, Local Government Code, do not apply to the district's annexation of land restricted primarily to commercial or business use;
(3)  land may not be added or annexed to the district without the consent of the owners of the land; and
(4)  land may not be removed or disannexed from the district at any time during which any bonds or other obligations of the district that are payable, wholly or partly, from ad valorem taxes are outstanding.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.106. Eminent Domain

Sec. 3828.106.  EMINENT DOMAIN.  (a)  The district may exercise the power of eminent domain inside district boundaries for any public purpose.
(b)  The district may exercise the power of eminent domain outside district boundaries only to construct, acquire, operate, repair, or maintain a water supply line or sanitary sewer line.
(c)  The district's power of eminent domain must be exercised in the manner provided by Chapter 21, Property Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.107. Nonprofit Corporation

Sec. 3828.107.  NONPROFIT CORPORATION.  (a)  The board by resolution may authorize the incorporation of a nonprofit corporation to assist and act for the district in implementing an improvement 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 Subchapter D, Chapter 431, Transportation Code; and
(2)  may implement any improvement project and provide any service authorized by this chapter and approved by the board.
(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, for the same term, and on the same conditions as a board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.108. Economic Development

Sec. 3828.108.  ECONOMIC DEVELOPMENT.  The district may create economic development programs and exercise the economic development powers that:
(1)  Chapter 380, Local Government Code, provides to a municipality with a population of more than 100,000; and
(2)  Chapter 1509, Government Code, provides to any municipality.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.109. Terms of Employment; Compensation

Sec. 3828.109.  TERMS OF EMPLOYMENT; COMPENSATION.  The board may employ and establish the terms of employment and compensation of an executive director or general manager and any other district employees the board considers necessary.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.110. Use of Roadway, Park, or Other Public Area of the District

Sec. 3828.110.  USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OF THE DISTRICT.  (a)  The board by rule may regulate the private use of a public roadway, open space, park, sidewalk, or similar public area in the district.  To the extent the district rules conflict with a rule, order, or regulation of Henderson County or the Tarrant Regional Water District, the rule, order, or regulation of the county or Tarrant Regional Water District controls.  A rule may provide for the safe and orderly use of public roadways, open spaces, parks, sidewalks, and similar public areas or facilities.
(b)  The board may require a permit for a parade, demonstration, celebration, entertainment event, or similar nongovernmental activity in or on a public roadway, open space, park, sidewalk, or similar public area or facility.  The board may charge a fee for the permit application or for public safety or security services in an amount the board considers necessary.
(c)  The board may require a permit or franchise agreement with a vendor, concessionaire, exhibitor, or similar private or commercial person or organization for the limited use of the area or facility on terms and on payment of a permit or franchise fee the board may impose.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.111. Zoning by County

Sec. 3828.111.  ZONING BY COUNTY.  (a)  If requested by the district to exercise zoning powers, Henderson County may exercise, solely in the district boundaries, the zoning powers granted to counties in Subchapter E, Chapter 231, Local Government Code, without holding the election required by Section 231.075 of that code.
(b)  If the county exercises zoning powers, the board shall exercise and perform the powers, duties, and functions of a lake planning commission under Section 231.077, Local Government Code.
(c)  This section does not apply to land or facilities owned by the Tarrant Regional Water District.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter C. Powers and Duties › Section 3828.112. Division of District

Sec. 3828.112.  DIVISION OF DISTRICT.  (a)  The district may be divided into two or more new districts only if the district:
(1)  has no outstanding bonded debt; and
(2)  is not imposing ad valorem taxes.
(b)  The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.
(c)  Any new district created by the division of the district may not, at the time the new district is created, contain any land:
(1)  outside Henderson County; or
(2)  in the corporate limits or extraterritorial jurisdiction of a municipality, unless the municipality consents.
(d)  Any new district created by the division of the district has all the powers and duties of the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1002 (S.B. 1993), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.151. General Powers Regarding Financial Matters

Sec. 3828.151.  GENERAL POWERS REGARDING FINANCIAL MATTERS.  The district may:
(1)  impose an ad valorem tax on all taxable property in the district;
(2)  impose an assessment or impact fee in the manner provided for a municipality or county under Chapter 372 or 382, Local Government Code, on all industrial, commercial, and residential property in the district;
(3)  impose and apply the proceeds from a sales and use tax, and a hotel occupancy tax, as authorized by this chapter;
(4)  impose a rate, fee, or charge for the use of an improvement project or the consumption of a product resulting from an improvement project;
(5)  borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations of any kind found by the board to be necessary or appropriate for the district purpose;
(6)  establish, revise, repeal, enforce, collect, and apply the proceeds from a user fee or charge for the enjoyment, sale, rental, or other use of a district facility, service, property, or improvement project;
(7)  provide or secure the payment or repayment of the costs and expenses of the establishment, administration, and operation of the district and the district's costs or share of the costs of an improvement project or district contractual obligation or indebtedness by or through a lease, installment purchase contract, or other agreement with any person, or the imposition of taxes, user fees, concessions, rentals, or other revenues or resources of the district;
(8)  establish user charges related to the operation of various public services, including public water supply services, for the collection and treatment of wastewater, and for the operation of storm-water facilities, including the regulation of storm water for the protection of water quality in the district, and for the provision of septic tank maintenance services inside and outside the district;
(9)  undertake separately or jointly with other persons all or part of the cost of an improvement project, including an improvement project:
(A)  for improving, enhancing, and supporting public safety and security, fire protection and emergency medical services, and law enforcement in and adjacent to the district; or
(B)  that confers a general benefit on the entire district or a special benefit on a definable part of the district; and
(10)  enter into a tax abatement agreement in accordance with the general laws of this state authorizing and applicable to tax abatement agreements by municipalities.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.023, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 249 (S.B. 2503), Sec. 6, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.152. Impact Fees and Assessments; Exemption

Sec. 3828.152.  IMPACT FEES AND ASSESSMENTS; EXEMPTION.  (a)  The district may impose an impact fee or assessment, including an impact fee or assessment on residential property, only in the manner provided by Chapter 372 or 382, Local Government Code, for a municipality, county, or public improvement district, according to the benefit received by the property.
(b)  An impact fee for residential property must be for the limited purpose of providing capital funding for:
(1)  public water and wastewater facilities;
(2)  drainage and storm-water facilities; and
(3)  streets and alleys.
(c)  The district may not impose an impact fee or assessment on the property, including equipment and facilities, of a public utility provider or a cable operator as defined by 47 U.S.C. Section 522, as amended.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.024, eff. September 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.153. Maintenance and Operation Tax; Election

Sec. 3828.153.  MAINTENANCE AND OPERATION TAX; ELECTION.  (a)  The district may impose a tax for maintenance and operation purposes, including for funds for:
(1)  planning, constructing, acquiring, maintaining, repairing, and operating all necessary land, plants, works, facilities, improvements, appliances, and equipment of the district; and
(2)  paying costs of services, engineering and legal fees, and organization and administrative expenses.
(b)  The district may not impose a maintenance and operation tax unless the tax is approved by a majority of the voters voting at an election held for that purpose.  If the tax is approved, the board may have the tax assessed and collected in the same manner as other district ad valorem taxes.
(c)  A maintenance and operation tax election may be held at the same time and in conjunction with any other district election.  The election may be called by a separate election order or as part of any other election order.
(d)  The proposition in a maintenance and operation tax election may be for a specific maximum rate or for an unlimited rate.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.154. Use of Surplus Maintenance and Operation Money

Sec. 3828.154.  USE OF SURPLUS MAINTENANCE AND OPERATION MONEY.  If the district has surplus maintenance and operation tax money that is not needed for the purposes for which it was collected, the money may be used for any authorized purpose.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.155. Bonds and Other Obligations

Sec. 3828.155.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds in the manner provided by Subchapter J, Chapter 375, Local Government Code, except that Sections 375.207 and 375.208 do not apply to bonds issued under this chapter.
(b)  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 and the hotel occupancy tax authorized by this chapter and from any other district revenues.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.156. Taxes for Bonds and Other Obligations

Sec. 3828.156.  TAXES FOR BONDS AND OTHER OBLIGATIONS.  (a)  At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1)  the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and
(2)  the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)  pay the interest on the bonds or other obligations as the interest becomes due;
(B)  create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and
(C)  pay the expenses of imposing the taxes.
(b)  Bonds or other obligations that are secured by and payable from ad valorem taxes may not be issued unless the bonds and the imposition of the taxes are approved by a majority of the voters in the district voting at an election held for that purpose.
(c)  The district shall hold an election required by this section in the manner provided by Subchapter L, Chapter 375, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.157. Inapplicability of Certain Tax Code Provisions

Sec. 3828.157.  INAPPLICABILITY OF CERTAIN TAX CODE PROVISIONS.  Sections 26.04, 26.042, 26.05, 26.07, and 26.075, Tax Code, do not apply to a tax imposed under Section 3828.153 or 3828.156.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 84, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 884 (S.B. 1438), Sec. 3, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.158. Hotel Occupancy Tax

Sec. 3828.158.  HOTEL OCCUPANCY TAX.  (a)  In this section, "hotel" has the meaning assigned by Section 156.001, Tax Code.
(b)  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.
(c)  Except as inconsistent with this section, Subchapter A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized by this section, including the collection of the tax, subject to the limitations prescribed by Sections 352.002(b) and (c), Tax Code.
(d)  The board by order may impose, repeal, 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 the use or possession of a room that:
(1)  is in a hotel located in the district's boundaries;
(2)  costs $2 or more each day; and
(3)  is ordinarily used for sleeping.
(e)  The amount of the tax may not exceed seven percent of the price paid for a room in a hotel.
(f)  The district may examine and receive information related to the imposition of hotel occupancy taxes to the same extent as if the district were a municipality.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter D. General Financial Provisions › Section 3828.159. Use of Hotel Occupancy Tax

Sec. 3828.159.  USE OF HOTEL OCCUPANCY TAX.  (a)  The district may use the proceeds from a hotel occupancy tax imposed under Section 3828.158 for any of the district's purposes and for the purposes described by Section 352.1015, Tax Code, to the extent the board considers appropriate.
(b)  During each interval of three calendar years following the date on which a hotel occupancy tax imposed under Section 3828.158 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:
(A)  conferences, conventions, and exhibitions;
(B)  manufacturer, consumer, or trade shows; and
(C)  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 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.201. Meanings of Words and Phrases

Sec. 3828.201.  MEANINGS OF WORDS AND PHRASES.  Words and phrases used in this subchapter that are defined by Chapters 151 and 321, Tax Code, have the meanings assigned by Chapters 151 and 321, Tax Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.202. Applicability of Certain Tax Code Provisions

Sec. 3828.202.  APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.  (a)  Except as otherwise provided by this subchapter, Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to taxes imposed under this subchapter and to the administration and enforcement of those taxes in the same manner that those laws apply to state taxes.
(b)  The provisions of Subchapters C, D, E, and F, Chapter 323, Tax Code, relating to county sales and use taxes apply to the application, collection, and administration of a sales and use tax imposed under this subchapter to the extent consistent with this chapter, as if references in Chapter 323, Tax Code, to a county referred to the district and references to a commissioners court referred to the board.
(c)  Sections 323.401-323.404 and 323.505, Tax Code, do not apply to a tax imposed under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.203. Authorization; Election

Sec. 3828.203.  AUTHORIZATION; ELECTION.  (a)  The district may adopt, reduce, or repeal the sales and use tax authorized by this subchapter at an election in which a majority of the voters of the district voting in the election approve the adoption, reduction, or repeal of the tax, as applicable.
(b)  The board by order may call an election to adopt, reduce, or repeal a sales and use tax.  The election must be held on the next available uniform election date that occurs at least 45 days after the date the order calling the election was passed.
(c)  The district shall provide notice of the election and shall hold the election in the manner prescribed by Chapter 54, Water Code, for bond elections for municipal utility districts.
(d)  The ballots shall be printed to provide for voting for or against the following appropriate proposition:
(1)  "Adoption of a ___ percent district sales and use tax within the district";
(2)  "Reduction of the district sales and use tax within the district from ___ percent to ___ percent"; or
(3)  "Repeal of the district sales and use tax within the district."
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.204. Effective Date of Tax

Sec. 3828.204.  EFFECTIVE DATE OF TAX.  A tax imposed under this subchapter or the repeal or reduction of a tax under this subchapter takes effect on the first day of the calendar quarter that occurs after the date the comptroller receives the copy of the resolution as required by Section 323.405(b), Tax Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.205. Sales and Use Tax Rate

Sec. 3828.205.  SALES AND USE TAX RATE.  (a)  On adoption of the tax authorized by this subchapter, there is imposed a tax of two percent, or the maximum rate at which the combined tax rate of all local sales and use taxes in any location in the district does not exceed two percent, on the receipts from the sale at retail of taxable items within the district, and an excise tax on the use, storage, or other consumption within the district of taxable items purchased, leased, or rented from a retailer within the district during the period that the tax is in effect.
(b)  The rate of the excise tax is the same as the rate of the sales tax portion of the tax and is applied to the sales price of the taxable item.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.206. Effect of Annexation or Exclusion of Territory

Sec. 3828.206.  EFFECT OF ANNEXATION OR EXCLUSION OF TERRITORY.  (a)  If all or part of the district territory is annexed by a municipality that has adopted and is imposing a sales and use tax, the sales and use tax imposed by the district in the annexed territory shall be reduced, if required, in even multiples of one-eighth percent, and without the necessity of an election, so that the combined rate of all sales and use taxes imposed by Henderson County, the annexing municipality, and all other political subdivisions within the annexed territory of the district will not exceed two percent, except that:
(1)  a sales and use tax previously adopted by the district for the annexed territory may not be reduced to less than one-half percent; and
(2)  a reduction of the district's sales and use tax in the portions of the district that are not annexed is not required.
(b)  Not later than the 10th day after the date of the annexation or exclusion of territory by the district or the annexation of all or part of the territory of the district by a municipality requiring a reduction of the district's sales and use tax as provided by this section, the board shall send to the comptroller, by certified or registered mail, certified copies of all resolutions, orders, or ordinances pertaining to the annexation or exclusion of the territory by a district or municipality.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter E. Sales and Use Tax › Section 3828.207. Examination and Receipt of Information

Sec. 3828.207.  EXAMINATION AND RECEIPT OF INFORMATION.  The district may examine and receive information related to the imposition of a sales and use tax to the same extent as if the district were a municipality.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3828 - Lake View Management and Development District in Henderson County › Subchapter F. Dissolution of District › Section 3828.251. Dissolution

Sec. 3828.251.  DISSOLUTION.  (a)  Except as provided by Subsection (b) and the terms of a joint development and operating agreement, the board:
(1)  may dissolve the district; and
(2)  shall dissolve the district on receipt of a written petition requesting dissolution signed by the owners of 75 percent of the acreage of real property in the district.
(b)  The board may not dissolve the district until the district's outstanding indebtedness or contractual obligations have been repaid or discharged.
(c)  After the board dissolves the district, the board shall transfer ownership of all district property and assets to Henderson County.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.001. Definitions

Sec. 3829.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Sienna Plantation Management District.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.002. Sienna Plantation Management District

Sec. 3829.002.  SIENNA PLANTATION MANAGEMENT DISTRICT.  The Sienna Plantation Management District is a special district created under Section 59, Article XVI, Texas Constitution.  (Acts 78th Leg., R.S., Ch. 987, Sec. 1(a))
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.003. Purpose; Declaration of Intent

Sec. 3829.003.  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 Missouri City, Fort Bend 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 area of the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve Fort Bend County or the City of Missouri City from providing the level of services provided, as of June 20, 2003, to the area in the district.  The district is created to supplement and not to supplant the county or city services provided in the area in the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.004. Findings of Benefit and Public Purpose

Sec. 3829.004.  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 development and diversification of 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, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding to preserve, maintain, and enhance the economic health and vitality of the district as a community and business center; and
(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.
(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, 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 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.005. District Territory

Sec. 3829.005.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, as that territory may have been modified under:
(1)  Subchapter J, Chapter 49, Water Code; or
(2)  other law.
(b)  The boundaries and field notes of the district contained in Section 4, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not in any way affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.006. Eligibility for Inclusion in Special Zones

Sec. 3829.006.  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 by the City of Missouri City under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created by the City of Missouri City under Chapter 312, Tax Code; or
(3)  an enterprise zone created by the City of Missouri City under Chapter 2303, Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.007. Applicability of Other Law

Sec. 3829.007.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter A. General Provisions › Section 3829.008. Liberal Construction of Chapter

Sec. 3829.008.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be construed liberally in conformity with the findings and purposes stated in this chapter.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter B. Board of Directors › Section 3829.051. Composition; Terms

Sec. 3829.051.  COMPOSITION; TERMS.  (a)  Except as provided by Subsection (c), the district is governed by a board of five directors appointed under Section 3829.052.
(b)  Directors serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.
(c)  The board by resolution may increase or decrease the number of directors on the board if the board finds it is in the best interest of the district.  The board may not consist of fewer than 5 or more than 15 directors.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter B. Board of Directors › Section 3829.052. Appointment of Directors

Sec. 3829.052.  APPOINTMENT OF DIRECTORS.  The board shall nominate a slate of persons to serve as directors.  The members of the governing body of the City of Missouri City shall appoint as directors the slate of persons nominated by the board.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter B. Board of Directors › Section 3829.053. Conflicts of Interest; One-Time Affidavit

Sec. 3829.053.  CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.  (a)  Except as provided by this section:
(1)  a director may participate in all board votes and decisions; and
(2)  Chapter 171, Local Government Code, governs conflicts of interest for directors.
(b)  Section 171.004, Local Government Code, does not apply to the district.  A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit declaring the interest.  An additional affidavit is not required if the director's interest changes.  After the affidavit is filed with the board secretary, the director may participate in a discussion or vote on that action if:
(1)  a majority of the directors have a similar interest in the same entity; or
(2)  all other similar business or charitable entities in the district will receive a similar pecuniary benefit.
(c)  A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that public entity.
(d)  For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter B. Board of Directors › Section 3829.054. Compensation

Sec. 3829.054.  COMPENSATION.  (a)  A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code.
(b)  Sections 375.069 and 375.070, Local Government Code, do not apply to the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1070 (H.B. 4727), 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 3829 - Sienna Plantation Management District › Subchapter C. Powers and Duties › Section 3829.101. Additional Powers of District

Sec. 3829.101.  ADDITIONAL POWERS OF DISTRICT.  The district may exercise the powers given to:
(1)  a corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that chapter;
(2)  a housing finance corporation under Chapter 394, Local Government Code, to provide housing or residential development projects in the district; and
(3)  a municipality under Chapter 380, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.54, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter C. Powers and Duties › Section 3829.102. Nonprofit Corporation

Sec. 3829.102.  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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3829 - Sienna Plantation Management District › Subchapter C. Powers and Duties › Section 3829.103. Agreements; Grants

Sec. 3829.103.  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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.