reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter E. Taxes and Bonds › Section 3975.0502. Operation and Maintenance Tax

Sec. 3975.0502.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized by a majority of the district voters voting at an election under Section 3975.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(b)  The board shall determine the operation and maintenance tax rate.  The rate may not exceed the rate approved at the election.
(c)  Section 49.107(h), Water Code, does not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter E. Taxes and Bonds › Section 3975.0503. Authority to Borrow Money and to Issue Bonds and Other Obligations

Sec. 3975.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  The district may borrow money on terms determined by the board.
(b)  The district, by competitive bid or negotiated sale, may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
(c)  The limitation on the outstanding principal amount of bonds, notes, or other obligations provided by Section 49.4645, Water Code, does not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter E. Taxes and Bonds › Section 3975.0504. Bonds Secured by Revenue or Contract Payments

Sec. 3975.0504.  BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS.  The district may issue, without an election, bonds secured by:
(1)  revenue other than ad valorem taxes, including contract revenues; or
(2)  contract payments, provided that the requirements of Section 49.108, Water Code, have been met.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter E. Taxes and Bonds › Section 3975.0505. Bonds Secured by Ad Valorem Taxes; Elections

Sec. 3975.0505.  BONDS SECURED BY AD VALOREM TAXES; ELECTIONS.  (a)  If authorized at an election under Section 3975.0501, the district may issue bonds payable from ad valorem taxes.
(b)  Section 375.243, Local Government Code, does not apply to the district.
(c)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
(d)  All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter E. Taxes and Bonds › Section 3975.0506. Consent of Municipality Required

Sec. 3975.0506.  CONSENT OF MUNICIPALITY REQUIRED.  (a)  The board may not issue bonds until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
(b)  This section applies only to the district's first issuance of bonds payable from ad valorem taxes.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0601. Applicability of Certain Tax Code Provisions

Sec. 3975.0601.  APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.  (a)  Chapter 321, Tax Code, governs the imposition, computation, administration, enforcement, and collection of the sales and use tax authorized by this subchapter except to the extent Chapter 321, Tax Code, is inconsistent with this chapter.
(b)  A reference in Chapter 321, Tax Code, to a municipality or the governing body of a municipality is a reference to the district or the board, respectively.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0602. Election; Adoption of Tax

Sec. 3975.0602.  ELECTION; ADOPTION OF TAX.  (a)  The district may adopt a sales and use tax if authorized by a majority of the voters of the district voting at an election held for that purpose.
(b)  The board by order may call an election to authorize the adoption of the sales and use tax.  The election may be held on any uniform election date and in conjunction with any other district election.
(c)  The ballot shall be printed to provide for voting for or against the proposition: "Authorization of a sales and use tax in the Richfield Ranch Management District of Harris County, Texas, at a rate not to exceed ____ percent" (insert rate of one or more increments of one-eighth of one percent).
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0603. Sales and Use Tax Rate

Sec. 3975.0603.  SALES AND USE TAX RATE.  (a)  On or after the date the results are declared of an election held under Section 3975.0602, at which the voters approved imposition of the tax authorized by this subchapter, the board shall determine and adopt by resolution or order the initial rate of the tax, which must be in one or more increments of one-eighth of one percent.
(b)  After the election held under Section 3975.0602, the board may increase or decrease the rate of the tax by one or more increments of one-eighth of one percent.
(c)  The initial rate of the tax or any rate resulting from subsequent increases or decreases may not exceed the lesser of:
(1)  the maximum rate authorized by the district voters at the election held under Section 3975.0602; or
(2)  a rate that, when added to the rates of all sales and use taxes imposed by other political subdivisions with territory in the district, would result in the maximum combined rate prescribed by Section 321.101(f), Tax Code, at any location in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0604. Tax After Municipal Annexation

Sec. 3975.0604.  TAX AFTER MUNICIPAL ANNEXATION.  (a)  This section applies to the district after a municipality annexes part of the territory in the district and imposes the municipality's sales and use tax in the annexed territory.
(b)  If at the time of annexation the district has outstanding debt or other obligations payable wholly or partly from district sales and use tax revenue, Section 321.102(g), Tax Code, applies to the district.
(c)  If at the time of annexation the district does not have outstanding debt or other obligations payable wholly or partly from district sales and use tax revenue, the district may:
(1)  exclude the annexed territory from the district, if the district has no outstanding debt or other obligations payable from any source; or
(2)  reduce the sales and use tax in the annexed territory by resolution or order of the board to a rate that, when added to the sales and use tax rate imposed by the municipality in the annexed territory, is equal to the sales and use tax rate imposed by the district in the district territory that was not annexed by the municipality.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0605. Notification of Rate Change

Sec. 3975.0605.  NOTIFICATION OF RATE CHANGE.  The board shall notify the comptroller of any changes made to the tax rate under this subchapter in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0606. Use of Revenue

Sec. 3975.0606.  USE OF REVENUE.  Revenue from the sales and use tax imposed under this subchapter is for the use and benefit of the district and may be used for any district purpose.  The district may pledge all or part of the revenue to the payment of bonds, notes, or other obligations, and that pledge of revenue may be in combination with other revenue, including tax revenue, available to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter F. Sales and Use Tax › Section 3975.0607. Abolition of Tax

Sec. 3975.0607.  ABOLITION OF TAX.  (a)  Except as provided by Subsection (b), the board may abolish the tax imposed under this subchapter without an election.
(b)  The board may not abolish the tax imposed under this subchapter if the district has outstanding debt secured by the tax, and repayment of the debt would be impaired by the abolition of the tax.
(c)  If the board abolishes the tax, the board shall notify the comptroller of that action in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code.
(d)  If the board abolishes the tax or decreases the tax rate to zero, a new election to authorize a sales and use tax must be held under Section 3975.0602 before the district may subsequently impose the tax.
(e)  This section does not apply to a decrease in the sales and use tax authorized under Section 3975.0604(c)(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3975 - Richfield Ranch Management District of Harris County, Texas › Subchapter I. Dissolution › Section 3975.0901. Dissolution

Sec. 3975.0901.  DISSOLUTION.  (a)  The board shall dissolve the district on written petition filed with the board by the owners of:
(1)  66 percent or more of the assessed value of the property subject to assessment by the district based on the most recent certified county property tax rolls; or
(2)  66 percent or more of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls.
(b)  The board by majority vote may dissolve the district at any time.
(c)  The district may not be dissolved by its board under Subsection (a) or (b) if the district:
(1)  has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or
(3)  owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements.
(d)  Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1257 (H.B. 4662), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0101. Definitions

Sec. 3976.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of Kemah, Texas.
(3)  "Commission" means the Texas Commission on Environmental Quality.
(4)  "Director" means a board member.
(5)  "District" means the City of Kemah Municipal Management District No. 1.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0102. Creation and Nature of District

Sec. 3976.0102.  CREATION AND NATURE OF DISTRICT.  The district is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0103. Purpose; Legislative Findings

Sec. 3976.0103.  PURPOSE; LEGISLATIVE FINDINGS.  (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 and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)  This chapter and the creation of the district may not be interpreted to relieve the city from providing the level of services provided to the area in the district as of the effective date of the Act enacting this chapter.  The district is created to supplement and not to supplant the city services provided in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0104. Findings of Benefit and Public Purpose

Sec. 3976.0104.  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 district is created to accomplish the purposes of a municipal management district as provided by general law and Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
(d)  The creation of the district is in the public interest  and is essential to:
(1)  further the public purposes of developing and diversifying the economy of the state;
(2)  eliminate unemployment and underemployment;
(3)  develop or expand transportation and commerce; and
(4)  provide quality residential housing.
(e)  The district will:
(1)  promote the health, safety, and general welfare of  residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; 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.
(f)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(g)  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 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0105. District Territory

Sec. 3976.0105.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under other law.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to contract;
(3)  authority to borrow money or issue bonds or other obligations or to pay the principal and interest of the bonds or other obligations;
(4)  right to impose or collect an assessment, or collect other revenue; or
(5)  legality or operation.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0106. Applicability of Municipal Management Districts Law

Sec. 3976.0106.  APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0107. Construction of Chapter

Sec. 3976.0107.  CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0108. Conflicts of Law

Sec. 3976.0108.  CONFLICTS OF LAW.  This chapter prevails over any provision of Chapter 375, Local Government Code, that is in conflict or inconsistent with this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter A. General Provisions › Section 3976.0109. Consent of Municipality Required

Sec. 3976.0109.  CONSENT OF MUNICIPALITY REQUIRED.  The board may not hold an election to authorize the issuance of bonds until the governing body of the city by ordinance or resolution consents to the creation of the district and to the inclusion of land in the district. The city's consent must be granted in the manner provided by Section 54.016, Water Code, for including land within the corporate limits or extraterritorial jurisdiction of a city.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3976.0201. Governing Body; Terms

Sec. 3976.0201.  GOVERNING BODY; TERMS.  The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.  One director is appointed by the city, and four directors are appointed by the commission as provided by Sections 3976.0202 and 3976.0203, respectively.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3976.0202. Appointment and Removal of Director Appointed by City

Sec. 3976.0202.  APPOINTMENT AND REMOVAL OF DIRECTOR APPOINTED BY CITY.  (a)  The governing body of the city shall appoint one director who must be:
(1)  at least 18 years of age; and
(2)  a resident of the city.
(b)  At any time the governing body of the city may remove the director appointed by the city and appoint a director to serve the remainder of the removed director's term.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3976.0203. Appointment by Commission

Sec. 3976.0203.  APPOINTMENT BY COMMISSION.  (a)  Before the term of a director other than a director appointed under Section 3976.0202 expires, the board shall recommend to the commission the appropriate number of persons to serve as successor directors.  The commission shall appoint as directors the persons recommended by the board.
(b)  A person recommended by the board under Subsection (a) must be:
(1)  at least 18 years of age;
(2)  an owner of property in the district;
(3)  an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district;
(4)  an owner of a beneficial interest in a trust that owns property in the district; or
(5)  an agent, employee, or tenant of a person described by Subdivision (2), (3), or (4).
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3976.0204. Vacancy

Sec. 3976.0204.  VACANCY.  (a)  Except as provided by Subsection (b), if a vacancy occurs on the board, the remaining directors shall appoint a director for the remainder of the unexpired term.
(b)  If a vacancy occurs in the office of the director appointed by the city, the city shall appoint a director for the remainder of the unexpired term.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3976.0207. Compensation; Expenses

Sec. 3976.0207.  COMPENSATION; EXPENSES.  (a)  The district may compensate each director in an amount not to exceed $150 for each board meeting.  The total amount of compensation a director may receive each year may not exceed $7,200.
(b)  A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter B. Board of Directors › Section 3976.0208. Initial Directors

Sec. 3976.0208.  INITIAL DIRECTORS.  (a)  On or after September 1, 2019, the owner or owners of a majority of the assessed value of the real property in the district according to the most recent certified tax appraisal rolls for the county may submit a petition to the commission requesting that the commission appoint as initial directors the four persons named in the petition.  The commission shall appoint as initial directors the four persons named in the petition.
(b)  The governing body of the city shall appoint one initial director.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 3(2), eff. June 15, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 3(2), eff. June 15, 2021.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 3(2), eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3976.0301. General Powers and Duties

Sec. 3976.0301.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3976.0302. Improvement Projects and Services

Sec. 3976.0302.  IMPROVEMENT PROJECTS AND SERVICES.  The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or private entity to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3976.0303. Location of Improvement Project

Sec. 3976.0303.  LOCATION OF IMPROVEMENT PROJECT.  A district improvement project may be located inside or outside of the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3976.0306. Adding or Removing Territory

Sec. 3976.0306.  ADDING OR REMOVING TERRITORY.  (a)  Subject to Subsection (b), the board may add or remove territory as provided by Subchapter J, Chapter 49, Water Code.
(b)  The district may add territory as described by Subsection (a) only if the governing body of the city by ordinance or resolution consents to the addition.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter C. Powers and Duties › Section 3976.0307. No Eminent Domain Power

Sec. 3976.0307.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3976.0401. Disbursements and Transfers of Money

Sec. 3976.0401.  DISBURSEMENTS AND TRANSFERS OF MONEY.  The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3976.0402. Money Used for Improvements or Services

Sec. 3976.0402.  MONEY USED FOR IMPROVEMENTS OR SERVICES.  The district may acquire, construct, or finance an improvement project or service authorized by this chapter or Chapter 375, Local Government Code, using any money available to the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3976.0403. Method of Notice for Hearing

Sec. 3976.0403.  METHOD OF NOTICE FOR HEARING.  The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail.  The board shall determine the method of notice.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3976.0404. Assessments; Liens for Assessments

Sec. 3976.0404.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.
(b)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district are:
(1)  a first and prior lien against the property assessed;
(2)  superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(c)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid.
(d)  The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
(e)  The district may not impose an assessment on a municipality, county, or other political subdivision.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter D. General Financial Provisions; Assessments › Section 3976.0405. Notice of Assessments

Sec. 3976.0405.  NOTICE OF ASSESSMENTS.  Annually, the board shall file with the secretary of the city written notice that specifies the assessments the district will impose in the district's next fiscal year in sufficient clarity to describe the assessments for the operation and maintenance of the district and the assessments for the payment of debt service of obligations issued or incurred by the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3976.0503. Tax Election Required

Sec. 3976.0503.  TAX ELECTION REQUIRED.  The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax.
Added by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3976.0504. Operation and Maintenance Tax

Sec. 3976.0504.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized by a majority of the district voters voting at an election under Section 3976.0503, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:
(1)  maintain and operate the district;
(2)  construct or acquire improvements; or
(3)  provide a service.
(b)  The board shall determine the operation and maintenance tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3976.0505. Authority to Borrow Money and to Issue Bonds and Other Obligations

Sec. 3976.0505.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  The district may borrow money on terms determined by the board.
(b)  The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.
Added by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3976.0506. Bonds Secured by Revenue or Contract Payments

Sec. 3976.0506.  BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS.  The district may issue, without an election, bonds secured by:
(1)  revenue other than ad valorem taxes, including contract revenues; or
(2)  contract payments, provided that the requirements of Section 49.108, Water Code, have been met.
Added by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter E. Taxes and Bonds › Section 3976.0507. Bonds Secured by Ad Valorem Taxes; Elections

Sec. 3976.0507.  BONDS SECURED BY AD VALOREM TAXES; ELECTIONS.  (a)  If authorized at an election under Section 3976.0503, the district may issue bonds payable from ad valorem taxes.
(b)  Section 375.243, Local Government Code, does not apply to the district.
(c)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
(d)  All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Added by Acts 2021, 87th Leg., R.S., Ch. 768 (H.B. 4659), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter F. Dissolution › Section 3976.0601. Dissolution by City Ordinance

Sec. 3976.0601.  DISSOLUTION BY CITY ORDINANCE.  (a)  The governing body of the city may dissolve the district by ordinance.
(b)  The governing body of the city may not dissolve the district until water, sanitary, sewer, and drainage improvements and roads have been constructed to serve at least 90 percent of the developable territory of the district.
(c)  Until the district is dissolved, the district is responsible for all bonds and other obligations of the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter F. Dissolution › Section 3976.0602. Collection of Assessments and Other Revenue

Sec. 3976.0602.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.  (a)  If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than revenue from ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of the assessments or other revenue.
(b)  The city shall have and exercise all district powers to enforce and collect the assessments or other revenue to pay:
(1)  the bonds or other obligations when due and payable according to their terms; or
(2)  special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter F. Dissolution › Section 3976.0603. Assumption of Assets and Liabilities

Sec. 3976.0603.  ASSUMPTION OF ASSETS AND LIABILITIES.  (a)  After the city dissolves the district, the city assumes, subject to the appropriation and availability of funds, the obligations of the district, including any bonds or other debt payable from assessments or other district revenue.
(b)  If the city dissolves the district, the board shall transfer ownership of all district property to the city.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter G. Special Bond Provisions › Section 3976.0701. Applicability

Sec. 3976.0701.  APPLICABILITY.  This subchapter applies only to bonds payable wholly or partly from revenue derived from assessments on real property in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter G. Special Bond Provisions › Section 3976.0702. Conflict of Laws

Sec. 3976.0702.  CONFLICT OF LAWS.  In the event of a conflict between this subchapter and any other law, this subchapter prevails.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter G. Special Bond Provisions › Section 3976.0703. Written Agreement Regarding Special Appraisals

Sec. 3976.0703.  WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS.  Before the district may issue bonds, the district and any person to whom the board intends that proceeds of the bonds be distributed, including the developer, another owner of land in the district, and any entity acting as a lender to the developer or other landowner for the purpose of a project relating to the district, must enter into a written agreement that:
(1)  waives for the term of the agreement the right to a special appraisal with respect to taxation by the district under Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2)  remains in effect for 30 years and is binding on the parties, on entities related to or affiliated with the parties, and on their successors and assignees.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter G. Special Bond Provisions › Section 3976.0704. Requirements for Advertising Bond Issue

Sec. 3976.0704.  REQUIREMENTS FOR ADVERTISING BOND ISSUE.  The district may not advertise for an issuance of bonds until the completion of at least 25 percent of the projected value of the improvements, including houses and other buildings, that are liable for district assessments and necessary to support the district bonds.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3976 - City of Kemah Municipal Management District No. 1 › Subchapter G. Special Bond Provisions › Section 3976.0705. Requirements for Bond Issue

Sec. 3976.0705.  REQUIREMENTS FOR BOND ISSUE.  The district may not issue bonds until:
(1)  the district submits to the commission:
(A)  an engineer's report describing the project for which the bonds will provide funding, including data, profiles, maps, plans, and specifications related to the project; and
(B)  a cash flow analysis to determine the projected rate of assessment, which includes the following assumptions:
(i)  each ending balance for debt service in the analysis is not less than 25 percent of the following year's debt service requirement;
(ii)  interest income is only shown on the ending balance for debt service for the first two years; and
(iii)  the projected rate of assessment is level or decreasing for the life of the bonds issued by the district;
(2)  the completion of at least 75 percent of the projected value of the improvements, including houses and other buildings, that are liable for district assessments and necessary to support the district bonds; and
(3)  the district has obtained an independent market study from a firm recognized in the area of real estate market analysis supporting the development projects for the real property that is liable for district assessments and necessary to support the district bonds.
Added by Acts 2019, 86th Leg., R.S., Ch. 1253 (H.B. 4637), Sec. 1, eff. September 1, 2019.