reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter C. Powers and Duties › Section 3844.101. District Powers

Sec. 3844.101.  DISTRICT POWERS.  The district has:
(1)  all powers necessary to accomplish the purposes for which the district was created;
(2)  the rights, powers, privileges, authority, and functions of a district created under Chapter 375, Local Government Code;
(3)  the powers, duties, and contracting authority specified by Subchapters H and I, Chapter 49, Water Code;
(4)  the powers given to a corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, and maintain the projects described by that chapter; and
(5)  the powers of a housing finance corporation created under Chapter 394, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.64, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter C. Powers and Duties › Section 3844.102. Nonprofit Corporation

Sec. 3844.102.  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, for the same term as, and on the same conditions as the board of directors of a local government corporation created under Chapter 431, Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter C. Powers and Duties › Section 3844.103. Elections

Sec. 3844.103.  ELECTIONS.  (a)  District elections must be held in the manner provided by Subchapter L, Chapter 375, Local Government Code.
(b)  The board may submit multiple purposes in a single proposition at an election.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter C. Powers and Duties › Section 3844.104. Contract for Law Enforcement and Security Services

Sec. 3844.104.  CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES.  The district may contract with:
(1)  Harris County or the City of Houston for the county or city to provide law enforcement and security services for a fee; and
(2)  a private entity for the private entity to provide supplemental security services.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter C. Powers and Duties › Section 3844.105. Annexation or Exclusion of Territory

Sec. 3844.105.  ANNEXATION OR EXCLUSION OF TERRITORY.  The district may annex or exclude land from the district in the manner provided by Subchapter C, Chapter 375, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter C. Powers and Duties › Section 3844.106. No Eminent Domain Power

Sec. 3844.106.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter D. Public Transit System and Parking Facilities › Section 3844.151. Public Transit System; Petition Required

Sec. 3844.151.  PUBLIC TRANSIT SYSTEM; PETITION REQUIRED.  (a)  The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain a public transit system to serve the area within the boundaries of the district.
(b)  Before the district may act under Subsection (a), a petition must be filed with the district requesting the action with regard to a public transit system.  The petition must be signed by owners of property representing a majority of either the total assessed value or the area of the real property in the district that abuts the right-of-way in which the public transit system is proposed to be located.  The determination of a majority is based on the property owners along the entire right-of-way of the proposed transit project and may not be calculated on a block-by-block basis.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter D. Public Transit System and Parking Facilities › Section 3844.152. Parking Facilities Authorized; Operation by Private Entity; Tax Exemption

Sec. 3844.152.  PARKING FACILITIES AUTHORIZED; OPERATION BY PRIVATE ENTITY; TAX EXEMPTION.  (a)  The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities, including:
(1)  lots, garages, parking terminals, or other structures or accommodations for the parking of motor vehicles; and
(2)  equipment, entrances, exits, fencing, and other accessories necessary for safety and convenience in the parking of vehicles.
(b)  A parking facility of the district must be either leased to or operated on behalf of the district by a private entity or an entity other than the district.  The district's parking facilities are a program authorized by the legislature under Section 52-a, Article III, Texas Constitution, and accomplish a public purpose under that section even if leased or operated by a private entity for a term of years.
(c)  The district's public parking facilities and any lease to a private entity are exempt from the payment of ad valorem taxes and state and local sales and use taxes.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter D. Public Transit System and Parking Facilities › Section 3844.153. Rules

Sec. 3844.153.  RULES.  The district may adopt rules covering its public transit system or its public parking facilities except that a rule relating to or affecting the use of the public right-of-way or a requirement for off-street parking is subject to all applicable municipal charter, code, or ordinance requirements.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter D. Public Transit System and Parking Facilities › Section 3844.154. Financing of Public Transit System or Parking Facilities

Sec. 3844.154.  FINANCING OF PUBLIC TRANSIT SYSTEM OR PARKING FACILITIES.  (a)  The district may use any of its resources, including revenue, assessments, taxes, and grant or contract proceeds, to pay the cost of acquiring and operating a public transit system or public parking facilities.
(b)  The district may set and impose fees, charges, or tolls for the use of the public transit system or the public parking facilities and may issue bonds or notes to finance the cost of these facilities.
(c)  Except as provided by Section 3844.151, if the district pays for or finances the cost of acquiring or operating a public transit system or public parking facilities with resources other than assessments, a petition of property owners or a public hearing is not required.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter D. Public Transit System and Parking Facilities › Section 3844.155. Payment in Lieu of Taxes to Other Taxing Unit

Sec. 3844.155.  PAYMENT IN LIEU OF TAXES TO OTHER TAXING UNIT.  If the district's acquisition of property for a parking facility that is leased to or operated by a private entity results in the removal from a taxing unit's tax rolls of real property otherwise subject to ad valorem taxation, the district shall pay to the taxing unit in which the property is located, on or before January 1 of each year, as a payment in lieu of taxes, an amount equal to the ad valorem taxes that otherwise would have been imposed for the preceding tax year on that real property by the taxing unit, without including the value of any improvements constructed on the property.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.201. Authority to Impose Assessments, Ad Valorem Taxes, and Impact Fees

Sec. 3844.201.  AUTHORITY TO IMPOSE ASSESSMENTS, AD VALOREM TAXES, AND IMPACT FEES.  The district may impose, assess, charge, or collect an assessment, an ad valorem tax, an impact fee, or another fee in accordance with Chapter 49, Water Code, for a purpose specified by Chapter 375, Local Government Code, or as needed to exercise a power or function or to accomplish a purpose or duty for which the district was created.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.202. Maintenance Tax

Sec. 3844.202.  MAINTENANCE TAX.  (a)  If authorized at an election held in accordance with Section 3844.103, the district may impose an annual ad valorem tax on taxable property in the district to maintain, restore, replace, or operate the district and improvements that the district constructs or acquires or the district's facilities, works, or services.
(b)  The board shall determine the tax rate.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.203. Assessment in Part of District

Sec. 3844.203.  ASSESSMENT IN PART OF DISTRICT.  An assessment may be imposed on only a part of the district if only that part will benefit from the service or improvement.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.204. Petition Required for Assessment and for Financing Services and Improvements

Sec. 3844.204.  PETITION REQUIRED FOR ASSESSMENT AND FOR FINANCING SERVICES AND IMPROVEMENTS.  (a)  The board may not impose an assessment or finance a service or improvement project under this chapter unless a written petition requesting the improvement or service has been filed with the board.
(b)  The petition must be signed by:
(1)  the owners of a majority of the assessed value of real property in the district or in the area of the district that will be subject to the assessment as determined by the most recent certified tax appraisal roll for Harris County; or
(2)  at least 25 persons who own real property in the district or the area of the district that will be subject to the assessment, if more than 25 persons own real property in the district or area that will be subject to the assessment as determined by the most recent certified tax appraisal roll for Harris County.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.205. Assessments Considered Taxes

Sec. 3844.205.  ASSESSMENTS CONSIDERED TAXES.  For purposes of a title insurance policy issued under Chapter 9, Insurance Code, an assessment is a tax.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.206. Liens for Assessments; Suits to Recover Assessments

Sec. 3844.206.  LIENS FOR ASSESSMENTS; SUITS TO RECOVER ASSESSMENTS.  (a)  An assessment imposed on property under this chapter is a personal obligation of the person who owns the property on January 1 of the year for which the assessment is imposed.  If the person transfers title to the property, the person is not relieved of the obligation.
(b)  On January 1 of the year for which an assessment is imposed on a property, a lien attaches to the property to secure the payment of the assessment and any interest accrued on the assessment.  The lien has the same priority as a lien for district taxes.
(c)  Not later than the fourth anniversary of the date on which a delinquent assessment became due, the district may file suit to foreclose the lien or to enforce the obligation for the assessment, or both, and for any interest accrued.
(d)  In addition to recovering the amount of the assessment and any accrued interest, the district may recover reasonable costs, including attorney's fees, that the district incurs in foreclosing the lien or enforcing the obligation.  The costs may not exceed an amount equal to 20 percent of the assessment and interest.
(e)  If the district does not file a suit in connection with a delinquent assessment on or before the last date on which the district may file suit under Subsection (c), the assessment and any interest accrued is considered paid.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.207. Property of Certain Utilities Exempt From Assessment and Impact Fees

Sec. 3844.207.  PROPERTY OF CERTAIN UTILITIES EXEMPT FROM ASSESSMENT AND IMPACT FEES.  The district may not impose an impact fee or assessment on the property, including equipment or facilities, of:
(1)  an electric utility as defined by Section 31.002, Utilities Code;
(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)  a telecommunications provider as defined by Section 51.002, Utilities Code; or
(4)  a cable operator as defined by 47 U.S.C. Section 522, as amended.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.208. Use of Electrical or Optical Lines

Sec. 3844.208.  USE OF ELECTRICAL OR OPTICAL LINES.  (a)  The district may impose an assessment to pay the cost of:
(1)  burying or removing electrical power lines, telephone lines, cable or fiber optic lines, or any other type of electrical or optical line;
(2)  removing poles and any elevated lines using the poles; and
(3)  reconnecting the lines described by Subdivision (2) to the buildings or other improvements to which the lines were connected.
(b)  The district may acquire, operate, or charge fees for the use of the district conduits for:
(1)  another person's:
(A)  telecommunications network;
(B)  fiber-optic cable; or
(C)  electronic transmission line; or
(2)  any other type of transmission line or supporting facility.
(c)  The district may not require a person to use a district conduit.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter E. Financial Provisions › Section 3844.209. Debt

Sec. 3844.209.  DEBT.  The district may issue bonds, notes, or other debt obligations in accordance with Subchapters I and J, Chapter 375, Local Government Code, for a purpose specified by that chapter or as required to exercise a power or function or to accomplish a purpose or duty for which the district was created.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3844 - Harris County Improvement District No. 7 › Subchapter F. Dissolution › Section 3844.251. Dissolution of District With Outstanding Debt

Sec. 3844.251.  DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.  (a)  The district may be dissolved as provided by Subchapter M, Chapter 375, Local Government Code, except that Section 375.264, Local Government Code, does not apply to the district.
(b)  If the district has debt when it is dissolved, the district shall remain in existence solely for the purpose of discharging its bonds or other obligations according to their terms.
Added by Acts 2005, 79th Leg., Ch. 768 (H.B. 3517), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3845 - Tornillo Management District › Subchapter A. General Provisions › Section 3845.001. Definitions

Sec. 3845.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Tornillo Management District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter A. General Provisions › Section 3845.002. Nature of District

Sec. 3845.002.  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 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter A. General Provisions › Section 3845.003. Findings of Public Purpose and Benefit

Sec. 3845.003.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The district is created to serve a public purpose 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; and
(3)  develop or expand transportation and commerce.
(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 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter A. General Provisions › Section 3845.004. Initial District Territory

Sec. 3845.004.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter B. Board of Directors › Section 3845.051. Governing Body; Terms

Sec. 3845.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of seven voting directors.  Four directors are elected as provided by Section 3845.052 and three directors are appointed as provided by Section 3845.053.
(b)  Elected directors serve staggered terms of four years.
(c)  Appointed directors serve three-year terms and may be appointed for subsequent terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter B. Board of Directors › Section 3845.052. Election of Directors

Sec. 3845.052.  ELECTION OF DIRECTORS.  On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter B. Board of Directors › Section 3845.053. Appointment of Directors

Sec. 3845.053.  APPOINTMENT OF DIRECTORS.  (a)  One director shall be appointed by a majority vote of the board of directors of the El Paso County Tornillo Water Improvement District.
(b)  One director shall be appointed by a majority vote of the Commissioners Court of El Paso County.
(c)  One director shall be appointed by the board from a list of persons submitted by the representative for House District 75.
(d)  Expired.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter B. Board of Directors › Section 3845.054. Qualifications

Sec. 3845.054.  QUALIFICATIONS.  (a)  To be qualified to serve as an appointed director, a person must be at least 18 years old and a state resident.
(b)  To be qualified to serve as an elected director, a person must meet the qualifications for an appointed director and be an owner of real property subject to taxation in the district or a qualified voter of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter B. Board of Directors › Section 3845.055. Initial Directors

Sec. 3845.055.  INITIAL DIRECTORS.  (a)  On or after the effective date of the Act creating this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as initial directors the four qualified persons named in the petition.  The commission shall appoint as initial directors the four persons named in the petition.
(b)  The initial directors appointed under Subsection (a) shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 3845.052 and which two shall serve until the second regularly scheduled election of directors.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter C. Powers and Duties › Section 3845.101. General Powers and Duties

Sec. 3845.101.  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 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter C. Powers and Duties › Section 3845.102. Municipal Management District Powers and Duties

Sec. 3845.102.  MUNICIPAL MANAGEMENT DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapter 375, Local Government Code, applicable to municipal management districts created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter C. Powers and Duties › Section 3845.103. Eminent Domain

Sec. 3845.103.  EMINENT DOMAIN.  The district may not exercise the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter C. Powers and Duties › Section 3845.104. Water and Wastewater Facilities and Services

Sec. 3845.104.  WATER AND WASTEWATER FACILITIES AND SERVICES.  (a)  The district may not provide wholesale or retail water or wastewater services to any land inside or outside the boundaries of the district or produce water for use on land owned or managed by the district unless authorized by a written resolution of the board of directors of the El Paso County Tornillo Water Improvement District.  A written resolution authorizing the provision or production of water or the water or wastewater services must specify the area authorized to receive the water or wastewater services or for which the district is authorized to produce water.  Notwithstanding any other law, the El Paso County Tornillo Water Improvement District is not required to provide retail water or wastewater services to an area in which the district is authorized to provide water services.
(b)  On written request by the El Paso County Tornillo Water Improvement District, the district shall convey and transfer to the El Paso County Tornillo Water Improvement District all water or wastewater facilities, equipment, and fixtures owned by the district, including water lines, wastewater lines, meters, wells, fire hydrants, storage tanks, lagoons, water and wastewater treatment facilities, and pump and lift stations.
(c)  Water or wastewater facilities, equipment, and fixtures transferred at the request of the El Paso County Tornillo Water Improvement District shall continue to be used to benefit land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter C. Powers and Duties › Section 3845.105. Rail Facilities

Sec. 3845.105.  RAIL FACILITIES.  The district may construct, acquire, improve, maintain, and operate rail facilities and improvements in aid of those facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter C. Powers and Duties › Section 3845.106. Development Corporation Powers

Sec. 3845.106.  DEVELOPMENT CORPORATION POWERS.  The district may exercise the powers given to a corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, and maintain the projects described by that chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.151. Elections Regarding Taxes or Bonds

Sec. 3845.151.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from any source other than ad valorem taxation.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.152. Operation and Maintenance Tax

Sec. 3845.152.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 3845.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.153. Contract Taxes

Sec. 3845.153.  CONTRACT TAXES.  (a)  In accordance with Section 49.108, Water Code, the district may make payments under a contract from taxes other than operation and maintenance taxes after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.154. Taxes for Water, Wastewater, and Drainage Purposes

Sec. 3845.154.  TAXES FOR WATER, WASTEWATER, AND DRAINAGE PURPOSES.  Taxes the district imposes for water, wastewater, and drainage facility construction and maintenance purposes, if any, are for the particular benefit of the area inside the district, do not generally or directly benefit the area inside the El Paso County Tornillo Water Improvement District as a whole, and do not duplicate a tax imposed by the El Paso County Tornillo Water Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.155. Hotel Occupancy Tax

Sec. 3845.155.  HOTEL OCCUPANCY TAX.  (a)  The district may impose a hotel occupancy tax in the manner provided by Section 351.002, Tax Code. A tax imposed under this section may not exceed the  maximum rate provided by Section 351.003(a), Tax Code.
(b)  The district may use revenue from the hotel occupancy tax for any district purpose that is an authorized use of hotel occupancy tax revenue under Chapter 351, Tax Code.
(c)  If any territory of the district is annexed by a municipality or incorporates as a municipality, the district may not impose a hotel occupancy tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.156. Sales and Use Tax

Sec. 3845.156.  SALES AND USE TAX.  (a)  The district may impose a sales and use tax if authorized by a majority of the voters of the district voting at an election held for that purpose.  Revenue from the sales and use tax may be used for any purpose for which ad valorem tax revenue of the district may be used.
(b)  The district may not adopt a sales and use tax at a rate greater than two percent, and the rate of the tax when combined with the rates of all other sales and use taxes imposed in the district may not exceed the total combined sales and use tax rate imposed in the city of El Paso.
(c)  Chapter 321, Tax Code, applies to the imposition, computation, administration, enforcement, and collection of the sales and use tax imposed by this section except to the extent it is inconsistent with this chapter.
(d)  If any territory of the district is annexed by a municipality or incorporates as a municipality, the district may not impose a sales and use tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter D. General Financial Provisions › Section 3845.157. Authority to Tax

Sec. 3845.157.  AUTHORITY TO TAX.  The district may impose taxes only inside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter E. Bonds and Other Obligations › Section 3845.201. Authority to Issue Bonds and Other Obligations

Sec. 3845.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, revenue from economic development agreements under Chapter 381, Local Government Code, or other district money, or any combination of those sources, to pay for an authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter E. Bonds and Other Obligations › Section 3845.202. Taxes for Bonds

Sec. 3845.202.  TAXES FOR BONDS.  (a)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of an ad valorem tax, without limit as to rate or amount, as required by Section 54.601, Water Code.
(b)  The board shall impose the tax annually while all or part of the bonds are outstanding.  Sections 54.601 and 54.602, Water Code, govern the amount and rate of the tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter E. Bonds and Other Obligations › Section 3845.203. Bonds for Road Projects

Sec. 3845.203.  BONDS FOR ROAD PROJECTS.  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3845 - Tornillo Management District › Subchapter E. Bonds and Other Obligations › Section 3845.204. Financial Responsibility of El Paso County Tornillo Water Improvement District

Sec. 3845.204.  FINANCIAL RESPONSIBILITY OF EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT.  (a)  This chapter may not be construed as creating an obligation of the El Paso County Tornillo Water Improvement District for a debt incurred by the district.
(b)  Notwithstanding any other law, the El Paso County Tornillo Water Improvement District may not be held liable for a debt incurred by the district unless the debt is assumed by a resolution of the board of directors of the El Paso County Tornillo Water Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch. 1079 (H.B. 4759), 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 3846 - East Montgomery County Improvement District › Subchapter A. General Provisions › Section 3846.001. Definitions

Sec. 3846.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(1-a)  "Community venue project" or "venue project" means a venue and related infrastructure that is planned, acquired, established, developed, constructed, or renovated under this chapter.
(1-b)  "Development zone" means an economic development zone created by the district under Subchapter F.
(2)  "District" means the East Montgomery County Improvement District.
(3)  "Venue" means:
(A)  an arena, coliseum, stadium, or other type of area or facility:
(i)  that is used or is planned for use for one or more professional or amateur sports events, community events, or other sports events, including rodeos, livestock shows, agricultural expositions, promotional events, and other civic or charitable events;  and
(ii)  for which a fee for admission to the events is charged or is planned to be charged; or
(B)  a convention center facility or related improvement such as a convention center, civic center, civic center building, civic center hotel, auditorium, theater, opera house, music hall, exhibition hall, rehearsal hall, park, zoological park, museum, aquarium, tourist development area along an inland waterway, or plaza.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.03, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.028, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1247 (S.B. 2453), Sec. 1(b), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 717 (H.B. 737), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3846 - East Montgomery County Improvement District › Subchapter A. General Provisions › Section 3846.002. East Montgomery County Improvement District

Sec. 3846.002.  EAST MONTGOMERY COUNTY IMPROVEMENT DISTRICT.  A special district known as the "East Montgomery County Improvement District" is a governmental agency and political subdivision of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.03, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3846 - East Montgomery County Improvement District › Subchapter A. General Provisions › Section 3846.003. Purpose; Declaration of Intent

Sec. 3846.003.  PURPOSE; DECLARATION OF INTENT.  (a)  The creation of the district is  essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.
(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, economic development, and the public welfare in the eastern area of Montgomery County.
(c)  This chapter does not relieve Montgomery County or a governmental agency, political subdivision, or municipality from providing the level of services provided by the entity as of August 31, 1997, to the area of the district or to release the entity from the obligations each entity has to provide services to that area.  The district is created to supplement and not to supplant the county, governmental agency, political subdivision, or municipal services provided in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.03, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3846 - East Montgomery County Improvement District › Subchapter A. General Provisions › Section 3846.004. Findings of Benefit and Public Purpose

Sec. 3846.004.  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 works, projects, improvements, and services to be provided by the district under powers granted by Section 52, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  Each improvement project authorized by this chapter is essential to carry out a public purpose.
(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; and
(3)  develop or expand transportation and commerce.
(e)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, employees, and consumers in the district and of the public;
(2)  promote and develop public transportation and pedestrian facilities and systems by new and alternative means, including securing expanded and improved transportation and pedestrian facilities and systems;
(3)  provide needed funding for the area in the district to preserve, maintain, and enhance the economic health and vitality of the area as a community and business center; and
(4)  promote the health, safety, welfare, education, convenience, and enjoyment of the public by:
(A)  improving, landscaping, and developing certain areas in and adjacent to the district; and
(B)  providing public services and facilities in and adjacent to the district that are necessary for the restoration, preservation, enhancement, and enjoyment of scenic and aesthetic beauty.
(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 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.03, eff. April 1, 2009.