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Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3001-southeast-texas-agricultural-development-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE A. AGRICULTURE

CHAPTER 3001. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3001.001. DEFINITIONS. In this chapter:

(1) "Assessment" includes a reassessment or supplemental

assessment.

(2) "Board" means the board of directors of the district.

(3) "Director" means a board member.

(4) "District" means the Southeast Texas Agricultural

Development District.

(5) "Obligation" means an obligation issued by the district

under this chapter, including a bond, certificate, note, or other

evidence of indebtedness.

(6) "Project" means an agricultural project designated under

Section 3001.110.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.002. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT

DISTRICT. (a) The Southeast Texas Agricultural Development

District is created as a special district.

(b) The board by resolution may change the district's name.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.003. PURPOSE AND NATURE OF DISTRICT. (a) The

district is created as a conservation and reclamation district

under Section 59, Article XVI, Texas Constitution, to:

(1) conserve and develop the natural resources of this state,

including certain agricultural resources;

(2) conserve the soil for certain agricultural uses;

(3) reclaim or drain overflowed lands or provide necessary

irrigation for certain natural agricultural resources; and

(4) provide credit, grants, or other things of value to aid

persons as provided by Section 52(a), Article III, Texas

Constitution.

(b) The district exercises public and essential governmental

functions.

(c) The creation of the district is a program essential to

accomplish the purposes of Section 52-a, Article III, Texas

Constitution, and other public purposes stated in this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.004. DISTRICT TERRITORY. (a) The district includes

all of the territory of Chambers County that is east of the

center line of the Trinity River and north of the center line of

the Gulf Intracoastal Waterway, other than property located

inside the municipal boundaries of an incorporated municipality

as of January 1, 1999, as that territory may have been modified

under:

(1) Section 3001.116, or its predecessor statute, former Section

384.052, Local Government Code; or

(2) other law.

(b) The boundaries of the district form a closure. A mistake in

the description of the boundaries or in copying the description

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 or collect an assessment; or

(4) legality or operation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.005. APPLICABILITY OF AND RELATION TO OTHER LAW. (a)

Chapter 49, Water Code, does not apply to the district.

(b) The district's authority under this chapter is not intended

to duplicate the authority granted to the Chambers-Liberty

Counties Navigation District or to limit the authority or

jurisdiction of the navigation district. To the extent the laws

of this chapter conflict with the laws of that navigation

district, the laws of the navigation district control over this

chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3001.051. BOARD OF DIRECTORS. (a) The district is

governed by a board of nine directors.

(b) The board by resolution may increase or decrease the number

of directors on the board if the board determines that to do so

is in the best interest of the district. The board may not have

more than 15 directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.052. QUALIFICATIONS. (a) To serve as a director, a

person must be at least 18 years old and:

(1) reside in the district;

(2) own property in the district; or

(3) be an agent, employee, or tenant of a person who owns

property in the district.

(b) At least five directors must reside in or own property in

Chambers County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.053. TERMS. The county commissioners court shall

appoint the directors to serve staggered four-year terms with as

near as possible to one-half of the directors' terms expiring on

June 1 of each odd-numbered year.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.054. DIRECTOR'S BOND. (a) As soon as practicable

after a director is appointed, the director shall execute a

$10,000 bond payable to the district and conditioned on the

faithful performance of the director's duties.

(b) Each director's bond must be approved by the board.

(c) The bond shall be filed with and retained by the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.055. REMOVAL; VACANCY. (a) The county commissioners

court may remove a director for misconduct or failure to carry

out the director's duties on petition by a majority of the other

directors and after notice and hearing.

(b) If a vacancy occurs on the board, the remaining directors

shall appoint a director for the remainder of the unexpired term.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.056. OFFICERS. (a) The board shall elect from its

directors a president, vice president, and secretary.

(b) The board by rule may provide for the election of other

officers.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.057. MEETINGS. The board shall meet at least once

every three months and at the call of the presiding officer or a

majority of the directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.058. COMPENSATION; REIMBURSEMENT. A director serves

without compensation but shall be reimbursed for a reasonable and

necessary expense incurred in performing an official duty.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.059. CONFLICT OF INTEREST; DISCLOSURE REQUIRED. (a)

Except as provided by this section:

(1) a director may participate in all board votes and decisions;

and

(2) Chapter 171, Local Government Code, governs conflicts of

interest for directors.

(b) Section 171.004, Local Government Code, does not apply to

the district. A director who has a substantial interest in a

business or charitable entity that will receive a pecuniary

benefit from a board action shall file an affidavit with the

board secretary declaring the interest. Another affidavit is not

required if the director's interest changes.

(c) After the affidavit is filed, the director may participate

in a discussion or vote on that action if:

(1) a majority of the directors have similar interests in the

same entity; or

(2) all similar business or charitable entities in the district

will receive a similar pecuniary benefit.

(d) A director who is an officer or employee of a public entity

may not participate in a discussion of or vote on a matter

regarding a contract with the public entity.

(e) For purposes of this section, a director has a substantial

interest in a charitable entity in the same manner that a person

would have a substantial interest in a business entity under

Section 171.002, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3001.101. GENERAL POWERS AND DUTIES. (a) The district has

the powers and duties that are necessary or desirable to carry

out a power or duty expressly or implicitly granted under this

chapter.

(b) The district may perform acts necessary to perform the

purposes of this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.102. LIMITATION ON DISTRICT POWERS. The district may

not exercise a power unless it furthers the purposes of this

chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.103. EXERCISE OF POWERS OUTSIDE DISTRICT. The

district may exercise any of its powers outside the district

territory if the board determines that there is a benefit to the

district in exercising that power.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.104. IMPOSITION OF AD VALOREM TAX PROHIBITED. The

district may not impose an ad valorem tax.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.105. RULEMAKING. The board may adopt rules:

(1) necessary or convenient to carry out district powers and

duties;

(2) to govern its affairs;

(3) to preserve the public health and welfare concerning the

agricultural products submitted to the district for harvesting,

processing, distributing, or transporting; and

(4) to establish a priority on the use of district property and

services, including the payment of fees.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.106. EXECUTIVE DIRECTOR; EMPLOYEES. The board may

employ:

(1) an executive director to manage the district's daily

operations; and

(2) other persons necessary to carry out the district's duties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.107. ECONOMIC DEVELOPMENT. (a) The district may

encourage state economic development as provided by this chapter,

including making a loan or grant of public money for the purposes

of this chapter.

(b) The district may encourage the economic development of the

district by:

(1) fostering the growth of enterprises based on certain types

of agriculture;

(2) stimulating innovation in certain agricultural enterprises;

(3) seeking to eliminate unemployment or underemployment in the

state; and

(4) developing or expanding transportation resources.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.108. AGRICULTURAL DEVELOPMENT. The district may:

(1) promote all agricultural enterprises, facilities, and

services of the district; and

(2) encourage the maintenance and conservation of soil in the

district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.109. SUGAR MILL OR OTHER ENTERPRISE. (a) The

district may design, construct, and operate a sugar mill or other

agricultural enterprise.

(b) The district may acquire property necessary for a sugar mill

or other agricultural enterprise, including vehicles, farm

equipment, other machinery, and related facilities for

harvesting, processing, storing, distributing, and transporting

sugar cane or other agricultural products or by-products.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.110. DESIGNATION OF AGRICULTURAL PROJECTS. (a) The

district may designate as an agricultural project a project that

relates to:

(1) the development of agriculture in the district and

surrounding areas; and

(2) the preservation and conservation of the soil in the

district for agricultural purposes.

(b) A project designated under Subsection (a) is for a public

purpose.

(c) The cost of a project, including interest during

construction and the cost of issuing obligations, may be paid

from any source.

(d) The implementation of a project is a governmental function

or service for purposes of Chapter 791, Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.111. AGRICULTURAL RESEARCH. The district may conduct

or pay for research for agricultural purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.112. TRANSPORTATION. The district may encourage the

transportation and distribution of the district's agricultural

products through the development and operation of transportation

structures necessary to further the purposes of this chapter,

including railroads and private roads.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.113. RELATIONSHIP WITH NAVIGATION DISTRICT. The

district may cooperate and contract with the Chambers-Liberty

Counties Navigation District on any area of mutual interest.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.114. ACQUISITION OR DISPOSITION OF PROPERTY. The

district may acquire or dispose of property in any manner,

including by:

(1) conveyance;

(2) mortgage; or

(3) lease, as lessor or lessee.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.115. EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.116. ANNEXATION AND EXCLUSION OF TERRITORY. (a) The

district may annex land as provided by Section 49.301 or 49.302,

Water Code, except that the references in those sections related

to taxes do not apply. As provided by those sections, the

district may annex land that is not adjacent or contiguous to the

district.

(b) The board may call on its own motion a hearing on the

question of the exclusion of land from the district as provided

by Section 49.304 or 49.307, Water Code, if:

(1) the district does not have outstanding obligations; and

(2) the proposed exclusion is practicable, just, or desirable.

(c) The board shall call a hearing on the exclusion of land or

other property from the district as provided by Section 49.304 or

49.307, Water Code, if a property owner in the district files

with the board secretary a written petition requesting the

hearing before the issuance of an obligation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.117. AGREEMENTS. (a) The district may:

(1) enter into an agreement with any person for any district

purpose, including an agreement:

(A) to operate or maintain an agricultural enterprise under

Sections 3001.108 and 3001.109; or

(B) with a municipality or county to provide law enforcement

service in the district on a fee basis; and

(2) accept a loan from any person.

(b) The district, county, and any other political subdivision,

without further authorization, may contract to implement a

project or assist the district in providing a service authorized

by this chapter. A contract under this subsection may provide:

(1) for payment from a district assessment or other revenue; or

(2) that an assessment or other revenue collected from a

project, or from a person using or purchasing a commodity or

service from a project, may be paid or rebated to the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.118. DONATIONS; GRANTS. The district may accept a

donation or grant from any person.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.119. HEARINGS. (a) The board may conduct hearings

and take evidence on any matter before the board.

(b) The board may appoint a hearings examiner to conduct a

hearing called by the board. The hearings examiner may be a

district employee or director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.120. SUITS. (a) The district may sue and be sued.

(b) In a suit against the district, process may be served on a

director or registered agent.

(c) The district may not be required to give a bond on an appeal

or writ of error in a civil case that the district is prosecuting

or defending.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.121. INDEMNIFICATION. The district may indemnify a

director or district employee or a former director or district

employee for reasonable expenses and costs, including attorney's

fees, incurred by the person in connection with a claim or charge

asserted against the person if:

(1) the claim or charge relates to an act or omission of the

person when acting in the scope of the person's board membership

or district employment; and

(2) the person has not been found liable on the claim or guilty

on the charge.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.122. OFFICIAL SEAL. The district may adopt an

official seal for the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. FINANCES AND OBLIGATIONS

Sec. 3001.151. POWERS AND DUTIES RELATED TO FINANCES. (a) The

district may:

(1) acquire and dispose of money;

(2) impose a charge for using a facility or a service the

district provides;

(3) issue an obligation as provided by this subchapter;

(4) borrow money;

(5) loan money;

(6) invest money under its control in an investment permitted by

Chapter 2256, Government Code;

(7) select a depository;

(8) establish a system of accounts for the district; and

(9) set the fiscal year for the district.

(b) The district shall endeavor to raise revenue sufficient to

pay the district's debts.

(c) The board by rule shall establish the procedure and number

of directors' signatures required to disburse or transfer

district money.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.152. OBLIGATIONS. (a) The district may issue any

type of obligation for any district purpose. An obligation may be

issued under Chapter 1371, Government Code.

(b) When authorizing the issuance of an obligation, the district

may also authorize the later issuance of a parity or subordinate

lien obligation.

(c) A district obligation must:

(1) mature not later than the 40th anniversary of the date of

issuance; and

(2) state on its face that the obligation is not a state

obligation.

(d) A district obligation may be payable from or secured by:

(1) any source of money, including district revenue, loans, or

assessments; or

(2) a lien, pledge, mortgage, or other security interest on

district revenue or property.

(e) The district may use obligation proceeds for any purpose,

including to pay:

(1) into a reserve fund for debt service;

(2) for the repair or replacement of property, including

buildings and equipment;

(3) interest on obligations; or

(4) for the operation of a sugar mill or other agricultural

enterprise.

(f) The district may contract with an obligation holder to

impose an assessment to pay for the operation of a sugar mill or

other agricultural enterprise.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.153. APPROVAL OF ASSESSMENT OBLIGATIONS. An

obligation secured by an assessment may not be issued unless the

district receives a written petition requesting the assessment

and issuance of obligations. The petition must be signed by each

owner of the property proposed for assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER E. ASSESSMENTS

Sec. 3001.201. GENERAL POWERS RELATED TO ASSESSMENTS. (a) The

board may impose an assessment:

(1) for a district expense;

(2) to finance a project or district service; or

(3) for any other purpose authorized by this chapter.

(b) Money derived from an assessment for one purpose may not be

borrowed for use for another purpose for which an assessment is

imposed.

(c) The board shall establish a procedure for the distribution

or use of money derived from an assessment that exceeds the

amount of money necessary to accomplish the purpose for which the

assessment was collected.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.202. AREA TO BE ASSESSED; LIMITATIONS. (a) The board

may impose an assessment only on property included in a petition

for assessment.

(b) The owner of an improvement constructed in the district, or

of land annexed to the district, after the district imposed an

assessment may waive the right to notice and an assessment

hearing and may agree to the imposition of the assessment on the

improvement or land and payment of the assessment at an agreed

rate.

(c) The district may not impose an assessment on the property of

a person that provides gas, electricity, telephone, sewage, or

water service to the public.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.203. HEARING AND PETITION REQUIRED. The board may

impose an assessment only if:

(1) a written petition has been filed with the board that:

(A) requests the assessment;

(B) states the specific purpose of the assessment; and

(C) is signed by each owner of the property to be assessed;

(2) two-thirds of the board votes to impose the assessment;

(3) the board provides notice of a hearing on the proposal under

Section 3001.209; and

(4) the board holds a hearing on the advisability of the

assessment under Section 3001.210.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.204. APPORTIONMENT OF COSTS. (a) The board shall

apportion the cost of an assessment to property according to the

special benefits accruing to the property because of the project

or service to be financed by the assessment. The cost may be

assessed:

(1) equally by front foot or by square foot of land area;

(2) equally by acreage of land;

(3) according to the value of the property as determined by the

board; or

(4) according to any other reasonable assessment plan that

imposes a fair share of the cost on property similarly benefited.

(b) In making the determination under Subsection (a)(3), the

board may consider the value of a structure or improvement on the

property.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.205. ASSESSMENT TO FINANCE PROJECT OR SERVICE. (a)

If the board determines the total cost of an assessment to

finance a project or service, the board shall impose the

assessment against each parcel of land against which an

assessment may be imposed in the district.

(b) The board may impose an annual assessment for a service. The

amount of an annual service assessment may vary from year to

year, but may not be higher than the initial assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.206. ASSESSMENT ROLL. (a) The board shall prepare

and maintain an assessment roll showing:

(1) the assessment against each property; and

(2) the board's basis for the assessment.

(b) The board shall allow the public to inspect the assessment

roll.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.207. ASSESSMENT AS LIEN. (a) An assessment,

including an assessment resulting from an addition or correction

to the assessment roll, penalties and interest on an assessment,

an assessment collection expense, and reasonable attorney's fees

incurred by the district in collecting an assessment 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 charge against the owners of

the property, even if the owners are not named in an assessment

proceeding.

(b) The lien is effective from the date of the order imposing

the assessment until the date the assessment is paid.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.208. CORRECTION OF MISTAKE. After notice and hearing

in the manner required for an original assessment, the board may

impose an assessment to correct a mistake in the assessment that:

(1) relates to the total cost of the assessment; or

(2) covers a delinquency or collection costs.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.209. NOTICE OF HEARING ON PROPOSED ASSESSMENT. (a)

The board shall provide notice of a hearing for a proposed

assessment in a newspaper with general circulation in Chambers

County. The publication must be made not later than the 30th day

before the date of the hearing.

(b) The notice must include the:

(1) time and place of the hearing;

(2) purpose for the proposed assessment;

(3) estimated cost of the purpose for which the assessment is

proposed, including interest during construction and associated

financing costs; and

(4) proposed assessment method.

(c) Not later than the 30th day before the date of the hearing,

the board shall mail written notice containing the information

required by Subsection (b) to each property owner in the district

that will be subject to the assessment at the current address of

the owner of the property to be assessed, as reflected on the tax

rolls.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.210. CONDUCT OF HEARING; FINDINGS. (a) The board or

hearings examiner shall hear and rule on all objections to a

proposed assessment.

(b) A hearing on a proposed assessment may be adjourned from

time to time.

(c) The board or hearings examiner shall make findings relating

to the:

(1) advisability of the assessment, including the purpose of the

assessment;

(2) estimated cost of the assessment;

(3) area benefited by the assessment;

(4) method of assessment; and

(5) method and time for payment of the assessment.

(d) If a hearings examiner conducts the hearing, the examiner

shall file with the board a report on the examiner's findings

under Subsection (c).

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.211. BOARD ORDER IMPOSING ASSESSMENT. (a) After

receiving or issuing the findings required by Section

3001.210(c), the board by order:

(1) shall:

(A) impose the assessment as a special assessment on the

property; and

(B) specify the method of payment on the assessment; and

(2) may:

(A) amend a proposed assessment for any parcel;

(B) require an assessment to be paid in periodic installments,

including interest;

(C) require an interest charge or penalty for a failure to make

timely payment; or

(D) charge an amount to cover a delinquency or collection

expense.

(b) If the board orders that an assessment may be paid in

periodic installments, the installments must:

(1) be in amounts sufficient to meet the annual costs of the

project or service for which the assessment is imposed; and

(2) continue for the number of years required to retire the

indebtedness or pay for the project or service for which the

assessment is imposed.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.212. REHEARING. A motion for rehearing is subject to

Section 2001.146, Government Code, except that the property owner

must file the motion for rehearing not later than the 30th day

after the date on which the assessment order is issued.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.213. NOTICE OF ASSESSMENT. Not later than the 30th

day after the date on which an assessment order is issued, the

district shall file a notice of the assessment in the deed

records of the county in which the property to be assessed is

located. The notice must:

(1) provide a legal description of the property subject to the

assessment;

(2) state the name of the owner of the property subject to the

assessment; and

(3) describe how to contact the district for further information

about the assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.214. APPEAL TO COURT. (a) A property owner against

whom an assessment is imposed may appeal the assessment to a

district court in the county in which the property is located in

the manner provided for the appeal of a contested case under

Chapter 2001, Government Code.

(b) The owner must file the notice of appeal with the court not

later than the 30th day after the date the board decision becomes

final.

(c) The court shall review the appeal by trial de novo.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.215. NEW ASSESSMENT AFTER INVALID PRIOR ASSESSMENT.

If the board determines or a court holds that an assessment is

invalid, the board may impose a new assessment in accordance with

the procedures provided by this subchapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER F. DISSOLUTION

Sec. 3001.251. DISSOLUTION. The board may dissolve the district

if all district debts and obligations have been discharged.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3001-southeast-texas-agricultural-development-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE A. AGRICULTURE

CHAPTER 3001. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3001.001. DEFINITIONS. In this chapter:

(1) "Assessment" includes a reassessment or supplemental

assessment.

(2) "Board" means the board of directors of the district.

(3) "Director" means a board member.

(4) "District" means the Southeast Texas Agricultural

Development District.

(5) "Obligation" means an obligation issued by the district

under this chapter, including a bond, certificate, note, or other

evidence of indebtedness.

(6) "Project" means an agricultural project designated under

Section 3001.110.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.002. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT

DISTRICT. (a) The Southeast Texas Agricultural Development

District is created as a special district.

(b) The board by resolution may change the district's name.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.003. PURPOSE AND NATURE OF DISTRICT. (a) The

district is created as a conservation and reclamation district

under Section 59, Article XVI, Texas Constitution, to:

(1) conserve and develop the natural resources of this state,

including certain agricultural resources;

(2) conserve the soil for certain agricultural uses;

(3) reclaim or drain overflowed lands or provide necessary

irrigation for certain natural agricultural resources; and

(4) provide credit, grants, or other things of value to aid

persons as provided by Section 52(a), Article III, Texas

Constitution.

(b) The district exercises public and essential governmental

functions.

(c) The creation of the district is a program essential to

accomplish the purposes of Section 52-a, Article III, Texas

Constitution, and other public purposes stated in this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.004. DISTRICT TERRITORY. (a) The district includes

all of the territory of Chambers County that is east of the

center line of the Trinity River and north of the center line of

the Gulf Intracoastal Waterway, other than property located

inside the municipal boundaries of an incorporated municipality

as of January 1, 1999, as that territory may have been modified

under:

(1) Section 3001.116, or its predecessor statute, former Section

384.052, Local Government Code; or

(2) other law.

(b) The boundaries of the district form a closure. A mistake in

the description of the boundaries or in copying the description

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 or collect an assessment; or

(4) legality or operation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.005. APPLICABILITY OF AND RELATION TO OTHER LAW. (a)

Chapter 49, Water Code, does not apply to the district.

(b) The district's authority under this chapter is not intended

to duplicate the authority granted to the Chambers-Liberty

Counties Navigation District or to limit the authority or

jurisdiction of the navigation district. To the extent the laws

of this chapter conflict with the laws of that navigation

district, the laws of the navigation district control over this

chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3001.051. BOARD OF DIRECTORS. (a) The district is

governed by a board of nine directors.

(b) The board by resolution may increase or decrease the number

of directors on the board if the board determines that to do so

is in the best interest of the district. The board may not have

more than 15 directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.052. QUALIFICATIONS. (a) To serve as a director, a

person must be at least 18 years old and:

(1) reside in the district;

(2) own property in the district; or

(3) be an agent, employee, or tenant of a person who owns

property in the district.

(b) At least five directors must reside in or own property in

Chambers County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.053. TERMS. The county commissioners court shall

appoint the directors to serve staggered four-year terms with as

near as possible to one-half of the directors' terms expiring on

June 1 of each odd-numbered year.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.054. DIRECTOR'S BOND. (a) As soon as practicable

after a director is appointed, the director shall execute a

$10,000 bond payable to the district and conditioned on the

faithful performance of the director's duties.

(b) Each director's bond must be approved by the board.

(c) The bond shall be filed with and retained by the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.055. REMOVAL; VACANCY. (a) The county commissioners

court may remove a director for misconduct or failure to carry

out the director's duties on petition by a majority of the other

directors and after notice and hearing.

(b) If a vacancy occurs on the board, the remaining directors

shall appoint a director for the remainder of the unexpired term.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.056. OFFICERS. (a) The board shall elect from its

directors a president, vice president, and secretary.

(b) The board by rule may provide for the election of other

officers.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.057. MEETINGS. The board shall meet at least once

every three months and at the call of the presiding officer or a

majority of the directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.058. COMPENSATION; REIMBURSEMENT. A director serves

without compensation but shall be reimbursed for a reasonable and

necessary expense incurred in performing an official duty.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.059. CONFLICT OF INTEREST; DISCLOSURE REQUIRED. (a)

Except as provided by this section:

(1) a director may participate in all board votes and decisions;

and

(2) Chapter 171, Local Government Code, governs conflicts of

interest for directors.

(b) Section 171.004, Local Government Code, does not apply to

the district. A director who has a substantial interest in a

business or charitable entity that will receive a pecuniary

benefit from a board action shall file an affidavit with the

board secretary declaring the interest. Another affidavit is not

required if the director's interest changes.

(c) After the affidavit is filed, the director may participate

in a discussion or vote on that action if:

(1) a majority of the directors have similar interests in the

same entity; or

(2) all similar business or charitable entities in the district

will receive a similar pecuniary benefit.

(d) A director who is an officer or employee of a public entity

may not participate in a discussion of or vote on a matter

regarding a contract with the public entity.

(e) For purposes of this section, a director has a substantial

interest in a charitable entity in the same manner that a person

would have a substantial interest in a business entity under

Section 171.002, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3001.101. GENERAL POWERS AND DUTIES. (a) The district has

the powers and duties that are necessary or desirable to carry

out a power or duty expressly or implicitly granted under this

chapter.

(b) The district may perform acts necessary to perform the

purposes of this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.102. LIMITATION ON DISTRICT POWERS. The district may

not exercise a power unless it furthers the purposes of this

chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.103. EXERCISE OF POWERS OUTSIDE DISTRICT. The

district may exercise any of its powers outside the district

territory if the board determines that there is a benefit to the

district in exercising that power.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.104. IMPOSITION OF AD VALOREM TAX PROHIBITED. The

district may not impose an ad valorem tax.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.105. RULEMAKING. The board may adopt rules:

(1) necessary or convenient to carry out district powers and

duties;

(2) to govern its affairs;

(3) to preserve the public health and welfare concerning the

agricultural products submitted to the district for harvesting,

processing, distributing, or transporting; and

(4) to establish a priority on the use of district property and

services, including the payment of fees.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.106. EXECUTIVE DIRECTOR; EMPLOYEES. The board may

employ:

(1) an executive director to manage the district's daily

operations; and

(2) other persons necessary to carry out the district's duties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.107. ECONOMIC DEVELOPMENT. (a) The district may

encourage state economic development as provided by this chapter,

including making a loan or grant of public money for the purposes

of this chapter.

(b) The district may encourage the economic development of the

district by:

(1) fostering the growth of enterprises based on certain types

of agriculture;

(2) stimulating innovation in certain agricultural enterprises;

(3) seeking to eliminate unemployment or underemployment in the

state; and

(4) developing or expanding transportation resources.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.108. AGRICULTURAL DEVELOPMENT. The district may:

(1) promote all agricultural enterprises, facilities, and

services of the district; and

(2) encourage the maintenance and conservation of soil in the

district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.109. SUGAR MILL OR OTHER ENTERPRISE. (a) The

district may design, construct, and operate a sugar mill or other

agricultural enterprise.

(b) The district may acquire property necessary for a sugar mill

or other agricultural enterprise, including vehicles, farm

equipment, other machinery, and related facilities for

harvesting, processing, storing, distributing, and transporting

sugar cane or other agricultural products or by-products.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.110. DESIGNATION OF AGRICULTURAL PROJECTS. (a) The

district may designate as an agricultural project a project that

relates to:

(1) the development of agriculture in the district and

surrounding areas; and

(2) the preservation and conservation of the soil in the

district for agricultural purposes.

(b) A project designated under Subsection (a) is for a public

purpose.

(c) The cost of a project, including interest during

construction and the cost of issuing obligations, may be paid

from any source.

(d) The implementation of a project is a governmental function

or service for purposes of Chapter 791, Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.111. AGRICULTURAL RESEARCH. The district may conduct

or pay for research for agricultural purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.112. TRANSPORTATION. The district may encourage the

transportation and distribution of the district's agricultural

products through the development and operation of transportation

structures necessary to further the purposes of this chapter,

including railroads and private roads.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.113. RELATIONSHIP WITH NAVIGATION DISTRICT. The

district may cooperate and contract with the Chambers-Liberty

Counties Navigation District on any area of mutual interest.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.114. ACQUISITION OR DISPOSITION OF PROPERTY. The

district may acquire or dispose of property in any manner,

including by:

(1) conveyance;

(2) mortgage; or

(3) lease, as lessor or lessee.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.115. EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.116. ANNEXATION AND EXCLUSION OF TERRITORY. (a) The

district may annex land as provided by Section 49.301 or 49.302,

Water Code, except that the references in those sections related

to taxes do not apply. As provided by those sections, the

district may annex land that is not adjacent or contiguous to the

district.

(b) The board may call on its own motion a hearing on the

question of the exclusion of land from the district as provided

by Section 49.304 or 49.307, Water Code, if:

(1) the district does not have outstanding obligations; and

(2) the proposed exclusion is practicable, just, or desirable.

(c) The board shall call a hearing on the exclusion of land or

other property from the district as provided by Section 49.304 or

49.307, Water Code, if a property owner in the district files

with the board secretary a written petition requesting the

hearing before the issuance of an obligation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.117. AGREEMENTS. (a) The district may:

(1) enter into an agreement with any person for any district

purpose, including an agreement:

(A) to operate or maintain an agricultural enterprise under

Sections 3001.108 and 3001.109; or

(B) with a municipality or county to provide law enforcement

service in the district on a fee basis; and

(2) accept a loan from any person.

(b) The district, county, and any other political subdivision,

without further authorization, may contract to implement a

project or assist the district in providing a service authorized

by this chapter. A contract under this subsection may provide:

(1) for payment from a district assessment or other revenue; or

(2) that an assessment or other revenue collected from a

project, or from a person using or purchasing a commodity or

service from a project, may be paid or rebated to the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.118. DONATIONS; GRANTS. The district may accept a

donation or grant from any person.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.119. HEARINGS. (a) The board may conduct hearings

and take evidence on any matter before the board.

(b) The board may appoint a hearings examiner to conduct a

hearing called by the board. The hearings examiner may be a

district employee or director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.120. SUITS. (a) The district may sue and be sued.

(b) In a suit against the district, process may be served on a

director or registered agent.

(c) The district may not be required to give a bond on an appeal

or writ of error in a civil case that the district is prosecuting

or defending.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.121. INDEMNIFICATION. The district may indemnify a

director or district employee or a former director or district

employee for reasonable expenses and costs, including attorney's

fees, incurred by the person in connection with a claim or charge

asserted against the person if:

(1) the claim or charge relates to an act or omission of the

person when acting in the scope of the person's board membership

or district employment; and

(2) the person has not been found liable on the claim or guilty

on the charge.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.122. OFFICIAL SEAL. The district may adopt an

official seal for the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. FINANCES AND OBLIGATIONS

Sec. 3001.151. POWERS AND DUTIES RELATED TO FINANCES. (a) The

district may:

(1) acquire and dispose of money;

(2) impose a charge for using a facility or a service the

district provides;

(3) issue an obligation as provided by this subchapter;

(4) borrow money;

(5) loan money;

(6) invest money under its control in an investment permitted by

Chapter 2256, Government Code;

(7) select a depository;

(8) establish a system of accounts for the district; and

(9) set the fiscal year for the district.

(b) The district shall endeavor to raise revenue sufficient to

pay the district's debts.

(c) The board by rule shall establish the procedure and number

of directors' signatures required to disburse or transfer

district money.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.152. OBLIGATIONS. (a) The district may issue any

type of obligation for any district purpose. An obligation may be

issued under Chapter 1371, Government Code.

(b) When authorizing the issuance of an obligation, the district

may also authorize the later issuance of a parity or subordinate

lien obligation.

(c) A district obligation must:

(1) mature not later than the 40th anniversary of the date of

issuance; and

(2) state on its face that the obligation is not a state

obligation.

(d) A district obligation may be payable from or secured by:

(1) any source of money, including district revenue, loans, or

assessments; or

(2) a lien, pledge, mortgage, or other security interest on

district revenue or property.

(e) The district may use obligation proceeds for any purpose,

including to pay:

(1) into a reserve fund for debt service;

(2) for the repair or replacement of property, including

buildings and equipment;

(3) interest on obligations; or

(4) for the operation of a sugar mill or other agricultural

enterprise.

(f) The district may contract with an obligation holder to

impose an assessment to pay for the operation of a sugar mill or

other agricultural enterprise.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.153. APPROVAL OF ASSESSMENT OBLIGATIONS. An

obligation secured by an assessment may not be issued unless the

district receives a written petition requesting the assessment

and issuance of obligations. The petition must be signed by each

owner of the property proposed for assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER E. ASSESSMENTS

Sec. 3001.201. GENERAL POWERS RELATED TO ASSESSMENTS. (a) The

board may impose an assessment:

(1) for a district expense;

(2) to finance a project or district service; or

(3) for any other purpose authorized by this chapter.

(b) Money derived from an assessment for one purpose may not be

borrowed for use for another purpose for which an assessment is

imposed.

(c) The board shall establish a procedure for the distribution

or use of money derived from an assessment that exceeds the

amount of money necessary to accomplish the purpose for which the

assessment was collected.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.202. AREA TO BE ASSESSED; LIMITATIONS. (a) The board

may impose an assessment only on property included in a petition

for assessment.

(b) The owner of an improvement constructed in the district, or

of land annexed to the district, after the district imposed an

assessment may waive the right to notice and an assessment

hearing and may agree to the imposition of the assessment on the

improvement or land and payment of the assessment at an agreed

rate.

(c) The district may not impose an assessment on the property of

a person that provides gas, electricity, telephone, sewage, or

water service to the public.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.203. HEARING AND PETITION REQUIRED. The board may

impose an assessment only if:

(1) a written petition has been filed with the board that:

(A) requests the assessment;

(B) states the specific purpose of the assessment; and

(C) is signed by each owner of the property to be assessed;

(2) two-thirds of the board votes to impose the assessment;

(3) the board provides notice of a hearing on the proposal under

Section 3001.209; and

(4) the board holds a hearing on the advisability of the

assessment under Section 3001.210.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.204. APPORTIONMENT OF COSTS. (a) The board shall

apportion the cost of an assessment to property according to the

special benefits accruing to the property because of the project

or service to be financed by the assessment. The cost may be

assessed:

(1) equally by front foot or by square foot of land area;

(2) equally by acreage of land;

(3) according to the value of the property as determined by the

board; or

(4) according to any other reasonable assessment plan that

imposes a fair share of the cost on property similarly benefited.

(b) In making the determination under Subsection (a)(3), the

board may consider the value of a structure or improvement on the

property.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.205. ASSESSMENT TO FINANCE PROJECT OR SERVICE. (a)

If the board determines the total cost of an assessment to

finance a project or service, the board shall impose the

assessment against each parcel of land against which an

assessment may be imposed in the district.

(b) The board may impose an annual assessment for a service. The

amount of an annual service assessment may vary from year to

year, but may not be higher than the initial assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.206. ASSESSMENT ROLL. (a) The board shall prepare

and maintain an assessment roll showing:

(1) the assessment against each property; and

(2) the board's basis for the assessment.

(b) The board shall allow the public to inspect the assessment

roll.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.207. ASSESSMENT AS LIEN. (a) An assessment,

including an assessment resulting from an addition or correction

to the assessment roll, penalties and interest on an assessment,

an assessment collection expense, and reasonable attorney's fees

incurred by the district in collecting an assessment 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 charge against the owners of

the property, even if the owners are not named in an assessment

proceeding.

(b) The lien is effective from the date of the order imposing

the assessment until the date the assessment is paid.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.208. CORRECTION OF MISTAKE. After notice and hearing

in the manner required for an original assessment, the board may

impose an assessment to correct a mistake in the assessment that:

(1) relates to the total cost of the assessment; or

(2) covers a delinquency or collection costs.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.209. NOTICE OF HEARING ON PROPOSED ASSESSMENT. (a)

The board shall provide notice of a hearing for a proposed

assessment in a newspaper with general circulation in Chambers

County. The publication must be made not later than the 30th day

before the date of the hearing.

(b) The notice must include the:

(1) time and place of the hearing;

(2) purpose for the proposed assessment;

(3) estimated cost of the purpose for which the assessment is

proposed, including interest during construction and associated

financing costs; and

(4) proposed assessment method.

(c) Not later than the 30th day before the date of the hearing,

the board shall mail written notice containing the information

required by Subsection (b) to each property owner in the district

that will be subject to the assessment at the current address of

the owner of the property to be assessed, as reflected on the tax

rolls.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.210. CONDUCT OF HEARING; FINDINGS. (a) The board or

hearings examiner shall hear and rule on all objections to a

proposed assessment.

(b) A hearing on a proposed assessment may be adjourned from

time to time.

(c) The board or hearings examiner shall make findings relating

to the:

(1) advisability of the assessment, including the purpose of the

assessment;

(2) estimated cost of the assessment;

(3) area benefited by the assessment;

(4) method of assessment; and

(5) method and time for payment of the assessment.

(d) If a hearings examiner conducts the hearing, the examiner

shall file with the board a report on the examiner's findings

under Subsection (c).

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.211. BOARD ORDER IMPOSING ASSESSMENT. (a) After

receiving or issuing the findings required by Section

3001.210(c), the board by order:

(1) shall:

(A) impose the assessment as a special assessment on the

property; and

(B) specify the method of payment on the assessment; and

(2) may:

(A) amend a proposed assessment for any parcel;

(B) require an assessment to be paid in periodic installments,

including interest;

(C) require an interest charge or penalty for a failure to make

timely payment; or

(D) charge an amount to cover a delinquency or collection

expense.

(b) If the board orders that an assessment may be paid in

periodic installments, the installments must:

(1) be in amounts sufficient to meet the annual costs of the

project or service for which the assessment is imposed; and

(2) continue for the number of years required to retire the

indebtedness or pay for the project or service for which the

assessment is imposed.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.212. REHEARING. A motion for rehearing is subject to

Section 2001.146, Government Code, except that the property owner

must file the motion for rehearing not later than the 30th day

after the date on which the assessment order is issued.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.213. NOTICE OF ASSESSMENT. Not later than the 30th

day after the date on which an assessment order is issued, the

district shall file a notice of the assessment in the deed

records of the county in which the property to be assessed is

located. The notice must:

(1) provide a legal description of the property subject to the

assessment;

(2) state the name of the owner of the property subject to the

assessment; and

(3) describe how to contact the district for further information

about the assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.214. APPEAL TO COURT. (a) A property owner against

whom an assessment is imposed may appeal the assessment to a

district court in the county in which the property is located in

the manner provided for the appeal of a contested case under

Chapter 2001, Government Code.

(b) The owner must file the notice of appeal with the court not

later than the 30th day after the date the board decision becomes

final.

(c) The court shall review the appeal by trial de novo.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.215. NEW ASSESSMENT AFTER INVALID PRIOR ASSESSMENT.

If the board determines or a court holds that an assessment is

invalid, the board may impose a new assessment in accordance with

the procedures provided by this subchapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER F. DISSOLUTION

Sec. 3001.251. DISSOLUTION. The board may dissolve the district

if all district debts and obligations have been discharged.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3001-southeast-texas-agricultural-development-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE A. AGRICULTURE

CHAPTER 3001. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3001.001. DEFINITIONS. In this chapter:

(1) "Assessment" includes a reassessment or supplemental

assessment.

(2) "Board" means the board of directors of the district.

(3) "Director" means a board member.

(4) "District" means the Southeast Texas Agricultural

Development District.

(5) "Obligation" means an obligation issued by the district

under this chapter, including a bond, certificate, note, or other

evidence of indebtedness.

(6) "Project" means an agricultural project designated under

Section 3001.110.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.002. SOUTHEAST TEXAS AGRICULTURAL DEVELOPMENT

DISTRICT. (a) The Southeast Texas Agricultural Development

District is created as a special district.

(b) The board by resolution may change the district's name.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.003. PURPOSE AND NATURE OF DISTRICT. (a) The

district is created as a conservation and reclamation district

under Section 59, Article XVI, Texas Constitution, to:

(1) conserve and develop the natural resources of this state,

including certain agricultural resources;

(2) conserve the soil for certain agricultural uses;

(3) reclaim or drain overflowed lands or provide necessary

irrigation for certain natural agricultural resources; and

(4) provide credit, grants, or other things of value to aid

persons as provided by Section 52(a), Article III, Texas

Constitution.

(b) The district exercises public and essential governmental

functions.

(c) The creation of the district is a program essential to

accomplish the purposes of Section 52-a, Article III, Texas

Constitution, and other public purposes stated in this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.004. DISTRICT TERRITORY. (a) The district includes

all of the territory of Chambers County that is east of the

center line of the Trinity River and north of the center line of

the Gulf Intracoastal Waterway, other than property located

inside the municipal boundaries of an incorporated municipality

as of January 1, 1999, as that territory may have been modified

under:

(1) Section 3001.116, or its predecessor statute, former Section

384.052, Local Government Code; or

(2) other law.

(b) The boundaries of the district form a closure. A mistake in

the description of the boundaries or in copying the description

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 or collect an assessment; or

(4) legality or operation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.005. APPLICABILITY OF AND RELATION TO OTHER LAW. (a)

Chapter 49, Water Code, does not apply to the district.

(b) The district's authority under this chapter is not intended

to duplicate the authority granted to the Chambers-Liberty

Counties Navigation District or to limit the authority or

jurisdiction of the navigation district. To the extent the laws

of this chapter conflict with the laws of that navigation

district, the laws of the navigation district control over this

chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3001.051. BOARD OF DIRECTORS. (a) The district is

governed by a board of nine directors.

(b) The board by resolution may increase or decrease the number

of directors on the board if the board determines that to do so

is in the best interest of the district. The board may not have

more than 15 directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.052. QUALIFICATIONS. (a) To serve as a director, a

person must be at least 18 years old and:

(1) reside in the district;

(2) own property in the district; or

(3) be an agent, employee, or tenant of a person who owns

property in the district.

(b) At least five directors must reside in or own property in

Chambers County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.053. TERMS. The county commissioners court shall

appoint the directors to serve staggered four-year terms with as

near as possible to one-half of the directors' terms expiring on

June 1 of each odd-numbered year.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.054. DIRECTOR'S BOND. (a) As soon as practicable

after a director is appointed, the director shall execute a

$10,000 bond payable to the district and conditioned on the

faithful performance of the director's duties.

(b) Each director's bond must be approved by the board.

(c) The bond shall be filed with and retained by the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.055. REMOVAL; VACANCY. (a) The county commissioners

court may remove a director for misconduct or failure to carry

out the director's duties on petition by a majority of the other

directors and after notice and hearing.

(b) If a vacancy occurs on the board, the remaining directors

shall appoint a director for the remainder of the unexpired term.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.056. OFFICERS. (a) The board shall elect from its

directors a president, vice president, and secretary.

(b) The board by rule may provide for the election of other

officers.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.057. MEETINGS. The board shall meet at least once

every three months and at the call of the presiding officer or a

majority of the directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.058. COMPENSATION; REIMBURSEMENT. A director serves

without compensation but shall be reimbursed for a reasonable and

necessary expense incurred in performing an official duty.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.059. CONFLICT OF INTEREST; DISCLOSURE REQUIRED. (a)

Except as provided by this section:

(1) a director may participate in all board votes and decisions;

and

(2) Chapter 171, Local Government Code, governs conflicts of

interest for directors.

(b) Section 171.004, Local Government Code, does not apply to

the district. A director who has a substantial interest in a

business or charitable entity that will receive a pecuniary

benefit from a board action shall file an affidavit with the

board secretary declaring the interest. Another affidavit is not

required if the director's interest changes.

(c) After the affidavit is filed, the director may participate

in a discussion or vote on that action if:

(1) a majority of the directors have similar interests in the

same entity; or

(2) all similar business or charitable entities in the district

will receive a similar pecuniary benefit.

(d) A director who is an officer or employee of a public entity

may not participate in a discussion of or vote on a matter

regarding a contract with the public entity.

(e) For purposes of this section, a director has a substantial

interest in a charitable entity in the same manner that a person

would have a substantial interest in a business entity under

Section 171.002, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3001.101. GENERAL POWERS AND DUTIES. (a) The district has

the powers and duties that are necessary or desirable to carry

out a power or duty expressly or implicitly granted under this

chapter.

(b) The district may perform acts necessary to perform the

purposes of this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.102. LIMITATION ON DISTRICT POWERS. The district may

not exercise a power unless it furthers the purposes of this

chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.103. EXERCISE OF POWERS OUTSIDE DISTRICT. The

district may exercise any of its powers outside the district

territory if the board determines that there is a benefit to the

district in exercising that power.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.104. IMPOSITION OF AD VALOREM TAX PROHIBITED. The

district may not impose an ad valorem tax.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.105. RULEMAKING. The board may adopt rules:

(1) necessary or convenient to carry out district powers and

duties;

(2) to govern its affairs;

(3) to preserve the public health and welfare concerning the

agricultural products submitted to the district for harvesting,

processing, distributing, or transporting; and

(4) to establish a priority on the use of district property and

services, including the payment of fees.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.106. EXECUTIVE DIRECTOR; EMPLOYEES. The board may

employ:

(1) an executive director to manage the district's daily

operations; and

(2) other persons necessary to carry out the district's duties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.107. ECONOMIC DEVELOPMENT. (a) The district may

encourage state economic development as provided by this chapter,

including making a loan or grant of public money for the purposes

of this chapter.

(b) The district may encourage the economic development of the

district by:

(1) fostering the growth of enterprises based on certain types

of agriculture;

(2) stimulating innovation in certain agricultural enterprises;

(3) seeking to eliminate unemployment or underemployment in the

state; and

(4) developing or expanding transportation resources.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.108. AGRICULTURAL DEVELOPMENT. The district may:

(1) promote all agricultural enterprises, facilities, and

services of the district; and

(2) encourage the maintenance and conservation of soil in the

district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.109. SUGAR MILL OR OTHER ENTERPRISE. (a) The

district may design, construct, and operate a sugar mill or other

agricultural enterprise.

(b) The district may acquire property necessary for a sugar mill

or other agricultural enterprise, including vehicles, farm

equipment, other machinery, and related facilities for

harvesting, processing, storing, distributing, and transporting

sugar cane or other agricultural products or by-products.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.110. DESIGNATION OF AGRICULTURAL PROJECTS. (a) The

district may designate as an agricultural project a project that

relates to:

(1) the development of agriculture in the district and

surrounding areas; and

(2) the preservation and conservation of the soil in the

district for agricultural purposes.

(b) A project designated under Subsection (a) is for a public

purpose.

(c) The cost of a project, including interest during

construction and the cost of issuing obligations, may be paid

from any source.

(d) The implementation of a project is a governmental function

or service for purposes of Chapter 791, Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.111. AGRICULTURAL RESEARCH. The district may conduct

or pay for research for agricultural purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.112. TRANSPORTATION. The district may encourage the

transportation and distribution of the district's agricultural

products through the development and operation of transportation

structures necessary to further the purposes of this chapter,

including railroads and private roads.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.113. RELATIONSHIP WITH NAVIGATION DISTRICT. The

district may cooperate and contract with the Chambers-Liberty

Counties Navigation District on any area of mutual interest.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.114. ACQUISITION OR DISPOSITION OF PROPERTY. The

district may acquire or dispose of property in any manner,

including by:

(1) conveyance;

(2) mortgage; or

(3) lease, as lessor or lessee.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.115. EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.116. ANNEXATION AND EXCLUSION OF TERRITORY. (a) The

district may annex land as provided by Section 49.301 or 49.302,

Water Code, except that the references in those sections related

to taxes do not apply. As provided by those sections, the

district may annex land that is not adjacent or contiguous to the

district.

(b) The board may call on its own motion a hearing on the

question of the exclusion of land from the district as provided

by Section 49.304 or 49.307, Water Code, if:

(1) the district does not have outstanding obligations; and

(2) the proposed exclusion is practicable, just, or desirable.

(c) The board shall call a hearing on the exclusion of land or

other property from the district as provided by Section 49.304 or

49.307, Water Code, if a property owner in the district files

with the board secretary a written petition requesting the

hearing before the issuance of an obligation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.117. AGREEMENTS. (a) The district may:

(1) enter into an agreement with any person for any district

purpose, including an agreement:

(A) to operate or maintain an agricultural enterprise under

Sections 3001.108 and 3001.109; or

(B) with a municipality or county to provide law enforcement

service in the district on a fee basis; and

(2) accept a loan from any person.

(b) The district, county, and any other political subdivision,

without further authorization, may contract to implement a

project or assist the district in providing a service authorized

by this chapter. A contract under this subsection may provide:

(1) for payment from a district assessment or other revenue; or

(2) that an assessment or other revenue collected from a

project, or from a person using or purchasing a commodity or

service from a project, may be paid or rebated to the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.118. DONATIONS; GRANTS. The district may accept a

donation or grant from any person.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.119. HEARINGS. (a) The board may conduct hearings

and take evidence on any matter before the board.

(b) The board may appoint a hearings examiner to conduct a

hearing called by the board. The hearings examiner may be a

district employee or director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.120. SUITS. (a) The district may sue and be sued.

(b) In a suit against the district, process may be served on a

director or registered agent.

(c) The district may not be required to give a bond on an appeal

or writ of error in a civil case that the district is prosecuting

or defending.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.121. INDEMNIFICATION. The district may indemnify a

director or district employee or a former director or district

employee for reasonable expenses and costs, including attorney's

fees, incurred by the person in connection with a claim or charge

asserted against the person if:

(1) the claim or charge relates to an act or omission of the

person when acting in the scope of the person's board membership

or district employment; and

(2) the person has not been found liable on the claim or guilty

on the charge.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.122. OFFICIAL SEAL. The district may adopt an

official seal for the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. FINANCES AND OBLIGATIONS

Sec. 3001.151. POWERS AND DUTIES RELATED TO FINANCES. (a) The

district may:

(1) acquire and dispose of money;

(2) impose a charge for using a facility or a service the

district provides;

(3) issue an obligation as provided by this subchapter;

(4) borrow money;

(5) loan money;

(6) invest money under its control in an investment permitted by

Chapter 2256, Government Code;

(7) select a depository;

(8) establish a system of accounts for the district; and

(9) set the fiscal year for the district.

(b) The district shall endeavor to raise revenue sufficient to

pay the district's debts.

(c) The board by rule shall establish the procedure and number

of directors' signatures required to disburse or transfer

district money.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.152. OBLIGATIONS. (a) The district may issue any

type of obligation for any district purpose. An obligation may be

issued under Chapter 1371, Government Code.

(b) When authorizing the issuance of an obligation, the district

may also authorize the later issuance of a parity or subordinate

lien obligation.

(c) A district obligation must:

(1) mature not later than the 40th anniversary of the date of

issuance; and

(2) state on its face that the obligation is not a state

obligation.

(d) A district obligation may be payable from or secured by:

(1) any source of money, including district revenue, loans, or

assessments; or

(2) a lien, pledge, mortgage, or other security interest on

district revenue or property.

(e) The district may use obligation proceeds for any purpose,

including to pay:

(1) into a reserve fund for debt service;

(2) for the repair or replacement of property, including

buildings and equipment;

(3) interest on obligations; or

(4) for the operation of a sugar mill or other agricultural

enterprise.

(f) The district may contract with an obligation holder to

impose an assessment to pay for the operation of a sugar mill or

other agricultural enterprise.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.153. APPROVAL OF ASSESSMENT OBLIGATIONS. An

obligation secured by an assessment may not be issued unless the

district receives a written petition requesting the assessment

and issuance of obligations. The petition must be signed by each

owner of the property proposed for assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER E. ASSESSMENTS

Sec. 3001.201. GENERAL POWERS RELATED TO ASSESSMENTS. (a) The

board may impose an assessment:

(1) for a district expense;

(2) to finance a project or district service; or

(3) for any other purpose authorized by this chapter.

(b) Money derived from an assessment for one purpose may not be

borrowed for use for another purpose for which an assessment is

imposed.

(c) The board shall establish a procedure for the distribution

or use of money derived from an assessment that exceeds the

amount of money necessary to accomplish the purpose for which the

assessment was collected.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.202. AREA TO BE ASSESSED; LIMITATIONS. (a) The board

may impose an assessment only on property included in a petition

for assessment.

(b) The owner of an improvement constructed in the district, or

of land annexed to the district, after the district imposed an

assessment may waive the right to notice and an assessment

hearing and may agree to the imposition of the assessment on the

improvement or land and payment of the assessment at an agreed

rate.

(c) The district may not impose an assessment on the property of

a person that provides gas, electricity, telephone, sewage, or

water service to the public.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.203. HEARING AND PETITION REQUIRED. The board may

impose an assessment only if:

(1) a written petition has been filed with the board that:

(A) requests the assessment;

(B) states the specific purpose of the assessment; and

(C) is signed by each owner of the property to be assessed;

(2) two-thirds of the board votes to impose the assessment;

(3) the board provides notice of a hearing on the proposal under

Section 3001.209; and

(4) the board holds a hearing on the advisability of the

assessment under Section 3001.210.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.204. APPORTIONMENT OF COSTS. (a) The board shall

apportion the cost of an assessment to property according to the

special benefits accruing to the property because of the project

or service to be financed by the assessment. The cost may be

assessed:

(1) equally by front foot or by square foot of land area;

(2) equally by acreage of land;

(3) according to the value of the property as determined by the

board; or

(4) according to any other reasonable assessment plan that

imposes a fair share of the cost on property similarly benefited.

(b) In making the determination under Subsection (a)(3), the

board may consider the value of a structure or improvement on the

property.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.205. ASSESSMENT TO FINANCE PROJECT OR SERVICE. (a)

If the board determines the total cost of an assessment to

finance a project or service, the board shall impose the

assessment against each parcel of land against which an

assessment may be imposed in the district.

(b) The board may impose an annual assessment for a service. The

amount of an annual service assessment may vary from year to

year, but may not be higher than the initial assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.206. ASSESSMENT ROLL. (a) The board shall prepare

and maintain an assessment roll showing:

(1) the assessment against each property; and

(2) the board's basis for the assessment.

(b) The board shall allow the public to inspect the assessment

roll.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.207. ASSESSMENT AS LIEN. (a) An assessment,

including an assessment resulting from an addition or correction

to the assessment roll, penalties and interest on an assessment,

an assessment collection expense, and reasonable attorney's fees

incurred by the district in collecting an assessment 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 charge against the owners of

the property, even if the owners are not named in an assessment

proceeding.

(b) The lien is effective from the date of the order imposing

the assessment until the date the assessment is paid.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.208. CORRECTION OF MISTAKE. After notice and hearing

in the manner required for an original assessment, the board may

impose an assessment to correct a mistake in the assessment that:

(1) relates to the total cost of the assessment; or

(2) covers a delinquency or collection costs.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.209. NOTICE OF HEARING ON PROPOSED ASSESSMENT. (a)

The board shall provide notice of a hearing for a proposed

assessment in a newspaper with general circulation in Chambers

County. The publication must be made not later than the 30th day

before the date of the hearing.

(b) The notice must include the:

(1) time and place of the hearing;

(2) purpose for the proposed assessment;

(3) estimated cost of the purpose for which the assessment is

proposed, including interest during construction and associated

financing costs; and

(4) proposed assessment method.

(c) Not later than the 30th day before the date of the hearing,

the board shall mail written notice containing the information

required by Subsection (b) to each property owner in the district

that will be subject to the assessment at the current address of

the owner of the property to be assessed, as reflected on the tax

rolls.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.210. CONDUCT OF HEARING; FINDINGS. (a) The board or

hearings examiner shall hear and rule on all objections to a

proposed assessment.

(b) A hearing on a proposed assessment may be adjourned from

time to time.

(c) The board or hearings examiner shall make findings relating

to the:

(1) advisability of the assessment, including the purpose of the

assessment;

(2) estimated cost of the assessment;

(3) area benefited by the assessment;

(4) method of assessment; and

(5) method and time for payment of the assessment.

(d) If a hearings examiner conducts the hearing, the examiner

shall file with the board a report on the examiner's findings

under Subsection (c).

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.211. BOARD ORDER IMPOSING ASSESSMENT. (a) After

receiving or issuing the findings required by Section

3001.210(c), the board by order:

(1) shall:

(A) impose the assessment as a special assessment on the

property; and

(B) specify the method of payment on the assessment; and

(2) may:

(A) amend a proposed assessment for any parcel;

(B) require an assessment to be paid in periodic installments,

including interest;

(C) require an interest charge or penalty for a failure to make

timely payment; or

(D) charge an amount to cover a delinquency or collection

expense.

(b) If the board orders that an assessment may be paid in

periodic installments, the installments must:

(1) be in amounts sufficient to meet the annual costs of the

project or service for which the assessment is imposed; and

(2) continue for the number of years required to retire the

indebtedness or pay for the project or service for which the

assessment is imposed.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.212. REHEARING. A motion for rehearing is subject to

Section 2001.146, Government Code, except that the property owner

must file the motion for rehearing not later than the 30th day

after the date on which the assessment order is issued.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.213. NOTICE OF ASSESSMENT. Not later than the 30th

day after the date on which an assessment order is issued, the

district shall file a notice of the assessment in the deed

records of the county in which the property to be assessed is

located. The notice must:

(1) provide a legal description of the property subject to the

assessment;

(2) state the name of the owner of the property subject to the

assessment; and

(3) describe how to contact the district for further information

about the assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.214. APPEAL TO COURT. (a) A property owner against

whom an assessment is imposed may appeal the assessment to a

district court in the county in which the property is located in

the manner provided for the appeal of a contested case under

Chapter 2001, Government Code.

(b) The owner must file the notice of appeal with the court not

later than the 30th day after the date the board decision becomes

final.

(c) The court shall review the appeal by trial de novo.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 3001.215. NEW ASSESSMENT AFTER INVALID PRIOR ASSESSMENT.

If the board determines or a court holds that an assessment is

invalid, the board may impose a new assessment in accordance with

the procedures provided by this subchapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER F. DISSOLUTION

Sec. 3001.251. DISSOLUTION. The board may dissolve the district

if all district debts and obligations have been discharged.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.