CHAPTER 3836. LAS DAMAS MANAGEMENT DISTRICT

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3836-las-damas-management-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT

CHAPTER 3836. LAS DAMAS MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3836.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Las Damas Management District.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.002. LAS DAMAS MANAGEMENT DISTRICT. The Las Damas

Management District is a special district created under Section

59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes

of Sections 52 and 52-a, Article III, and Section 59, Article

XVI, Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing Austin

County and other political subdivisions to contract with the

district, the legislature has established a program to accomplish

the public purposes set out in Section 52-a, Article III, Texas

Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

agriculture, viniculture, irrigation, transportation, housing,

tourism, recreation, the arts, entertainment, economic

development, safety, and the public welfare in the district.

interpreted to relieve Austin County from providing the level of

services provided as of the effective date of the Act enacting

this chapter to the area in the district. The district is

created to supplement and not to supplant the county or any city

services provided in the area in the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

district is created to serve a public use and benefit.

(b) All land and other property included in the district will

benefit from the improvements and services to be provided by the

district under powers conferred by Sections 52 and 52-a, Article

III, and Section 59, Article XVI, Texas Constitution, and other

powers granted under this chapter.

is essential to:

(1) further the public purposes of developing and diversifying

the economy of the state;

(2) eliminate unemployment and underemployment;

(3) develop or expand transportation and commerce;

(4) develop and promote agriculture, irrigation, and

viniculture; and

(5) develop and promote tourism.

(d) 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 residential community and business,

agricultural, and tourism center;

(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;

(4) promote, market, and advertise the district as a tourist and

visitor destination; and

(5) promote public awareness of the district's agricultural

resources and products, including the growing and harvesting of

grapes and the production and bottling of wine.

(e) 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.

(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.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.005. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2 of the Act

enacting this chapter, as that territory may have been modified

under:

(1) Subchapter J, Chapter 49, Water Code; or

(2) other law.

(b) The boundaries and field notes of the district contained in

Section 2 of the Act enacting this chapter form a closure. A

mistake in the field notes or in copying the field notes in the

legislative process does not in any way affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for a purpose for which the

district is created or to pay the principal of and interest on

the bond;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All

or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under Chapter 311,

Tax Code;

(2) a tax abatement reinvestment zone created under Chapter 312,

Tax Code; or

(3) an enterprise zone created under Chapter 2303, Government

Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS

LAW. Except as otherwise provided by this chapter, Chapter 375,

Local Government Code, applies to the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3836.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five voting directors who serve staggered

terms of four years, with two or three directors' terms expiring

June 1 of each odd-numbered year.

(b) The board by resolution may change the number of voting

directors on the board, but only if the board determines that the

change is in the best interest of the district. The board may

not consist of fewer than five or more than 15 voting directors.

apply to the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.052. APPOINTMENT OF DIRECTORS. The Texas Commission

on Environmental Quality shall appoint voting directors from

persons recommended by the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.054. QUORUM. For purposes of determining the

requirements for a quorum, the following are not counted:

(1) a board position vacant for any reason, including death,

resignation, or disqualification;

(2) a director who is abstaining from participation in a vote

because of a conflict of interest; or

(3) a nonvoting director.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

For expiration of this section, see Subsection (d).

Sec. 3836.055. INITIAL VOTING DIRECTORS. (a) The initial board

consists of the following voting directors:

Pos. No.

Name of Director

Scott E. Greene

Martin H. Miles

Robert Kelly

Patrick Magill

Stephen Laney

(b) Of the initial voting directors, the terms of directors

appointed for positions 1 through 3 expire June 1, 2009, and the

terms of directors appointed for positions 4 and 5 expire June 1,

2011.

(d) This section expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3836.101. AGRICULTURAL DEVELOPMENT DISTRICT POWERS. The

district may exercise the powers given to an agricultural

development district created under Chapter 60, Agriculture Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.102. AGREEMENTS; GRANTS. (a) The district may make

an agreement with or accept a gift, grant, or loan from any

person.

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

or service for the purposes of Chapter 791, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.103. AUTHORITY TO CONTRACT FOR PUBLIC SAFETY SERVICES.

To protect the public interest, the district may contract with a

qualified party, including Austin County or any municipality, to

provide law enforcement, public safety, fire, or emergency

medical services in the district for a fee.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to a nonprofit or charitable

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district

may establish and provide for the administration of one or more

programs to promote state or local economic development and to

stimulate business and commercial activity in the district,

including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

(b) For purposes of this section, the district has all of the

powers of a municipality under Chapter 380, Local Government

Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.106. NO EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

SUBCHAPTER D. FINANCIAL PROVISIONS

Sec. 3836.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The board

by resolution shall establish the number of directors' signatures

and the procedure required for a disbursement or transfer of the

district's money.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The

district may acquire, construct, finance, operate, or maintain

any improvement or service authorized under this chapter or

Chapter 375, Local Government Code, using any money available to

the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.153. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this

chapter unless a written petition requesting that service or

improvement has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by:

(1) the owners of a majority of the assessed value of real

property in the district subject to assessment according to the

most recent certified tax appraisal roll for Austin County; or

(2) at least 25 persons who own real property in the district,

if more than 25 persons own real property in the district

according to the most recent certified tax appraisal roll for

Austin County.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.154. METHOD OF NOTICE FOR HEARING. The district may

mail the notice required by Section 375.115(c), Local Government

Code, by certified or first-class United States mail. The board

shall determine the method of notice.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The

board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment resulting

from an addition to or correction of the assessment roll by the

district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property assessed;

(2) are superior to any other lien or claim other than a lien or

claim for county, school district, or municipal ad valorem taxes;

and

(3) are the personal liability of and a charge against the

owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment

is paid. The board may enforce the lien in the same manner that

the board may enforce an ad valorem tax lien against real

property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment

of any parcel of land without providing notice and holding a

hearing in the manner required for additional assessments.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.156. AD VALOREM TAX. (a) If authorized at an

election held in accordance with Section 3836.160, the district

may impose an annual ad valorem tax on taxable property in the

district for any district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the tax rate.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.157. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, including the equipment,

rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company 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 person who provides to the public cable television or

advanced telecommunications services.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.158. BONDS AND OTHER OBLIGATIONS. (a) The district

may issue by competitive bid or negotiated sale bonds or other

obligations payable wholly or partly from taxes, assessments,

impact fees, revenue, grants, or other money of the district, or

any combination of those sources of money, to pay for any

authorized purpose of the district.

(b) In addition to any other terms authorized by the board by

bond order or resolution, the proceeds of the district's bonds

may be used for a reserve fund, credit enhancement, or

capitalized interest for the bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the

time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem

tax, without limit as to rate or amount, for each year that all

or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all

taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the

interest becomes due;

(B) create a sinking fund for the payment of the principal of

the bonds or other obligations when due or the redemption price

at any earlier required redemption date; and

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.160. TAX AND BOND ELECTIONS. (a) The district shall

hold an election in the manner provided by Subchapter L, Chapter

375, Local Government Code, to obtain voter approval before the

district imposes an ad valorem tax or issues bonds payable from

ad valorem taxes.

(b) Section 375.243, Local Government Code, does not apply to

the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.161. BIDDING REQUIREMENTS. Section 375.221, Local

Government Code, and Sections 49.273(d), (e), (f), and (g), Water

Code, do not apply to the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.162. TAX AND ASSESSMENT ABATEMENTS. The district may

grant in the manner authorized by Chapter 312, Tax Code, an

abatement for a tax or assessment owed to the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

SUBCHAPTER E. SALES AND USE TAX

Sec. 3836.201. MEANINGS OF WORDS AND PHRASES. Words and phrases

used in this subchapter that are defined by Chapters 151 and 321,

Tax Code, have the meanings assigned by Chapters 151 and 321, Tax

Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.202. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS.

(a) Except as otherwise provided by this subchapter, Subtitles

A and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to

taxes imposed under this subchapter and to the administration and

enforcement of those taxes in the same manner that those laws

apply to state taxes.

(b) Chapter 321, Tax Code, relating to municipal sales and use

taxes applies to the application, collection, change, and

administration of a sales and use tax imposed under this

subchapter to the extent consistent with this chapter, as if

references in Chapter 321, Tax Code, to a municipality referred

to the district and references to a governing body referred to

the board.

321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not

apply to a tax imposed under this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.203. AUTHORIZATION; ELECTION. (a) The district may

adopt a sales and use tax to serve the purposes of the district

after an election in which a majority of the district voters

voting in the election authorize the adoption of the tax.

(b) The board by order may call an election to authorize a sales

and use tax. The election may be held with any other district

election.

hold the election in the manner prescribed by Section 3836.160.

(d) The ballots shall be printed to provide for voting for or

against the proposition: "Authorization of a sales and use tax

in the Las Damas Management District at a rate not to exceed

______ percent."

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.204. ABOLISHING SALES AND USE TAX. (a) Except as

provided in Subsection (b), the board may abolish the sales and

use tax without an election.

(b) The board may not abolish the sales and use tax if the

district has outstanding debt or other obligations secured by the

tax.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

Sec. 3836.205. SALES AND USE TAX RATE. (a) On adoption of the

tax authorized by this subchapter, there is imposed a tax on the

receipts from the sale at retail of taxable items within the

district, and an excise tax on the use, storage, or other

consumption within the district of taxable items purchased,

leased, or rented from a retailer within the district during the

period that the tax is in effect.

(b) The board shall determine the rate of the tax, which may be

in increments of one-eighth of one percent and may not exceed the

maximum rate authorized by the voters.

sales tax portion of the tax and is applied to the sales price of

the taxable item.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

SUBCHAPTER F. HOTEL OCCUPANCY TAXES

Sec. 3836.251. HOTEL OCCUPANCY TAX. (a) In this section,

"hotel" has the meaning assigned by Section 156.001, Tax Code.

(b) For purposes of this section, a reference in Subchapter A,

Chapter 352, Tax Code, to a county is a reference to the district

and a reference in Subchapter A, Chapter 352, Tax Code, to the

county's officers or governing body is a reference to the board.

Chapter 352, Tax Code, governs a hotel occupancy tax authorized

by this section, including the collection of the tax, subject to

the limitations prescribed by Sections 352.002(b) and (c), Tax

Code.

(d) The district may impose a hotel occupancy tax for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; and

(3) provide a service.

(e) The board by order may impose, repeal, increase, or decrease

the rate of a tax on a person who, under a lease, concession,

permit, right of access, license, contract, or agreement, pays

for the use or possession or for the right to the use or

possession of a room that:

(1) is in a hotel located in the district's boundaries;

(2) costs $2 or more each day; and

(3) is ordinarily used for sleeping.

(f) The amount of the tax may not exceed seven percent of the

price paid for a room in a hotel.

(g) The district may examine and receive information related to

the imposition of hotel occupancy taxes to the same extent as if

the district were a county.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

SUBCHAPTER G. DISSOLUTION

Sec. 3836.301. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.

(a) The board may dissolve the district regardless of whether

the district has debt. 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 debts. The dissolution is effective when all debts have been

discharged.

Added by Acts 2007, 80th Leg., R.S., Ch.

821, Sec. 1, eff. June 15, 2007.

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