State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3845-tornillo-management-district
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3845. TORNILLO MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3845.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Tornillo Management District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.002. NATURE OF DISTRICT. The district is a special
district created under Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The
district is created to serve a public purpose and benefit.
(b) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest and
is essential to:
(1) further the public purposes of developing and diversifying
the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to preserve,
maintain, and enhance the economic health and vitality of the
district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a
street or road improvement.
(g) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3845.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors. Four directors
are elected as provided by Section 3845.052 and three directors
are appointed as provided by Section 3845.053.
(b) Elected directors serve staggered terms of four years.
(c) Appointed directors serve three-year terms and may be
appointed for subsequent terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.053. APPOINTMENT OF DIRECTORS. (a) One director
shall be appointed by a majority vote of the board of directors
of the El Paso County Tornillo Water Improvement District.
(b) One director shall be appointed by a majority vote of the
Commissioners Court of El Paso County.
(c) One director shall be appointed by the board from a list of
persons submitted by the representative for House District 75.
(d) Directors must be appointed under this section not later
than 90 days after the Act creating this chapter becomes law.
This subsection expires January 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.054. QUALIFICATIONS. (a) To be qualified to serve as
an appointed director, a person must be at least 18 years old and
a state resident.
(b) To be qualified to serve as an elected director, a person
must meet the qualifications for an appointed director and be an
owner of real property subject to taxation in the district or a
qualified voter of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.055. INITIAL DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or
owners of a majority of the assessed value of the real property
in the district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial directors the four qualified persons named in the
petition. The commission shall appoint as initial directors the
four persons named in the petition.
(b) The initial directors appointed under Subsection (a) shall
draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 3845.052
and which two shall serve until the second regularly scheduled
election of directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3845.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND DUTIES.
The district has the powers and duties provided by the general
law of this state, including Chapter 375, Local Government Code,
applicable to municipal management districts created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.103. EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.104. WATER AND WASTEWATER FACILITIES AND SERVICES.
(a) The district may not provide wholesale or retail water or
wastewater services to any land inside or outside the boundaries
of the district or produce water for use on land owned or managed
by the district unless authorized by a written resolution of the
board of directors of the El Paso County Tornillo Water
Improvement District. A written resolution authorizing the
provision or production of water or the water or wastewater
services must specify the area authorized to receive the water or
wastewater services or for which the district is authorized to
produce water. Notwithstanding any other law, the El Paso County
Tornillo Water Improvement District is not required to provide
retail water or wastewater services to an area in which the
district is authorized to provide water services.
(b) On written request by the El Paso County Tornillo Water
Improvement District, the district shall convey and transfer to
the El Paso County Tornillo Water Improvement District all water
or wastewater facilities, equipment, and fixtures owned by the
district, including water lines, wastewater lines, meters, wells,
fire hydrants, storage tanks, lagoons, water and wastewater
treatment facilities, and pump and lift stations.
(c) Water or wastewater facilities, equipment, and fixtures
transferred at the request of the El Paso County Tornillo Water
Improvement District shall continue to be used to benefit land in
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.105. RAIL FACILITIES. The district may construct,
acquire, improve, maintain, and operate rail facilities and
improvements in aid of those facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.106. DEVELOPMENT CORPORATION POWERS. The district may
exercise the powers given to a corporation under Chapter 505,
Local Government Code, including the power to own, operate,
acquire, construct, lease, improve, and maintain the projects
described by that chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3845.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any
source other than ad valorem taxation.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3845.151, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.153. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may make payments under a
contract from taxes other than operation and maintenance taxes
after the provisions of the contract have been approved by a
majority of the district voters voting at an election held for
that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.154. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
PURPOSES. Taxes the district imposes for water, wastewater, and
drainage facility construction and maintenance purposes, if any,
are for the particular benefit of the area inside the district,
do not generally or directly benefit the area inside the El Paso
County Tornillo Water Improvement District as a whole, and do not
duplicate a tax imposed by the El Paso County Tornillo Water
Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.155. HOTEL OCCUPANCY TAX. (a) The district may
impose a hotel occupancy tax in the manner provided by Section
351.002, Tax Code. A tax imposed under this section may not
exceed the maximum rate provided by Section 351.003(a), Tax
Code.
(b) The district may use revenue from the hotel occupancy tax
for any district purpose that is an authorized use of hotel
occupancy tax revenue under Chapter 351, Tax Code.
(c) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a hotel occupancy tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.156. SALES AND USE TAX. (a) The district may impose
a sales and use tax if authorized by a majority of the voters of
the district voting at an election held for that purpose.
Revenue from the sales and use tax may be used for any purpose
for which ad valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax at a rate
greater than two percent, and the rate of the tax when combined
with the rates of all other sales and use taxes imposed in the
district may not exceed the total combined sales and use tax rate
imposed in the city of El Paso.
(c) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it
is inconsistent with this chapter.
(d) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a sales and use tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.157. AUTHORITY TO TAX. The district may impose taxes
only inside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 3845.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds or other obligations payable wholly
or partly from ad valorem taxes, impact fees, revenue, contract
payments, grants, revenue from economic development agreements
under Chapter 381, Local Government Code, or other district
money, or any combination of those sources, to pay for an
authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.202. TAXES FOR BONDS. (a) At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of an ad valorem
tax, without limit as to rate or amount, as required by Section
54.601, Water Code.
(b) The board shall impose the tax annually while all or part of
the bonds are outstanding. Sections 54.601 and 54.602, Water
Code, govern the amount and rate of the tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects may not
exceed one-fourth of the assessed value of the real property in
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.204. FINANCIAL RESPONSIBILITY OF EL PASO COUNTY
TORNILLO WATER IMPROVEMENT DISTRICT. (a) This chapter may not
be construed as creating an obligation of the El Paso County
Tornillo Water Improvement District for a debt incurred by the
district.
(b) Notwithstanding any other law, the El Paso County Tornillo
Water Improvement District may not be held liable for a debt
incurred by the district unless the debt is assumed by a
resolution of the board of directors of the El Paso County
Tornillo Water Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3845-tornillo-management-district
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3845. TORNILLO MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3845.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Tornillo Management District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.002. NATURE OF DISTRICT. The district is a special
district created under Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The
district is created to serve a public purpose and benefit.
(b) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest and
is essential to:
(1) further the public purposes of developing and diversifying
the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to preserve,
maintain, and enhance the economic health and vitality of the
district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a
street or road improvement.
(g) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3845.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors. Four directors
are elected as provided by Section 3845.052 and three directors
are appointed as provided by Section 3845.053.
(b) Elected directors serve staggered terms of four years.
(c) Appointed directors serve three-year terms and may be
appointed for subsequent terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.053. APPOINTMENT OF DIRECTORS. (a) One director
shall be appointed by a majority vote of the board of directors
of the El Paso County Tornillo Water Improvement District.
(b) One director shall be appointed by a majority vote of the
Commissioners Court of El Paso County.
(c) One director shall be appointed by the board from a list of
persons submitted by the representative for House District 75.
(d) Directors must be appointed under this section not later
than 90 days after the Act creating this chapter becomes law.
This subsection expires January 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.054. QUALIFICATIONS. (a) To be qualified to serve as
an appointed director, a person must be at least 18 years old and
a state resident.
(b) To be qualified to serve as an elected director, a person
must meet the qualifications for an appointed director and be an
owner of real property subject to taxation in the district or a
qualified voter of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.055. INITIAL DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or
owners of a majority of the assessed value of the real property
in the district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial directors the four qualified persons named in the
petition. The commission shall appoint as initial directors the
four persons named in the petition.
(b) The initial directors appointed under Subsection (a) shall
draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 3845.052
and which two shall serve until the second regularly scheduled
election of directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3845.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND DUTIES.
The district has the powers and duties provided by the general
law of this state, including Chapter 375, Local Government Code,
applicable to municipal management districts created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.103. EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.104. WATER AND WASTEWATER FACILITIES AND SERVICES.
(a) The district may not provide wholesale or retail water or
wastewater services to any land inside or outside the boundaries
of the district or produce water for use on land owned or managed
by the district unless authorized by a written resolution of the
board of directors of the El Paso County Tornillo Water
Improvement District. A written resolution authorizing the
provision or production of water or the water or wastewater
services must specify the area authorized to receive the water or
wastewater services or for which the district is authorized to
produce water. Notwithstanding any other law, the El Paso County
Tornillo Water Improvement District is not required to provide
retail water or wastewater services to an area in which the
district is authorized to provide water services.
(b) On written request by the El Paso County Tornillo Water
Improvement District, the district shall convey and transfer to
the El Paso County Tornillo Water Improvement District all water
or wastewater facilities, equipment, and fixtures owned by the
district, including water lines, wastewater lines, meters, wells,
fire hydrants, storage tanks, lagoons, water and wastewater
treatment facilities, and pump and lift stations.
(c) Water or wastewater facilities, equipment, and fixtures
transferred at the request of the El Paso County Tornillo Water
Improvement District shall continue to be used to benefit land in
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.105. RAIL FACILITIES. The district may construct,
acquire, improve, maintain, and operate rail facilities and
improvements in aid of those facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.106. DEVELOPMENT CORPORATION POWERS. The district may
exercise the powers given to a corporation under Chapter 505,
Local Government Code, including the power to own, operate,
acquire, construct, lease, improve, and maintain the projects
described by that chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3845.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any
source other than ad valorem taxation.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3845.151, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.153. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may make payments under a
contract from taxes other than operation and maintenance taxes
after the provisions of the contract have been approved by a
majority of the district voters voting at an election held for
that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.154. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
PURPOSES. Taxes the district imposes for water, wastewater, and
drainage facility construction and maintenance purposes, if any,
are for the particular benefit of the area inside the district,
do not generally or directly benefit the area inside the El Paso
County Tornillo Water Improvement District as a whole, and do not
duplicate a tax imposed by the El Paso County Tornillo Water
Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.155. HOTEL OCCUPANCY TAX. (a) The district may
impose a hotel occupancy tax in the manner provided by Section
351.002, Tax Code. A tax imposed under this section may not
exceed the maximum rate provided by Section 351.003(a), Tax
Code.
(b) The district may use revenue from the hotel occupancy tax
for any district purpose that is an authorized use of hotel
occupancy tax revenue under Chapter 351, Tax Code.
(c) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a hotel occupancy tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.156. SALES AND USE TAX. (a) The district may impose
a sales and use tax if authorized by a majority of the voters of
the district voting at an election held for that purpose.
Revenue from the sales and use tax may be used for any purpose
for which ad valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax at a rate
greater than two percent, and the rate of the tax when combined
with the rates of all other sales and use taxes imposed in the
district may not exceed the total combined sales and use tax rate
imposed in the city of El Paso.
(c) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it
is inconsistent with this chapter.
(d) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a sales and use tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.157. AUTHORITY TO TAX. The district may impose taxes
only inside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 3845.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds or other obligations payable wholly
or partly from ad valorem taxes, impact fees, revenue, contract
payments, grants, revenue from economic development agreements
under Chapter 381, Local Government Code, or other district
money, or any combination of those sources, to pay for an
authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.202. TAXES FOR BONDS. (a) At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of an ad valorem
tax, without limit as to rate or amount, as required by Section
54.601, Water Code.
(b) The board shall impose the tax annually while all or part of
the bonds are outstanding. Sections 54.601 and 54.602, Water
Code, govern the amount and rate of the tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects may not
exceed one-fourth of the assessed value of the real property in
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.204. FINANCIAL RESPONSIBILITY OF EL PASO COUNTY
TORNILLO WATER IMPROVEMENT DISTRICT. (a) This chapter may not
be construed as creating an obligation of the El Paso County
Tornillo Water Improvement District for a debt incurred by the
district.
(b) Notwithstanding any other law, the El Paso County Tornillo
Water Improvement District may not be held liable for a debt
incurred by the district unless the debt is assumed by a
resolution of the board of directors of the El Paso County
Tornillo Water Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
State Codes and Statutes
Statutes >
Texas >
Special-district-local-laws-code >
Title-4-development-and-improvement >
Chapter-3845-tornillo-management-district SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3845. TORNILLO MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3845.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Tornillo Management District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.002. NATURE OF DISTRICT. The district is a special
district created under Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The
district is created to serve a public purpose and benefit.
(b) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest and
is essential to:
(1) further the public purposes of developing and diversifying
the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to preserve,
maintain, and enhance the economic health and vitality of the
district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a
street or road improvement.
(g) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3845.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors. Four directors
are elected as provided by Section 3845.052 and three directors
are appointed as provided by Section 3845.053.
(b) Elected directors serve staggered terms of four years.
(c) Appointed directors serve three-year terms and may be
appointed for subsequent terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.053. APPOINTMENT OF DIRECTORS. (a) One director
shall be appointed by a majority vote of the board of directors
of the El Paso County Tornillo Water Improvement District.
(b) One director shall be appointed by a majority vote of the
Commissioners Court of El Paso County.
(c) One director shall be appointed by the board from a list of
persons submitted by the representative for House District 75.
(d) Directors must be appointed under this section not later
than 90 days after the Act creating this chapter becomes law.
This subsection expires January 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.054. QUALIFICATIONS. (a) To be qualified to serve as
an appointed director, a person must be at least 18 years old and
a state resident.
(b) To be qualified to serve as an elected director, a person
must meet the qualifications for an appointed director and be an
owner of real property subject to taxation in the district or a
qualified voter of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.055. INITIAL DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or
owners of a majority of the assessed value of the real property
in the district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial directors the four qualified persons named in the
petition. The commission shall appoint as initial directors the
four persons named in the petition.
(b) The initial directors appointed under Subsection (a) shall
draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 3845.052
and which two shall serve until the second regularly scheduled
election of directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3845.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND DUTIES.
The district has the powers and duties provided by the general
law of this state, including Chapter 375, Local Government Code,
applicable to municipal management districts created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.103. EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.104. WATER AND WASTEWATER FACILITIES AND SERVICES.
(a) The district may not provide wholesale or retail water or
wastewater services to any land inside or outside the boundaries
of the district or produce water for use on land owned or managed
by the district unless authorized by a written resolution of the
board of directors of the El Paso County Tornillo Water
Improvement District. A written resolution authorizing the
provision or production of water or the water or wastewater
services must specify the area authorized to receive the water or
wastewater services or for which the district is authorized to
produce water. Notwithstanding any other law, the El Paso County
Tornillo Water Improvement District is not required to provide
retail water or wastewater services to an area in which the
district is authorized to provide water services.
(b) On written request by the El Paso County Tornillo Water
Improvement District, the district shall convey and transfer to
the El Paso County Tornillo Water Improvement District all water
or wastewater facilities, equipment, and fixtures owned by the
district, including water lines, wastewater lines, meters, wells,
fire hydrants, storage tanks, lagoons, water and wastewater
treatment facilities, and pump and lift stations.
(c) Water or wastewater facilities, equipment, and fixtures
transferred at the request of the El Paso County Tornillo Water
Improvement District shall continue to be used to benefit land in
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.105. RAIL FACILITIES. The district may construct,
acquire, improve, maintain, and operate rail facilities and
improvements in aid of those facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.106. DEVELOPMENT CORPORATION POWERS. The district may
exercise the powers given to a corporation under Chapter 505,
Local Government Code, including the power to own, operate,
acquire, construct, lease, improve, and maintain the projects
described by that chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3845.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any
source other than ad valorem taxation.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3845.151, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.153. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may make payments under a
contract from taxes other than operation and maintenance taxes
after the provisions of the contract have been approved by a
majority of the district voters voting at an election held for
that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.154. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
PURPOSES. Taxes the district imposes for water, wastewater, and
drainage facility construction and maintenance purposes, if any,
are for the particular benefit of the area inside the district,
do not generally or directly benefit the area inside the El Paso
County Tornillo Water Improvement District as a whole, and do not
duplicate a tax imposed by the El Paso County Tornillo Water
Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.155. HOTEL OCCUPANCY TAX. (a) The district may
impose a hotel occupancy tax in the manner provided by Section
351.002, Tax Code. A tax imposed under this section may not
exceed the maximum rate provided by Section 351.003(a), Tax
Code.
(b) The district may use revenue from the hotel occupancy tax
for any district purpose that is an authorized use of hotel
occupancy tax revenue under Chapter 351, Tax Code.
(c) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a hotel occupancy tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.156. SALES AND USE TAX. (a) The district may impose
a sales and use tax if authorized by a majority of the voters of
the district voting at an election held for that purpose.
Revenue from the sales and use tax may be used for any purpose
for which ad valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax at a rate
greater than two percent, and the rate of the tax when combined
with the rates of all other sales and use taxes imposed in the
district may not exceed the total combined sales and use tax rate
imposed in the city of El Paso.
(c) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it
is inconsistent with this chapter.
(d) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a sales and use tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.157. AUTHORITY TO TAX. The district may impose taxes
only inside the district's boundaries.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 3845.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds or other obligations payable wholly
or partly from ad valorem taxes, impact fees, revenue, contract
payments, grants, revenue from economic development agreements
under Chapter 381, Local Government Code, or other district
money, or any combination of those sources, to pay for an
authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.202. TAXES FOR BONDS. (a) At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of an ad valorem
tax, without limit as to rate or amount, as required by Section
54.601, Water Code.
(b) The board shall impose the tax annually while all or part of
the bonds are outstanding. Sections 54.601 and 54.602, Water
Code, govern the amount and rate of the tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects may not
exceed one-fourth of the assessed value of the real property in
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
Sec. 3845.204. FINANCIAL RESPONSIBILITY OF EL PASO COUNTY
TORNILLO WATER IMPROVEMENT DISTRICT. (a) This chapter may not
be construed as creating an obligation of the El Paso County
Tornillo Water Improvement District for a debt incurred by the
district.
(b) Notwithstanding any other law, the El Paso County Tornillo
Water Improvement District may not be held liable for a debt
incurred by the district unless the debt is assumed by a
resolution of the board of directors of the El Paso County
Tornillo Water Improvement District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1079, Sec. 1, eff. June 19, 2009.
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