CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT OF PALO PINTO COUNTY

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3870-maverick-improvement-district-of-palo-pinto-county

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT

CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT

OF PALO PINTO COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3870.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Maverick Improvement District of Palo

Pinto County.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.002. NATURE OF DISTRICT. The district is a special

district created under Section 59, Article XVI, and Sections 52

and 52-a, Article III, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.

The temporary directors shall hold an election to confirm the

creation of the district and to elect five permanent directors as

provided by Section 49.102, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 3870.003 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the district is located has consented by ordinance

or resolution to the creation of the district and to the

inclusion of land in the district.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

district is created to serve a public purpose and benefit. By

creating the district and in authorizing the county of Palo Pinto

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 district is created to accomplish the purposes of

promoting, developing, encouraging, and maintaining employment,

commerce, transportation, housing, tourism, recreation, economic

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

to accomplish the purposes of:

(1) a municipal utility district as provided by general law and

Section 59, Article XVI, Texas Constitution;

(2) a county development district as provided by general law and

Section 52-a, Article III, Texas Constitution;

(3) Section 52, Article III, Texas Constitution, related to the

construction, acquisition, improvement, operation, or maintenance

of macadamized, graveled, or paved roads, or improvements,

including storm drainage, in aid of those roads; and

(4) Section 52-a, Article III, Texas Constitution, related to

the provision of public recreational facilities, including docks

and boat access facilities, pedestrian ways and street lighting

and parking, and the installation of signage and landscaping and

the development of certain areas in the district that are

necessary for the restoration, preservation, and enhancement of

scenic beauty.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.006. 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.

245, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3870.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 3870.052, directors serve

staggered four-year terms.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.052. TEMPORARY DIRECTORS. (a) On or after September

1, 2009, 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 temporary directors the five persons named

in the petition. The commission shall appoint as temporary

directors the five persons named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section

3870.003; or

(2) September 1, 2013.

3870.003 and the terms of the temporary directors have expired,

successor temporary directors shall be appointed or reappointed

as provided by Subsection (d) to serve terms that expire on the

earlier of:

(1) the date permanent directors are elected under Section

3870.003; or

(2) the fourth anniversary of the date of the appointment or

reappointment.

(d) If Subsection (c) applies, 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 successor

temporary directors the five persons named in the petition. The

commission shall appoint as successor temporary directors the

five persons named in the petition.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3870.101. 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.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.

The district has the powers and duties provided by the general

law of this state, including Chapters 49 and 54, Water Code,

applicable to municipal utility districts created under Section

59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.103. ROAD PROJECTS. Under Section 52, Article III,

Texas Constitution, the district may design, acquire, construct,

finance, improve, operate, and maintain macadamized, graveled, or

paved roads, or improvements, including storm drainage, in aid of

those roads, and may convey those roads or improvements to this

state, a county, or a municipality to operate and maintain.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road

project must meet all applicable construction standards, zoning

and subdivision requirements, and regulatory ordinances of a

municipality in whose corporate limits or extraterritorial

jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, the road project

must meet all applicable construction standards, zoning and

subdivision requirements, and orders of a county in which the

road project is located.

Transportation Commission must approve the plans and

specifications of the road project.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. The district shall comply with all applicable

requirements of any ordinance or resolution adopted by the

governing body of a municipality under Section 54.016 or 54.0165,

Water Code, that consents to the creation of the district or to

the inclusion of land in the district.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.106. LIMITATION ON USE OF EMINENT DOMAIN. The

district may exercise the power of eminent domain only inside the

district's boundaries.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.107. AGREEMENTS; GRANTS. (a) The district may make

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

person.

(b) The board may enter into a contract with another political

subdivision or the state to share the costs of construction,

acquisition, operation, or maintenance of a transportation

improvement, including a road, a bridge, a culvert, a parking

facility, or another public improvement.

function or service for the purposes of Chapter 791, Government

Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.108. DIVISION OF DISTRICT. (a) The district may be

divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers

and duties of the district.

not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act creating this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owners of a majority of the assessed value of real

property in the district according to the most recent certified

appraisal roll for the county in which the district is located,

may adopt an order dividing the district. An order dividing the

district may be adopted before or after an election to confirm

the district as required by Section 3870.003.

(e) The board may adopt an order dividing the district before or

after the date the board holds an election under Section 3870.003

to confirm the district's creation.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between

each new district.

(g) On or before the 30th day after the adoption of an order

dividing the district, the district shall file the order dividing

the district with the Texas Commission on Environmental Quality

and record the order in the real property records of the county

in which the district is located.

(h) Any new district created by the division of the district

shall hold a confirmation and directors' election as required by

Section 49.102, Water Code.

(i) Municipal consent to the creation of the district and to the

inclusion of land in the district granted under Section 3870.004

acts as municipal consent to the creation of any new district

created by the division of the district and to the inclusion of

land in the new district.

(j) Any new district created by the division of 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 a maintenance tax or issue bonds payable wholly or partly

from ad valorem taxes.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3870.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 3870.153.

(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.

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.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 3870.151, the

district may impose an operation and maintenance tax on taxable

property in the district as provided by 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.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.153. CONTRACT TAXES. (a) As provided by Section

49.108, Water Code, the district may impose a tax other than an

operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract 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.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.154. POWERS OF COUNTY DEVELOPMENT DISTRICT. The

district has the powers of a county development district provided

by Chapter 383, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.155. SALES AND USE TAX; ELECTION. (a) The district

may adopt a sales and use tax as provided by Chapter 383, Local

Government Code, after an election in which the majority of the

voters of the district 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 3870.151.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.156. SALES AND USE TAX RATE. (a) On adoption of the

tax authorized by Section 3870.155, 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 in the district of taxable items purchased, leased,

or rented from a retailer in the district during the period after

the tax is in effect.

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

in one-eighth of one percent increments not to exceed the maximum

rate authorized by the district voters at the election. The

board may lower the tax rate to the extent it does not impair any

outstanding debt or obligations payable from the tax.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.157. 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 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 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 3870.201. 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, or other district money, or any combination of

those sources, to pay for any authorized district purpose.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.202. TAXES FOR BONDS. At the time the district issues

bonds payable wholly or partly from ad valorem taxes, the board

shall provide for the annual imposition of a continuing direct ad

valorem tax, without limit as to rate or amount, while all or

part of the bonds are outstanding as required and in the manner

provided by Sections 54.601 and 54.602, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

245, Sec. 1, eff. September 1, 2009.

Sec. 3870.203. 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 and

payable from ad valorem taxes 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.

245, Sec. 1, eff. September 1, 2009.

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