Texas Local Government Code Title 10, Chapter 326 - Library Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 326.001 - Findings
  The legislature finds that: (1) children and other residents of many rural and suburban areas of the state do not have convenient access to a...
• Texas Section 326.002 - Purpose
  The purpose of a library district is to establish, equip, and maintain one or more public libraries for the dissemination of general information relating to...
• Texas Section 326.003 - Definitions
  In this chapter: (1) "Board" means the board of trustees of a district. (2) "District" means a library district created under this chapter. (3) "Municipal...

SUBCHAPTER B CREATION OF DISTRICT

• Texas Section 326.004 - District Authorization
  (a) A library district may be created and must be maintained, operated, and financed as provided by this chapter. (b) A district created under this...
• Texas Section 326.021 - Confirmation Election
  A district may be created and a sales and use tax may be authorized only if the creation is confirmed and the tax is approved...
• Texas Section 326.022 - Territory Included In A District
  (a) A district may include any contiguous territory within a single county. (b) The district may include incorporated or unincorporated territory. (c) If the boundaries...
• Texas Section 326.023 - Petition For Creation Of District
  (a) Before a district may be created, the commissioners court of the county in which the proposed district is located must receive a petition signed...
• Texas Section 326.024 - Payment Of Election Costs
  The commissioners court may not order the creation of the district or a confirmation election until the petitioners deposit with the county clerk an amount...
• Texas Section 326.025 - Filing Of Petition; Hearing; Ordering Election
  (a) At the next regular or special session of the commissioners court held after the petition is filed with the commissioners court, the commissioners court...
• Texas Section 326.026 - Election Order
  In addition to the elements required to be included by the Election Code, the election order must state: (1) the ballot proposition stating the measure...
• Texas Section 326.027 - Notice
  (a) The commissioners court shall give notice of the election by publishing a substantial copy of the election order once a week for two consecutive...
• Texas Section 326.028 - Ballot Proposition
  (a) The ballot for the election shall be printed to permit voting for or against the proposition: "The creation of the __________ (name of district)...
• Texas Section 326.029 - Results Of Election
  (a) If a majority of the votes received in the election favor the creation of the district and the adoption of the sales and use...

SUBCHAPTER C DISTRICT ADMINISTRATION

• Texas Section 326.030 - Initial Trustees
  (a) The commissioners court shall declare the five persons receiving the highest number of votes for trustee to be elected as trustees. (b) The two...
• Texas Section 326.041 - Board Of Trustees
  A district shall be governed by a board of five trustees. Added by Acts 1997, 75th Leg., ch. 1204, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 326.042 - Registered Voter Requirement
  A person may not be elected to the board of trustees unless the person is a resident of the district and a registered voter of...
• Texas Section 326.043 - Election Of Trustees; Term Of Office
  (a) Trustees shall serve two-year terms. (b) The general election for trustees shall be held annually on an authorized uniform election date under Chapter 41,...
• Texas Section 326.0431 - Write-in Candidacies
  Write-in votes may be counted only for names appearing on a list of write-in candidates, in the manner that Subchapter C, Chapter 146, Election Code,...
• Texas Section 326.0432 - Election Of Unopposed Candidate
  Subchapter C, Chapter 2, Election Code, applies to the election of an unopposed candidate for the office of trustee after the election of the initial...
• Texas Section 326.044 - Board Vacancy
  A vacancy in the office of a trustee shall be filled by appointment by the remaining trustees. Added by Acts 1997, 75th Leg., ch. 1204,...
• Texas Section 326.045 - Officers
  After the trustees have assumed office, the trustees shall elect from among the trustees a president, a vice president, a secretary, and any other officers...
• Texas Section 326.046 - Quorum; Officers' Duties
  (a) Three trustees constitute a quorum and a concurrence of three is sufficient in any matter relating to the business of the district. (b) The...
• Texas Section 326.047 - Bylaws
  The board may adopt bylaws to govern: (1) the time, place, and manner of conducting board meetings; (2) the powers, duties, and responsibilities of the...
• Texas Section 326.048 - Meetings And Notice
  (a) The board may establish regular meetings to conduct district business and may hold special meetings at other times as the business of the district...
• Texas Section 326.049 - Management Of District
  (a) The board has control over and shall manage the affairs of the district. (b) The board shall employ any person, firm, partnership, or corporation...
• Texas Section 326.050 - Library Director
  The board may employ a library director to administer the affairs of the district under policies established by the board. The board shall set the...
• Texas Section 326.051 - Bond
  The board may require an officer or employee to execute a bond payable to the district and conditioned on the faithful performance of the person's...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 326.052 - Trustee Interested In Contract
  (a) A trustee who is financially interested in a contract with the district, or a trustee who is an employee of a person that is...
• Texas Section 326.061 - General Powers Of District
  (a) A district has all of the powers, authority, rights, and duties that will permit the accomplishment of the purposes for which the district was...
• Texas Section 326.062 - Employee Plans
  (a) The board may provide for and administer a workers' compensation, health benefit, retirement, disability, or death compensation plan for the employees of the district....
• Texas Section 326.063 - Suits
  (a) A district may sue and be sued in any court of this state in the name of the district. (b) All courts of this...
• Texas Section 326.064 - Rules
  (a) The board may adopt reasonable rules to accomplish the purposes of the district. (b) The board may set monetary charges in reasonable amounts for...
• Texas Section 326.065 - Fees
  (a) A district may impose any necessary charges or fees for providing a district service. (b) A district may discontinue a service to enforce payment...
• Texas Section 326.066 - Depository
  (a) The board shall designate one or more banks inside or outside of the district to serve as the depository for district money. (b) Tax...
• Texas Section 326.067 - Investments
  (a) Tax revenue of the district may be invested in an obligation that is an authorized investment for the state. (b) District money other than...
• Texas Section 326.068 - Expenditures
  A district's money may be disbursed only by check, draft, order, or another instrument that must be signed by one or more officers or employees...
• Texas Section 326.069 - Accounts And Records; Audits
  (a) The district shall keep a complete system of accounts. (b) The district shall have an annual audit of the affairs of the district performed...
• Texas Section 326.070 - Fiscal Year
  The fiscal year of the district is from January 1 to December 31, unless the board adopts another fiscal year. Added by Acts 1997, 75th...
• Texas Section 326.071 - Repayment Of Organizational Expenses
  (a) The district may: (1) pay all costs and expenses necessarily incurred in the creation and organization of the district; and (2) reimburse any entity...

SUBCHAPTER E SALES AND USE TAX

• Texas Section 326.072 - Gifts, Grants, And Donations
  A district may accept and administer a gift, grant, or donation from any source to carry out the purposes of this chapter. Added by Acts...
• Texas Section 326.091 - Sales And Use Tax
  (a) If a district adopts the tax, there is imposed a tax on the receipts from the sale at retail of taxable items in the...
• Texas Section 326.092 - Imposition, Computation, Administration, And Governance Of Tax
  (a) Chapter 323, Tax Code, to the extent not inconsistent with this chapter, governs the imposition, computation, administration, and governance of the tax under this...
• Texas Section 326.093 - Tax Rates
  The permissible rates for a local sales and use tax levied under this chapter are one-eighth of one percent, one-fourth of one percent, three-eighths of...
• Texas Section 326.094 - Abolition Of Or Change In Tax Rate
  (a) The board by order may decrease or abolish the local sales and use tax rate or may call an election to increase, decrease, or...
• Texas Section 326.095 - Use Of Tax
  Taxes collected under this subchapter may be used only for the purposes for which the district was created and may be pledged as collateral for...
• Texas Section 326.096 - Limitation On Adoption Of Tax
  A district may adopt a tax under this subchapter only if as a result of adoption of the tax the combined rate of all local...

Last modified: September 28, 2016