Texas Local Government Code Title 12, Chapter 382 - Improvement Projects In Certain Counties

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 382.001 - Definitions
  (a) In this chapter: (1) "Board" means the board of directors of a district. (2) "District" means a public improvement district created by a county...
• Texas Section 382.002 - Applicability
  This chapter applies only to: (1) a county with a population of 1.5 million or more, other than a county that: (A) borders on the...
• Texas Section 382.003 - Nature Of District; Purpose
  (a) A district is created under Section 52, Article III, and Section 59, Article XVI, Texas Constitution. (b) By enacting this chapter, the legislature has...
• Texas Section 382.004 - County May Establish District
  A county may create a public improvement district under this chapter if the county determines it is in the county's best interest. A district is...
• Texas Section 382.005 - Applicability; Conflict Of Laws
  This chapter controls to the extent of a conflict between this chapter and Subchapter A, Chapter 372. Transferred from Local Government Code, Subchapter C, Chapter...

SUBCHAPTER B BOARD OF DIRECTORS

• Texas Section 382.006 - Establishment Of Economic Development Projects; Optional Creation Of Public Improvement District
  (a) The commissioners court of a county may on receipt of a petition satisfying the requirements of Section 372.005, establish by order an economic development...
• Texas Section 382.051 - Governing Body; Terms
  If a county elects to delegate the authority granted under this chapter, it shall appoint a board of seven directors to serve staggered two-year terms,...
• Texas Section 382.052 - Eligibility
  (a) To be eligible to serve as a director, a person must be at least 18 years old. (b) If the population of the district...
• Texas Section 382.053 - Vacancies; Quorum
  (a) A board vacancy is filled in the same manner as the original appointment. (b) A vacant board position is not counted for the purposes...
• Texas Section 382.054 - Conflicts Of Interest
  Chapter 171 governs conflicts of interest for directors. Transferred from Local Government Code, Subchapter C, Chapter 372 and amended by Acts 2009, 81st Leg., R.S.,...
• Texas Section 382.055 - Compensation
  (a) For purposes of this section, "performs the duties of a director" means substantial performance of the management of the district's business, including participation in...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 382.056 - Oath And Bond; Officer Elections
  As soon as practicable, a board member shall give the bond and take the oath of office in accordance with Section 375.067, and the board...
• Texas Section 382.101 - County's General Powers And Duties
  (a) A county operating under this chapter has the powers and duties of: (1) a county development district under Chapter 383, except for Section 383.066;...
• Texas Section 382.102 - Development Agreements
  A county may enter into a development agreement with an owner of land in the territory designated for an economic development project, or a district...
• Texas Section 382.103 - Economic Development Agreement; Election; Taxes
  (a) A county may enter into an agreement, only on terms and conditions the commissioners court and a board consider advisable, to make a grant...
• Texas Section 382.104 - Contracts; General
  (a) A district may contract with any person, including the municipality or county, on the terms and conditions and for a period of time the...
• Texas Section 382.105 - Procurement Contracts
  A district may contract for materials, supplies, and construction: (1) in accordance with the laws applicable to counties; or (2) in the same manner that...
• Texas Section 382.106 - Rules; Enforcement
  A county may authorize the board to adopt rules: (1) to administer and operate the district; (2) for the use, enjoyment, availability, protection, security, and...
• Texas Section 382.107 - Fees
  A county may authorize a board to establish, revise, repeal, enforce, collect, and apply the proceeds from user fees or charges for the enjoyment, sale,...
• Texas Section 382.108 - Rules; Regulation Of Roads And Other Public Areas
  (a) A county may authorize a board to adopt rules to regulate the private use of public roadways, open spaces, parks, sidewalks, and similar public...
• Texas Section 382.109 - Road Projects
  (a) To the extent authorized by Section 52, Article III, Texas Constitution, the county may delegate to the district the authority to construct, acquire, improve,...
• Texas Section 382.110 - Utilities
  (a) This chapter does not grant the board any right-of-way management authority over public utilities. (b) To the extent the construction, maintenance, or operation of...
• Texas Section 382.111 - Service Plan Required
  The commissioners court of the county that created the district may require a district to prepare an annual service plan, in the manner provided for...
• Texas Section 382.112 - No Eminent Domain
  A district may not exercise the power of eminent domain. Transferred from Local Government Code, Subchapter C, Chapter 372 and amended by Acts 2009, 81st...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS; TAXES

• Texas Section 382.113 - Annexation Or Exclusion Of Land
  (a) This section applies only to a district created in a county described by Section 382.002(1). (b) A district may annex or exclude land from...
• Texas Section 382.151 - No Tax Abatements
  A county may not grant a tax abatement or enter into a tax abatement agreement for a district. Transferred from Local Government Code, Subchapter C,...
• Texas Section 382.152 - Bonds; Notes
  (a) A district may not issue bonds unless approved by the commissioners court of the county that created the district. Bonds may not be issued...
• Texas Section 382.153 - Authority To Impose Assessments And Ad Valorem, Sales And Use, And Hotel Occupancy Taxes; Election
  (a) A county or a district may accomplish its purposes and pay the cost of services and improvements by imposing: (1) an assessment; (2) an...
• Texas Section 382.154 - Use Of Revenue From Taxes
  A tax authorized by a county to be imposed under this chapter may be used to accomplish any improvement project or road project, or to...
• Texas Section 382.155 - Hotel Occupancy Tax
  (a) A county may authorize a district to impose a hotel occupancy tax on a person who pays for the use or possession of or...
• Texas Section 382.1555 - Use Of Hotel Occupancy Tax For Any Purpose
  (a) If authorized by a county, a district may impose a hotel occupancy tax under Section 382.155 and use the revenue from the tax for...
• Texas Section 382.156 - Sales And Use Tax
  (a) A commissioners court may authorize a district to impose a sales and use tax in increments of one-eighth of one percent up to a...
• Texas Section 382.157 - Ad Valorem Tax
  A commissioners court may authorize a district to impose an ad valorem tax on property in the district in accordance with Chapter 257, Transportation Code....
• Texas Section 382.158 - Borrowing
  The commissioners court may authorize a district to borrow money for any district purpose, including for a development agreement that authorizes the district to borrow...

SUBCHAPTER E ANNEXATION BY MUNICIPALITY; TAXES

• Texas Section 382.159 - Repayment Of Costs
  The commissioners court may authorize a district, by a lease, lease-purchase agreement, installment purchase contract, or other agreement, or by the imposition or assessment of...
• Texas Section 382.201 - Liabilities; Assumption Of Assets After Complete Annexation By Municipality
  (a) If the municipality annexes the entire territory of a district, the municipality shall assume the district's assets, but is not liable for the district's...
• Texas Section 382.202 - Authority To Impose Taxes Of Assessments After Partial Or Complete Annexation
  (a) After a district has been annexed by a municipality wholly or partly for general purposes, the county may not authorize the district to impose...

Last modified: September 28, 2016