Texas Local Government Code Title 12, Chapter 383 - County Development Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 383.001 - Short Title
  This chapter may be cited as the County Development District Act. Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff. Sept. 1, 1995....
• Texas Section 383.002 - Legislative Intent
  This chapter furthers the public purpose of developing and diversifying the economy of this state by providing incentives for the location and development of projects...
• Texas Section 383.003 - Findings
  (a) Small and medium-sized counties in this state need incentives for the development of public improvements to attract visitors and tourists to those counties, and...
• Texas Section 383.004 - Definitions
  In this chapter: (1) "Board" means the board of directors of the district. (2) "Bonds" includes notes and other obligations. (3) "Commissioners court" means the...

SUBCHAPTER B CREATION OF DISTRICT; TEMPORARY BOARD

• Texas Section 383.005 - Governmental Agency; Tort Claims
  A district is a governmental agency, a body politic and corporate, and a political subdivision of the state. Section 375.004 applies to a district. Added...
• Texas Section 383.021 - Counties Authorized To Create Districts
  (a) The commissioners court of a county with a population of 400,000 or less, on petition of the owners of land in a proposed district,...
• Texas Section 383.022 - Petition Of Landowners
  To create a district, a petition requesting creation must be filed with the commissioners court of the county in which all of the land in...
• Texas Section 383.023 - Contents Of Petition
  The petition must: (1) describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a...
• Texas Section 383.024 - Commission Hearing; Contents Of Notice
  Before the 61st day after the date a petition is received, the commissioners court shall set a date, time, and place at which the petition...
• Texas Section 383.025 - Notice Of Hearing
  Before the 30th day before the date set for the hearing, notice of the hearing shall be mailed to the developer who signed the petition...
• Texas Section 383.026 - Hearing
  At the hearing, the commissioners court shall examine the petition to ascertain its sufficiency, and any interested person may appear before the commissioners court to...
• Texas Section 383.027 - Granting Or Refusing Petition
  (a) After the hearing, if the commissioners court finds that the petition conforms to the requirements of Section 383.022 and that the creation of the...
• Texas Section 383.028 - Temporary Directors; Vacancy In Office
  (a) If the commissioners court grants the petition, it shall appoint to serve as temporary directors of the district five persons who are qualified under...
• Texas Section 383.029 - Qualification Of Temporary Directors; Organization
  (a) Each temporary director shall execute a bond in accordance with Section 383.046 and shall take an oath of office. (b) The board shall meet...
• Texas Section 383.030 - Confirmation And Sales And Use Tax Election
  The temporary board of directors shall conduct an election in the district to confirm the creation of the district and authorize a sales and use...
• Texas Section 383.031 - Election Order
  An order calling an election under Section 383.030 must state: (1) the nature of the election, including the proposition that is to appear on the...
• Texas Section 383.032 - Notice
  The temporary directors shall give notice of the election by publishing a substantial copy of the election order once a week for two consecutive weeks...
• Texas Section 383.033 - Conduct Of Election
  (a) The election shall be held in accordance with the provisions of the Election Code, to the extent not inconsistent with this chapter. (b) The...

SUBCHAPTER C ADMINISTRATIVE PROVISIONS; BOARD OF DIRECTORS

• Texas Section 383.034 - Results Of Election
  (a) After the election, the presiding judge shall make returns of the result to the temporary board of directors. The temporary board of directors shall...
• Texas Section 383.041 - Board Of Directors; Terms
  (a) A district is governed by a board of five directors appointed by the commissioners court of the county in which the district is located....
• Texas Section 383.042 - Qualifications Of Director
  To be qualified to serve as a director, a person must be at least 21 years of age, a resident citizen of this state, and...
• Texas Section 383.043 - Persons Disqualified To Serve
  Section 50.026, Water Code, applies to a director of a district. Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff. Sept. 1, 1995....
• Texas Section 383.044 - Removal Of Director
  The commissioners court, after notice and hearing, may remove a director for misconduct or failure to carry out the director's duties if petitioned by a...
• Texas Section 383.045 - Board Vacancy
  A vacancy in the office of director shall be filled by appointment of the commissioners court. Added by Acts 1995, 74th Leg., ch. 995, Sec....
• Texas Section 383.046 - Director's Compensation; Bond And Oath Of Office
  A director is not entitled to receive compensation for service on the board. Sections 375.067, 375.069, and 375.070 apply to a director. Added by Acts...
• Texas Section 383.047 - Officers
  After each appointment of directors by the commissioners court, and after the directors have qualified by taking the proper oath, the directors shall organize by...
• Texas Section 383.048 - Quorum; Officers' Duties
  (a) Three directors constitute a quorum and a concurrence of three is sufficient in any matter relating to the business of the district. (b) The...
• Texas Section 383.049 - Bylaws
  The board may adopt bylaws to govern: (1) the time, place, and manner of conducting board meetings; (2) the powers, duties, and other responsibilities of...
• Texas Section 383.050 - Management Of District
  (a) The board has control over and shall manage the affairs of the district and shall employ any person, firm, partnership, or corporation the board...
• Texas Section 383.051 - Director Interested In Contract
  (a) A director who is financially interested in a contract with the district or a director who is an employee of a person who or...
• Texas Section 383.052 - District Office
  The board shall designate and establish a district office in the county. Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff. Sept. 1,...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 383.053 - 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 383.061 - General Powers Of District
  (a) A district may acquire and dispose of projects and has all of the other powers, authority, rights, and duties that will permit accomplishment of...
• Texas Section 383.062 - Suits
  A district, after it is created and confirmed, through its directors may sue and be sued in any court of this state in the name...
• Texas Section 383.063 - Eminent Domain
  (a) A district that is not located within a municipality may exercise the power of eminent domain to acquire land or interests in land in...
• Texas Section 383.064 - Expenditures
  A district's money may be disbursed only by check, draft, order, or another instrument that must be signed by at least three directors. The general...
• Texas Section 383.065 - Purposes For Borrowing Money
  The district may borrow money for any corporate purpose or combination of corporate purposes. Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff....

SUBCHAPTER E BONDS

• Texas Section 383.066 - Repayment Of Organizational Expenses
  (a) The directors may pay: (1) all costs and expenses necessarily incurred in the creation and organization of the district; (2) the cost of investigation...
• Texas Section 383.081 - Issuance Of Bonds
  The district may issue bonds for the purpose of defraying all or part of the cost of any project as provided in this chapter. Sections...
• Texas Section 383.082 - Manner Of Repayment Of Bonds
  The board may provide for the payment of principal of and interest and redemption price on bonds: (1) from taxes; (2) by pledging all or...
• Texas Section 383.083 - Use Of Bond Proceeds
  The district may use bond proceeds to: (1) pay interest on the bonds during and after the period of the acquisition or construction of a...

SUBCHAPTER F SALES AND USE TAX

• Texas Section 383.084 - Adding And Excluding Land From The District
  (a) Before the board issues bonds, the board, on its own motion or on request of a landowner in the district, may petition the commissioners...
• Texas Section 383.101 - Sales And Use Tax
  (a) A district may impose a sales and use tax for the benefit of the district if authorized by a majority of the qualified voters...
• Texas Section 383.102 - 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 383.103 - Tax Rates
  The permissible rates for a local sales and use tax levied under this chapter are one-fourth of one percent, three-eighths of one percent, and one-half...
• Texas Section 383.104 - 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 383.105 - Use Of Tax
  Taxes collected under this subchapter may be used only for the purposes for which the district was created, and the district may pledge the revenue...

SUBCHAPTER G COMPETITIVE BIDDING

• Texas Section 383.106 - Limitation On Adoption Of Tax
  (a) A district may adopt a tax under this subchapter only if as a result of adoption of the tax the combined rate of all...
• Texas Section 383.111 - Competitive Bidding
  Sections 375.221 and 375.223 apply to a district created under this chapter. Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff. Sept. 1,...

SUBCHAPTER H DISSOLUTION

• Texas Section 383.112 - Exemption
  Notwithstanding any other provision of this chapter to the contrary, any contract between the district and a governmental entity or nonprofit corporation created under the...
• Texas Section 383.121 - Dissolution Of District
  A district may be dissolved only as provided by this subchapter. Added by Acts 1995, 74th Leg., ch. 995, Sec. 5, eff. Sept. 1, 1995....
• Texas Section 383.122 - Dissolution By Order Of Commissioners Court
  (a) The board may petition the commissioners court to dissolve the district if a majority of the board finds at any time: (1) before the...
• Texas Section 383.123 - Dissolution Of District On Agreement With Municipality
  A district may be dissolved by agreement between the governing body of a municipality and the board if all of the territory in the district...

Last modified: September 28, 2016