Texas Special District Local Laws Code Title 4, Chapter 3828 - Lake View Management And Development District In Henderson County
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 3828.001 - Definitions
In this chapter: (1) "Board" means the board of directors of the district. (2) "Commission" means the Texas Commission on Environmental Quality. (3) "District" means...
- Texas Section 3828.002 - Creation And Nature Of District
(a) The Lake View Management and Development District is a special district created under Section 59, Article XVI, Texas Constitution. (b) The board by resolution...
- Texas Section 3828.003 - Purpose; Legislative Findings
(a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas...
- Texas Section 3828.004 - District Territory
(a) The district is composed of the territory described by Section 3, Chapter 1292, Acts of the 78th Legislature, Regular Session, 2003, as that territory...
SUBCHAPTER B BOARD OF DIRECTORS
- Texas Section 3828.005 - Liberal Construction Of Chapter
This chapter shall be construed liberally in conformity with the findings and purposes stated in this chapter. Added by Acts 2005, 79th Leg., Ch. 729...
- Texas Section 3828.051 - Composition; Terms
(a) The district is governed by a board of five directors who serve staggered terms of four years. (b) The board shall hold an election...
- Texas Section 3828.052 - Eligibility
To be qualified to serve as a director, a person must be at least 18 years of age and: (1) reside in the district; (2)...
- Texas Section 3828.053 - Vacancy
(a) The remaining directors shall fill a vacancy on the board by appointing a person who meets the qualifications prescribed by Section 3828.052. (b) If...
- Texas Section 3828.0535 - Voting Requirement
A concurrence of a majority of the total membership of the board is sufficient for transacting any business of the district. Added by Acts 2009,...
- Texas Section 3828.054 - Director's Bond; Oath Or Affirmation
(a) As soon as practicable after a director is elected or appointed, the director shall execute a bond for $10,000 payable to the district and...
- Texas Section 3828.055 - Officers
The board shall elect from among the directors a presiding officer, a vice presiding officer, a secretary, and any other officers the board considers necessary....
- Texas Section 3828.056 - Compensation
(a) In this section, "performing the duties of a director" means substantive performance of the management or business of the district, including participation in board...
SUBCHAPTER C POWERS AND DUTIES
- Texas Section 3828.058 - District Confirmation Election
(a) As soon as practicable after all initial directors have qualified for office, the initial directors shall hold an organizational meeting and call a confirmation...
- Texas Section 3828.101 - General Powers And Duties
The district has the powers and duties provided by: (1) the general laws relating to conservation and reclamation districts created under Section 59, Article XVI,...
- Texas Section 3828.102 - Improvement Projects
The district may provide, or it may enter into contracts with a governmental or private entity to provide, the following types of improvement projects or...
- Texas Section 3828.103 - General Powers Regarding Contracts
(a) The district may: (1) enter into a contract with any person to accomplish any district purpose, including a contract for: (A) the payment, repayment,...
- Texas Section 3828.104 - Rules
The district may adopt rules: (1) to administer or operate the district; (2) for the use, enjoyment, availability, protection, security, and maintenance of the district's...
- Texas Section 3828.105 - Addition Or Removal Of Territory
The board may add, delete, or exclude territory in the manner provided by Subchapter J, Chapter 49, Water Code, as limited by Section 54.016, Water...
- Texas Section 3828.106 - Eminent Domain
(a) The district may exercise the power of eminent domain inside district boundaries for any public purpose. (b) The district may exercise the power of...
- Texas Section 3828.107 - Nonprofit Corporation
(a) The board by resolution may authorize the incorporation of a nonprofit corporation to assist and act for the district in implementing an improvement project...
- Texas Section 3828.108 - Economic Development
The district may create economic development programs and exercise the economic development powers that: (1) Chapter 380, Local Government Code, provides to a municipality with...
- Texas Section 3828.109 - Terms Of Employment; Compensation
The board may employ and establish the terms of employment and compensation of an executive director or general manager and any other district employees the...
- Texas Section 3828.110 - Use Of Roadway, Park, Or Other Public Area Of The District
(a) The board by rule may regulate the private use of a public roadway, open space, park, sidewalk, or similar public area in the district....
- Texas Section 3828.111 - Zoning By County
(a) If requested by the district to exercise zoning powers, Henderson County may exercise, solely in the district boundaries, the zoning powers granted to counties...
SUBCHAPTER D GENERAL FINANCIAL PROVISIONS
- Texas Section 3828.112 - 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...
- Texas Section 3828.151 - General Powers Regarding Financial Matters
The district may: (1) impose an ad valorem tax on all taxable property in the district; (2) impose an assessment or impact fee in the...
- Texas Section 3828.152 - Impact Fees And Assessments; Exemption
(a) The district may impose an impact fee or assessment, including an impact fee or assessment on residential property, only in the manner provided by...
- Texas Section 3828.153 - Maintenance And Operation Tax; Election
(a) The district may impose a tax for maintenance and operation purposes, including for funds for: (1) planning, constructing, acquiring, maintaining, repairing, and operating all...
- Texas Section 3828.154 - Use Of Surplus Maintenance And Operation Money
If the district has surplus maintenance and operation tax money that is not needed for the purposes for which it was collected, the money may...
- Texas Section 3828.155 - Bonds And Other Obligations
(a) The district may issue bonds in the manner provided by Subchapter J, Chapter 375, Local Government Code, except that Sections 375.207 and 375.208 do...
- Texas Section 3828.156 - Taxes For Bonds And Other Obligations
(a) At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued: (1) the board shall impose a continuing...
- Texas Section 3828.157 - Inapplicability Of Certain Tax Code Provisions
Sections 26.04, 26.05, and 26.07, Tax Code, do not apply to a tax imposed under Section 3828.153 or 3828.156. Added by Acts 2005, 79th Leg.,...
- Texas Section 3828.158 - 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,...
SUBCHAPTER E SALES AND USE TAX
- Texas Section 3828.159 - Use Of Hotel Occupancy Tax
(a) The district may use the proceeds from a hotel occupancy tax imposed under Section 3828.158 for any of the district's purposes and for the...
- Texas Section 3828.201 - Meanings Of Words And Phrases
Words and phrases used in this subchapter that are defined by Chapters 151 and 321, Tax Code, have the meanings assigned by Chapters 151 and...
- Texas Section 3828.202 - Applicability Of Certain Tax Code Provisions
(a) Except as otherwise provided by this subchapter, Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, apply to taxes imposed...
- Texas Section 3828.203 - Authorization; Election
(a) The district may adopt, reduce, or repeal the sales and use tax authorized by this subchapter at an election in which a majority of...
- Texas Section 3828.204 - Effective Date Of Tax
A tax imposed under this subchapter or the repeal or reduction of a tax under this subchapter takes effect on the first day of the...
- Texas Section 3828.205 - Sales And Use Tax Rate
(a) On adoption of the tax authorized by this subchapter, there is imposed a tax of two percent, or the maximum rate at which the...
- Texas Section 3828.206 - Effect Of Annexation Or Exclusion Of Territory
(a) If all or part of the district territory is annexed by a municipality that has adopted and is imposing a sales and use tax,...
SUBCHAPTER F DISSOLUTION OF DISTRICT
- Texas Section 3828.207 - Examination And Receipt Of Information
The district may examine and receive information related to the imposition of a sales and use tax to the same extent as if the district...
- Texas Section 3828.251 - Dissolution
(a) Except as provided by Subsection (b) and the terms of a joint development and operating agreement, the board: (1) may dissolve the district; and...
Last modified: September 28, 2016