Texas Special District Local Laws Code Title 4, Chapter 3833 - Espada Development District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 3833.001 - Definitions
  In this chapter: (1) "Board" means the board of directors of the district. (2) "Bond" means any type of interest-bearing obligation, including a bond, note,...
• Texas Section 3833.002 - Espada Development District
  The Espada Development District is a special district created under Sections 52 and 52-a, Article III, Section 1-g, Article VIII, and Section 59, Article XVI,...
• Texas Section 3833.003 - Municipal Consent Required; Conditions
  (a) Unless the governing body of the city by resolution consents to the creation of the district before January 1, 2007: (1) the board may...
• Texas Section 3833.004 - Confirmation Election Required
  If the creation of the district is not confirmed at a confirmation election held under Section 3833.024 before September 1, 2009: (1) the district is...
• Texas Section 3833.005 - Purpose; Declaration Of Intent
  (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 3833.006 - Findings Of Benefit And Public Purpose
  (a) The district is created to serve a public use and benefit. (b) The creation of the district is in the public interest and is...
• Texas Section 3833.007 - District Territory
  (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified...
• Texas Section 3833.008 - Compliance With Municipal Consent Resolutions
  The district shall comply with all terms and conditions of any resolution adopted by the governing body of the city that consents to the creation...
• Texas Section 3833.009 - Applicability Of Other Water Districts Law
  Except as otherwise provided by this chapter, Chapter 49, Water Code, does not apply to the district. Added by Acts 2005, 79th Leg., Ch. 468...

SUBCHAPTER B BOARD OF DIRECTORS

• Texas Section 3833.010 - Liberal Construction Of Chapter
  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2005, 79th Leg., Ch. 468...
• Texas Section 3833.051 - Board Of Directors; Terms
  The district is governed by a board of five directors who serve staggered four-year terms, with two or three directors' terms expiring June 1 of...
• Texas Section 3833.052 - Qualifications
  (a) To be qualified to serve as a director, a person must be at least 18 years of age and be eligible to vote in...
• Texas Section 3833.053 - Appointment Of Directors
  The governing body of the city shall appoint the district's directors. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June...
• Texas Section 3833.054 - Nonvoting Directors
  (a) The following persons serve as nonvoting directors: (1) the directors of the following departments of the city or a person designated by that director:...
• Texas Section 3833.055 - Quorum
  Nonvoting directors are not counted for purposes of determining whether a quorum is present. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec....
• Texas Section 3833.056 - Vacancy
  A vacancy on the board is filled for the remainder of the unexpired term in the same manner as the original appointment. Added by Acts...
• Texas Section 3833.057 - General Voting Requirements
  Except as provided by Section 3833.251, three directors must approve any official district action. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec....
• Texas Section 3833.058 - Compensation
  A director is not entitled to compensation for service on the board but is entitled to reimbursement for necessary and reasonable expenses incurred in carrying...
• Texas Section 3833.059 - Removal Of Directors
  A board majority may petition the city's governing body to remove a director for misconduct or failure to carry out the director's duties. The governing...

SUBCHAPTER C PUBLIC IMPROVEMENTS

• Texas Section 3833.060 - Applicability Of Other Water Districts Law
  Subchapter C, Chapter 49, Water Code, applies to the district, except for Sections 49.053, 49.055, and 49.060. Added by Acts 2005, 79th Leg., Ch. 468...
• Texas Section 3833.101 - General Improvements Powers; Limit
  (a) The district has all powers necessary to acquire, construct, and maintain improvements specified by this subchapter. (b) The district may not exercise a power...
• Texas Section 3833.102 - Water-related Improvements
  The district may acquire, construct, or maintain stormwater, drainage and detention facilities, sanitary sewer lines and pump stations, and water lines and pump stations. Added...
• Texas Section 3833.103 - Road-related Improvements; Reimbursement To Private Party
  (a) The district may acquire, construct, or maintain streets and alleys, including sidewalks, streetscapes, street signs, traffic signals, and street lights. (b) For construction that...
• Texas Section 3833.104 - Transit Facilities
  The district may acquire, construct, or maintain transit facilities. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.105 - Public Parking Facilities
  The district may acquire, construct, or maintain public parking facilities. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17,
• Texas Section 3833.106 - Public Art
  The district may acquire, construct, or maintain public art. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.107 - Parks And Open Spaces
  The district may acquire, construct, or maintain parks and open spaces. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June...
• Texas Section 3833.108 - Pedestrian Linkages
  The district may acquire, construct, or maintain pedestrian linkages. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.109 - Library, Police Station, Fire Station; City Consent Required
  After obtaining the city's consent by resolution, the district may acquire, construct, and maintain a library, police station, or a fire station. Added by Acts...
• Texas Section 3833.110 - Gas And Electric Transmission Lines
  The district may acquire, construct, or maintain gas or electric transmission lines and related appurtenances. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892),...
• Texas Section 3833.111 - City Consent Required For Certain Roads And City Property
  Before the district begins a project that involves the use of the rights-of-way of streets, roads, or highways or the use of municipal land or...
• Texas Section 3833.112 - Application Of Interlocal Cooperation Act
  For purposes of Chapter 791, Government Code, the implementation of an improvement under this subchapter is a governmental function or service. Added by Acts 2005,...

SUBCHAPTER D TRANSFER OF PUBLIC IMPROVEMENTS

• Texas Section 3833.113 - Acquisition Of Certain Encumbered Property Prohibited
  The district may not acquire an improvement under this subchapter that has a lien on it or is otherwise encumbered. Added by Acts 2005, 79th...
• Texas Section 3833.151 - Transfer Of Certain Improvements Required
  (a) Subject to Section 3833.155, the district shall transfer an improvement as provided by this section when the district acquires or completes the improvement and...
• Texas Section 3833.152 - Construction Standards
  A public improvement required to be transferred under this subchapter must be constructed in compliance with the requirements and specifications established by the appropriate receiving...
• Texas Section 3833.153 - Optional Transfer For Certain Improvements
  (a) The district may retain bus terminals or may transfer the bus terminals to the VIA Metropolitan Transit Authority or any successor regional transportation authority...
• Texas Section 3833.154 - Partial Transfer In Stages
  The district may transfer part of an improvement as provided by this subchapter if the district constructs the improvement in stages. Added by Acts 2005,...
• Texas Section 3833.155 - Transfer Without Debt Required
  The district shall convey all improvements that it is required to transfer under this subchapter without debt or other encumbrance. Added by Acts 2005, 79th...
• Texas Section 3833.156 - Ownership And Responsibility After Transfer
  (a) After a transfer under this subchapter, the receiving entity owns the improvement and has sole jurisdiction and control over the improvement. On acceptance of...
• Texas Section 3833.157 - Contract With District To Maintain Improvement After Transfer
  The district may contract with the receiving entity to provide a higher level of maintenance to an improvement transferred under this subchapter. The district shall...

SUBCHAPTER E OTHER GENERAL POWERS AND DUTIES

• Texas Section 3833.158 - Effect Of Conveyance On District Debt
  Conveyance of a public improvement to the appropriate entity under this subchapter does not affect: (1) the sole responsibility of the district to pay in...
• Texas Section 3833.201 - Contracts
  In addition to the powers granted by Section 49.057, Water Code, the district may contract with any person for any district purpose, including governmental entities,...
• Texas Section 3833.202 - Contract Elections
  Section 49.108, Water Code, applies to the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.203 - Grants; Loans
  The district may accept a grant or loan from any person for any district purpose. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892),...
• Texas Section 3833.204 - Property
  The district may acquire or dispose of any property right in any manner necessary, convenient, or useful to exercise a district power. Added by Acts...
• Texas Section 3833.205 - Surplus Property
  (a) The district may sell, lease, or otherwise dispose of any property right that is not necessary for or, if the property right is a...
• Texas Section 3833.206 - Recreational Facilities
  In addition to the district's powers under Section 3833.106 or 3833.107, Subchapter N, Chapter 49, Water Code, applies to the district. Added by Acts 2005,...
• Texas Section 3833.207 - Hearings
  The district may conduct hearings and take testimony and proof, under oath or affirmation, at public hearings, on any matter necessary to implement a district...
• Texas Section 3833.208 - Notices, Reports, And Bankruptcy
  (a) Except as provided by Subsection (b), Subchapter M, Chapter 49, Water Code, applies to the district. (b) Section 49.454, Water Code, does not apply...
• Texas Section 3833.209 - Annexation Of Developer's Property; Tax Increment Reinvestment Zone; Services
  (a) In this section, "developer" means a person who owns a tract of land in the district and who has divided or proposes to divide...
• Texas Section 3833.210 - Prohibition On Utility Services
  The district may not provide electric, gas, water, sewer, drainage, or flood control services to residential, retail, or commercial customers in or outside the district....
• Texas Section 3833.211 - Use And Alteration Of Public Ways
  (a) The district may not change, alter, or damage the property, including facilities, of the state or any other governmental entity or of owners providing...

SUBCHAPTER F GENERAL FINANCIAL PROVISIONS

• Texas Section 3833.212 - No Eminent Domain Power
  The district may not exercise the power of eminent domain. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17,
• Texas Section 3833.251 - Board Vote Required To Impose Taxes Or Issue Bonds
  The district may not impose a tax or issue bonds unless four directors vote in favor of the tax or the issuance of bonds. Added...
• Texas Section 3833.252 - Borrowing Money
  The district may borrow money on terms and conditions the board determines. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff....
• Texas Section 3833.253 - Applicability Of Water Districts Law On General Fiscal Provisions
  (a) Except as provided by Subsection (b), Subchapter E, Chapter 49, Water Code, applies to the district. (b) Section 49.153, Water Code, does not apply...
• Texas Section 3833.254 - Insurance
  The district may obtain insurance and pay premiums to insurers for insurance of any type in amounts considered necessary or advisable by the board. Added...
• Texas Section 3833.255 - Disadvantaged Businesses
  Section 375.222, Local Government Code, applies to the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.256 - Audit
  (a) The board shall have the district's fiscal accounts and records audited annually. The audit must be completed not later than the 120th day after...
• Texas Section 3833.257 - State Auditor
  The state auditor may audit the financial transactions of the district if the state auditor determines the audit is necessary. Added by Acts 2005, 79th...
• Texas Section 3833.258 - Financial Reports
  (a) The district shall keep a full and itemized account of district money. These accounts must be available for audit. (b) Financial statements must be...
• Texas Section 3833.259 - Applicability Of Water Districts Law On Construction, Equipment, Materials, And Machinery Contracts
  (a) Except as provided by Subsection (b), Subchapter I, Chapter 49, Water Code, applies to the district. (b) Section 49.279, Water Code, does not apply...
• Texas Section 3833.260 - Prevailing Wage Rates; City
  The district shall use the prevailing wage rate in the city for purposes of complying with Section 2258.022, Government Code. Added by Acts 2005, 79th...
• Texas Section 3833.261 - High Technology Procurement
  In making a high technology procurement, the district must comply with Sections 252.021(a) and 252.042, Local Government Code, in the same manner as a municipality...

SUBCHAPTER G TAXES

• Texas Section 3833.262 - Assessments Or Impact Fees Not Authorized
  The district may not impose an assessment or impact fee. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17,
• Texas Section 3833.301 - Ad Valorem Taxes For Maintenance And Operation Or To Pay Bonds
  Section 49.107, Water Code, and Subchapter G, Chapter 54, Water Code, apply to the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892),...
• Texas Section 3833.302 - Eligibility For Inclusion In Special Zones
  (a) All or any part of the area of the district is eligible to be included in a tax increment reinvestment zone created by the...
• Texas Section 3833.303 - No Sales And Use Tax
  The district may not impose a sales or use tax. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17,

SUBCHAPTER H BONDS

• Texas Section 3833.304 - No Tax Phase-ins And Abatements
  The district may not grant a tax abatement or phase-in under Chapter 311 or 312, Tax Code, or any other law. Added by Acts 2005,...
• Texas Section 3833.351 - Bonds And Other Obligations
  (a) The district may issue bonds payable wholly or partly from ad valorem taxes, revenue, grants, or other money of the district, or any combination...
• Texas Section 3833.352 - City Consent For Public Improvements Bonds
  Before issuing any bonds in connection with an improvement under Subchapter C or Section 3833.206, the district must obtain the approval of the city's governing...
• Texas Section 3833.353 - City Not Required To Pay District Obligations
  Except as provided by Section 3833.452, the city is not required to pay a bond, note, or other obligation of the district. Added by Acts...
• Texas Section 3833.354 - Applicability Of Municipal Utility Districts Bonds Law
  Sections 54.510, 54.512, 54.518, 54.520, and 54.521, Water Code, apply to the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1,...
• Texas Section 3833.355 - Bond Sales
  Section 49.183, Water Code, applies to the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.356 - Bond Elections; General
  Section 49.106, Water Code, applies to the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
• Texas Section 3833.357 - Bond Election Required
  The district may not issue bonds payable in whole or in part from taxes unless the issuance is approved by a majority of the registered...
• Texas Section 3833.358 - Bond Election Not Required
  The district may issue bonds payable only from sources other than taxes without an election. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892),...

SUBCHAPTER I ADDITIONAL ELECTION PROVISIONS

• Texas Section 3833.359 - Pledges
  (a) The district may pledge to the payment of the principal or interest or any other amounts due under district bonds all or any part...
• Texas Section 3833.401 - Time Of Election
  An election held under this chapter may be held at the same time and in conjunction with any other election. Added by Acts 2005, 79th...

SUBCHAPTER J DISSOLUTION

• Texas Section 3833.402 - Election Called By Board
  The board may call an election for the purpose of voting on any measure. Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec....
• Texas Section 3833.451 - Dissolution By City Vote
  The governing body of the city, by a vote of not less than two-thirds of its membership, may by resolution dissolve the district. Added by...
• Texas Section 3833.452 - Assets And Liabilities To City
  After a dissolution under this subchapter, the city assumes all debts and assets of the district. Added by Acts 2005, 79th Leg., Ch. 468 (S.B....

Last modified: September 28, 2016