Texas Special District Local Laws Code Title 4, Chapter 3897 - Timber Springs Municipal Management District

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 3897.001 - Definitions
  In this chapter: (1) "Board" means the district's board of directors. (2) "Director" means a board member. (3) "District" means the Timber Springs Municipal Management...
• Texas Section 3897.002 - Creation And Nature Of District
  The district is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B. 1184),...
• Texas Section 3897.003 - 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 3897.004 - Findings Of Benefit And Public Purpose
  (a) The district is created to serve a public use and benefit. (b) All land and other property included in the district will benefit from...
• Texas Section 3897.005 - 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...

SUBCHAPTER B BOARD OF DIRECTORS

• Texas Section 3897.006 - Eligibility For Inclusion In Special Zones
  (a) All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created by...
• Texas Section 3897.051 - Governing Body; Terms
  The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring May...
• Texas Section 3897.052 - Election Date
  The board shall hold an election for directors on the uniform election date in May in even-numbered years. Added by Acts 2011, 82nd Leg., R.S.,...
• Texas Section 3897.053 - Eligibility
  (a) To be qualified to serve as a director, a person must be: (1) an owner of real property in the district; or (2) an...
• Texas Section 3897.054 - Vacancy
  (a) The remaining directors shall fill a vacancy on the board by appointing a person who meets the qualifications prescribed by Section 3897.053. (b) If...
• Texas Section 3897.055 - Director's Oath Or Affirmation
  A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the...
• Texas Section 3897.056 - Officers
  The board shall elect from among the directors a chair, a vice chair, and a secretary. Added by Acts 2011, 82nd Leg., R.S., Ch. 656...
• Texas Section 3897.057 - Compensation Of Directors; Reimbursement Of Expenses
  (a) The district may compensate each director in an amount not to exceed $50 for each board meeting. The total amount of compensation a director...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 3897.058 - Initial Directors
  (a) The initial board consists of the following directors: Pos. No.Name of Director 1Charles F. Jordan 2Darren Woody 3Rob Hutchison 4Joe Geer 5Nick Craig(b) Of...
• Texas Section 3897.101 - General Powers And Duties
  The district has the powers and duties necessary to accomplish the purposes for which the district is created. Added by Acts 2011, 82nd Leg., R.S.,...
• Texas Section 3897.102 - Improvement Projects And Services
  The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or...
• Texas Section 3897.103 - Development Corporation Powers
  The district, using money available to the district, may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the...
• Texas Section 3897.104 - Nonprofit Corporation
  (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or...
• Texas Section 3897.105 - Agreements; Grants
  (a) As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any...
• Texas Section 3897.106 - Law Enforcement Services
  To protect the public interest, the district may contract with a qualified party, including a county or a city, to provide law enforcement services in...
• Texas Section 3897.107 - Membership In Charitable Organizations
  The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance...
• Texas Section 3897.108 - Economic Development
  (a) The district may engage in activities that accomplish the economic development purposes of the district. (b) The district may establish and provide for the...
• Texas Section 3897.109 - Water District Powers
  The district has the powers provided by the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including...
• Texas Section 3897.110 - Road District Powers; Exception
  (a) Except as provided by Subsection (b) and Section 3897.117, the district has the powers provided by the general laws relating to road districts and...
• Texas Section 3897.111 - Conflict With Municipal Rule, Order, Or Ordinance
  To the extent a district rule conflicts with a rule, order, or ordinance of a municipality in which the district is located, the municipal rule,...
• Texas Section 3897.112 - Name Change
  The board by resolution may change the district's name. The board shall give written notice of the change to each municipality in which the district...
• Texas Section 3897.113 - 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 3897.114 - Use Of Roadway, Park, Or Other Public Area Or Facility Of District
  (a) The board by rule may regulate the private use of a public roadway, open space, park, sidewalk, or similar public area or facility in...
• Texas Section 3897.115 - Adding Or Removing Territory
  As provided by Subchapter J, Chapter 49, Water Code, the board may add territory to the district, subject to Section 54.016, Water Code, or remove...
• Texas Section 3897.116 - No Eminent Domain Power
  The district may not exercise the power of eminent domain. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B. 1184), Sec. 1, eff. June...

SUBCHAPTER C-1 IMPROVEMENT PROJECTS

• Texas Section 3897.117 - No Toll Roads
  The district may not construct, acquire, maintain, or operate a toll road. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B. 1184), Sec. 1,...
• Texas Section 3897.151 - Municipal Requirements
  (a) An improvement project in a municipality must comply with any applicable municipal requirements, including codes and ordinances. (b) The district may not provide, conduct,...
• Texas Section 3897.152 - Board Determination Required
  The district may not undertake an improvement project unless the board determines the project to be necessary to accomplish a public purpose of the district....
• Texas Section 3897.153 - Location Of Improvement Project
  An improvement project may be inside or outside the district. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B. 1184), Sec. 1, eff. June...
• Texas Section 3897.154 - Lake
  For the purposes of this subchapter, planning, design, construction, improvement, or maintenance of a lake includes work done for drainage, reclamation, or recreation. Added by...
• Texas Section 3897.155 - Water
  (a) An improvement project may include a supply and distribution facility or system to provide potable and nonpotable water to the residents and businesses of...
• Texas Section 3897.156 - Roads
  An improvement project may include a paved, macadamized, or graveled road or street inside and outside the district, to the full extent authorized by Section...
• Texas Section 3897.157 - Storm Water
  An improvement project may include protection and improvement of the quality of storm water that flows through the district. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3897.158 - Parking Or Heliport
  An improvement project may include the planning, design, construction, improvement, maintenance, and operation of an off-street parking facility or heliport. Added by Acts 2011, 82nd...
• Texas Section 3897.159 - Education And Culture
  An improvement project may include the planning and acquisition of: (1) public art and sculpture and related exhibits and facilities; or (2) an educational facility...
• Texas Section 3897.160 - Convention Center
  An improvement project may include the planning, design, construction, acquisition, lease, rental, improvement, maintenance, installation, and management of and provision of furnishings for a facility...
• Texas Section 3897.161 - Demolition
  An improvement project may include the removal, razing, demolition, or clearing of land or improvements in connection with an improvement project. Added by Acts 2011,...
• Texas Section 3897.162 - Mitigation Of Environmental Effects
  An improvement project may include the acquisition and improvement of land or other property for the mitigation of the environmental effects of an improvement project....
• Texas Section 3897.163 - Acquisition Of Property
  If the governing body of the municipality where the improvement project is located consents, an improvement project may include the acquisition of property or an...
• Texas Section 3897.164 - Special Or Supplemental Services
  An improvement project may include a special or supplemental service for the improvement and promotion of the district or an area adjacent to the district...
• Texas Section 3897.165 - Miscellaneous Design, Construction, And Maintenance
  An improvement project may include the planning, design, construction, improvement, and maintenance of: (1) landscaping; (2) highway right-of-way or transit corridor beautification and improvement; (3)...

SUBCHAPTER C-2 CONTRACTS

• Texas Section 3897.166 - Similar Improvement Projects
  An improvement project may include a public improvement, facility, or service similar to a project described by this subchapter. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3897.201 - General Contract Powers
  The district may contract with any person, including a municipality or county in which the district is located, to accomplish any district purpose. Added by...
• Texas Section 3897.202 - Contract Terms
  (a) In this section, "note" includes a bond anticipation note. (b) A contract the district enters into to carry out a purpose of this chapter...
• Texas Section 3897.203 - Reimbursement Of Costs
  The district may contract with any person for the payment, repayment, or reimbursement of costs incurred by that person on behalf of the district, including...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 3897.204 - Contract For Improvement Project
  (a) The district may contract with any person for the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed...
• Texas Section 3897.251 - Project Development Agreement Required To Impose Taxes Or Borrow Money, Including Bonds
  Before the district may issue bonds, impose taxes, or borrow money, the district and each municipality in which the district is located must negotiate and...
• Texas Section 3897.252 - Elections Regarding Taxes And Bonds
  (a) The district may issue, without an election, bonds, notes, and other obligations secured by revenue other than ad valorem taxes. (b) The district must...
• Texas Section 3897.253 - Authority To Borrow Money And To Issue Bonds
  (a) The district may borrow money on terms determined by the board. Section 375.205, Local Government Code, does not apply to a loan, line of...
• Texas Section 3897.254 - Assessments
  (a) The district may impose an assessment on property in the district to pay the cost or the cost of maintenance of any authorized district...
• Texas Section 3897.255 - Petition Required For Financing Services And Improvements With Assessments
  (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement...
• Texas Section 3897.256 - Impact Fees; Exemption
  (a) The district may impose an impact fee on property in the district, including an impact fee on residential or commercial property, only in the...
• Texas Section 3897.257 - Storm Water User Charges
  The district may establish user charges related to the operation of storm water facilities, including the regulation of storm water for the protection of water...
• Texas Section 3897.258 - Nonpotable Water User Charges
  The district may establish user charges for the use of nonpotable water for irrigation purposes, subject to approval of the governing body of the municipality...
• Texas Section 3897.259 - Costs For Improvement Projects
  The district may undertake separately or jointly with other persons, including a municipality or county in which the district is located, all or part of...

SUBCHAPTER E TAXES AND BONDS

• Texas Section 3897.260 - Residential Property Not Exempt
  Section 375.161, Local Government Code, does not apply to the district. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B. 1184), Sec. 1, eff....
• Texas Section 3897.301 - Property Tax Authorized
  The district may impose an ad valorem tax on all taxable property in the district, including industrial, commercial, and residential property, to: (1) pay for...
• Texas Section 3897.302 - Taxes For Bonds And Other Obligations; Election
  (a) If the district issues bond anticipation notes payable from future bond proceeds that are payable wholly or partly from an ad valorem tax, the...
• Texas Section 3897.303 - Maintenance And Operation Tax; Election
  (a) The district may impose a tax for maintenance and operation purposes, including for: (1) planning, constructing, acquiring, maintaining, repairing, and operating all improvement projects,...
• Texas Section 3897.304 - Use Of Surplus Maintenance And Operation Money
  If the district has maintenance and operation tax money that is not needed for the purposes for which it was collected, the money may be...
• Texas Section 3897.305 - Tax Abatement
  The district may enter into a tax abatement agreement in accordance with the general laws of this state authorizing and applicable to a tax abatement...
• Texas Section 3897.306 - Bonds And Other Obligations; Municipal Approval
  (a) The district by competitive bid or negotiated sale may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, future...

SUBCHAPTER F DISSOLUTION

• Texas Section 3897.307 - Bond Maturity
  Bonds may mature not more than 40 years from their date of issue. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B. 1184), Sec....
• Texas Section 3897.351 - Dissolution By Municipal Ordinance
  The largest municipality in which the district is located may dissolve the district by ordinance. Added by Acts 2011, 82nd Leg., R.S., Ch. 656 (S.B....
• Texas Section 3897.352 - Limitation On Dissolution
  The municipality may not dissolve the district until: (1) the district's outstanding bonds have been repaid or defeased; (2) the district's outstanding debt or contractual...
• Texas Section 3897.353 - Collection Of Assessments And Other Revenue
  (a) If the dissolved district has obligations, other than bonds, outstanding secured by and payable from assessments or other revenue, other than ad valorem taxes,...
• Texas Section 3897.354 - Assumption Of Assets And Liabilities
  (a) After the municipality dissolves the district, the municipality assumes the obligations of the district, including any debt payable from assessments or other district revenue....

Last modified: September 28, 2016