Texas Special District Local Laws Code Title 4, Chapter 3906 - Port Isabel Improvement District No. 1

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 3906.001 - Definitions
  In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Port Isabel. (3) "Director" means a board member....
• Texas Section 3906.002 - 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. 1269 (S.B. 1922),...
• Texas Section 3906.003 - 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 3906.004 - 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 3906.005 - 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 3906.006 - Eligibility For Inclusion In Special Zones
  All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created by the...
• Texas Section 3906.051 - 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 June...
• Texas Section 3906.052 - Appointment Of Directors
  The governing body of the city shall appoint directors. Four directors must be appointed from persons recommended by the board as provided by Section 375.064,...
• Texas Section 3906.053 - Qualifications
  (a) The four directors recommended by the board must meet the qualifications described by Section 54.102, Water Code, and by Section 375.064, Local Government Code....
• Texas Section 3906.054 - Affidavit And Abstention From Voting Required
  A director shall comply with Section 171.004, Local Government Code, including the disclosure and abstention requirements of that section. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3906.055 - Removal Of Directors
  Section 375.065, Local Government Code, governs the removal of directors. Added by Acts 2011, 82nd Leg., R.S., Ch. 1269 (S.B. 1922), Sec. 1, eff. June...
• Texas Section 3906.056 - 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 3906.057 - Officers
  The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be...
• Texas Section 3906.058 - Compensation; 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...
• Texas Section 3906.059 - Liability Insurance For Directors
  The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 3906.060 - Initial Directors
  (a) Not later than the 60th day after the effective date of the Act enacting this chapter, the governing body of the city shall appoint...
• Texas Section 3906.101 - Improvement Projects
  The district may provide, or it may enter into contracts with a governmental or private entity to provide, the improvement projects described by Subchapter C-1...
• Texas Section 3906.102 - 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 3906.103 - Road District Powers; Exception
  (a) Except as provided by Subsection (b), the district has the powers provided by the general laws relating to road districts and road utility districts...
• Texas Section 3906.104 - Public Improvement District Powers
  The district has the powers provided by Subchapter A, Chapter 372, Local Government Code, to a municipality or county. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3906.105 - Municipal Management District Powers
  The district has the powers provided by Chapter 375, Local Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 1269 (S.B. 1922), Sec. 1,...
• Texas Section 3906.106 - 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 3906.107 - 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 3906.108 - 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 3906.109 - Law Enforcement Services
  To protect the public interest, the district may contract with a qualified party, including the county or the city, to provide law enforcement services in...
• Texas Section 3906.110 - 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 3906.111 - 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 3906.112 - Parking Facilities
  (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including...
• Texas Section 3906.113 - Annexation Or Exclusion Of Land
  (a) The district may annex land as provided by Subchapter J, Chapter 49, Water Code. (b) The district may exclude land as provided by Subchapter...

SUBCHAPTER C-1 IMPROVEMENT PROJECTS

• Texas Section 3906.114 - Limited Eminent Domain Power To Acquire Seawall
  (a) The district may acquire by condemnation any land, easements, or other property inside the district boundaries only as necessary for the construction of a...
• Texas Section 3906.151 - 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 3906.152 - Location Of Improvement Project
  An improvement project may be located: (1) in the district; or (2) in an area outside but adjacent to the district if the project is...
• Texas Section 3906.153 - Municipal Requirements
  An improvement project in a municipality must comply with any applicable municipal requirements, including codes and ordinances. Added by Acts 2011, 82nd Leg., R.S., Ch....
• Texas Section 3906.154 - Lake Or Other Body Of Water
  For the purposes of this subchapter, planning, design, construction, improvement, or maintenance of a lake or other body of water includes dredging, cleaning, widening, deepening,...
• Texas Section 3906.155 - 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 3906.156 - Roads
  An improvement project may include a paved, macadamized, or graveled road or street to the full extent authorized by Section 52, Article III, Texas Constitution....
• Texas Section 3906.157 - 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 3906.158 - 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 3906.159 - 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 3906.160 - 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 3906.161 - Mitigation Of Environmental Effects; Development Agreement; Transit Project
  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 3906.162 - Acquisition Of Property
  An improvement project may include the acquisition of property or an interest in property in connection with an improvement project, including a project authorized by...
• Texas Section 3906.163 - 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 3906.164 - Miscellaneous Design, Construction, And Maintenance
  An improvement project may include the planning, design, construction, improvement, and maintenance of: (1) a project or service listed in Section 375.112(a)(1), Local Government Code;...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 3906.165 - 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 3906.201 - Borrowing Money
  The district may borrow money for a district purpose by issuing or executing bonds, negotiable or nonnegotiable notes, credit agreements, or other obligations of any...
• Texas Section 3906.202 - General Powers Regarding Payment Of District Bonds, Obligations, Or Other Costs
  The district may provide or secure the payment or repayment of any bond, note, or other temporary or permanent obligation or reimbursement or other contract...
• Texas Section 3906.203 - 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 3906.204 - Notice Of Assessment
  The board shall file notice of an assessment imposed with the county clerk of Cameron County and post the notice on the district's Internet website....
• Texas Section 3906.205 - 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 3906.206 - 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 3906.207 - Costs For Improvement Projects
  The district may undertake separately or jointly with other persons, including the city, all or part of the cost of an improvement project, including an...

SUBCHAPTER E TAXES AND BONDS

• Texas Section 3906.208 - 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. 1269 (S.B. 1922), Sec. 1, eff....
• Texas Section 3906.251 - 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 3906.252 - Property Tax Authorized
  The district may impose an ad valorem tax on all taxable property in the district to: (1) pay for an improvement project of the types...
• Texas Section 3906.253 - 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 3906.254 - 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 3906.255 - Bonds And Other Obligations; Municipal Approval
  (a) The district may issue by public or private sale bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, tax increment...
• Texas Section 3906.256 - Issuance And Approval Of Obligation Powers
  The district has the powers provided by Chapter 1371, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 1269 (S.B. 1922), Sec. 1, eff....
• Texas Section 3906.257 - Bond Maturity
  Bonds may mature not more than 40 years from their date of issue. Added by Acts 2011, 82nd Leg., R.S., Ch. 1269 (S.B. 1922), Sec....
• Texas Section 3906.258 - Taxes For Bonds And Other Obligations
  At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued: (1) the board shall impose a continuing direct...
• Texas Section 3906.259 - Authority To Establish Defined Areas Or Designated Property
  The district may define areas or designate certain property of the district in the manner provided by Subchapter J, Chapter 54, Water Code, regardless of...

SUBCHAPTER F TAX INCREMENT REINVESTMENT ZONE

• Texas Section 3906.260 - Notice Of Tax
  The district shall file notice of a tax imposed with the county clerk of Cameron County and post the notice on the district's Internet website....
• Texas Section 3906.301 - District As Tax Increment Reinvestment Zone
  Without further authorization or procedural requirement, the district is a tax increment reinvestment zone under Chapter 311, Tax Code. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3906.302 - Board; Powers
  (a) The district's board is the board of directors of the tax increment reinvestment zone. (b) The district's board has the powers of the board...
• Texas Section 3906.303 - Base Year Value
  The base year value of the district, for tax increment financing purposes, is the value as of January 1, 2011, of all taxable real property...
• Texas Section 3906.304 - Interlocal Agreements Allowed
  The district and an overlapping taxing unit may enter into an interlocal agreement for the payment of all or a portion of the tax increment...
• Texas Section 3906.305 - Use Of Money
  The district may grant money deposited in the tax increment fund to the district to be used by the district for the purposes permitted for...
• Texas Section 3906.306 - City Consent; Duration
  The city may, in its consent to the creation of the district, determine the portion of tax increment to be paid to the district and...

SUBCHAPTER G DISSOLUTION

• Texas Section 3906.307 - Restrictions On Area Not Applicable
  The area of the district that is a tax increment reinvestment zone is not subject to the limitations provided by Section 311.006(b), Tax Code. Added...
• Texas Section 3906.351 - Dissolution Of District With Outstanding Debt
  (a) The district may be dissolved as provided by Subchapter M, Chapter 375, Local Government Code, except that Section 375.264, Local Government Code, does not...
• Texas Section 3906.352 - Collection Of Assessments And Other Revenue
  (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than ad valorem taxes,...
• Texas Section 3906.353 - Assumption Of Assets And Liabilities
  If the city dissolves the district: (1) the city assumes the obligations of the district, including any bonds or other debt payable from assessments or...

Last modified: September 28, 2016