Texas Water Code Title 4, Chapter 68 - Ship Channel Security Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 68.001 - Definitions
  In this chapter: (1) "Board" means a district's board of directors. (2) "District" means a ship channel security district created under this chapter. (3) "Security...
• Texas Section 68.002 - Nature Of District; Purpose
  A district is a special district and political subdivision of this state. A district is created under Section 59, Article XVI, Texas Constitution, and is...
• Texas Section 68.003 - Public Purpose Of Security Projects
  A security project is owned, used, and held for public purposes by the district. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011),...
• Texas Section 68.004 - Liberal Construction Of Chapter
  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2007, 80th Leg., R.S., Ch....

SUBCHAPTER B FACILITIES

• Texas Section 68.005 - General Water District Law Not Applicable
  Chapter 49 does not apply to a district. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
• Texas Section 68.051 - Applicability To Facilities
  (a) In this section: (1) "Chemical manufacturers' association" means an association of chemical manufacturers, refiners, and supporting distribution and terminal facility managers that operate in...
• Texas Section 68.052 - Designees For Facility Owners
  A facility's owner may designate a person: (1) to act for the owner in connection with a district; and (2) to bind the owner under...

SUBCHAPTER C CREATION

• Texas Section 68.053 - Use Of Certain Department Of Transportation Property For Ship Channel Security
  (a) In this section, "department" means the Texas Department of Transportation. (b) Use of the department's facilities or property to serve a project aiding security...
• Texas Section 68.101 - District Creation By Certain Populous Counties With Ship Channels
  A district may be created only by the commissioners court of a county with a population of 3.3 million or more that has a ship...
• Texas Section 68.102 - Petition For Creation
  A district may be created only if the commissioners court of the county in which the district is proposed to be created receives a petition...
• Texas Section 68.103 - Contents Of Petition; District Territory
  The petition must: (1) propose a name for the district, which must: (A) generally describe the location of the district; and (B) be of the...
• Texas Section 68.104 - Notice Of Hearing; Contents Of Notice
  (a) The commissioners court of the county in which a district is proposed to be created shall set a date, time, and place for a...
• Texas Section 68.105 - Hearing
  At the hearing, any interested person may appear in person or by attorney, present evidence, and offer testimony for or against the creation of the...
• Texas Section 68.106 - Findings Of Benefit And Public Purpose
  After the hearing, the commissioners court shall consider whether to create the proposed district. The commissioners court must make the following findings before approving a...

SUBCHAPTER D BOARD OF DIRECTORS

• Texas Section 68.107 - Order Creating District; Changes
  (a) If the commissioners court makes the findings under Section 68.106, the commissioners court by order may create the proposed district. (b) The commissioners court...
• Texas Section 68.151 - Governing Body; Composition
  A district is governed by a board of at least 10 but not more than 13 directors, appointed or serving as follows: (1) two directors...
• Texas Section 68.152 - Security Zone Directors
  (a) The commissioners court of the county shall appoint as directors for each security zone the one or two nominees as appropriate for the staggering...
• Texas Section 68.153 - At-large Director
  The director appointed by the commissioners court for the district at large may be: (1) a person employed by a member of an association that...
• Texas Section 68.154 - Municipal Director
  (a) If there is a countywide association of mayors and city councils of municipalities in a county that creates a district, the association shall appoint...
• Texas Section 68.155 - Port Authority; Ex Officio Director
  (a) In this section, "port authority" means a navigation district located wholly or partly in the security district, and created or operating under Section 52,...
• Texas Section 68.156 - Terms; Initial Directors
  (a) Except as provided by Subsection (b), directors serve staggered two-year terms. (b) The initial directors shall stagger their terms, with a majority of the...
• Texas Section 68.157 - Vacancy
  A vacancy in the board is filled by the remaining directors by appointing a person who meets the qualifications for the position, who shall serve...
• Texas Section 68.158 - Quorum
  For purposes of determining whether a quorum of the board is present, a vacant board position is not counted. Added by Acts 2007, 80th Leg.,...
• Texas Section 68.159 - Officers
  The board shall elect from its directors a presiding officer, a secretary, and any other officers the board considers necessary or appropriate. Added by Acts...
• Texas Section 68.160 - 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 68.161 - Meetings
  (a) Except as provided by Subsection (c), the board shall determine the frequency of its meetings and may hold meetings at any time the board...

SUBCHAPTER E POWERS AND DUTIES

• Texas Section 68.162 - Removal
  The board may remove an appointed director for misconduct or failure to carry out the director's duties on receiving a written petition signed by a...
• Texas Section 68.201 - General Powers Of District
  (a) A district has all powers necessary or required to accomplish the purposes for which it was created. (b) A district may do anything necessary,...
• Texas Section 68.202 - Applicability Of Municipal Management Districts Law
  Except as provided by this chapter, a district has the powers of a district created under Chapter 375, Local Government Code. Added by Acts 2007,...
• Texas Section 68.203 - Rules
  The district may adopt rules to govern the operation of the district. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1,...
• Texas Section 68.204 - Name Change
  A board by resolution may change a district's name. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15,
• Texas Section 68.205 - Contracts; Generally
  A district may contract with any person for any district purpose. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff....
• Texas Section 68.206 - Security Projects And Services
  (a) The board shall determine what security projects or security services the district will perform. A security project may include a project eligible for funding...
• Texas Section 68.207 - Contracts For Security Projects Or Services
  (a) A district may contract with any person to plan, establish, develop, construct, renovate, maintain, repair, replace, or operate a security project or to provide...
• Texas Section 68.208 - Contracts For Joint Use Of Security Project
  A district may contract with any person, public or private, for the joint use of a security project. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 68.209 - Contracts With District By Governmental Entity
  This state, a municipality, a county, another political subdivision of this state, or any other person, without further authorization, may contract with the district to...
• Texas Section 68.210 - Property Powers; Generally
  A district may acquire by grant, purchase, gift, devise, lease, or otherwise, and may hold, use, sell, lease, or dispose of any property, and licenses,...
• Texas Section 68.211 - Suits
  A district may sue and be sued. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.

SUBCHAPTER F GENERAL FINANCIAL PROVISIONS

• Texas Section 68.212 - No Eminent Domain Power
  A district may not exercise the power of eminent domain. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June...
• Texas Section 68.251 - Grants; Loans
  A district may apply for and accept a grant or loan from any person, including: (1) the United States; (2) this state; and (3) a...
• Texas Section 68.252 - Payment Of Expenses
  A district may provide for payment of all expenses incurred in its establishment, administration, and operation. Added by Acts 2007, 80th Leg., R.S., Ch. 913...
• Texas Section 68.253 - Taxes Prohibited
  A district may not impose any tax, including a property tax or a sales and use tax. Added by Acts 2007, 80th Leg., R.S., Ch....
• Texas Section 68.254 - Bonds Prohibited
  A district may not issue bonds. Added by Acts 2007, 80th Leg., R.S., Ch. 913 (H.B. 3011), Sec. 1, eff. June 15, 2007.
• Texas Section 68.255 - Quarterly Financial Report By Commissioners Court
  The commissioners court shall provide a quarterly financial report to the board. The report must comply with generally accepted accounting principles and list all federal...

SUBCHAPTER G ASSESSMENTS

• Texas Section 68.256 - Quarterly General Accounting By Board
  The board shall prepare a quarterly accounting of the district's general operating and maintenance costs. The accounting must comply with generally accepted accounting principles. Added...
• Texas Section 68.301 - Authority To Impose Assessment; Hearing Required
  (a) The board may impose one or more assessments against one or more facilities for any district purpose, including for general district purposes or for...
• Texas Section 68.302 - Proposed Assessments
  A security project or security service may be financed under this chapter after a hearing notice given as required by this subchapter and a public...
• Texas Section 68.303 - Notice Of Hearing
  (a) Not later than the 30th day before the date of the hearing, the district shall provide notice of the hearing by certified mail, return...
• Texas Section 68.304 - Conducting Hearing; Findings
  (a) A hearing on a proposed security project or security service, whether conducted by the board or a hearing examiner, may be adjourned from time...
• Texas Section 68.305 - Facilities To Be Assessed
  (a) In accordance with the findings, the board may impose an assessment against all the facilities in the district or any portion of the facilities...
• Texas Section 68.306 - Assessment Rate Change
  After notice and a hearing, the board by majority vote may increase or decrease the rate of assessment. The board must provide notice of the...
• Texas Section 68.307 - Objections; Levy Of Assessment
  (a) At a hearing on proposed assessments, at any adjournment of the hearing, or after consideration of the hearing examiner's report, the board shall hear...
• Texas Section 68.308 - Apportionment Of Assessment
  The board shall apportion the cost of a security project or security service to be assessed against a facility based on any reasonable assessment plan...
• Texas Section 68.309 - Assessment Roll
  (a) Once the estimated total cost of a security project or security service is determined, the board shall impose the assessments against each facility against...
• Texas Section 68.310 - Supplemental Assessments
  After notice and hearing in the manner required for original assessments, the board may make supplemental assessments to correct omissions or mistakes in the assessment:...
• Texas Section 68.311 - Appeal
  (a) Not later than the 30th day after the date that an assessment is adopted, a facility owner may file a notice appealing the assessment...
• Texas Section 68.312 - Appeal Of Resolution
  (a) A facility against which an assessment is made by board resolution may appeal the assessment to a district court in the county in the...
• Texas Section 68.313 - Failure To Pay Assessment; Liens For Assessments
  (a) If an assessed facility fails to pay an assessment as provided in a district's assessment plan, the district may impose a lien against the...
• Texas Section 68.314 - Delinquent Assessments
  A delinquent assessment incurs interest, penalties, and attorney's fees in the same manner as a delinquent ad valorem tax. The owner of a facility may...

SUBCHAPTER H DISSOLUTION

• Texas Section 68.315 - Assessment Of Governmental Entities And Nonprofits
  (a) Except as provided by this section, the district may not impose an assessment on: (1) a governmental entity, including a municipality, county, or other...
• Texas Section 68.351 - Dissolution Of District For Failure To Impose An Assessment
  A district is dissolved if the district has not imposed an assessment before the fifth anniversary of the date of the order creating the district...

SUBCHAPTER I ADDITION AND EXCLUSION OF TERRITORY AND FACILITIES

• Texas Section 68.352 - Dissolution Of District By Board Vote Or Owner Petition
  (a) The board by majority vote may dissolve the district at any time. (b) A district may be dissolved as provided by Section 375.262, Local...
• Texas Section 68.401 - Petition By Board To Add Territory And Facilities
  (a) A board may petition the commissioners court of the county that created the district to add to the district territory that contains a facility...
• Texas Section 68.402 - Hearing And Action On Board's Petition To Add Territory And Facilities
  The commissioners court: (1) shall publish notice and conduct a hearing on the petition under Sections 68.104 and 68.105; and (2) may grant the petition...
• Texas Section 68.403 - Petition By Facility Owner To Add Territory And Facilities
  (a) The owner of a facility in the county may petition the board of a district requesting that the board petition the commissioners court to...
• Texas Section 68.404 - Action On Facility Owner's Petition To Add Territory And Facilities
  The commissioners court may grant the petition. Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011.
• Texas Section 68.405 - Modification Of Order
  A commissioners court that adds territory under this subchapter shall modify the order that created the district under Section 68.107 to: (1) modify the territory;...
• Texas Section 68.406 - Petition By Board To Exclude Territory And Facilities
  (a) On the request of a facility in the district or on its own motion, a board may petition the commissioners court of the county...
• Texas Section 68.407 - Hearing And Action On Board's Petition To Exclude Territory And Facilities
  (a) The commissioners court: (1) shall publish notice and conduct a hearing on the petition under Sections 68.104 and 68.105; and (2) may grant the...

Last modified: September 28, 2016