§ 387.003 — CREATION AND FUNCTIONS OF DISTRICT.

Texas § 387.003

• Jurisdiction: Texas
• Code LG: Local Government Code

Text

Sec. 387.003. CREATION AND FUNCTIONS OF DISTRICT.
(a) The commissioners court of the county may call an election on the question of creating a county assistance district under this chapter. More than one county assistance district may be created in a county. A district may consist of noncontiguous tracts.
(a-1) A district may perform the following functions in the district:
(1) the construction, maintenance, or improvement of roads or highways;
(2) the provision of law enforcement and detention services;
(3) the maintenance or improvement of libraries, museums, parks, or other recreational facilities;
(4) the provision of services that benefit the public health or welfare, including the provision of firefighting and fire prevention services; or
(5) the promotion of economic development and tourism.
(b) The order calling the election must:
(1) define the boundaries of the district to include any portion of the county in which the combined tax rate of all local sales and use taxes imposed, including the rate to be imposed by the district if approved at the election, would not exceed the maximum combined rate of sales and use taxes imposed by political subdivisions of this state that is prescribed by Sections 321.101 and 323.101 , Tax Code; and
(2) call for the election to be held within those boundaries.
(b-1) If the proposed district includes any territory of a municipality, the commissioners court shall send notice by certified mail to the governing body of the municipality of the commissioners court's intent to create the district. If the municipality has created a development corporation under Chapter 504 or 505 , the commissioners court shall also send the notice to the board of directors of the corporation. The commissioners court must send the notice not later than the 60th day before the date the commissioners court orders the election. The governing body of the municipality may exclude the territory of the municipality from the proposed district by sending notice by certified mail to the commissioners court of the governing body's desire to exclude the municipal territory from the district. The governing body must send the notice not later than the 45th day after the date the governing body receives notice from the commissioners court under this subsection. The territory of a municipality that is excluded under this subsection may subsequently be included in:
(1) the district in an election held under Subsection (f) with the consent of the municipality; or
(2) another district after complying with the requirements of this subsection and after an election under Subsection (f).
(c) The ballot at the election must be printed to permit voting for or against the proposition: "Authorizing the creation of the ____ County Assistance District No.___ (insert name of district) and the imposition of a sales and use tax at the rate of ____ percent (insert appropriate rate) for the purpose of financing the operations of the district."
(d) The district is created if a majority of the votes received at the election favor the creation of the district.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 396 (S.B. 520 ), Sec. 1
(e) If a majority of the votes received at the election are against the creation of the district, the district is not created. The failure to approve the creation of a district under this subsection does not affect the authority of the county to call one or more elections on the question of creating one or more county assistance districts.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233 ), Sec. 21
(e) If a majority of the votes received at the election are against the creation of the district, the district is not created and the county at any time may call one or more elections on the question of creating one or more county assistance districts.
(f) The commissioners court may call an election to be held in an area of the county that is not located in a district created under this section to determine whether the area should be included in the district and whether the district's sales and use tax should be imposed in the area. An election may not be held in an area in which the combined tax rate of all local sales and use taxes imposed, including the rate to be imposed by the district if approved at the election, would exceed the maximum combined rate of sales and use taxes imposed by political subdivisions of this state that is prescribed by Sections 321.101 and 323.101 , Tax Code.
(g) The area in which an election is held under Subsection (f) is included in the district and the sales and use tax is imposed if a majority of the votes received at the election favor inclusion in the district and imposition of the sales and use tax.
(h) If more than one election to authorize a local sales and use tax is held on the same day in the area of a proposed district or an area proposed to be added to a district and if the resulting approval by the voters would cause the imposition of a local sales and use tax in any area to exceed the maximum combined rate of sales and use taxes of political subdivisions of this state that is prescribed by Sections 321.101 and 323.101 , Tax Code, only a tax authorized at an election under this section may be imposed.
(i) In addition to the authority to include an area in a district under Subsection (f), the governing body of a district by order may include an area in the district on receipt of a petition or petitions signed by the owner or owners of the majority of the land in the area to be included in the district. If there are no registered voters in the area to be included in the district, no election is required.
(j) The commissioners court by order may exclude an area from the district if the district has no outstanding bonds payable wholly or partly from sales and use taxes and the exclusion does not impair any outstanding district debt or contractual obligation.
(k) A district annexing territory under this section may annex territory that is not adjacent or contiguous to the district.

Legislative History

Added by Acts 1999, 76th Leg., ch. 1283, Sec. 1, eff. June 18, 1999. Renumbered from Local Government Code Sec. 384.003 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(110), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1252 (H.B. 1937 ), Sec. 2, eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 685 (H.B. 1720 ), Sec. 2, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969 ), Sec. 15.010, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 396 (S.B. 520 ), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233 ), Sec. 21, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 479 (S.B. 1167 ), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1106 (H.B. 3795 ), Sec. 1, eff. June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. 827 (H.B. 1716 ), Sec. 1, eff. September 1, 2017.