Tex. Spec. Dist. Local Laws Code Section 3861.102
Improvement Projects


(a)

The district may provide, or it may enter into contracts with a governmental or private entity to provide, the following types of improvement projects or activities in support of or incidental to those projects:

(1)

a supply and distribution facility or system to provide potable and city-approved nonpotable water to the residents and businesses of the district, including a wastewater collection facility;

(2)

a paved road or street, or turnpike, inside and outside the district to the extent authorized by Section 52, Article III, Texas Constitution;

(3)

the planning, design, construction, improvement, and maintenance of:

(A)

landscaping;

(B)

highway right-of-way or transit corridor beautification and improvement;

(C)

lighting, banners, and signs;

(D)

a street or sidewalk;

(E)

a hiking and cycling path or trail;

(F)

a pedestrian walkway, skywalk, crosswalk, or tunnel;

(G)

a park, lake, garden, recreational facility, sports facility, open space, scenic area, or related exhibit or preserve;

(H)

a fountain, plaza, or pedestrian mall; or

(I)

a drainage or storm-water detention improvement;

(4)

protection and improvement of the quality of storm water that flows through the district;

(5)

the planning, design, construction, improvement, maintenance, and operation of:

(A)

a water or sewer facility; or

(B)

an off-street parking facility or heliport;

(6)

the planning and acquisition of:

(A)

public art and sculpture and related exhibits and facilities; or

(B)

an educational and cultural exhibit or facility;

(7)

the planning, design, construction, acquisition, lease, rental, improvement, maintenance, installation, and management of and provision of furnishings for a facility for:

(A)

a conference, convention, or exhibition;

(B)

a manufacturer, consumer, or trade show;

(C)

a civic, community, or institutional event; or

(D)

an exhibit, display, attraction, special event, or seasonal or cultural celebration or holiday;

(8)

the removal, razing, demolition, or clearing of land or improvements in connection with an improvement project;

(9)

the acquisition and improvement of land or other property for the mitigation of the environmental effects of an improvement project;

(10)

the acquisition of property or an interest in property in connection with an authorized improvement project;

(11)

a special or supplemental service for the improvement and promotion of the district or an area adjacent to the district or for the protection of public health and safety in or adjacent to the district, including:

(A)

advertising;

(B)

promotion;

(C)

tourism;

(D)

health and sanitation;

(E)

public safety;

(F)

security;

(G)

fire protection or emergency medical services;

(H)

business recruitment;

(I)

development;

(J)

elimination of traffic congestion; and

(K)

recreational, educational, or cultural improvements, enhancements, and services; or

(12)

any similar public improvement, facility, or service.

(b)

The district may not undertake a project under this section unless the board determines the project to be necessary to accomplish a public purpose of the district.

(c)

An improvement project must comply with any applicable city requirements, including codes and ordinances.

(d)

The district may not provide, conduct, or authorize any improvement project on the city streets, highways, rights-of-way, or easements without the consent of the governing body of the city.

(e)

Subject to any agreement between the district and the city, the city may:

(1)

by ordinance, order, or resolution require that title to all or any portion of an improvement project vest in the city; or

(2)

by ordinance, order, or resolution or other directive authorize the district to own, encumber, maintain, and operate an improvement project, subject to the right of the city to order a conveyance of the project to the city on a date determined by the city.

(f)

The district shall immediately comply with any city ordinance, order, or resolution adopted under Subsection (e).

(g)

For the purposes of this section, planning, design, construction, improvement, and maintenance of a lake includes work done for drainage, reclamation, or recreation.
Added by Acts 2007, 80th Leg., R.S., Ch. 531 (S.B. 919), Sec. 1, eff. June 16, 2007.

Source: Section 3861.102 — Improvement Projects, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­3861.­htm#3861.­102 (accessed Jun. 5, 2024).

3861.001
Definitions
3861.002
Creation and Nature of District
3861.003
Purpose
3861.004
Findings of Benefit and Public Purpose
3861.005
District Territory
3861.006
Eligibility for Inclusion in Special Zones
3861.051
Governing Body
3861.052
Appointment or Election of Directors
3861.053
Eligibility
3861.054
Vacancy
3861.055
Director’s Oath or Affirmation
3861.056
Officers
3861.057
Compensation
3861.101
General Powers and Duties
3861.102
Improvement Projects
3861.103
General Powers Regarding Contracts
3861.104
Rules
3861.105
Name Change
3861.106
Use of Roadway, Park, or Other Public Area of the District
3861.107
Adding or Removing Territory
3861.108
Economic Development
3861.109
Terms of Employment
3861.110
No Eminent Domain Power
3861.151
General Powers Regarding Financial Matters
3861.152
Borrowing Money
3861.153
Impact Fees and Assessments
3861.154
Certain Residential Property Not Exempt
3861.155
Maintenance and Operation Tax
3861.156
Use of Surplus Maintenance and Operation Money
3861.157
Bond Issuance Plan Required Before Issuing Bonds
3861.158
Bonds and Other Obligations
3861.159
Bond Maturity
3861.160
Taxes for Bonds and Other Obligations
3861.161
Project Development Agreement Required to Impose Taxes or Borrow Money, Including Bonds
3861.201
Division of District
3861.202
Election for Division of District
3861.203
Appointment of Directors of New Districts
3861.204
Continuing Powers and Obligations of New Districts
3861.205
Contract Authority of New Districts
3861.251
Dissolution by City Ordinance
3861.252
Collection of Assessments and Other Revenue
3861.253
Assumption of Assets and Liabilities
3861.0521
Requirement to Elect All Directors

Accessed:
Jun. 5, 2024

§ 3861.102’s source at texas​.gov