Law:Title 5. Transportation. Subtitle B. Road And Road Utility Districts (Texas)

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Subtitle B. Road And Road Utility Districts

Contents

Chapter 5201. Galveston County Road District No. 1

Subchapter A. General Provisions

Section 5201.001.  Definition. In

this chapter, "district" means Galveston County Road District No. 1.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.002.  Nature Of District.

(a) Galveston County Road District No. 1 is a defined road district created under Section 52, Article III, Texas Constitution, to:

(1)  construct, maintain, or operate macadamized, graveled, or paved roads and turnpikes; or

(2)  aid an activity described by Subdivision (1).

(b)  The district is a body corporate and a taxing district under the constitution and laws of this state.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.003.  Legislative Findings.

The legislature finds that all land and other property in the district will benefit from:

(1)  the creation of the district; and

(2)  the construction, acquisition, and maintenance of the improvements and facilities authorized by this chapter.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.004.  District Territory.

(a) The district is composed of the territory described by Section 2, Chapter 66, Acts of the 55th Legislature, Regular Session, 1957, as that territory may have been modified under other law.

(b)  The Commissioners Court of Galveston County may redefine the boundaries of the district contained in Section 2, Chapter 66, Acts of the 55th Legislature, Regular Session, 1957, to correct any error or omission in those boundaries.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.005.  General Power Of District.

(a) In this section, "road facility" means:

(1)  a causeway, bridge, or tunnel;

(2)  an immediate approach or a necessary fixture, accessory, or equipment for a facility described by Subdivision (1); or

(3)  any combination of those facilities described by Subdivision (1) or (2).

(b)  The district may construct, acquire, improve, operate, or maintain a road facility:

(1)  in the district;

(2)  from a point in the district to a point outside of the district in Galveston County; or

(3)  from a point in the district in, over, through, or under the Gulf of Mexico or a bay or inlet opening into the gulf to a point outside of the district and located in another county.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.006.  Applicability Of Certain Other Law.

(a) To the extent it can be made applicable, Chapter 284, Transportation Code, applies to:

(1)  the issuance of bonds under this chapter; and

(2)  the operation and maintenance of a road facility constructed, acquired, or improved as provided by Section 5201.005.

(b)  The district has all the rights, powers, and duties over a road facility authorized by Section 5201.005 as are granted to or imposed on a county by Chapter 284, Transportation Code.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Subchapter B. Bonds

Section 5201.051.  General Authority To Issue Bonds.

(a) The district may issue bonds to:

(1)  construct, maintain, and operate macadamized, graveled, or paved roads and turnpikes; and

(2)  aid an activity described by Subdivision (1).

(b)  The Commissioners Court of Galveston County may issue bonds for the district in the same manner as provided by general law for road district bonds.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.052.  Use Of Bond Proceeds Limited. The

proceeds of bonds issued under this chapter may be spent only for the construction, acquisition, improvement, operation, or maintenance of a road facility as authorized by Section 5201.005.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.053.  Security For Bonds.

Bonds issued under this chapter may be secured by:

(1)  solely a pledge of revenues, in the manner and to the extent prescribed for a county by Chapter 284, Transportation Code;

(2)  a pledge of, and making the bonds payable from, an ad valorem tax authorized by Section 52(b), Article III, Texas Constitution;

(3)  designating a portion of the bonds to be secured solely by a pledge of revenues as provided by Subdivision (1) and a portion of the bonds to be secured by a pledge of an ad valorem tax as provided by Subdivision (2); or

(4)  a combination of the methods prescribed by Subdivisions (1) and (2) through which all of the bonds are to be supported and secured by a pledge of revenue and ad valorem tax, in the manner and to the extent prescribed for a county by Chapter 284, Transportation Code.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.054.  Authority To Issue Ad Valorem Tax Bonds.

(a) Bonds wholly or partly supported by an ad valorem tax may be issued only if approved by a two-thirds vote of the qualified voters of the district voting at an election held for that purpose.

(b)  The district may impose an ad valorem tax to pay bonds issued under this chapter as authorized by Section 52(b), Article III, Texas Constitution.

(c)  A hearing is not required on a petition for a bond election under this section.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.055.  Authority To Issue Revenue Bonds.

The district may issue bonds payable solely from revenue without:

(1)  a petition for a bond election; or

(2)  an election.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Section 5201.056.  Maturity.

Bonds issued under this chapter must mature not later than 40 years after their date of issuance.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.



Subchapter C. Taxes

Section 5201.101.  Authority To Impose Maintenance Tax.

(a) If approved by a two-thirds vote of the qualified voters of the district voting at an election held for that purpose, the Commissioners Court of Galveston County may impose an annual ad valorem tax at a rate not to exceed 20 cents on each $100 valuation of taxable property in the district for the maintenance of the district's improvements and facilities.

(b)  An election under Subsection (a):

(1)  does not require a petition;

(2)  must be held in the same manner prescribed for a bond election; and

(3)  may be held at the same time as a bond election.

(c)  Subsequent elections may be held on increasing, reducing, or abating a maintenance tax not to exceed the limits prescribed by Subsection (a).

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.04, eff. April 1, 2007.


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