SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE E. LEVEE IMPROVEMENT DISTRICTS

CHAPTER 7817.  DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1

OF DENTON AND DALLAS COUNTIES, TEXAS

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 7817.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "District" means the Denton County Levee Improvement District No. 1 of Denton and Dallas Counties, Texas.  
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0102.  NATURE OF DISTRICT.  The district is:
(1)  a levee improvement district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and
(2)  a political subdivision of this state.  
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0103.  TERRITORY.  The district boundaries form a closure.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0104.  ANNEXATION OF TERRITORY.  (a) The district may annex any territory the owner of which petitions for annexation by the method prescribed by Section 49.301, Water Code.
(b)  At least 30 days before acting on a petition for annexation, the district shall notify all municipalities within whose boundaries the district or the land described in the petition is located.  The notification must:
(1)  be in writing;
(2)  specify the time and place of the meeting to consider the petition;
(3)  invite the municipality to appear at the meeting; and
(4)  include a copy of the petition.
(c)  Notwithstanding any other provision of this chapter, the district may annex only territory with a boundary contiguous to a district boundary.  
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0105.  APPLICABILITY OF OTHER LAW.  Chapters 49 and 57, Water Code, apply to the district except to the extent this chapter constitutes a modification of general law.  
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

SUBCHAPTER B.  POWERS AND DUTIES

Sec. 7817.0201.  AUTHORITY TO UNDERTAKE IMPROVEMENT PROJECTS OR SERVICES.  (a)  The board may undertake an improvement project or service that confers a special benefit on all or a definable part of the district.
(b)  As needed to restore, preserve, or enhance the scenic and aesthetic beauty of an area in the district, the district may include in the improvement project or service the acquisition, construction, or financing of:
(1)  a drainage facility;
(2)  a hiking and cycling trail;
(3)  a pedestrian walkway along or across a street, at grade or above or below the surface;
(4)  landscaping; and
(5)  other development.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0202.  COMPACTED FILL AUTHORITY.  The district may include compacted fill in the district's reclamation plan and may spend money and issue bonds to the full extent otherwise authorized by Chapters 49 and 57, Water Code, for payment of compacted fill.  
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

SUBCHAPTER C.  GENERAL FINANCIAL PROVISIONS

Sec. 7817.0301.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose an assessment for any purpose authorized by this chapter.
(b)  An assessment, including an assessment resulting from an addition to or correction of the assessment roll by the district, a reassessment, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district are:
(1)  a first and prior lien against the property assessed;
(2)  superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)  the personal liability of and a charge against the property owners even if the owners are not named in the assessment proceedings.
(c)  The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0302.  AUTHORITY TO IMPOSE SPECIAL ASSESSMENTS FOR CERTAIN IMPROVEMENT PROJECTS OR SERVICES.  (a) The board may impose a special assessment on property in the district based on the benefit conferred by an improvement project or service under Section 7817.0201 to pay all or part of the cost of the project or service.
(b)  Sections 375.111 through 375.124, Local Government Code, apply to financing an improvement project or service under Section 7817.0201.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0303.  PETITION REQUIRED FOR FINANCING IMPROVEMENT PROJECTS OR SERVICES THROUGH ASSESSMENTS.  (a)  The board may not finance an improvement project or service through an assessment imposed under this chapter unless a written petition requesting that improvement or service has been filed with the board.
(b)  The petition must be signed by:
(1)  the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified appraisal rolls for Denton and Dallas Counties; or
(2)  the owners of a majority of the surface area of real property in the district subject to assessment as determined by the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0304.  IMPACT FEE AND ASSESSMENT EXEMPTIONS.  The district may not impose an impact fee or assessment on:
(1)  single-family residential property; or
(2)  the property, including the equipment, rights-of-way, facilities, or improvements, of:
(A)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(B)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(C)  a telecommunications provider as defined by Section 51.002, Utilities Code; or
(D)  a person who provides to the public cable television or advanced telecommunications services.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.

Sec. 7817.0305.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
(b)  In exercising the district's power to borrow, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.
(c)  The district must obtain approval from the City of Lewisville before issuing bonds under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.01, eff. April 1, 2023.