SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 7801.001. DEFINITIONS. In this chapter:
    1. (1) "Board" means the board of directors of the district.
    2. (2) "Director" means a member of the board.
    3. (3) "District" means the Bois d'Arc Island Levee Improvement District of Dallas and Kaufman Counties.
    Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 7801.002. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter, Chapter 57, Water Code, applies to the district.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

For expiration of this section, see Subsection (d).

  1. Sec. 7801.003. DISSOLUTION OF DISTRICT. (a) Not later than 18 months after the next regularly scheduled election of directors under Section 7801.051, the Commissioners Courts of Dallas and Kaufman Counties may dissolve the district if:
    1. (1) at that election, the appropriate number of directors under Section 7801.051(c) are not elected; or
    2. (2) the directors elected at that election fail to attend 50 percent of the board meetings scheduled during the 12 months following that election.
  2. (b) To dissolve the district under Subsection (a), the Commissioners Courts of Dallas County and Kaufman County each must issue an order dissolving the district. The orders must provide for the:
    1. (1) sale or transfer of the district's assets and liabilities;
    2. (2) administration of property, assets, and debts of the district until all money has been disposed of and all district debts have been paid or settled; and
    3. (3) continued provision of the district's services without interruption to the extent the district has been providing services.
  3. (c) The dissolution of the district and the sale or transfer of the district's assets and liabilities may not:
    1. (1) violate a trust indenture or bond resolution relating to the outstanding bonds of the district; or
    2. (2) diminish or impair the rights of the holders of outstanding bonds, warrants, or other obligations of the district.
  4. (d) This section expires January 1, 2020.
  5. Added by Acts 2017, 85th Leg., R.S., Ch. 407 (H.B. 1709), Sec. 1, eff. September 1, 2017.

SUBCHAPTER B. BOARD OF DIRECTORS AND OFFICERS

  1. Sec. 7801.051. BOARD. (a) The district is governed by a board of five elected directors.
  2. (b) A person must indicate on the application for a place on the ballot the precinct that the person wants to represent.
  3. (c) An election shall be held on the first Saturday in May of each even-numbered year to elect the appropriate number of directors. Except as provided by Subsection (d), directors serve four-year terms.
  4. (d) The board shall revise each precinct after each federal decennial census to reflect population changes. At the first election after the precincts are revised, a new director shall be elected from each precinct. The directors shall draw lots to determine which two directors serve two-year terms and which three directors serve four-year terms.
  5. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 7801.052. TREASURER. (a) The board may provide for the appointment of a treasurer for the district.
  2. (b) In addition to the powers and duties provided by other law, the treasurer has the powers and duties of the county treasurer under Chapter 57, Water Code.
  3. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

  1. Sec. 7801.101. POWERS AND DUTIES OF BOARD. The board has the powers and duties delegated to the commissioners court and county judge under Chapter 57, Water Code.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 7801.102. IMPOSITION OF TAXES. (a) The Tax Code governs the imposition of district taxes.
  2. (b) The board may provide for the appointment of a tax assessor-collector or may contract for the imposition of taxes with Dallas County or Kaufman County or with another person as provided by the Tax Code.
  3. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 7801.103. ESTABLISHING MINIMUM BENEFIT BASIS. (a) If the district levies taxes on the benefit basis, the board may establish a minimum benefit that will accrue to each piece of taxable property in the district.
  2. (b) The board shall serve as the commissioners of appraisement.
  3. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 7801.104. EXCLUSION OF LAND FROM DISTRICT. If the district does not have outstanding bonds payable in whole or in part from taxes, the board may exclude land from the district as provided by Subchapter J, Chapter 49, Water Code.
  2. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
  1. Sec. 7801.105. CONVEYANCE OF DISTRICT FACILITIES IN AN EXCLUDED AREA. (a) If the district has facilities located in an area that is excluded from the district, the board may convey those facilities to another governmental entity that agrees to assume the responsibility for flood protection for the excluded area.
  2. (b) A conveyance under this section may:
    1. (1) be on the terms determined by the board; and
    2. (2) include a right-of-way, easement, or fee title to land on which the facilities are located.
    Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

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