Law:Title 4. Development And Improvement. Subtitle C. Development, Improvement, And Management from Chapter 3815. Greater Southeast Management District (Texas)

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Subtitle C. Development, Improvement, And Management

Contents

Chapter 3815. Greater Southeast Management District

Subchapter A. General Provisions

Section  3815.001.  Definitions.

In this subchapter:

(1)  "Board" means the board of directors of the district.

(2)  "District" means the Greater Southeast Management District.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.002.  Greater Southeast Management District.

A special district known as the "Greater Southeast Management District" is a political subdivision of this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.003.  Purpose; Declaration Of Intent.

(a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing Harris County, the City of Houston, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

(b)  The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the southeast area of the city of Houston.

(c)  This chapter and the creation of the district may not be interpreted to relieve Harris County or the City of Houston from providing the level of services provided as of June 17, 2001, to the area in the district or to release the county or the city from the obligations of each entity to provide services to that area. The district is created to supplement and not to supplant the county or city services provided in the area in the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.004.  Findings Of Benefit And Public Purpose.

(a) The district is created to serve a public use and benefit.

(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.

(c)  The creation of the district is in the public interest and is essential to:

(1)  further the public purposes of developing and diversifying the economy of the state;

(2)  eliminate unemployment and underemployment; and

(3)  develop or expand transportation and commerce.

(d)  The district will:

(1)  promote the health, safety, and general welfare of residents, employers, employees, visitors, and consumers in the district, and of the public;

(2)  provide money to preserve, maintain, and enhance the economic health and vitality of the district as a community and business center; and

(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic and aesthetic beauty.

(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.

(f)  The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.005.  District Territory.

(a) The district is composed of the territory described by Section 1, Chapter 1476, Acts of the 77th Legislature, Regular Session, 2001, enacting former Section 376.454, Local Government Code, as that territory may have been modified under:

(1)  Section 3815.105 or its predecessor statute, former Section 376.479, Local Government Code, as added by Chapter 1476, Acts of the 77th Legislature, Regular Session, 2001;

(2)  Subchapter J, Chapter 49, Water Code; or

(3)  other law.

(b)  The boundaries and field notes of the district contained in Section 1, Chapter 1476, Acts of the 77th Legislature, Regular Session, 2001, enacting former Section 376.454, Local Government Code, form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not in any way affect:

(1)  the district's organization, existence, and validity;

(2)  the district's right to issue any type of bond, including a refunding bond, for a purpose for which the district is created or to pay the principal of and interest on the bond;

(3)  the district's right to impose and collect an assessment or tax; or

(4)  the legality or operation of the district or the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.006.  Applicability Of Other Law.

Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district, the board, and district employees.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.008.  Liberal Construction Of Chapter.

This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter B. Board Of Directors

Section  3815.051.  Board Of Directors; Terms.

(a) The district is governed by a board of 21 directors who serve staggered terms of four years, with 10 directors' terms expiring June 1 of an odd-numbered year and 11 directors' terms expiring June 1 of the following odd-numbered year.

(b)  The board by resolution may increase or decrease the number of directors on the board, but only if it is in the best interest of the district to do so. The board may not:

(1)  increase the number of directors to more than 30; or

(2)  decrease the number of directors to fewer than 9.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.052.  Appointment Of Directors.

The mayor and members of the governing body of the City of Houston shall appoint directors from persons recommended by the board who meet the qualifications prescribed by Subchapter D, Chapter 375, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.053.  Ex Officio Directors.

(a) The following persons serve as nonvoting ex officio directors:

(1)  the directors of the parks and recreation, planning and development, public works, and civic center departments of the City of Houston;

(2)  the chief of police of the City of Houston;

(3)  the general manager of the Metropolitan Transit Authority of Harris County, Texas; and

(4)  the president of each institution of higher learning located in the district.

(b)  If a department described by Subsection (a) is consolidated, renamed, or changed, the board may appoint a director of the consolidated, renamed, or changed department as a nonvoting ex officio director. If a department described by Subsection (a) is abolished, the board may appoint as a director a representative of another department of the City of Houston that performs duties comparable to those performed by the abolished department.

(c)  The board may appoint the presiding officer of a nonprofit corporation actively involved in activities in the southeast area of the city of Houston to serve as a nonvoting ex officio director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.054.  Conflicts Of Interest.

(a) Except as provided by this section:

(1)  a director may participate in all board votes and decisions; and

(2)  Chapter 171, Local Government Code, governs conflicts of interest of directors.

(b)  Section 171.004, Local Government Code, does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file an affidavit with the board secretary declaring the interest. Another affidavit is not required if the director's interest changes.

(c)  After the affidavit is filed, the director may participate in a discussion or vote on that action if:

(1)  a majority of the directors have a similar interest in the same entity; or

(2)  all other similar business or charitable entities in the district will receive a similar pecuniary benefit.

(d)  A director who is also an officer or employee of a public entity may not participate in a discussion of or vote on a matter regarding a contract with that same public entity.

(e)  For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter C. Powers And Duties

Section 3815.101.  District Powers.

The district has:

(1)  all powers necessary to accomplish the purposes for which the district was created;

(2)  the powers given to a corporation under Chapter 505, Local Government Code, and the power to own, operate, acquire, construct, lease, improve, and maintain projects; and

(3)  the powers given to a housing finance corporation created under Chapter 394, Local Government Code, to provide housing or residential development projects in the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.44, eff. April 1, 2009.



Section  3815.102.  Nonprofit Corporation.

(a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.

(b)  The nonprofit corporation:

(1)  has each power of and is considered for purposes of this chapter to be a local government corporation created under Chapter 431, Transportation Code; and

(2)  may implement any project and provide any service authorized by this chapter.

(c)  The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as, for the same term as, and on the conditions of the board of directors of a local government corporation created under Chapter 431, Transportation Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.103.  Contracts; Grants; Donations.

(a) To protect the public interest, the district may contract with Harris County or the City of Houston for the county or city to provide law enforcement services in the district for a fee.

(b)  Harris County, the City of Houston, or another political subdivision of this state, without further authorization, may contract with the district to implement a project of the district or assist the district in providing a service authorized under this chapter. A contract under this subsection may:

(1)  be for a period on which the parties agree;

(2)  include terms on which the parties agree;

(3)  be payable from taxes or any other source of revenue that may be available for that project or service; or

(4)  provide terms under which taxes or other revenue collected at a district project or from a person using or purchasing a commodity or service at a district project may be paid or rebated to the district.

(c)  The district may enter into a contract, lease, or other agreement with or make or accept a grant or loan to or from, or accept donations from, any person, including:

(1)  the United States;

(2)  this state or a state agency;

(3)  any political subdivision of this state; or

(4)  a public or private corporation, including a nonprofit corporation created by the board under this subchapter.

(d)  The district may perform all acts necessary for the full exercise of the powers vested in the district on terms and for the period the board determines advisable.

(e)  The implementation of a project is a governmental function or service for purposes of Chapter 791, Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.104.  Competitive Bidding.

Section 375.221, Local Government Code, does not apply to a district contract for $25,000 or less.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.105.  Annexation.

In addition to the authority to annex territory under Subchapter C, Chapter 375, Local Government Code, the district has the authority to annex territory located in a reinvestment zone created by the City of Houston under Chapter 311, Tax Code, if the city's governing body consents to the annexation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section 3815.106.  No Eminent Domain Power.

The district may not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., Ch. 684, Sec. 14, eff. June 17, 2005.



Subchapter D. Financial Provisions

Section  3815.151.  Petition Required For Financing Services And Improvements.

(a) The board may not finance a service or an improvement project under this chapter unless a written petition requesting that service or improvement is 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 according to the most recent certified tax appraisal roll for Harris County; or

(2)  at least 50 owners of land in the district, if more than 50 persons own property in the district according to the most recent certified tax appraisal roll for Harris County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.152.  Disbursements And Transfers Of Money.

The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.153.  Board Vote Required To Impose Taxes, Assessments, Or Impact Fees.

The imposition of a tax, assessment, or impact fee requires a vote of a majority of the directors serving.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.154.  Authority To Impose Taxes, Assessments, And Impact Fees.

The district may impose an ad valorem tax, assessment, or impact fee as provided by Chapter 375, Local Government Code, to provide an improvement or service for a project or activity the district may acquire, construct, improve, or provide under this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.155.  Maintenance Tax.

(a) If authorized at an election held in accordance with Section 3815.159, the district may impose an annual ad valorem tax on taxable property in the district to:

(1)  maintain and operate the district and the improvements constructed or acquired by the district; or

(2)  provide a service.

(b)  The board shall determine the tax rate.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.156.  Assessments; Liens For Assessments.

(a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter.

(b)  An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:

(1)  are a first and prior lien against the property assessed;

(2)  are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3)  are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceeding.

(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.

(d)  The board may correct, add to, or delete assessments from its assessment rolls after notice and hearing as provided by Subchapter F, Chapter 375, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.157.  Property Exempt From Taxes, Impact Fees, And Assessments.

(a) The district may not impose a tax, impact fee, or assessment on a residential property or condominium.

(b)  The district may not impose an impact fee or assessment on the property, equipment, or facilities of a person who provides to the public cable television, gas, light, power, telephone, sewage, or water service.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.158.  Obligations; Approval By City Of Houston.

(a) The district may issue bonds or other obligations payable in whole or in part from ad valorem taxes, assessments, impact fees, revenue, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district.

(b)  In exercising the district's borrowing power, 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)  Except as provided by Subsection (d), the district must obtain the approval of the City of Houston:

(1)  for the issuance of a bond for each improvement project;

(2)  of the plans and specifications of the improvement project to be financed by the bond; and

(3)  of the plans and specifications of a district improvement project related to:

(A)  the use of land owned by the City of Houston;

(B)  an easement granted by the City of Houston; or

(C)  a right-of-way of a street, road, or highway.

(d)  If the district obtains the approval of the City of Houston of a capital improvements budget for a specified period not to exceed five years, the district may finance the capital improvements and issue bonds specified in the budget without further approval from the City of Houston.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  3815.159.  Elections Regarding Taxes Or Bonds.

(a) In addition to the elections required under Subchapter L, Chapter 375, Local Government Code, the district must hold an election in the manner provided by that subchapter to obtain voter approval before the district may:

(1)  impose a maintenance tax; or

(2)  issue a bond payable from ad valorem taxes or assessments.

(b)  The board may submit multiple purposes in a single proposition at an election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter E. Dissolution

Section  3815.201.  Dissolution Of District With Outstanding Debt.

If the district has debt when it is dissolved, the district shall remain in existence solely for the purpose of discharging its bonds or other obligations according to their terms.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.


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