Law:Title 4. Development And Improvement. Subtitle C. Development, Improvement, And Management from Chapter 3881. Harris County Improvement District No. 13 (Texas)

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Subtitle C. Development, Improvement, And Management

Contents

Chapter 3881. Harris County Improvement District No. 13

Subchapter A. General Provisions

Section 3881.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Harris County Improvement District No. 13.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.002.  Nature Of District.

The Harris County Improvement District No. 13 is a special district created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.003.  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 the City of Houston, Harris County, 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 district.

(c)  This chapter and the creation of the district may not be interpreted to relieve Harris County from providing the level of services provided, as of the effective date of the Act enacting this chapter, to the area in the district.  The district is created to supplement and not to supplant the county services provided in the area in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.004.  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, potential employees, employees, visitors, and consumers in the district, and of the public;

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

(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 beauty; and

(4)  provide for water, wastewater, drainage, road, and recreational facilities for the district.

(e)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.005.  Initial District Territory.

(a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b)  The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1)  organization, existence, or validity;

(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on the bond;

(3)  right to impose or collect an assessment or tax; or

(4)  legality or operation.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.006.  Eligibility For Inclusion In Special Zones.

All or any part of the area of the district is eligible to be included in:

(1)  a tax increment reinvestment zone created under Chapter 311, Tax Code;

(2)  a tax abatement reinvestment zone created under Chapter 312, Tax Code; or

(3)  an enterprise zone created under Chapter 2303, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.007.  Applicability Of Municipal Management Districts Law.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.008.  Liberal Construction Of Chapter.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Subchapter B. Board Of Directors

Section 3881.051.  Governing Body; Terms.

(a) The district is governed by a board of five voting directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.

(b)  The board by resolution may change the number of voting directors on the board, but only if the board determines that the change is in the best interest of the district.  The board may not consist of fewer than five or more than 15 voting directors.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.052.  Appointment Of Directors.

The Texas Commission on Environmental Quality shall appoint voting directors from persons recommended by the board.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.053.  Initial Voting Directors.

(a) The initial board consists of the following voting directors:

Pos. No. Name of Director
1 Chris Taylor
2 Leanne Ross
3 Ryan Sweeney
4 Shane Herzog
5 Terry Taylor

(b)  Of the initial directors, the terms of directors appointed for positions 1 through 3 expire June 1, 2011, and the terms of directors appointed for positions 4 and 5 expire June 1, 2013.

(c)  Section 3881.052 does not apply to this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.054.  Nonvoting Directors.

The board may appoint nonvoting directors to serve at the pleasure of the voting directors.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.055.  Quorum.

For purposes of determining the requirements for a quorum of the board, the following are not counted:

(1)  a board position vacant for any reason, including death, resignation, or disqualification;

(2)  a director who is abstaining from participation in a vote because of a conflict of interest; or

(3)  a nonvoting director.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.056.  Compensation.

A director is entitled to receive fees of office and reimbursement for actual expenses as provided by Section 49.060, Water Code.  Sections 375.069 and 375.070, Local Government Code, do not apply to the board.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Subchapter C. Powers And Duties

Section 3881.101.  Development Corporation Powers.

The district may exercise the powers given to a development corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, or maintain a project described by that chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.102.  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 the board of directors of a local government corporation created under Chapter 431, Transportation Code, except that a board member is not required to reside in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.103.  Agreements; Grants.

(a) The district may make an agreement with or accept a gift, grant, or loan from any person.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.104.  Authority To Contract For Law Enforcement Services.

To protect the public interest, the district may contract with a qualified person, including Harris County or the City of Houston, for the provision of law enforcement services in the district for a fee.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.105.  Membership In Charitable Organizations.

The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.106.  Economic Development Programs.

(a) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:

(1)  make loans and grants of public money; and

(2)  provide district personnel and services.

(b)  The district has all of the powers of a municipality under Chapter 380, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.107.  Strategic Partnership Agreement.

The district may negotiate and enter into a written strategic partnership with the City of Houston pursuant to Section 43.0751, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.108.  No Eminent Domain.

The district may not exercise the power of eminent domain.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.109.  Annexation Or Exclusion Of Land.

(a) The district may annex land as provided by Subchapter J, Chapter 49, Water Code.

(b)  The district may exclude land as provided by Subchapter J, Chapter 49, Water Code.  Section 375.044(b), Local Government Code, does not apply to the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Subchapter D. Public Parking Facilities

Section 3881.151.  Parking Facilities Authorized; Operation By Private Entity; Tax Exemption.

(a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including:

(1)  lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets; and

(2)  equipment, entrances, exits, fencing, and other accessories necessary for safety and convenience in parking vehicles.

(b)  A parking facility of the district may be leased to or operated on behalf of the district by an entity other than the district.

(c)  The district's parking facilities are a program authorized by the legislature under Section 52-a, Article III, Texas Constitution.

(d)  The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.152.  Rules.

The district may adopt rules governing the district's public parking facilities.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.153.  Financing Of Public Parking Facilities.

(a) The district may use any of its resources, including revenue, assessments, taxes, or grant or contract proceeds, to pay the cost of acquiring or operating public parking facilities.

(b)  The district may:

(1)  set, charge, impose, and collect fees, charges, or tolls for the use of the district's public parking facilities; and

(2)  issue bonds or notes to finance the cost of the district's public parking facilities.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Subchapter E. General Financial Provisions

Section 3881.201.  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.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.202.  Money Used For Improvements Or Services.

The district may acquire, construct, finance, operate, or maintain any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.203.  Petition Required For Financing Services And Improvements With Assessments.

(a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.

(b)  A petition filed under Subsection (a) must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for Harris County.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.204.  Method Of Notice For Hearing.

The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail.  The board shall determine the method of mailing notice.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.205.  Assessments; Liens For Assessments.

(a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.

(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 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.

(d)  The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.206.  Utility Property Exempt From Impact Fees And Assessments.

The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:

(1)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;

(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;

(3)  a telecommunications provider as defined by Section 51.002, Utilities Code; or

(4)  a person who provides to the public cable television or advanced telecommunications services.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.207.  Residential Property.

Section 375.161, Local Government Code, does not apply to:

(1)  a tax imposed by the district; or

(2)  any payment required by the district for a service provided by the district, including water and sewer services.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.208.  Operation And Maintenance Tax.

(a) If authorized at an election held in accordance with Section 3881.212, the district may impose an annual operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code, for any district purpose, including to:

(1)  maintain and operate the district;

(2)  construct or acquire improvements; or

(3)  provide a service.

(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.

(c)  Section 49.107(h), Water Code, does not apply to the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.209.  Contract Taxes.

(a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.210.  Authority To Borrow Money And To Issue Bonds.

(a) The district may borrow money on terms and conditions as determined by the board.  Section 375.205, Local Government Code, does not apply to a loan, line of credit, or other borrowing from a bank or financial institution secured by revenue other than ad valorem taxes.

(b)  The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, sales and use taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.

(c)  The limitation on the outstanding principal amount of bonds, notes, and other obligations set forth in Section 49.4645, Water Code, does not apply to the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.211.  Taxes For Bonds.

At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.212.  Elections Regarding Taxes And Bonds.

(a) The district may issue, without an election, bonds, notes, and other obligations secured by:

(1)  revenue other than ad valorem taxes; or

(2)  contract payments described by Section 3881.209.

(b)  The district must hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax or sales and use tax or issue bonds payable from ad valorem taxes.

(c)  Section 375.243, Local Government Code, does not apply to the district.

(d)  All or any part of any facilities or improvements which may be acquired by a district by the issuance of its bonds may be included in one single proposition to be voted on at the election or the bonds may be submitted in several propositions.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.213.  Competitive Bidding.

Subchapter I, Chapter 49, Water Code, applies to the district.  Sections 375.221 and 375.223, Local Government Code, do not apply to the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.214.  Tax And Assessment Abatements.

The district may grant in the manner authorized by Chapter 312, Tax Code, an abatement for a tax or assessment owed to the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Subchapter F. Taxes For Certain Defined Areas And Designated

PROPERTY


Section 3881.251.  Authority To Establish Defined Areas Or Designated Property.

The district may define areas or designate certain property of the district to pay for improvements, facilities, or services that primarily benefit that area or property and do not generally and directly benefit the district as a whole.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.252.  Procedure For Election.

(a) Before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes of the area defined or property designated under Section 3881.251, the board must call and hold an election as provided by Section 3881.212 only in the defined area or in the boundaries of the designated property.

(b)  The board may submit the proposition to the voters on the same ballot to be used in another election.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.253.  Declaring Result And Issuing Order.

(a) If a majority of the voters voting at the election approve the proposition or propositions, the board shall declare the results and by order shall establish the defined area and describe it by metes and bounds or designate the specific property.

(b)  A court may not review the board's order except on the ground of fraud, palpable error, or arbitrary and confiscatory abuse of discretion.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.254.  Taxes For Services, Improvements, And Facilities In Defined Areas Or Designated Property.

On voter approval and adoption of the order described in Section 3881.253, the district may apply separately, differently, equitably, and specifically its taxing power and lien authority to the defined area or designated property to provide money to construct, administer, maintain, and operate services, improvements, and facilities that primarily benefit the defined area or designated property.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Section 3881.255.  Issuance Of Bonds And Imposition Of Taxes For Defined Area Or Designated Property.

After the order under Section 3881.253 is adopted, the district may issue bonds to provide for any land, improvements, facilities, plants, equipment, and appliances for the defined area or designated property.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.



Subchapter G. Municipal Annexation And Dissolution

Section 3881.301.  Municipal Annexation; Dissolution.

(a) The district is a "water or sewer district" under Section 43.071, Local Government Code.

(b)  Section 43.075, Local Government Code, applies to the district.

(c)  Section 375.264, Local Government Code, does not apply to the dissolution of the district by a municipality.

Added by Acts 2009, 81st Leg., R.S., Ch. 247, Sec. 1, eff. May 27, 2009.


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