reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter D. Public Transit System and Parking Facilities › Section 3818.153. Rules for Transit or Parking System

Sec. 3818.153.  RULES FOR TRANSIT OR PARKING SYSTEM.  (a)  The district may adopt rules covering its public transit system and its public parking system.
(b)  Rules adopted under this section that relate to or affect the use of the public right-of-way or a requirement for off-street parking are subject to all applicable municipal charter, code, and ordinance requirements.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter D. Public Transit System and Parking Facilities › Section 3818.154. Paying Cost of Public Transit System or Parking Facilities

Sec. 3818.154.  PAYING COST OF PUBLIC TRANSIT SYSTEM OR PARKING FACILITIES.  (a)  The district may use any of its resources, including revenue, assessments, taxes, and grant or contract proceeds, to pay the cost of acquiring or operating a public transit system or a system of public parking facilities.
(b)  The district may:
(1)  set, charge, impose, and collect fees, charges, or tolls for the use of the public transit system or the public parking facilities; and
(2)  issue bonds or notes to finance the cost of these facilities.
(c)  If the district pays for or finances the cost of acquiring and operating a public transit system or a system of public parking facilities with resources other than assessments, a petition of property owners or public hearing is not required, just as a petition of property owners and public hearing on the petition are not required for the provision of all other district services and improvements that are not paid for or financed with assessments.  Notwithstanding this subsection, a petition is required as provided by Section 3818.151 before the district may construct transit improvements.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter D. Public Transit System and Parking Facilities › Section 3818.155. Payment Instead of Taxes to Other Taxing Units

Sec. 3818.155.  PAYMENT INSTEAD OF TAXES TO OTHER TAXING UNITS.  If the district's acquisition of property for a parking facility that is leased to or operated by a private entity results in removing from a taxing unit's tax rolls real property otherwise subject to ad valorem taxation, the district shall pay to the taxing unit in which the property is located, on or before January 1 of each year, as a payment instead of taxes, an amount equal to the ad valorem taxes that otherwise would have been imposed for the preceding tax year on that real property by the taxing unit, without including the value of any improvements constructed on the property.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.201. Notice and Hearing Required

Sec. 3818.201.  NOTICE AND HEARING REQUIRED.  The board may finance a service or improvement project under this chapter with assessments after:
(1)  notice of a hearing has been given as required by Section 3818.202; and
(2)  the board holds a public hearing on the advisability of the service or improvement and the proposed assessments.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 6, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.202. Notice of Hearing

Sec. 3818.202.  NOTICE OF HEARING.  (a)  Except as provided by this section, notice of a hearing on financing improvement projects or services shall be given as provided by Section 375.115, Local Government Code.
(b)  The final publication must be made:
(1)  not later than the 15th day before the date of the hearing; and
(2)  in a newspaper of general circulation in each county in which the district is located.
(c)  Written notice required by Section 375.115(c), Local Government Code, must be made not later than the 15th day before the date of the hearing.
(d)  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 notice.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 7, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.203. Hearing Procedure

Sec. 3818.203.  HEARING PROCEDURE.  (a)  The board may appoint a director, a district employee, or any other person as hearings examiner to conduct hearings required by the board.
(b)  A hearing under this subchapter shall be conducted in the manner provided for contested cases under Chapter 2001, Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.204. Petition Required for Financing Services and Improvement Projects

Sec. 3818.204.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENT PROJECTS.  (a)  The board may not finance a service or improvement project under this chapter with assessments unless a written petition requesting that service or improvement has been filed with the board.
(b)  The petition must be signed by:
(1)  the owners of 50 percent of the assessed value of the property in the district subject to assessment based on the most recent certified county tax appraisal roll; or
(2)  the owners of 50 percent or more of the surface area of the district subject to assessment, excluding roads, streets, highways, and utility rights-of-way, based on the most recent certified county tax appraisal roll.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 8, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.205. Authority to Impose Ad Valorem Taxes, Assessments, and Impact Fees

Sec. 3818.205.  AUTHORITY TO IMPOSE AD VALOREM TAXES, ASSESSMENTS, AND IMPACT FEES.  (a)  The district may impose an ad valorem tax, assessment, or impact fee in accordance with 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.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 889, Sec. 11(4), eff. June 19, 2009.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 9, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 11(4), eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.206. Utility Property Exempt From Assessments and Impact Fees

Sec. 3818.206.  UTILITY PROPERTY EXEMPT FROM ASSESSMENTS AND IMPACT FEES.  The district may not impose an assessment or impact fee 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 cable system as defined by Section 602, Communications Act of 1934 (47 U.S.C. Section 522), as amended.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.207. Bonds; Approval by City of Houston

Sec. 3818.207.  BONDS; APPROVAL BY CITY OF HOUSTON.  (a)  Except as provided by Subsection (b), the district must obtain the approval of the director of public works of the City of Houston for the issuance of bonds for any improvement project.
(b)  If the district obtains approval from the governing body of the City of Houston of a capital improvements budget for a 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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.209. Assessments and Bond Limit

Sec. 3818.209.  ASSESSMENTS AND BOND LIMIT.  The board may not issue bonds or impose assessments that exceed 10 percent of the assessed value of the property in the district based on the most recent certified county tax appraisal roll.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.210. Appeal of Assessment

Sec. 3818.210.  APPEAL OF ASSESSMENT.  A property owner may appeal the board's decision on an assessment to a district court that has jurisdiction in the district by filing notice of the appeal with the court not later than the 30th day after the date of the board's final decision.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.211. Payment by Exempt Jurisdictions

Sec. 3818.211.  PAYMENT BY EXEMPT JURISDICTIONS.  Payment of assessments by exempt jurisdictions, if any, shall be established by contract.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.212. Disbursements and Transfers of Money

Sec. 3818.212.  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. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.213. Money Used for Improvements or Services

Sec. 3818.213.  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. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.214. Operation and Maintenance Tax

Sec. 3818.214.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held in accordance with Section 3818.217, the district may impose an 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. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.215. Authority to Borrow Money and to Issue Bonds

Sec. 3818.215.  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 by competitive bid or negotiated sale bonds, notes, or other obligations payable wholly or partly from ad valorem 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 provided by Section 49.4645, Water Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.216. Taxes for Bonds

Sec. 3818.216.  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 ad valorem tax, without limit as to the 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. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.217. Elections Regarding Taxes and Bonds

Sec. 3818.217.  ELECTIONS REGARDING TAXES AND BONDS.  (a)  The district may issue, without an election, bonds, notes, and other obligations secured by revenue other than ad valorem taxes.
(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 issue bonds payable from ad valorem taxes.
(c)  Section 375.243, Local Government Code, does not apply to the district.
(d)  All or part of any facilities or improvements that the district may acquire by the issuance of district bonds may be submitted as a single proposition or as several propositions to be voted on at the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.218. Competitive Bidding

Sec. 3818.218.  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. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3818 - Harris County Improvement District No. 1 › Subchapter E. Financial Provisions › Section 3818.219. Tax and Assessment Abatements

Sec. 3818.219.  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. 889 (S.B. 2552), Sec. 10, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.001. Definitions

Sec. 3819.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Baybrook Management District.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.002. Baybrook Management District

Sec. 3819.002.  BAYBROOK MANAGEMENT DISTRICT.  The Baybrook Management District is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.003. Purpose; Declaration of Intent

Sec. 3819.003.  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 area of the district.
(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 20, 2003, to the area in the district.  The district is created to supplement and not to supplant the county or city services provided in the area in the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.004. Findings of Benefit and Public Purpose

Sec. 3819.004.  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 development and diversification of 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 needed funding 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 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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.005. District Territory

Sec. 3819.005.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 4, Chapter 784, Acts of the 78th Legislature, Regular Session, 2003, as that territory may have been modified under:
(1)  Subchapter J, Chapter 49, Water Code; or
(2)  other law.
(b)  The boundaries and field notes of the district contained in Section 4, Chapter 784, Acts of the 78th Legislature, Regular Session, 2003, form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not in any way affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose or collect an assessment or tax; or
(4)  legality or operation.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.006. Eligibility for Inclusion in Special Zones

Sec. 3819.006.  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 by the City of Houston under Chapter 311, Tax Code;
(2)  a tax abatement reinvestment zone created by the City of Houston under Chapter 312, Tax Code; or
(3)  an enterprise zone created by the City of Houston under Chapter 2303, Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.007. Applicability of Other Law

Sec. 3819.007.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter A. General Provisions › Section 3819.008. Liberal Construction of Chapter

Sec. 3819.008.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be construed liberally in conformity with the findings and purposes stated in this chapter.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter B. Board of Directors › Section 3819.051. Composition; Terms

Sec. 3819.051.  COMPOSITION; TERMS.  (a)  Except as provided by Subsection (c), the district is governed by a board of five voting directors appointed under Section 3819.052 and five nonvoting directors as provided by Section 3819.053.
(b)  Voting directors serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.
(c)  The board by resolution may increase or decrease the number of directors on the board if the board finds it is in the best interest of the district.  The board may not consist of fewer than 5 or more than 15 directors.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter B. Board of Directors › Section 3819.052. Appointment of Directors

Sec. 3819.052.  APPOINTMENT OF DIRECTORS.  The mayor and members of the governing body of the City of Houston shall appoint voting directors from persons recommended by the board.  A person is appointed if a majority of the directors and the mayor vote to appoint that person.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter B. Board of Directors › Section 3819.053. Nonvoting Directors

Sec. 3819.053.  NONVOTING DIRECTORS.  (a)  The following persons shall serve as nonvoting directors:
(1)  the directors of the following departments of the City of Houston or a person designated by that director:
(A)  parks and recreation;
(B)  planning and development;
(C)  public works; and
(D)  civic center; and
(2)  the City of Houston's chief of police.
(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 director.  If a department described by Subsection (a) is abolished, the board may appoint a representative of another department that performs duties comparable to those performed by the abolished department.
(c)  Nonvoting directors are not counted for the purposes of establishing a quorum of the board.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter B. Board of Directors › Section 3819.054. Conflicts of Interest; One-Time Affidavit

Sec. 3819.054.  CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.  (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 for 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 a one-time affidavit declaring the interest.  An additional affidavit is not required if the director's interest changes.  After the affidavit is filed with the board secretary, 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.
(c)  A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that public entity.
(d)  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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.101. Additional Powers of District

Sec. 3819.101.  ADDITIONAL POWERS OF DISTRICT.  The district may exercise the powers given to:
(1)  a corporation under Chapter 505, Local Government Code, including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that chapter;
(2)  a housing finance corporation under Chapter 394, Local Government Code, to provide housing or residential development projects in the district; and
(3)  a municipality under Chapter 380, Local Government Code.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.47, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.102. Nonprofit Corporation

Sec. 3819.102.  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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.103. Agreements; Grants

Sec. 3819.103.  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 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.104. Law Enforcement Services

Sec. 3819.104.  LAW ENFORCEMENT SERVICES.  To protect the public interest, the district may contract with Harris County or the City of Houston to provide law enforcement services in the district for a fee.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.105. Competitive Bidding

Sec. 3819.105.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $25,000.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.106. Membership in Charitable Organizations

Sec. 3819.106.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  (a)  The district may join and pay dues to an organization that:
(1)  enjoys tax-exempt status under Section 501(c)(3), (4), or (6), Internal Revenue Code of 1986, as amended; and
(2)  performs a service or provides an activity consistent with the furtherance of a district purpose.
(b)  An expenditure of public money for membership in the organization is considered to further a district purpose and to be for a public purpose.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.107. Economic Development Programs

Sec. 3819.107.  ECONOMIC DEVELOPMENT PROGRAMS.  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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter C. Powers and Duties › Section 3819.108. Municipal Approval

Sec. 3819.108.  MUNICIPAL APPROVAL.  (a)  Except as provided by Subsection (b), the district must obtain approval from the governing body of the City of Houston for:
(1)  the issuance of bonds for an improvement project;
(2)  the plans and specifications of an improvement project financed by the bonds; and
(3)  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.
(b)  If the district obtains approval from the governing body of the City of Houston for a capital improvements budget for a 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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.151. Disbursements or Transfers of Money

Sec. 3819.151.  DISBURSEMENTS OR 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 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.152. Tax and Bond Elections

Sec. 3819.152.  TAX AND BOND ELECTIONS.  (a)  The district shall hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes a maintenance tax or issues bonds payable from ad valorem taxes.
(b)  The board may include more than one purpose in a single proposition at an election.
(c)  Section 375.243, Local Government Code, does not apply to the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.153. Maintenance and Operation Tax

Sec. 3819.153.  MAINTENANCE AND OPERATION TAX.  (a)  If authorized at an election held in accordance with Section 3819.152, the district may impose an annual ad valorem tax on taxable property in the district for the:
(1)  maintenance and operation of the district and the improvements constructed or acquired by the district; or
(2)  provision of a service.
(b)  The board shall determine the tax rate.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.154. Assessments; Liens for Assessments

Sec. 3819.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose 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 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 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.155. Petition Required for Financing Services and Improvements

Sec. 3819.155.  PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS.  (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)  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 tax appraisal roll for Harris County; or
(2)  at least 25 owners of real property in the district, if more than 25 persons own real property in the district according to the most recent certified tax appraisal roll for Harris County.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.156. Utility Property Exempt From Impact Fees and Assessments

Sec. 3819.156.  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 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.157. Bonds and Other Obligations

Sec. 3819.157.  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 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 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.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.158. Municipality Not Required to Pay District Obligations

Sec. 3819.158.  MUNICIPALITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.  Except as provided by Section 375.263, Local Government Code, a municipality is not required to pay a bond, note, or other obligation of the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter D. Financial Provisions › Section 3819.159. Tax and Assessment Abatements

Sec. 3819.159.  TAX AND ASSESSMENT ABATEMENTS.  Without further authorization or other procedural requirement, the district may grant, consistent with Chapter 312, Tax Code, an abatement for a tax or assessment owed to the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3819 - Baybrook Management District › Subchapter E. Dissolution › Section 3819.201. Exception for Dissolution of District With Outstanding Debt

Sec. 3819.201.  EXCEPTION FOR DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.  (a)  The board may vote to dissolve a district that has debt.  If the vote is in favor of dissolution, the district shall remain in existence solely for the limited purpose of discharging its debts.  The dissolution is effective when all debts have been discharged.
(b)  Section 375.264, Local Government Code, does not apply to the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3820 - Buffalo Bayou Management District › Subchapter A. General Provisions › Section 3820.001. Definitions

Sec. 3820.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Buffalo Bayou Management District.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3820 - Buffalo Bayou Management District › Subchapter A. General Provisions › Section 3820.002. Buffalo Bayou Management District

Sec. 3820.002.  BUFFALO BAYOU MANAGEMENT DISTRICT.  The Buffalo Bayou Management District is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3820 - Buffalo Bayou Management District › Subchapter A. General Provisions › Section 3820.003. Purpose; Declaration of Intent

Sec. 3820.003.  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 area of the district.
(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 20, 2003, to the area in the district.  The district is created to supplement and not to supplant the county or city services provided in the area in the district.
Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.03, eff. April 1, 2007.