reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.255. Disadvantaged Businesses

Sec. 3833.255.  DISADVANTAGED BUSINESSES.  Section 375.222, Local Government Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.256. Audit

Sec. 3833.256.  AUDIT.  (a)  The board shall have the district's fiscal accounts and records audited annually.  The audit must be completed not later than the 120th day after the date on which the district's fiscal year ends.
(b)  The person who performs the audit must hold a license issued under Chapter 901, Occupations Code.
(c)  The audit must be performed according to generally accepted auditing standards.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.257. State Auditor

Sec. 3833.257.  STATE AUDITOR.  The state auditor may audit the financial transactions of the district if the state auditor determines the audit is necessary.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.258. Financial Reports

Sec. 3833.258.  FINANCIAL REPORTS.  (a)  The district shall keep a full and itemized account of district money.  These accounts must be available for audit.
(b)  Financial statements must be prepared in accordance with generally accepted accounting principles.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.259. Applicability of Water Districts Law on Construction, Equipment, Materials, and Machinery Contracts

Sec. 3833.259.  APPLICABILITY OF WATER DISTRICTS LAW ON CONSTRUCTION, EQUIPMENT, MATERIALS, AND MACHINERY CONTRACTS.  (a)  Except as provided by Subsection (b), Subchapter I, Chapter 49, Water Code, applies to the district.
(b)  Section 49.279, Water Code, does not apply to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.260. Prevailing Wage Rates; City

Sec. 3833.260.  PREVAILING WAGE RATES; CITY.  The district shall use the prevailing wage rate in the city for purposes of complying with Section 2258.022, Government Code.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.261. High Technology Procurement

Sec. 3833.261.  HIGH TECHNOLOGY PROCUREMENT.  In making a high technology procurement, the district must comply with Sections 252.021(a) and 252.042, Local Government Code, in the same manner as a municipality governed by those sections.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter F. General Financial Provisions › Section 3833.262. Assessments or Impact Fees Not Authorized

Sec. 3833.262.  ASSESSMENTS OR IMPACT FEES NOT AUTHORIZED.  The district may not impose an assessment or impact fee.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter G. Taxes › Section 3833.301. Ad Valorem Taxes for Maintenance and Operation or to Pay Bonds

Sec. 3833.301.  AD VALOREM TAXES FOR MAINTENANCE AND OPERATION OR TO PAY BONDS.  Section 49.107, Water Code, and Subchapter G, Chapter 54, Water Code, apply to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter G. Taxes › Section 3833.302. Eligibility for Inclusion in Special Zones

Sec. 3833.302.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.  (a)  All or any part of the area of the district is eligible to be included in a tax increment reinvestment zone created by the city under Chapter 311, Tax Code.
(b)  If the city includes all or part of the district in a tax increment reinvestment zone, the city may, for the area in the district, delegate to the district:
(1)  all powers provided to the city under Chapter 311, Tax Code; or
(2)  the power to enter into an interlocal agreement with an overlapping taxing unit for payment of all or a portion of the tax increment of the unit to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter G. Taxes › Section 3833.303. No Sales and Use Tax

Sec. 3833.303.  NO SALES AND USE TAX.  The district may not impose a sales or use tax.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter G. Taxes › Section 3833.304. No Tax Phase-Ins and Abatements

Sec. 3833.304.  NO TAX PHASE-INS AND ABATEMENTS.  The district may not grant a tax abatement or phase-in under Chapter 311 or 312, Tax Code, or any other law.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.351. Bonds and Other Obligations

Sec. 3833.351.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds payable wholly or partly from ad valorem taxes, 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)  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. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.352. City Consent for Public Improvements Bonds

Sec. 3833.352.  CITY CONSENT FOR PUBLIC IMPROVEMENTS BONDS.  Before issuing any bonds in connection with an improvement under Subchapter C or Section 3833.206, the district must obtain the approval of the city's governing body by a resolution approving:
(1)  the issuance of the bonds; and
(2)  the plans and specifications of the improvement, including any substantial alteration to a plan or specification.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.353. City Not Required to Pay District Obligations

Sec. 3833.353.  CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.  Except as provided by Section 3833.452, the city is not required to pay a bond, note, or other obligation of the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.354. Applicability of Municipal Utility Districts Bonds Law

Sec. 3833.354.  APPLICABILITY OF MUNICIPAL UTILITY DISTRICTS BONDS LAW.  Sections 54.510, 54.512, 54.518, 54.520, and 54.521, Water Code, apply to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.355. Bond Sales

Sec. 3833.355.  BOND SALES.  Section 49.183, Water Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.356. Bond Elections; General

Sec. 3833.356.  BOND ELECTIONS; GENERAL.  Section 49.106, Water Code, applies to the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.357. Bond Election Required

Sec. 3833.357.  BOND ELECTION REQUIRED.  The district may not issue bonds payable in whole or in part from taxes unless the issuance is approved by a majority of the registered voters in the district voting at an election held for that purpose.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.358. Bond Election Not Required

Sec. 3833.358.  BOND ELECTION NOT REQUIRED.  The district may issue bonds payable only from sources other than taxes without an election.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter H. Bonds › Section 3833.359. Pledges

Sec. 3833.359.  PLEDGES.  (a)  The district may pledge to the payment of the principal or interest or any other amounts due under district bonds all or any part of:
(1)  district taxes;
(2)  revenue from a public improvement financed under this chapter, except as provided by Subsection (c); or
(3)  money from grants, donations, or other income or funds received or to be received from any public or private entity.
(b)  The district shall set and collect the pledged funds in amounts that are at least sufficient, with any other pledged resources, to provide for all payments of principal, interest, and any other amounts due or required in connection with the bonds and, to the extent required by the order or resolution authorizing the issuance of the bonds, to provide for the payment of expenses in connection with the bonds and to pay operation, maintenance, and other expenses in connection with the public improvements undertaken by the district.
(c)  The district may not encumber, or pledge revenue under this section from, a public improvement that the district may be required to transfer under Section 3833.151.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter I. Additional Election Provisions › Section 3833.401. Time of Election

Sec. 3833.401.  TIME OF ELECTION.  An election held under this chapter may be held at the same time and in conjunction with any other election.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter I. Additional Election Provisions › Section 3833.402. Election Called by Board

Sec. 3833.402.  ELECTION CALLED BY BOARD.  The board may call an election for the purpose of voting on any measure.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter J. Dissolution › Section 3833.451. Dissolution by City Vote

Sec. 3833.451.  DISSOLUTION BY CITY VOTE.  The governing body of the city, by a vote of not less than two-thirds of its membership, may by resolution dissolve the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3833 - Espada Development District › Subchapter J. Dissolution › Section 3833.452. Assets and Liabilities to City

Sec. 3833.452.  ASSETS AND LIABILITIES TO CITY.  After a dissolution under this subchapter, the city assumes all debts and assets of the district.
Added by Acts 2005, 79th Leg., Ch. 468 (S.B. 1892), Sec. 1, eff. June 17, 2006.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.001. Definitions

Sec. 3834.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "District" means the Harris County Improvement District No. 5.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.002. Harris County Improvement District No

Sec. 3834.002.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 5.  The Harris County Improvement District No. 5 is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.003. Purpose; Declaration of Intent

Sec. 3834.003.  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 and adjacent areas.
(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 the effective date of this Act, 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 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.004. Findings of Benefit and Public Purpose

Sec. 3834.004.  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 residential neighborhood and a commercially viable area; 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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.005. District Territory

Sec. 3834.005.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under:
(1)  Subchapter J, Chapter 49, Water Code; or
(2)  other law.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.006. Applicability of Municipal Management Districts Law

Sec. 3834.006.  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 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter A. General Provisions › Section 3834.007. Liberal Construction of Chapter

Sec. 3834.007.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter B. Board of Directors › Section 3834.051. Board of Directors; Terms

Sec. 3834.051.  BOARD OF DIRECTORS; TERMS.  (a)  The district is governed by a board of 11 voting directors who serve staggered terms of four years, with five or six 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 5 or more than 15 directors.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter B. Board of Directors › Section 3834.052. Qualifications

Sec. 3834.052.  QUALIFICATIONS.  (a)  Three voting directors on the board must reside in a residential area adjacent to the district and eight voting directors must represent commercial property owners or tenants in the district.
(b)  If the total number of voting directors of the board is increased or reduced, the board must maintain the same percentage of representation of residential and commercial areas on the board.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter B. Board of Directors › Section 3834.053. Appointment of Directors

Sec. 3834.053.  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.  A person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter B. Board of Directors › Section 3834.054. Nonvoting Directors

Sec. 3834.054.  NONVOTING DIRECTORS.  (a)  The following persons 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; and
(C)  public works; 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.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter B. Board of Directors › Section 3834.055. Quorum

Sec. 3834.055.  QUORUM.  (a)  Section 375.071, Local Government Code, does not apply to the district.
(b)  A majority of the board is a quorum.
(c)  Nonvoting directors and vacant director positions are not counted for the purposes of establishing a board quorum.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter B. Board of Directors › Section 3834.056. Conflicts of Interest; One-Time Affidavit

Sec. 3834.056.  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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.101. Additional Powers of District

Sec. 3834.101.  ADDITIONAL POWERS OF DISTRICT.  The district may exercise the powers given to:
(1)  a corporation under Chapter 505, Local Government Code; and
(2)  a housing finance corporation under Chapter 394, Local Government Code, to provide housing or residential development projects in the district.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.57, eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.102. Nonprofit Corporation

Sec. 3834.102.  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 same conditions as the board of directors of a local government corporation created under Chapter 431, Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.103. Agreements; Grants

Sec. 3834.103.  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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.104. Authority to Contract for Law Enforcement

Sec. 3834.104.  AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.  To protect the public interest, the district may contract with Harris County or the City of Houston for the county or the city to provide law enforcement services in the district for a fee.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.105. Approval by City of Houston

Sec. 3834.105.  APPROVAL BY CITY OF HOUSTON.  (a)  Except as provided by Subsection (b), the district must obtain the approval of the City of Houston's governing body for:
(1)  the issuance of a bond for each improvement project;
(2)  the plans and specifications of the improvement project financed by the bond; and
(3)  the plans and specifications of any district improvement project related to the use of land owned by the City of Houston, an easement granted by the City of Houston, or a right-of-way of a street, road, or highway.
(b)  If the district obtains the approval of the City of Houston's governing body 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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.106. Membership in Charitable Organizations

Sec. 3834.106.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  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; and
(2)  performs a service or provides an activity consistent with the furtherance of a district purpose.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.107. Removal of Dangerous Buildings

Sec. 3834.107.  REMOVAL OF DANGEROUS BUILDINGS.  (a)  The district may cooperate with the City of Houston to have the City of Houston demolish and remove dangerous buildings in or outside the district as provided by this section.
(b)  The district may cooperate with the City of Houston to demolish and remove dangerous buildings outside the district if:
(1)  the district makes a determination that demolition and removal would benefit the district; and
(2)  the City of Houston agrees.
(c)  The district may borrow money to finance the demolition and removal of dangerous buildings under this section without complying with Section 3834.152.
(d)  The City of Houston may reimburse the district for all costs financed by the district from:
(1)  the proceeds of foreclosure on any demolition lien on the property; or
(2)  any other money the city collects or appropriates for the costs.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.108. Notice

Sec. 3834.108.  NOTICE.  Notice required by Chapter 375, Local Government Code, may be sent by first class U.S. Mail rather than certified mail, return receipt requested, if the board of directors determines that first class mail is preferable and provides adequate notice.  If the board determines that first class mail is preferable, the board must publish notice in a newspaper of general circulation in the district at least 20 days before the event of which the district is giving notice.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.109. No Eminent Domain

Sec. 3834.109.  NO EMINENT DOMAIN.  The district may not exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.110. Annexation or Exclusion of Land

Sec. 3834.110.  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. 1082 (H.B. 4771), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.111. Economic Development Programs

Sec. 3834.111.  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. 1082 (H.B. 4771), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter C. Powers and Duties › Section 3834.112. Tax Increment Reinvestment Zones

Sec. 3834.112.  TAX INCREMENT REINVESTMENT ZONES.  (a)  The district is authorized to establish and implement tax increment reinvestment zones as provided in Chapter 311, Tax Code, in the same manner as a municipality.
(b)  All or any part of the district may be included in a tax increment reinvestment zone, regardless of the percentage of total value the land represents to the district as a whole, or whether the land is used for residential purposes.
(c)  Section 311.006, Tax Code, does not apply to a reinvestment zone that contains land within the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1082 (H.B. 4771), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.151. Disbursements and Transfers of Money

Sec. 3834.151.  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 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.152. Petition Required for Financing Services and Improvements

Sec. 3834.152.  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)  A petition requesting a project financed by assessment 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 50 owners of real property in the district that will be subject to the assessment, if more than 50 persons own real property subject to the assessment in the district according to the most recent certified tax appraisal roll for Harris County.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.153. Maintenance Tax

Sec. 3834.153.  MAINTENANCE TAX.  (a)  If authorized at an election held in accordance with Section 3834.157, the district may impose an annual ad valorem tax on taxable property in the district to:
(1)  administer the district;
(2)  maintain and operate the district;
(3)  construct or acquire improvements; or
(4)  provide a service.
(b)  The board shall determine the tax rate.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.154. Assessments; Liens for Assessments

Sec. 3834.154.  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 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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.155. Utility Property Exempt From Impact Fees and Assessments

Sec. 3834.155.  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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.156. Bonds and Other Obligations

Sec. 3834.156.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds or other obligations payable wholly or partly from 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)  The district may borrow money according to terms and conditions 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.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1082 (H.B. 4771), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.157. Tax and Bond Elections

Sec. 3834.157.  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 not 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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.158. Municipality Not Required to Pay District Obligations

Sec. 3834.158.  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. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter D. Financial Provisions › Section 3834.159. Competitive Bidding

Sec. 3834.159.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $50,000.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1082 (H.B. 4771), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter E. Dissolution › Section 3834.201. Dissolution of District With Outstanding Debt

Sec. 3834.201.  DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.  (a)  The board may dissolve the district regardless of whether the district has debt.  Section 375.264, Local Government Code, does not apply to the district.
(b)  If the district has debt when it is dissolved, the district shall remain in existence solely for the purpose of discharging its debts.  The dissolution is effective when all debts have been discharged.
Added by Acts 2005, 79th Leg., Ch. 861 (S.B. 993), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3834 - Harris County Improvement District No. 5 › Subchapter F. Taxes for Certain Defined Areas and Designated Property › Section 3834.251. Authority to Establish Defined Areas or Designated Property

Sec. 3834.251.  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. 1082 (H.B. 4771), Sec. 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 3834 - Harris County Improvement District No. 5 › Subchapter F. Taxes for Certain Defined Areas and Designated Property › Section 3834.252. Procedure for Election

Sec. 3834.252.  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 3834.251, the board must call and hold an election as provided by Section 3834.157 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. 1082 (H.B. 4771), Sec. 4, eff. June 19, 2009.