CHAPTER 3807. GREATER EAST END MANAGEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3807. GREATER EAST END MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3807.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Greater East End Management District.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.002. GREATER EAST END MANAGEMENT DISTRICT. A special
district in Harris County known as the "Greater East End
Management District" is a governmental agency and political
subdivision of this state.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes
of Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing Harris
County, the City of Houston, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section
52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the Greater East End area of the city of Houston.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided as of May 10, 1999, to
the area in the district or to release the county or the city
from the obligations of each entity to provide services to that
area. The district is created to supplement and not to supplant
the county or city services provided in the area in the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(c) The creation of the district is in the public interest and
is essential to:
(1) further the public purposes of developing and diversifying
the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and of the public;
(2) provide needed funding for the Greater East End area of the
city of Houston to preserve, maintain, and enhance the economic
health and vitality of the area as a community and business
center;
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic and
aesthetic beauty; and
(4) eliminate unemployment and underemployment and develop or
expand transportation and commerce by providing or by
participating with other entities and educational institutions in
establishing, equipping, financing, and operating workforce
development, workforce education, and job training opportunities.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 47,
Acts of the 76th Legislature, Regular Session, 1999, enacting
former Section 376.264, Local Government Code, 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 1, Chapter 47, Acts of the 76th Legislature, Regular
Session, 1999, enacting former Section 376.264, Local Government
Code, form a closure. A mistake in the field notes or in copying
the field notes in the legislative process does not in any way
affect:
(1) the district's organization, existence, and validity;
(2) the district's right to issue any type of bond, including a
refunding bond, for a purpose for which the district is created
or to pay the principal of and interest on the bond;
(3) the district's right to impose and collect an assessment or
tax; or
(4) the legality or operation of the district or the board.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.006. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapter 375, Local Government Code,
applies to the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3807.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of 15 directors who serve staggered terms of
four years, with seven directors' terms expiring June 1 of an
odd-numbered year and eight directors' terms expiring June 1 of
the following odd-numbered year.
(b) The board by resolution may increase or decrease the number
of directors on the board, but only if it is in the best interest
of the district to do so. The board may not:
(1) increase the number of directors to more than 30; or
(2) decrease the number of directors to fewer than nine.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.052. APPOINTMENT OF DIRECTORS. (a) The mayor and
members of the governing body of the City of Houston shall
appoint directors from persons recommended by the board.
Notwithstanding Subchapter D, Chapter 375, Local Government Code,
to be qualified to serve as director, a person must be at least
18 years of age and:
(1) be a resident of the district; or
(2) have a district business interest.
(b) Appointments to the board must ensure that:
(1) at least 60 percent of the directors are residents of the
district; and
(2) each director who does not reside in the district has a
district business interest.
(c) In this section, "district business interest" means owning
or controlling, directly or indirectly, more than a 10 percent
interest in a business entity located in the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
881, Sec. 1, eff. June 19, 2009.
Sec. 3807.053. BOARD OFFICERS. Notwithstanding Section 375.068,
Local Government Code, the board shall select a presiding officer
and other officers according to a rotating schedule as determined
by the board. A presiding officer may not serve consecutive
terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
881, Sec. 2, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3807.101. POWERS. The district has:
(1) all powers necessary to accomplish the purposes for which
the district was created; and
(2) the powers given to a corporation under Chapter 505, Local
Government Code, and the power to own, operate, acquire,
construct, lease, improve, and maintain projects.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.36, eff. April 1, 2009.
Sec. 3807.102. 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.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.103. CONTRACTS; GRANTS. (a) 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.
(b) Harris County, the City of Houston, or another political
subdivision of this state, without further authorization, may
contract with the district to implement a project of the district
or assist the district in providing a service authorized by this
chapter. A contract under this subsection may:
(1) be for a period on which the parties agree;
(2) include terms on which the parties agree;
(3) be payable from taxes or any other source of revenue that
may be available for that project or service; or
(4) provide terms under which taxes or other revenue collected
at a district project or from a person using or purchasing a
commodity or service at a district project may be paid or rebated
to the district.
(c) The district may enter into a contract, lease, or other
agreement with or make or accept a grant or loan to or from any
person, including:
(1) the United States;
(2) this state or a state agency;
(3) any political subdivision of this state; and
(4) a public or private corporation, including a nonprofit
corporation created by the board under this subchapter.
(d) The district may perform all acts necessary for the full
exercise of the powers vested in the district on terms and for
the period the board determines advisable.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.104. PLANS FOR WORKFORCE DEVELOPMENT SERVICES. (a)
The district shall develop and implement one or more plans for
workforce development services. The services may include:
(1) job training;
(2) workforce education;
(3) financing of special educational opportunities;
(4) student summer work programs; or
(5) other projects that promote workforce development.
(b) To assist in implementing a plan for workforce development
services, the district may:
(1) accept a donation, grant, or loan from any person;
(2) work with a school at any level;
(3) work with any person that provides workforce development
money or projects; or
(4) participate with any other entity.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.105. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch.
684, Sec. 7, eff. June 17, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3807.151. PETITION REQUIRED FOR FINANCING SERVICE OR
IMPROVEMENT. (a) The board may not finance a service or an
improvement project under this chapter unless a written petition
requesting that service or improvement is filed with the board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of real
property in the district according to the most recent certified
tax appraisal roll for Harris County; or
(2) at least 50 owners of land in the district, if more than 50
persons own property in the district according to the most recent
certified tax appraisal roll for Harris County.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.152. DISBURSEMENTS AND TRANSFERS OF MONEY. The board
by resolution shall establish the number of directors' signatures
and the procedure required for a disbursement or transfer of the
district's money.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.153. BOARD VOTE REQUIRED TO IMPOSE TAXES, ASSESSMENTS,
OR IMPACT FEES. The imposition of a tax, assessment, or impact
fee requires a vote of a majority of the directors serving.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.154. AUTHORITY TO IMPOSE AD VALOREM TAXES, ASSESSMENTS
AND IMPACT FEES. The district may impose an ad valorem tax,
assessment, or impact fee as provided by Chapter 375, Local
Government Code, to provide an improvement or a service for a
project or activity the district may acquire, construct, improve,
or provide under this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.155. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3807.159, the district
may impose an annual ad valorem tax on taxable property in the
district to:
(1) maintain and operate the district and the improvements
constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.156. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any
purpose authorized by this chapter.
(b) An assessment, a reassessment, or an assessment resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or
claim for county, school district, or municipal ad valorem taxes;
and
(3) are the personal liability of and a charge against the
owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
(d) The board may correct, add to, or delete assessments from
its assessment rolls after notice and hearing as provided by
Subchapter F, Chapter 375, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.157. PROPERTY EXEMPT FROM TAXES, IMPACT FEES, AND
ASSESSMENTS. (a) The district may not impose a tax, impact fee,
or assessment on a:
(1) single-family detached residential property;
(2) multiunit residential property consisting of fewer than 13
units; or
(3) condominium, if the condominium receives a residence
homestead exemption under Section 11.13, Tax Code, for the year
in which the tax, impact fee, or assessment is imposed.
(b) The district may not impose an impact fee or assessment on
the property, equipment, or facilities of a person that provides
to the public cable television, gas, light, power, telephone,
sewage, or water service.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
529, Sec. 1, eff. June 16, 2007.
Sec. 3807.158. OBLIGATIONS; APPROVAL BY CITY OF HOUSTON. (a)
The district may issue bonds or other obligations payable in
whole or in part from ad valorem taxes, assessments, impact fees,
revenue, grants, or other money of the district, or any
combination of those sources of money, to pay for any authorized
purpose of the district.
(b) In exercising the district's borrowing power, the district
may issue a bond or other obligation in the form of a bond, note,
certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) Except as provided by Subsection (d), the district must
obtain the approval of the City of Houston:
(1) for the issuance of a bond for each improvement project;
(2) of the plans and specifications of the improvement project
to be financed by the bond; and
(3) of the plans and specifications of a district improvement
project related to:
(A) the use of land owned by the City of Houston;
(B) an easement granted by the City of Houston; or
(C) a right-of-way of a street, road, or highway.
(d) If the district obtains the approval of the City of Houston
of a capital improvements budget for a specified period not to
exceed five years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the City of Houston.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 3807.159. ELECTIONS REGARDING TAXES OR BONDS. (a) In
addition to the elections required under Subchapter L, Chapter
375, Local Government Code, the district must hold an election in
the manner provided by that subchapter to obtain voter approval
before the district may:
(1) impose a maintenance tax; or
(2) issue a bond payable from ad valorem taxes or assessments.
(b) The board may submit multiple purposes in a single
proposition at an election.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
SUBCHAPTER E. DISSOLUTION
Sec. 3807.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.
If the district has debt when it is dissolved, the district shall
remain in existence solely for the purpose of discharging its
bonds or obligations according to their terms.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.