CHAPTER 3820. BUFFALO BAYOU MANAGEMENT DISTRICT
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
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, Sec. 1.03, eff. April 1, 2007.
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, Sec. 1.03, eff. April 1, 2007.
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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.004. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 997,
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 997, 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.006. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.007. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.008. 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, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3820.051. COMPOSITION; TERMS. (a) Except as provided by
Subsection (c), the district is governed by a board of 31 voting
directors appointed under Section 3820.052 and nonvoting
directors as provided by Section 3820.053.
(b) Voting directors serve staggered terms of four years, with
15 or 16 directors' terms expiring June 1 of each odd-numbered
year.
(c) The board by resolution may 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 five
directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.052. APPOINTMENT OF DIRECTORS. The mayor and members
of the governing body of the City of Houston shall appoint voting
directors. 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.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.053. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.054. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a)
Except as provided by this section:
(1) a voting director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs conflicts of
interest for voting 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, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3820.101. 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, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.48, eff. April 1, 2009.
Sec. 3820.102. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.103. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.104. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $15,000.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.106. 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, as amended; and
(2) performs a service or provides an activity consistent with
the furtherance of a district purpose.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.107. 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, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3820.151. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.152. 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 not submit multiple purposes 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.153. MAINTENANCE AND OPERATION TAX. (a) If
authorized at an election held in accordance with Section
3820.152, 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.154. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.155. 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 the owners of a majority of
the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for Harris County.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.156. 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 cable operator as defined by 47 U.S.C. Section 522, as
amended.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.157. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.158. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the City of Houston is not required to pay a
bond, note, or other obligation of the district.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3820.159. 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 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 3820.201. 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, Sec. 1.03, eff. April 1, 2007.