CHAPTER 3830. SPRING BRANCH AREA COMMUNITY IMPROVEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3830. SPRING BRANCH AREA COMMUNITY IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3830.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Spring Branch Area Community
Improvement District.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3830.002. SPRING BRANCH AREA COMMUNITY IMPROVEMENT
DISTRICT. The Spring Branch Area Community Improvement 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. 3830.003. 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.
(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. 3830.004. 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. 3830.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 4, Chapter 777,
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 777, 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. 3830.006. 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. 3830.007. 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. 3830.051. COMPOSITION; TERMS. (a) The district is
governed by a board of 13 directors appointed under Section
3830.053.
(b) Directors serve staggered terms of four years, with six or
seven directors' terms expiring June 1 of each odd-numbered year.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3830.052. QUALIFICATIONS. (a) To be qualified to serve as
a director, a person must be at least 18 years old and:
(1) an owner of property subject to assessment by the district;
(2) an owner of a beneficial interest in a trust that owns
property subject to assessment by the district; or
(3) an agent, employee, or tenant nominated by a person
described in Subdivision (1) or (2).
(b) Section 375.063, 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. 3830.053. 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.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3830.054. 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 same 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.
Sec. 3830.055. NOTICE AND APPROVAL OF PROPERTY OWNERS. (a) Not
later than the 30th day before the date of the first board
meeting, written notice must be mailed by certified mail, return
receipt requested, to each property owner in the district who
could be subject to assessment by the district at the address of
the property owner as reflected on the most recent certified tax
appraisal roll for Harris County.
(b) The notice under Subsection (a) must include:
(1) a description and definition of the district;
(2) the purpose of the district;
(3) a statement that the district, by action of the board, may
charge an assessment for an improvement to be made in the
district; and
(4) the time, date, and location of the first board meeting.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3830.101. 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.
729, Sec. 1.03, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.55, eff. April 1, 2009.
Sec. 3830.102. 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. 3830.103. 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. 3830.104. LAW ENFORCEMENT SERVICES. To protect the public
interest, the district may contract 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. 3830.105. 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. 3830.106. ELECTRONIC TRANSMISSIONS. (a) The district may
acquire, operate, or charge fees for the use of the district
conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting facility.
(b) The district may not require a person to use a district
conduit.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3830.151. 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. 3830.152. 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 resolution of the
board 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.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.03, eff. April 1, 2007.
Sec. 3830.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or
improvement project with assessments or bonds 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.
(c) A petition requesting a project financed by bonds must be
signed by the owners of a majority of the assessed value of real
property in the district that will be subject to the 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. 3830.154. 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, Sec. 1.03, eff. April 1, 2007.
Sec. 3830.155. 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) 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.
SUBCHAPTER E. DISSOLUTION
Sec. 3830.201. 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.