CHAPTER 3835. WEST FORT BEND MANAGEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3835. WEST FORT BEND MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3835.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the West Fort Bend Management District.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.002. WEST FORT BEND MANAGEMENT DISTRICT. The West
Fort Bend Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.003. 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 cities
of Richmond and Rosenberg, Fort Bend 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 territory.
(c) The creation of the district will establish an economic
climate that encourages sustainable growth and improves the
quality of life of citizens.
(d) This chapter and the creation of the district may not be
interpreted to relieve Fort Bend County and the Cities of
Richmond and Rosenberg from providing the level of services
provided as of the effective date of the Act enacting this
chapter, 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.004. 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 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, parking, 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.005. DISTRICT TERRITORY. (a) 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.
(b) The boundaries and field notes of the district contained in
Section 2 of the Act enacting this chapter 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 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
the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.006. 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 a municipality
under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by a municipality
under Chapter 312, Tax Code; or
(3) an enterprise zone created by a municipality under Chapter
2303, Government Code.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.007. 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.008. 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.
894, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3835.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three 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 five or more than 15 voting directors.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.052. APPOINTMENT OF DIRECTORS. (a) From persons
recommended by the board:
(1) the City of Richmond shall appoint two voting directors;
(2) the City of Rosenberg shall appoint two voting directors;
and
(3) the cities shall jointly appoint one voting director.
(b) For an appointment under Subsection (a)(1) or (2), a person
is appointed if a majority of the members of the governing body
of the city, including the mayor, vote to appoint that person.
For an appointment under Subsection (a)(3), a person is appointed
if a majority of the members of the governing body of each city,
including the mayor, vote to appoint that person.
(c) If the board increases the number of voting directors from
five, an equal number of directors must be appointed by the
Cities of Richmond and Rosenberg. The remaining director, if
any, must be appointed jointly by the cities as provided by this
section.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.054. QUORUM. For purposes of determining the
requirements for a quorum, the following are not counted:
(1) a board position vacant for any reason, including death,
resignation, or disqualification;
(2) a director who is abstaining from participation in a vote
because of a conflict of interest; or
(3) a nonvoting director.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
For expiration of this section, see Subsection (d).
Sec. 3835.055. INITIAL VOTING DIRECTORS. (a) The initial board
consists of the following voting directors:
Pos. No.
Name of Director
1
Lane Ward
2
Paul J. Council
3
Joey Dupres
4
Bill Knesek
5
Pat Gubbels
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2009.
(c) Section 3835.052 does not apply to this section.
(d) This section expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3835.101. 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, or maintain a project described by that chapter; 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.
894, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.58, eff. April 1, 2009.
Sec. 3835.102. POWER TO ESTABLISH DEVELOPMENT STANDARDS AND
GUIDELINES; DISSOLUTION. (a) The board may establish
architectural and landscaping standards and guidelines, and may
require new construction, development, or redevelopment in the
district to comply with those standards and guidelines. The
board may not establish standards or guidelines under this
section unless the governing bodies of the cities of Richmond and
Rosenberg each consent by resolution or ordinance to the
establishment of the standards or guidelines.
(b) A standard or guideline established by the board under this
section is in addition to regulations of the City of Richmond or
Rosenberg. To the extent of any conflict between a board
standard or guideline established under this section and a
regulation of the City of Richmond or Rosenberg, the more
restrictive standard, guideline, or regulation controls.
(c) The board may provide in a standard or guideline that if the
district dissolves, the restriction in the standard or guideline
continues in effect after the dissolution as a regulation of the
city with jurisdiction over the territory to which the standard
or guideline applies until modified or repealed by the governing
body of the City of Richmond or Rosenberg, as appropriate.
(d) The district may not regulate land use.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.103. 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. A director of the corporation is not
required to reside in the district.
(d) 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.104. 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with Fort
Bend County or the City of Richmond or Rosenberg for the county
or the city to provide law enforcement services in the district
for a fee.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.106. 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.107. 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) For purposes of this section, the district has all of the
powers of a municipality under Chapter 380, Local Government
Code.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.108. NO EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.109. ANNEXATION IN OR NEAR CITY. (a) In addition to
the authority to annex territory under Subchapter C, Chapter 375,
Local Government Code, and Subchapter J, Chapter 49, Water Code,
the district may annex territory in the corporate limits or
extraterritorial jurisdictions of the City of Rosenberg or the
City of Richmond if:
(1) the governing body of the city requests the annexation of
its territory by ordinance or resolution;
(2) the board holds a hearing to consider the city's request;
and
(3) the board determines that it is feasible, practicable, and
to the district's advantage.
(b) The district may not annex a single-family residence under
this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
559, Sec. 1, eff. June 16, 2007.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3835.151. 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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. The
district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (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 filed under Subsection (a) 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 Fort Bend County.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.154. METHOD OF NOTICE FOR HEARING. The district may
mail the notice required by Section 375.115(c), Local Government
Code, by certified United States mail or an equivalent service
that can provide a record of mailing or other delivery.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.156. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 3835.160, the district
may impose an annual ad valorem tax on taxable property in the
district for any district purpose, including to:
(1) promote economic development;
(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.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.157. PROPERTY EXEMPT FROM IMPACT FEES OR ASSESSMENTS.
(a) 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.
(b) The district may not impose an assessment on single-family
residential property.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.158. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue by competitive bid or negotiated sale bonds or other
obligations payable wholly or partly from 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. The sources of money may
include economic development money contributed by the City of
Richmond or Rosenberg or by an economic development corporation
created under the Development Corporation Act (Subtitle C1, Title
12, Local Government Code).
(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.
894, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.59, eff. April 1, 2009.
Sec. 3835.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the
time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual ad valorem
tax, without limit as to rate or amount, for each year that all
or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem tax on all
taxable property in the district in an amount sufficient to:
(A) pay the interest on the bonds or other obligations as the
interest becomes due;
(B) create a sinking fund for the payment of the principal of
the bonds or other obligations when due or the redemption price
at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.160. 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 an ad valorem tax or issues bonds payable from
ad valorem taxes.
(b) Section 375.243, Local Government Code, does not apply to
the district.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.161. CITIES NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.
Except as provided by Section 375.263, Local Government Code, the
Cities of Richmond and Rosenberg are not required to pay a bond,
note, or other obligation of the district.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.162. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
Added by Acts 2005, 79th Leg., Ch.
894, Sec. 1, eff. June 17, 2005.
Sec. 3835.163. 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.
894, Sec. 1, eff. June 17, 2005.
SUBCHAPTER E. DISSOLUTION
Sec. 3835.201. 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.
894, Sec. 1, eff. June 17, 2005.