CHAPTER 3848. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3848. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3848.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Harris County Improvement District No.
8.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8. The
Harris County Improvement District No. 8 is a special district
created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.003. 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, the Metropolitan Transit Authority
of 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 transportation, parking,
housing, recreation, the arts, safety, scenic beauty, 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 September 1, 2007,
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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.004. 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 district will:
(1) promote the health, safety, and general welfare of district
residents and the public;
(2) provide needed funding for the district to preserve,
maintain, and enhance the economic health and vitality of the
area 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.
(d) 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.
(e) 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.005. DISTRICT TERRITORY. The district is composed of
the territory described by Section 3 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.006. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3848.051. COMPOSITION; TERMS. (a) The district is
governed by a board of nine voting directors who serve staggered
terms of four years, with four or five directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may increase or decrease the number
of voting 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 nine; or
(2) decrease the number of directors to fewer than five.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.052. APPOINTMENT OF DIRECTORS. The mayor and members
of the governing body of the City of Houston shall appoint voting
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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.053. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.054. QUORUM. (a) A majority of the board is a
quorum.
(b) Nonvoting directors and vacant director positions are not
counted for the purposes of establishing a board quorum.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.055. COMPENSATION OF VOTING DIRECTORS. Voting
directors may receive fees of office and reimbursement of
expenses as provided by Section 49.060, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3848.056. INITIAL VOTING DIRECTORS. (a) The initial board
consists of the following voting directors:
Pos. No.
Name of Director
1
Marilee Maden
2
David Angel
3
Mike McIver
4
Jeff Lagow
5
Wayne Davis
6
Derrick Mitchell
7
Theldon Branch
8
Tiffany Bingham-Briscoe
9
Gail Jackson
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 5 expire June 1, 2009, and the
terms of directors appointed for positions 6 through 9 expire
June 1, 2011.
(c) Section 3848.052 does not apply to this section.
(d) This section expires September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3848.101. DEVELOPMENT CORPORATION AND HOUSING CORPORATION
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 the projects 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.041, eff. September 1, 2009.
Sec. 3848.102. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.103. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.104. CONTRACT FOR LAW ENFORCEMENT SERVICES. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.105. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.106. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.107. ROAD POWERS. The district may exercise the
powers given to:
(1) a road district created under Chapter 257, Transportation
Code; and
(2) a road utility district created under Chapter 441,
Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.108. AIR RIGHTS; CONSTRUCTION. The district may
acquire air rights and may construct improvements on property on
which it only owns air rights.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.109. ADDITIONAL PROPERTY RIGHTS; LEASEHOLDS. The
district may construct improvements on property on which it only
has a leasehold interest and may own undivided interests in
buildings and other improvements.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.110. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3848.151. PUBLIC TRANSIT SYSTEM. The district may acquire,
lease as lessor or lessee, construct, develop, own, operate, and
maintain a public transit system to serve the area within the
boundaries of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
lease as lessor or lessee, construct, develop, own, operate, and
maintain parking facilities, including:
(1) lots, garages, parking terminals, or other structures or
accommodations for the parking of motor vehicles; and
(2) equipment, entrances, exits, fencing, and other accessories
necessary for safety and convenience in the parking of vehicles.
(b) A parking facility of the district must be either leased to
or operated on behalf of the district by a private entity or an
entity other than the district. The district's parking
facilities are a program authorized by the legislature under
Section 52-a, Article III, Texas Constitution, and accomplish a
public purpose under that section even if leased or operated by a
private entity for a term of years.
(c) The district's public parking facilities and any lease to a
private entity are exempt from the payment of ad valorem taxes
and state and local sales and use taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.153. RULES. The district may adopt rules covering its
public transit system or its public parking facilities except
that a rule relating to or affecting the use of the public
right-of-way or a requirement for off-street parking is subject
to all applicable municipal charter, code, or ordinance
requirements.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PARKING
FACILITIES. (a) The district may use any of its resources,
including revenue, assessments, taxes, and grant or contract
proceeds, to pay the cost of acquiring and operating a public
transit system or public parking facilities.
(b) The district may set and impose fees, charges, or tolls for
the use of the public transit system or the public parking
facilities and may issue bonds or notes to finance the cost of
these facilities.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3848.201. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.202. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3848.207, 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.
(c) An owner of real property in the district, except property
exempt under the Texas or United States Constitution or under the
Tax Code, is liable for the payment of ad valorem taxes imposed
by the district on the property.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.203. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.204. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.205. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.206. LIMIT ON PARKS AND RECREATION BONDS. Bonds
issued to finance parks and recreational facilities may not
exceed one percent of the assessed value of the real property in
the district according to the most recent certified tax appraisal
roll for Harris County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.207. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
Sec. 3848.208. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.
SUBCHAPTER F. DISSOLUTION
Sec. 3848.251. 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 2007, 80th Leg., R.S., Ch.
1315, Sec. 2, eff. June 15, 2007.