CHAPTER 3856. GALVESTON GRAND BEACH MANAGEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3856. GALVESTON GRAND BEACH MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3856.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "District" means the Galveston Grand Beach Management
District.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.002. GALVESTON GRAND BEACH MANAGEMENT DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.003. 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
Galveston, Galveston 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.
(c) This chapter and the creation of the district may not be
interpreted to relieve the City of Galveston or Galveston County
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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.004. 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 residential 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.005. 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) Section 3856.108;
(2) Subchapter J, Chapter 49, Water Code; or
(3) 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.006. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.007. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3856.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of nine voting directors appointed under
Section 3856.052 and nonvoting directors as provided by Section
3856.053.
(b) Voting directors serve staggered terms of four years, with
four or five directors' terms expiring June 1 of each
odd-numbered year.
(c) The board by resolution may increase or decrease the number
of directors on the board if the board finds that it is in the
best interest of the district. The board may not consist of
fewer than seven or more than 13 directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.052. APPOINTMENT OF DIRECTORS. The board shall
nominate a slate of persons to serve on the succeeding board as
voting directors. The members of the governing body of the City
of Galveston shall appoint as voting directors the slate of
persons nominated by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.053. NONVOTING DIRECTORS. (a) The following persons
serve as nonvoting directors:
(1) the directors of the following departments of the City of
Galveston or a person designated by that director:
(A) parks and recreation;
(B) planning and zoning; and
(C) public works; and
(2) the city manager of the City of Galveston or a person
designated by the city manager.
(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 entity.
(c) Nonvoting directors are not counted for the purposes of
establishing a quorum of the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.054. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3856.055. INITIAL VOTING DIRECTORS. (a) The initial board
consists of the following voting directors:
Pos. No.
Name of Director
1
Richard G. Anderson
2
Arnold C. Tauch
3
Tofigh Shirazi
4
Jim Carpenter
5
Frank Schaefer
6
Donna Coleman
7
Martha Wallace
8
Juan Pena
9
Chad Murphy
(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 3856.052 does not apply to this section.
(d) This section expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3856.101. ADDITIONAL POWERS OF DISTRICT. The district may
exercise the powers given to:
(1) a corporation created 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 created under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district;
(3) a road utility district under Chapter 441, Transportation
Code;
(4) a navigation district under Subchapters E and M, Chapter 60,
Water Code; and
(5) a navigation district under Section 61.116, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.045, eff. September 1, 2009.
Sec. 3856.102. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.103. 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.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with
Galveston County or the City of Galveston to provide law
enforcement services in the district for a fee.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.105. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. (a) 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.
(b) An expenditure of public money for membership in the
organization is considered to further a district purpose and to
be for a public purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.107. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.108. ANNEXATION. In addition to the authority to
annex territory under Subchapter C, Chapter 375, Local Government
Code, the district may annex territory in a reinvestment zone
created by the City of Galveston under Chapter 311, Tax Code, if
the city's governing body consents to the annexation.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.109. NO EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3856.151. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.152. 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 an ad valorem tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply to
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.153. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 3856.152, the district
may impose an annual ad valorem tax on taxable property in the
district to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose and collect an assessment for any
purpose authorized by this chapter.
(b) The board may not impose an assessment on a parcel of real
property with a taxable value of less than $50,000 at the time of
the assessment, according to the most recent certified tax
appraisal roll for Galveston County, unless the owner of that
parcel agrees in writing to pay the assessment.
(c) 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.
(d) 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.
(e) 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.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.155. 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) The petition 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 Galveston County; or
(2) at least 25 persons who own real property in the district,
if more than 25 persons own real property in the district
according to the most recent certified tax appraisal roll for
Galveston County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR
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; or
(3) a person who provides to the public cable television or
advanced telecommunications services.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.157. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue 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.
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.
Sec. 3856.158. 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.
1128, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 3856.201. 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 2007, 80th Leg., R.S., Ch.
1128, Sec. 1, eff. June 15, 2007.