CHAPTER 3857. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3857. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3857.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Chambers-Liberty Counties Improvement
District.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.002. CHAMBERS-LIBERTY COUNTIES IMPROVEMENT DISTRICT.
The district is a special district created under Sections 52 and
52-a, Article III, and Section 59, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.003. 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 Chambers
and Liberty Counties 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 automobile transportation,
housing, recreation, the arts, safety, and the public welfare in
the district territory.
(c) This chapter and the creation of the district may not be
interpreted to relieve Chambers and Liberty Counties 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 services provided in the area in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.004. 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 residents
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 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, parking, 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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.005. DISTRICT TERRITORY. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.006. 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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.007. 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.
1286, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3857.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five 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 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 directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.052. APPOINTMENT OF DIRECTORS. From persons
recommended by the board, the county judge:
(1) of Liberty County shall appoint directors for positions 1,
2, and 3; and
(2) of Chambers County shall appoint directors for positions 4
and 5.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.053. 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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.054. COMPENSATION. (a) Sections 375.069 and 375.070,
Local Government Code, do not apply to the board.
(b) Section 49.060, Water Code, applies to the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3857.055. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No.
Name of Director
1
Ford J. Frost
2
Ann Chiles Frost
3
George M. Kuhn, Jr.
4
Allan Waldrop
5
Steven L. Devillier
(b) Of the initial directors, the terms of directors appointed
for positions 1 through 3 expire June 1, 2009, and the terms of
directors appointed for positions 4 and 5 expire June 1, 2011.
(c) Section 3857.052 does not apply to this section.
(d) This section expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3857.101. MUNICIPAL UTILITY DISTRICT. The district has the
powers given to a municipal utility district created under
Chapters 49 and 54, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.102. ROAD POWERS. (a) The district has the powers
given to a road district created under Section 52, Article III,
Texas Constitution, including:
(1) a road district under Chapter 257, Transportation Code; and
(2) a road utility district under Chapter 441, Transportation
Code.
(b) The district has the power under Subsection (a) to finance
arterials, including a farm-to-market road, state highway, and
county road.
(c) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations
of each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located. If the
district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, a road project
must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each county in which
the district is located.
(d) The district may not undertake a road project outside the
district unless each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located consents by
resolution. If the district is not located in the corporate
limits or extraterritorial jurisdiction of a municipality, the
district may not undertake a road project outside the district
unless each county in which the district is located consents by
resolution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.103. 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. 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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.104. 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 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with
Chambers or Liberty County for the county to provide law
enforcement services in the district for a fee.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.106. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3857.151. 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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.152. 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 improvement or service 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 as determined by
the most recent certified tax appraisal roll for Chambers or
Liberty County; or
(2) at least 50 persons who own real property in the district,
if more than 50 persons own real property in the district as
determined by the most recent certified tax appraisal roll for
Chambers or Liberty County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.153. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3857.160, the district
may impose an annual ad valorem tax on taxable property in the
district to:
(1) maintain and operate the district and the improvements
constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
board by resolution may impose 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 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.155. 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;
(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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.156. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue by competitive bid or negotiated sale bonds, notes, 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 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.157. APPROVAL REQUIRED FOR WATER-RELATED BONDS. The
district may not issue bonds to finance water, sewage, or
drainage facilities without the approval of the Texas Commission
on Environmental Quality.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.158. COUNTIES NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a county is not required to pay a bond, note, or
other obligation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.159. 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.
1286, Sec. 1, eff. June 15, 2007.
Sec. 3857.160. ELECTIONS REGARDING TAXES OR BONDS. (a) In
addition to the elections required under Subchapter L, Chapter
375, Local Government Code, the district must hold an election in
the manner provided by that subchapter to obtain voter approval
before the district may:
(1) impose a maintenance tax; or
(2) issue a bond payable from ad valorem taxes or assessments.
(b) The board may 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 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 3857.201. 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 2007, 80th Leg., R.S., Ch.
1286, Sec. 1, eff. June 15, 2007.