CHAPTER 3859. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 9
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3859. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 9
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3859.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Harris County Improvement District No.
9.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 9. A
special district known as the "Harris County Improvement District
No. 9" is a governmental agency and political subdivision of this
state.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.003. 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, 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 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 or to release the county or the city
from the obligations of each entity to provide services to that
area. 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.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.004. 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) Each improvement project or service authorized by this
chapter is essential to carry out a public purpose.
(d) 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.
(e) 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 for the district to preserve,
maintain, and enhance the economic health and vitality of the
area as a community and business center;
(3) promote the health, safety, welfare, and enjoyment of the
public by providing public art and pedestrian ways and by
landscaping and developing certain areas in the district, which
are necessary for the restoration, preservation, and enhancement
of scenic and aesthetic beauty;
(4) promote and benefit commercial development and commercial
areas in the district; and
(5) promote and develop public transportation and pedestrian
facilities and systems using new and alternative means that are
attractive, safe, and convenient, including securing expanded and
improved transportation and pedestrian facilities and systems,
to:
(A) address the problem of traffic congestion in the district,
the need to control traffic and improve pedestrian safety, and
the limited availability of money; and
(B) benefit the land and other property in the district and the
residents, employers, employees, visitors, and consumers in the
district and the public.
(f) 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.
(g) 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.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.005. 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 3859.106;
(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:
(1) the district's organization, existence, and validity;
(2) the district's right to issue any type of bond, including a
refunding bond, for a purpose for which the district is created
or to pay the principal of and interest on the bond;
(3) the district's right to impose and collect an assessment or
tax; or
(4) the legality or operation of the district or the board.
(c) A description of the district's boundaries shall be filed
with the Texas Commission on Environmental Quality. The
commission by order may correct a mistake in the description of
the district's boundaries.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.006. TORT LIABILITY. The district is a governmental
unit under Chapter 101, Civil Practice and Remedies Code, and the
operations of the district are essential government functions and
are not proprietary functions for any purpose, including the
application of Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.007. ELIGIBILITY FOR REINVESTMENT ZONES. All or any
part of the area of the district is eligible to be included in a
tax increment reinvestment zone created by the City of Houston
under Chapter 311, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.008. 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.
1288, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3859.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of 11 directors who serve staggered terms of
four years with five or six directors' terms expiring June 1 of
each odd-numbered year.
(b) The board by resolution may increase or decrease the number
of directors on the board, but only if a majority of the board
finds that 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 15; or
(2) decrease the number of directors to fewer than five.
(c) Sections 49.053, 49.054, 49.056, 49.057, 49.058, and 49.060,
Water Code, apply to the board.
(d) Subchapter D, Chapter 375, Local Government Code, applies to
the board to the extent that subchapter does not conflict with
this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.052. APPOINTMENT OF DIRECTORS ON INCREASE IN BOARD
SIZE. If the board increases the number of directors under
Section 3859.051, the board shall appoint qualified persons to
fill the new director positions and shall provide for staggering
the terms of the directors serving in the new positions. On
expiration of the term of a director appointed under this
section, a succeeding director shall be appointed and qualified
as provided by Subchapter D, Chapter 375, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3859.053. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No.
Name of Director
1
Danny Perkins
2
Helen Bonsall
3
George Yeiter
4
Sue DeHaven
5
Ann Collum
6
Mary Case
7
Marjorie Evans
8
Joann Lemon
9
Darryl Bailey
10
Sushma Jasti
11
Edwin Lowe
(b) Of the initial directors, the terms of directors appointed
for positions 1 through 6 expire June 1, 2011, and the terms of
directors appointed for positions 7 through 11 expire June 1,
2009.
(c) Section 3859.051 does not apply to this section.
(d) This section expires September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3859.101. DISTRICT POWERS. The district has:
(1) all powers necessary to accomplish the purposes for which
the district was created;
(2) the rights, powers, privileges, authority, and functions of
a district created under Chapter 375, Local Government Code;
(3) the powers, duties, and contracting authority specified by
Subchapters H and I, Chapter 49, Water Code;
(4) the powers given to 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
(5) the powers of a housing finance corporation created under
Chapter 394, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.046, eff. September 1, 2009.
Sec. 3859.102. 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.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.103. ELECTIONS. (a) District elections must be held
in the manner provided by Subchapter L, Chapter 375, Local
Government Code.
(b) The board may submit multiple purposes in a single
proposition at an election.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.104. CONTRACT FOR LAW ENFORCEMENT AND SECURITY
SERVICES. The district may contract with:
(1) Harris County or the City of Houston for the county or city
to provide law enforcement and security services for a fee; and
(2) a private entity for the private entity to provide
supplemental security services.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.105. ECONOMIC DEVELOPMENT PROGRAMS AND OTHER POWERS
RELATED TO PLANNING AND DEVELOPMENT. (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, including bond
proceeds; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality under
Chapter 380, Local Government Code.
(c) The district is eligible to receive a grant from a
municipality under Chapter 380, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.106. ANNEXATION OR EXCLUSION OF TERRITORY. The
district may annex or exclude land from the district in the
manner provided by Subchapter C, Chapter 375, Local Government
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.107. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3859.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED. (a)
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.
(b) Before the district may act under Subsection (a), a petition
must be filed with the district requesting the action with regard
to a public transit system. The petition must be signed by
owners of property representing a majority of either the total
assessed value or the area of the real property in the district
that abuts the right-of-way in which the public transit system is
proposed to be located. The determination of a majority is based
on the property owners along the entire right-of-way of the
proposed transit project and may not be calculated on a
block-by-block basis.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.152. 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.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.153. 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.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.154. 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.
(c) Except as provided by Section 3859.151, if the district pays
for or finances the cost of acquiring or operating a public
transit system or public parking facilities with resources other
than assessments, a petition of property owners or a public
hearing is not required.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.155. PAYMENT IN LIEU OF TAXES TO OTHER TAXING UNIT.
If the district's acquisition of property for a parking facility
that is leased to or operated by a private entity results in the
removal from a taxing unit's tax rolls of real property otherwise
subject to ad valorem taxation, the district shall pay to the
taxing unit in which the property is located, on or before
January 1 of each year, as a payment in lieu of taxes, an amount
equal to the ad valorem taxes that otherwise would have been
imposed for the preceding tax year on that real property by the
taxing unit, without including the value of any improvements
constructed on the property.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 3859.201. AUTHORITY TO IMPOSE ASSESSMENTS, AD VALOREM
TAXES, AND IMPACT FEES. The district may impose, assess, charge,
or collect an assessment, an ad valorem tax, an impact fee, or
another fee in accordance with Chapter 49, Water Code, for a
purpose specified by Chapter 375, Local Government Code, or as
needed to exercise a power or function or to accomplish a purpose
or duty for which the district was created.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.202. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3859.103, the district
may impose an annual ad valorem tax on taxable property in the
district to maintain, restore, replace, or operate the district
and improvements that the district constructs or acquires or the
district's facilities, works, or services.
(b) The board shall determine the tax rate.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.203. ASSESSMENT IN PART OF DISTRICT. An assessment
may be imposed on only a part of the district if only that part
will benefit from the service or improvement.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.204. PETITION REQUIRED FOR ASSESSMENT AND FOR
FINANCING SERVICES AND IMPROVEMENTS. (a) The board may not
impose an assessment or finance a service or improvement project
under this chapter unless a written petition requesting the
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 or in the area of the district that will
be subject to the assessment as determined by the most recent
certified tax appraisal roll for Harris County; or
(2) at least 25 persons who own real property in the district or
the area of the district that will be subject to the assessment,
if more than 25 persons own real property in the district or area
that will be subject to the assessment as determined by the most
recent certified tax appraisal roll for Harris County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.205. ASSESSMENTS CONSIDERED TAXES. For purposes of a
title insurance policy issued under Title 11, Insurance Code, an
assessment is a tax.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.206. LIENS FOR ASSESSMENTS; SUITS TO RECOVER
ASSESSMENTS. (a) An assessment imposed on property under this
chapter is a personal obligation of the person who owns the
property on January 1 of the year for which the assessment is
imposed. If the person transfers title to the property, the
person is not relieved of the obligation.
(b) On January 1 of the year for which an assessment is imposed
on a property, a lien attaches to the property to secure the
payment of the assessment and any interest accrued on the
assessment. The lien has the same priority as a lien for
district taxes.
(c) Not later than the fourth anniversary of the date on which a
delinquent assessment became due, the district may file suit to
foreclose the lien or to enforce the obligation for the
assessment, or both, and for any interest accrued.
(d) In addition to recovering the amount of the assessment and
any accrued interest, the district may recover reasonable costs,
including attorney's fees, that the district incurs in
foreclosing the lien or enforcing the obligation. The costs may
not exceed an amount equal to 20 percent of the assessment and
interest.
(e) If the district does not file a suit in connection with a
delinquent assessment on or before the last date on which the
district may file suit under Subsection (c), the assessment and
any interest accrued is considered paid.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.207. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
ASSESSMENT AND IMPACT FEES. The district may not impose an
impact fee or assessment on the property, including equipment or
facilities, of:
(1) an electric utility 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 cable operator as defined by 47 U.S.C. Section 522.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.208. USE OF ELECTRICAL OR OPTICAL LINES. (a) The
district may impose an assessment to pay the cost of:
(1) burying or removing electrical power lines, telephone lines,
cable or fiber optic lines, or any other type of electrical or
optical line;
(2) removing poles and any elevated lines using the poles; and
(3) reconnecting the lines described by Subdivision (2) to the
buildings or other improvements to which the lines were
connected.
(b) 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.
(c) The district may not require a person to use a district
conduit.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
Sec. 3859.209. DEBT. The district may issue bonds, notes, or
other debt obligations in accordance with Subchapters I and J,
Chapter 375, Local Government Code, for a purpose specified by
that chapter or as required to exercise a power or function or to
accomplish a purpose or duty for which the district was created.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.
SUBCHAPTER F. DISSOLUTION
Sec. 3859.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.
(a) The district may be dissolved as provided by Subchapter M,
Chapter 375, Local Government Code, except that 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 bonds or other obligations according to their terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1288, Sec. 1, eff. June 15, 2007.