CHAPTER 3875. COUNTRY PLACE MANAGEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3875. COUNTRY PLACE MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3875.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Country Place Management District.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.002. NATURE OF DISTRICT. The Country Place Management
District is a special district created under Section 59, Article
XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.003. 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
Pearland, Brazoria 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 Pearland and Brazoria 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 city or county services provided in the area in the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.004. 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, including
funding for the ownership, operation, and maintenance of public
recreational facilities, including parks, trails, green space,
golf, and other sporting facilities that benefit the district;
(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;
(4) provide funding for public improvements, including drainage
facilities, beautification projects, and identification and
directional signage;
(5) provide for water, wastewater, drainage, water reuse, solid
waste collection, and recycling for the district; and
(6) provide street and road improvements.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, parking, walls and sound barriers, 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.005. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act enacting this chapter.
(b) The boundary description contained in Section 2 of the Act
enacting this chapter forms a closure. A mistake in the boundary
description does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.006. 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 under Chapter 311,
Tax Code;
(2) a tax abatement reinvestment zone created under Chapter 312,
Tax Code; or
(3) an enterprise zone created under Chapter 2303, Government
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.007. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3875.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors who serve staggered terms
of four years. Two or three directors shall be elected each
even-numbered year on the uniform election date in May
established by the Election Code.
(b) Section 49.052, Water Code, applies to the district and
directors.
(c) A director may also serve as a director of Brazoria County
Municipal Utility District No. 4. The director is not entitled
to remuneration from the district while serving in both
positions.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.052. CONFIRMATION ELECTION REQUIRED. (a) The initial
directors shall hold an election to confirm the creation of the
district. If an election to confirm the creation of the district
does not pass, the initial directors may call subsequent
elections to confirm the creation of the district without further
approval.
(b) Subchapter D, Chapter 49, Water Code, applies to the
district and directors.
(c) Section 375.063, Local Government Code, does not apply to
the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
For expiration of this section, see Subsection (d).
Sec. 3875.053. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 Jack Banowsky
2 Charles A. Mills
3 Hugh S. Pylant
4 Terry Gray
5 Paul West
(b) Of the initial directors, the terms of directors appointed
for positions 1 through 3 expire May 2010, and the terms of
directors appointed for positions 4 and 5 expire May 2012.
(c) Section 3875.052 does not apply to this section.
(d) This section expires September 1, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including death,
resignation, or disqualification; or
(2) a director who is abstaining from participation in a vote
because of a conflict of interest.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.055. COMPENSATION. Except as provided by Section
3875.051(c), a director is entitled to receive fees of office and
reimbursement for actual expenses as provided by Section 49.060,
Water Code. Sections 375.069 and 375.070, Local Government Code,
do not apply to the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3875.101. DEVELOPMENT CORPORATION POWERS. The district may
exercise the powers given to a development 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.102. 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, except that a board member is not
required to reside in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.103. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To
protect the public interest, the district may contract with a
qualified party, including Brazoria County or the City of
Pearland, for the provision of law enforcement services in the
district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.106. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.107. NO EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter J,
Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3875.151. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.152. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.153. 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 the assessment according to the most
recent certified tax appraisal roll for Brazoria County.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.154. METHOD OF NOTICE FOR HEARING. The district may
mail the notice required by Section 375.115(c), Local Government
Code, by certified or first class United States mail. The board
shall determine the method of notice.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.155. 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. Section 375.114, Local Government Code, does not apply
to 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.156. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.157. RESIDENTIAL PROPERTY. Section 375.161, Local
Government Code, does not apply to a tax imposed by the district
or a requirement for payment for a service provided by the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.158. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 3875.162, the district
may impose an ad valorem tax on taxable property in the district
in accordance with Section 49.107, Water Code, for any district
purpose, including 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. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.159. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may impose a tax other than an
operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district
voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.160. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS.
(a) The district may borrow money on terms and conditions as
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from
a bank or financial institution secured by revenue other than ad
valorem taxes.
(b) 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, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district
purpose.
(c) The limitation on the outstanding principal amount of bonds,
notes, and other obligations provided by Section 49.4645, Water
Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.161. TAXES FOR BONDS. At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the board
shall provide for the imposition of a continuing direct annual ad
valorem tax, without limit as to rate or amount, while all or
part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.162. ELECTIONS REGARDING TAXES AND BONDS. (a) The
district may issue, without an election, bonds, notes, and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3875.159.
(b) The district must hold an election in the manner provided by
Subchapter L, Chapter 375, Local Government Code, to obtain voter
approval before the district may impose an ad valorem tax or
issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply to
the district.
(d) All or any part of any facilities or improvements that the
district may acquire by the issuance of its bonds may be
submitted as a single proposition or as several propositions to
be voted on at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.163. CITY APPROVAL. (a) Except as provided by
Subsection (c), the district must obtain the approval of the City
of Pearland's governing body for the issuance of bonds for each
improvement project.
(b) The governing body of the City of Pearland must provide the
approval required for the issuance of bonds under Subsection (a)
by adoption of an ordinance or resolution.
(c) The district may obtain any other city approval required by
this chapter by permit or other city administrative process that
does not involve the City of Pearland's governing body.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.164. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.
Except as provided by Section 375.263, Local Government Code, the
City of Pearland is not required to pay a bond, note, or other
obligation of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.165. COMPETITIVE BIDDING. Subchapter I, Chapter 49,
Water Code, applies to the district. Subchapter K, Chapter 375,
Local Government Code, does not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.166. 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 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
Sec. 3875.167. USAGE FEES. The board of directors may set,
charge, impose, and collect fees, charges, or tolls for the use
of any district facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. DISSOLUTION
Sec. 3875.201. DISSOLUTION OF DISTRICT. (a) The board of
directors may vote to dissolve the district regardless of the
district's outstanding debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has outstanding 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 of the district have been discharged.
Added by Acts 2009, 81st Leg., R.S., Ch.
588, Sec. 1, eff. June 19, 2009.