CHAPTER 3891. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 17
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3891. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 17
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3891.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Harris County Improvement District No.
17.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 17 is a special district created under
Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.003. 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
Houston, 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 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 Harris 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 services
provided in the area in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.004. 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, employees, potential 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;
(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;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(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 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.005. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act enacting this chapter.
(b) The boundaries and field notes 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 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.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.006. 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.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.007. 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.
1102, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3891.051. GOVERNING BODY; TERMS. 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.052. APPOINTMENT OF DIRECTORS. (a) The board shall
recommend to the Harris County Commissioners Court persons to
serve on the succeeding board.
(b) After reviewing the board's recommendations of persons to
serve on the succeeding board, the commissioners court shall
appoint as directors or disapprove the recommended persons.
(c) If the governing body of the City of Houston objects to any
of the board's recommendations of persons to serve on the
succeeding board, the board, on the request of the commissioners
court, shall submit additional recommendations.
(d) Board members may serve successive terms.
(e) If any provision of Subsections (a) through (d) is found to
be invalid, the Texas Commission on Environmental Quality shall
appoint the succeeding board from recommendations of persons to
serve on the succeeding board submitted by the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.053. ELIGIBILITY. To be eligible to serve as a
director, a person must meet the qualifications in Section
375.063, Local Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
For expiration of this section, see Subsection (d).
Sec. 3891.054. INITIAL DIRECTORS. (a) The initial board
consists of the following voting directors:
Pos. No. Name of Director
1 Joe Bullard
2 Hollis Bullard
3 Tim Culp
4 Joe Fogarty
5 Art DePue
(b) Of the initial directors, the terms of three directors
expire June 1, 2011, and the terms of two directors expire June
1, 2013. The initial directors shall draw lots to determine which
two directors' terms expire June 1, 2013.
(c) Section 3891.052 does not apply to this section.
(d) This section expires September 1, 2014.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3891.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.102. MUNICIPAL MANAGEMENT POWERS AND DUTIES. The
district has the powers and duties provided by the general laws
of this state, including Chapter 375, Local Government Code,
applicable to a municipal management district created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.103. DEVELOPMENT CORPORATION POWERS. The district may
exercise the powers given to a development corporation under
Chapter 505, Local Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.104. SPORTS VENUE. The district may construct,
acquire, improve, maintain, and operate a sports venue, including
an arena, coliseum, stadium, or other type of area or facility
used for one or more professional or amateur sports or athletic
events.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.105. AGREEMENTS; GRANTS. The district may make an
agreement with or accept a gift, grant, or loan from any person.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.106. 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.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.107. 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.
(b) The district has all of the economic development authority
that:
(1) Chapter 380, Local Government Code, grants to a municipality
with a population of more than 100,000; and
(2) Chapter 1509, Government Code, grants to a municipality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.108. NO EMINENT DOMAIN. The district may not exercise
the power of eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3891.151. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section
3891.158, the district may impose an annual operation and
maintenance 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.152. 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.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.153. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds, notes, or other obligations payable
wholly or partly from ad valorem taxes, sales and use 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.154. HOTEL OCCUPANCY TAX. (a) The district may
impose a hotel occupancy tax in the manner that Chapter 351, Tax
Code, provides for a municipality.
(b) A tax imposed under this section may not exceed the maximum
rate under Section 351.003(a), Tax Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.155. SALES AND USE TAX. (a) The district may impose a
sales and use tax if authorized by a majority of the voters of
the district voting at an election held for that purpose.
Revenue from the tax may be used for any district purpose for
which ad valorem tax revenue is used.
(b) The district may not impose a sales and use tax if as a
result of the imposition of the tax the combined rate of all
sales and use taxes imposed by the district and other political
subdivisions of this state having territory in the district would
exceed the amount allowable by law at any location in the
district.
(c) If the voters of the district approve the adoption of the
tax at an election held on the same election date on which
another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as
a result the combined rate of all sales and use taxes imposed by
the district and other political subdivisions of this state
having territory in the district would exceed the amount
allowable by law at any location in the district, the election to
adopt a sales and use tax under this chapter has no effect.
(d) Except as otherwise provided by this chapter, Chapter 321,
Tax Code, applies to the imposition, computation, administration,
enforcement, and collection of the sales and use tax imposed by
this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.156. TAXES FOR BONDS. At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the board
shall provide for the annual imposition of an 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.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.157. BONDS FOR ROAD PROJECTS. At the time of issuance
the total principal amount of bonds or other obligations incurred
to finance a road project may not exceed one-fourth of the
assessed value of real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.
Sec. 3891.158. ELECTIONS REGARDING TAXES AND BONDS. (a) The
district may issue, without an election, bonds, notes, and other
obligations secured by revenue or contract payments from any
source other than ad valorem taxes.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1102, Sec. 1, eff. June 19, 2009.