CHAPTER 3831. SIENNA PLANTATION MANAGEMENT DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 3831.001.  DEFINITIONS.  In this chapter:

     (1)  "Board" means the board of directors of the district.

     (2)  "District" means the Sienna Plantation Management District.  (Acts 78th Leg., R.S., Ch. 987, Sec. 2.)

Source Law

Sec. 2.  In this Act:

     (1)  "Board" means the board of directors of the district.

     (2)  "District" means the Sienna Plantation Management District.

Revised Law

Sec. 3831.002.  SIENNA PLANTATION MANAGEMENT DISTRICT.  The Sienna Plantation Management District is a special district created under Section 59, Article XVI, Texas Constitution.  (Acts 78th Leg., R.S., Ch. 987, Sec. 1(a))

Source Law

Sec. 1.  (a)  The Sienna Plantation Management District is a special district created under Section 59, Article XVI, Texas Constitution.

Revised Law

Sec. 3831.003.  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 Missouri City, Fort Bend 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 area of the district.

(c)  This chapter and the creation of the district may not be interpreted to relieve Fort Bend County or the City of Missouri City from providing the level of services provided, as of June 20, 2003, 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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 3.)

Source Law

Sec. 3.  (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 Act.

(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)  The creation of the district and this Act may not be interpreted to relieve Fort Bend County or the City of Missouri City from providing the level of services provided, as of the effective date of this Act, 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.

(d)  By creating the district and in authorizing the City of Missouri City, Fort Bend 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.

Revisor's Note

Section 3(c), Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, refers to "the effective date of this Act."  For the convenience of the reader, the revised law substitutes for that phrase the act's effective date, June 20, 2003.

Revised Law

Sec. 3831.004.  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 development and diversification of 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, visitors, and consumers in the district, and of the public;

     (2)  provide needed funding to preserve, maintain, and enhance the economic health and vitality of the district as a 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, 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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 6.)

Source Law

Sec. 6.  (a)  The district is created to serve a public use and benefit.  All the land and other property included in the district will be benefited by 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 Act.

(b)  The creation of the district is in the public interest and is essential to:

     (1)  further the public purposes of development and diversification of the economy of the state; and

     (2)  eliminate unemployment and underemployment and develop or expand transportation and commerce.

(c)  The district will:

     (1)  promote the health, safety, and general welfare of residents, employers, employees, visitors, and consumers in the district, and the general public;

     (2)  provide needed funding to preserve, maintain, and enhance the economic health and vitality of the district as a community and business center; and

     (3)  further 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, 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 many private interests will be benefited by the district, as well as the general public.

Revised Law

Sec. 3831.005.  DISTRICT TERRITORY.  (a) The district is composed of the territory described by Section 4, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, as that territory may have been modified under:

     (1)  Subchapter J, Chapter 49, Water Code; or

     (2)  other law.

(b)  The boundaries and field notes of the district contained in Section 4, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, form a closure.  A mistake made 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 a bond;

     (3)  right to impose or collect an assessment or tax; or

     (4)  legality or operation.  (Acts 78th Leg., R.S., Ch. 987, Sec. 5; New.)

Source Law

Sec. 5.  The boundaries and field notes of the district form a closure.  If a mistake is made in the field notes or in copying the field notes in the legislative process, the mistake 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 a bond;

     (3)  right to impose or collect an assessment or tax; or

     (4)  legality or operation.

Revisor's Note

The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description and because that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes a reference to the statutory description of the district's territory and to statutory authority to change the district's territory under Subchapter J, Chapter 49, Water Code, applicable to the district under Section 49.001 of that chapter.  The revised law also includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

Sec. 3831.006.  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 the City of Missouri City under Chapter 311, Tax Code;

     (2)  a tax abatement reinvestment zone created by the City of Missouri City under Chapter 312, Tax Code; or

     (3)  an enterprise zone created by the City of Missouri City under Chapter 2303, Government Code.  (Acts 78th Leg., R.S., Ch. 987, Sec. 29.)

Source Law

Sec. 29.  All or any part of the area of the district is eligible, notwithstanding other statutory criteria, to be included in a tax increment reinvestment zone created by the municipality under Chapter 311, Tax Code, or included in a tax abatement reinvestment zone created by the municipality under Chapter 312, Tax Code.  All or any part of the area of the district is also eligible to be included in an enterprise zone created by the municipality under Chapter 2303, Government Code.

Revisor's Note

(1)  Section 29, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, provides that the district is eligible, "notwithstanding other statutory criteria," to be included in a tax increment reinvestment zone or a tax abatement reinvestment zone.  The revised law omits "notwithstanding other statutory criteria" since the eligibility of the district established by Section 29 to be included in the reinvestment zones necessarily supersedes any conflicting statutory criteria previously enacted by the legislature.

(2)  Section 29, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, refers to "the municipality."  The revised law substitutes "City of Missouri City" for the quoted language because it is clear from Sections 3(c) and (d) and 10, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, that the legislature intended the City of Missouri City to be the municipality with which this district operates.

Revised Law

Sec. 3831.007.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.  (Acts 78th Leg., R.S., Ch. 987, Sec. 7(a).)

Source Law

Sec. 7.  (a)  Except as otherwise provided by this Act, Chapter 375, Local Government Code, applies to the district.

Revised Law

Sec. 3831.008.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be construed liberally in conformity with the findings and purposes stated in this chapter.  (Acts 78th Leg., R.S., Ch. 987, Sec. 8.)

Source Law

Sec. 8.  This Act shall be liberally construed in conformity with the findings and purposes stated in this Act.

Revisor's Note

(End of Subchapter)

(1)  Section 1(b), Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, provides that the board may change the name of the district by resolution.  The revised law omits the provision because it duplicates Section 375.096(d), Local Government Code.  Section 7(a), Chapter 987, Acts of the 78th Legislature, Regular Session, 2003 (revised in this chapter as Section 3831.007), provides that Chapter 375, Local Government Code, applies to the district.  Throughout this chapter, provisions that duplicate provisions of Chapter 375, Local Government Code, have been omitted.  The relevant sections of Chapter 375 are cited in revisor's notes.  The omitted law reads:

(b)  The board by resolution may change the name of the district.

(2)  Section 7(b), Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, provides that the Code Construction Act (Chapter 311, Government Code) applies to the act.  The revised law omits that provision because it duplicates Section 311.002, Government Code (Code Construction Act), applicable to the revised law.  The omitted law reads:

(b)  Chapter 311, Government Code, applies to this Act.

[Sections 3831.009-3831.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 3831.051.  COMPOSITION; TERMS.  (a)  Except as provided by Subsection (c), the district is governed by a board of five directors appointed under Section 3831.052.

(b)  Directors serve staggered terms of four years, with two or three 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 it is in the best interest of the district.  The board may not consist of fewer than 5 or more than 15 directors.  (Acts 78th Leg., R.S., Ch. 987, Sec. 9.)

Source Law

Sec. 9.  (a)  The district is governed by a board of five voting directors appointed under Section 10.

(b)  Voting directors serve staggered terms of four years, with three directors' terms expiring June 1 of an odd-numbered year and two directors' terms expiring June 1 of the following odd-numbered year.

(c)  The board may increase or decrease the number of directors on the board by resolution, provided that it is in the best interest of the district to do so and that the board consists of not fewer than five and not more than 15 directors.

Revisor's Note

Section 9, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, refers to "voting directors."  The revised law omits "voting" because this district does not include any "nonvoting" directors, and the powers of the directors are not otherwise limited regarding voting rights.

Revised Law

Sec. 3831.052.  APPOINTMENT OF DIRECTORS.  The board shall nominate a slate of persons to serve as directors.  The members of the governing body of the City of Missouri City shall appoint as directors the slate of persons nominated by the board.  (Acts 78th Leg., R.S., Ch. 987, Sec. 10.)

Source Law

Sec. 10.  The board shall nominate a slate of persons to serve as voting directors.  The members of the governing body of the City of Missouri City shall appoint as voting directors the slate of persons nominated by the board.

Revisor's Note

Section 10, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, refers to the nomination and appointment of "voting directors."  The revised law omits "voting" for the reason stated in the revisor's note to Section 3831.051.

Revised Law

Sec. 3831.053.  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 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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 11.)

Source Law

Sec. 11.  (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.

Revised Law

Sec. 3831.054.  INITIAL DIRECTORS.  (a)  The initial board consists of the following persons:

	Pos. No.	Name of Director
	1	Teri L. Elliot
	2	Linda C. Bell
	3	Sabra L. Slade
	4	Kelly Howden
	5	Nancy W. Porter

(b)  Of the initial directors, the terms of directors appointed for positions 1 through 3 expire June 1, 2007, and the terms of directors appointed for positions 4 and 5 expire June 1, 2005.

(c)  Section 3831.052 does not apply to this section.

(d)  This section expires September 1, 2007.  (Acts 78th Leg., R.S., Ch. 987, Sec. 26.)

Source Law

Sec. 26.  (a)  The initial board consists of the following persons:

	Pos. No.	Name of Director
	1	Teri L. Elliot
	2	Linda C. Bell
	3	Sabra L. Slade
	4	Kelly Howden
	5	Nancy W. Porter

(b)  Of the initial directors, the terms of directors appointed for positions 1 through 3 expire June 1, 2007, and the terms of directors appointed for positions 4 and 5 expire June 1, 2005.

(c)  Section 10 does not apply to this section.

(d)  This section expires September 1, 2007.

[Sections 3831.055-3831.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 3831.101.  ADDITIONAL POWERS OF DISTRICT.  The district may exercise the powers given to:

     (1)  a corporation under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that section;

     (2)  a housing finance corporation under Chapter 394, Local Government Code, to provide housing or residential development projects in the district; and

     (3)  a municipality under Chapter 380, Local Government Code.   (Acts 78th Leg., R.S., Ch. 987, Secs. 12, 30 (part).)

Source Law

Sec. 12.  The district may exercise the powers given to:

     (1)  a corporation created under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that section; and

     (2)  a housing finance corporation created under Chapter 394, Local Government Code, to provide housing or residential development projects in the district.

Sec. 30.  … The district has all of the powers and authority of a municipality under Chapter 380, Local Government Code.

Revisor's Note

Section 30, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, gives the district the "powers and authority" of a municipality under Chapter 380, Local Government Code.  The revised law omits "authority" because, in this context, the meaning of "authority" is included in the meaning of "powers."

Revised Law

Sec. 3831.102.  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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 15.)

Source Law

Sec. 15.  (a)  The board by resolution may authorize the creation of a nonprofit corporation to assist and act on behalf of the district in implementing a project or providing a service authorized by this Act.

(b)  The board shall appoint the board of directors of a nonprofit corporation created under this section.  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.

(c)  A nonprofit corporation created under this section has the powers of and is considered for purposes of this Act to be a local government corporation created under Chapter 431, Transportation Code.

(d)  A nonprofit corporation created under this section may implement any project and provide any service authorized by this Act.

Revised Law

Sec. 3831.103.  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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 13.)

Source Law

Sec. 13.  (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.

Revised Law

Sec. 3831.104.  LAW ENFORCEMENT SERVICES.  To protect the public interest, the district may contract with Fort Bend County or the City of Missouri City to provide law enforcement services in the district for a fee.  (Acts 78th Leg., R.S., Ch. 987, Sec. 14.)

Source Law

Sec. 14.  To protect the public interest, the district may contract with Fort Bend County or the City of Missouri City to provide law enforcement services in the district for a fee.

Revised Law

Sec. 3831.105.  COMPETITIVE BIDDING.  Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $25,000. (Acts 78th Leg., R.S., Ch. 987, Sec. 24.)

Source Law

Sec. 24.  Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $25,000.

Revised Law

Sec. 3831.106.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.  The district may join and pay dues to an organization that enjoys tax-exempt status under Section 501(c)(3), (4), or (6), Internal Revenue Code of 1986, as amended, and perform services or provide activities consistent with the furtherance of the purposes of the district.  An expenditure of public money for membership in the organization is considered to further the purposes of the district and to be for a public purpose.  (Acts 78th Leg., R.S., Ch. 987, Sec. 28.)

Source Law

Sec. 28.  The district may join and pay dues to an organization that enjoys tax-exempt status under Section 501(c)(3), (4), or (6), Internal Revenue Code of 1986, as amended, and perform services or provide activities consistent with the furtherance of the purposes of the district.  An expenditure of public money for membership in the organization is considered to further the purposes of the district and to be for a public purpose.

Revised Law

Sec. 3831.107.  ECONOMIC DEVELOPMENT PROGRAMS.  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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 30 (part).)

Source Law

Sec. 30.  The district may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the district, to promote state or local economic development and to stimulate business and commercial activity in the district… .

[Sections 3831.108-3831.150 reserved for expansion]

SUBCHAPTER D.  FINANCIAL PROVISIONS

Revised Law

Sec. 3831.151.  DISBURSEMENTS OR 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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 23.)

Source Law

Sec. 23.  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.

Revised Law

Sec. 3831.152.  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 a maintenance 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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 17.)

Source Law

Sec. 17.  (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 a maintenance tax or issues a bond 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.

Revised Law

Sec. 3831.153.  MAINTENANCE AND OPERATION TAX.  (a)  If authorized at an election held in accordance with Section 3831.152, the district may impose an annual ad valorem tax on taxable property in the district for the:

     (1)  maintenance and operation of the district and the improvements constructed or acquired by the district; or

     (2)  provision of a service.

(b)  The board shall determine the tax rate.  (Acts 78th Leg., R.S., Ch. 987, Sec. 18.)

Source Law

Sec. 18.  (a)  If authorized at an election held in accordance with Section 17, the district may impose an annual ad valorem tax on taxable property in the district for the maintenance and operation of the district and the improvements constructed or acquired by the district or for the provision of services.

(b)  The board shall determine the tax rate.

Revised Law

Sec. 3831.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS.  (a)  The board by resolution may impose an assessment for any purpose authorized by this chapter.

(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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 19.)

Source Law

Sec. 19.  (a)  The board by resolution may impose and collect an assessment for any purpose authorized by this Act.

(b)  Assessments, including assessments resulting from an addition to or correction of the assessment roll by the district, reassessments, penalties and interest on an assessment or reassessment, 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 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 resolution of the board 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)  Without necessity of notice and hearing in the manner required for additional assessments, the board may make corrections to or deletions from the assessment roll, provided that such corrections or deletions do not increase the amount of assessment of any parcel of land.

Revisor's Note

Section 19, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, provides that the board by resolution may "impose and collect" an assessment.  The revised law omits the reference to the authority to collect the assessment because the authority to impose an assessment necessarily implies the authority to collect it.

Revised Law

Sec. 3831.155.  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 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 Fort Bend County; or

     (2)  at least 25 owners of 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 Fort Bend County.  (Acts 78th Leg., R.S., Ch. 987, Sec. 16.)

Source Law

Sec. 16.  The board may not finance a service or improvement project with assessments under this Act unless a written petition requesting that improvement or service has been filed with the board.  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 Fort Bend 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 as determined by the most recent certified tax appraisal roll for Fort Bend County.

Revised Law

Sec. 3831.156.  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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 20 (part).)

Source Law

Sec. 20.  The district may not impose an impact fee or assessment on the property, equipment, rights-of-way, facilities, or improvements of an electric utility or a power generation company as defined by Section 31.002, Utilities Code, a gas utility as defined by Section 101.003 or 121.001, Utilities Code, or a telecommunications provider as defined by Section 51.002, Utilities Code, or of a person that provides to the public cable television or advanced telecommunications services… .

Revisor's Note

Section 20, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, exempts utilities from assessments and impact fees and also requires that "relocation, rerouting, or removal" of utility property be performed at the sole expense of the district.  The revised law omits the requirements because they duplicate requirements contained in Section 375.093(c), Local Government Code.  The omitted law reads:

Sec. 20.  . . .  If the district, in the exercise of the powers conferred on it by this Act, requires or requests the relocation, rerouting, or removal of electric, gas, water, sewer, communications, or other public utilities, as defined by Section 31.002, 101.003, 121.001, or 51.002, Utilities Code, the relocation, rerouting, or removal shall be at the sole expense of the district.

Revised Law

Sec. 3831.157.  BONDS AND OTHER OBLIGATIONS.  (a)  The district may issue bonds 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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 21.)

Source Law

Sec. 21.  (a)  The district may issue bonds or other obligations payable in whole or in part 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 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.

Revised Law

Sec. 3831.158.  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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 22.)

Source Law

Sec. 22.  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.

Revised Law

Sec. 3831.159.  TAX AND ASSESSMENT ABATEMENTS.  Without further authorization or other procedural requirement, the district may grant, consistent with Chapter 312, Tax Code, an abatement for a tax or assessment owed to the district.  (Acts 78th Leg., R.S., Ch. 987, Sec. 27.)

Source Law

Sec. 27.  Without further authorization or other procedural requirement, the district may grant, consistent with Chapter 312, Tax Code, an abatement for a tax or assessment owed to the district.

[Sections 3831.160-3831.200 reserved for expansion]

SUBCHAPTER E.  DISSOLUTION

Revised Law

Sec. 3831.201.  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.  (Acts 78th Leg., R.S., Ch. 987, Sec. 25.)

Source Law

Sec. 25.  (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.

Revisor's Note

(End of Chapter)

Section 31, Chapter 987, Acts of the 78th Legislature, Regular Session, 2003, recites legislative findings regarding procedural requirements for the creation of the district under the constitution and other laws and rules, including proper legal notice, filing of recommendations, and consent by other governmental entities to the creation of the district.  The revised law omits these provisions as executed.  The omitted law reads:

Sec. 31.  The legislature finds that:

     (1)  proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Commission on Environmental Quality;

     (2)  the Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;

     (3)  the general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and

     (4)  all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.