SPECIAL DISTRICTS CODE
CHAPTER 3803. GREATER GREENSPOINT MANAGEMENT DISTRICT OF HARRIS
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
§ 3803.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Greater Greenspoint
Management District of Harris County.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.002. GREATER GREENSPOINT MANAGEMENT DISTRICT OF
HARRIS COUNTY. A special district known as the "Greater
Greenspoint Management District of Harris County" is a governmental
agency and political subdivision of this state.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.003. 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 to 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, economic
development, the public welfare, transportation, housing, tourism,
convention and convocation activities, recreation, the arts,
entertainment, and safety in the greater Greenspoint area of Harris
County.
(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 August 26, 1991, 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 in the area in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.004. 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, and consumers in the district, and
of the public;
(2) provide needed funding for the greater Greenspoint
area to preserve, maintain, and enhance the economic health and
vitality of the area 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 and
aesthetic 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 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 23.04(b), Chapter
165, Acts of the 75th Legislature, Regular Session, 1997, enacting
former Section 376.084, Local Government Code, 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 23.04(b), Chapter 165, Acts of the 75th Legislature,
Regular Session, 1997, enacting former Section 376.084, Local
Government Code, 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
ZONES. (a) All or any part of the area of the district is
eligible, regardless of other statutory criteria, to be included
in:
(1) a tax increment reinvestment zone created by the
City of Houston under Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created by the
City of Houston under Chapter 312, Tax Code.
(b) All or any part of the area of the district is eligible
to be nominated for inclusion in an enterprise zone by the City of
Houston under Chapter 2303, Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.007. FORECLOSURE OF PREEXISTING TAX LIEN ON
PROPERTY OWNED BY DISTRICT PROHIBITED. Regardless of the manner in
which or the price for which the district obtains title to real
property, a political subdivision or taxing authority may not
foreclose a tax lien or otherwise pursue unpaid taxes on the
property against the district or any successor in title to the
district that is a political subdivision of this state if the lien
or taxes accrued before the district's ownership of the property.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.008. RELATION TO OTHER LAW. This chapter
prevails over a law to which this chapter refers that is in conflict
with or is inconsistent with this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.009. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
legislative findings and purposes stated in this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
§ 3803.051. BOARD OF DIRECTORS; TERMS. The district is
governed by a board of 22 directors who serve staggered terms of
four years, with 11 directors' terms expiring June 1 of each
odd-numbered year.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.052. APPOINTMENT OF DIRECTORS. Subchapter D,
Chapter 375, Local Government Code, governs the appointment and
qualification of directors.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 3803.101. DISTRICT POWERS. The district has:
(1) all powers necessary to accomplish the purposes
for which the district was created;
(2) the rights, powers, privileges, and authority of a
district created under Chapter 375, Local Government Code;
(3) the powers given to a corporation created under
the Development Corporation Act of 1979 (Article 5190.6, Vernon's
Texas Civil Statutes), including:
(A) the power to own, operate, acquire,
construct, lease, improve, and maintain the projects described by
that Act and this chapter and any other authorized project; and
(B) the power to acquire land and other property
in accordance with Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon's Texas Civil Statutes); and
(4) the power to create, tax, assess, and hold
elections in a defined area under Chapter 54, Water Code, to provide
improvements or services in the defined area for any project or
activity the district is authorized to acquire, construct, improve,
or provide.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.102. 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,
providing residential housing, or providing a service authorized by
this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for all
purposes 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 conditions of the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
(d) The nonprofit corporation may be dissolved as provided
by Chapter 431, Transportation Code, for a corporation created
under that chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.103. CONTRACTS; GRANTS. (a) To protect the
public interest, the district may contract with any county or
municipality in which all or part of the district is located for the
county or municipality to provide law enforcement services in the
district for a fee.
(b) Harris County, the City of Houston, or another political
subdivision of this state, without further authorization, may
contract with the district to implement a project of the district or
to assist the district in providing an authorized service. A
contract under this subsection may:
(1) be for a period on which the parties agree;
(2) include terms on which the parties agree;
(3) be payable from taxes or any other source of
revenue that may be available for the project or service; and
(4) provide terms under which taxes or other revenue
collected at a district project, at a project in a tax increment
reinvestment zone, or from a person using or purchasing a commodity
or service at a district project may be paid or rebated to the
district.
(c) The district may enter into a contract, lease, or other
agreement with or make or accept a grant or loan to or from any
person, including:
(1) the United States;
(2) this state or a state agency;
(3) any political subdivision of this state; or
(4) a public or private corporation, including a
nonprofit corporation created by the board under this subchapter.
(d) The district may perform all acts necessary for the full
exercise of the powers vested in the district on terms and for the
period the board determines advisable.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.104. MEMBERSHIP IN CHARITABLE
ORGANIZATIONS. (a) The district may:
(1) join and pay dues to an organization that
qualifies for an exemption from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, by being listed as an
exempt organization under Section 501(c)(3), 501(c)(4), or
501(c)(6) of that code; and
(2) perform services or provide activities consistent
with the furtherance of the purposes of the district.
(b) An expenditure of public money for membership in an
organization described by Subsection (a) is considered to further
the purposes of the district and to be for a public purpose.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
§ 3803.151. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The board may not finance a service or an
improvement project under this chapter unless a written petition
requesting the service or improvement is 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 according to the most recent
certified tax appraisal roll for Harris County; or
(2) at least 50 owners of land in the district, if more
than 50 persons own land in the district according to the most
recent certified tax appraisal roll for Harris County.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.152. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may, except as provided
by Section 3803.156, impose an ad valorem tax, assessment, or
impact fee as provided by Chapter 375, Local Government Code, to
provide an improvement or service for a project or activity the
district may acquire, construct, improve, or provide under this
chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.153. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3803.158, the district may
impose an annual ad valorem tax on taxable property in the district
to:
(1) maintain and operate the district and the
improvements constructed or acquired by the district; and
(2) provide services to industrial or commercial
businesses, residents, or property owners.
(b) The board shall determine the tax rate.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.154. ASSESSMENTS; LIENS FOR
ASSESSMENTS. (a) The district may correct, add to, or delete an
assessment from its assessment rolls and collect an assessment due
under the correction, addition, or deletion after notice and
hearing in the manner required by Section 375.115, Local Government
Code.
(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 proceeding.
(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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.155. 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 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.156. PROPERTY EXEMPT FROM ASSESSMENT AND IMPACT
FEES. Because the district is created in an area that is devoted
primarily to commercial and business activity, the district may not
impose an impact fee or assessment on a single-family residential
property or a residential duplex, triplex, fourplex, or
condominium.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.157. OBLIGATIONS. (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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.158. ELECTIONS REGARDING TAXES OR
BONDS. (a) 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:
(1) impose a maintenance tax; or
(2) issue a bond payable from ad valorem taxes or
assessments.
(b) The board may submit multiple purposes in a single
proposition at an election.
(c) The board may not call an election under this chapter
unless a written petition requesting an election is filed with the
board. The petition must be signed by 50 owners of property in the
district, if more than 50 persons own property in the district
according to the most recent certified tax appraisal roll for
Harris County.
(d) When issuing a bond payable from a defined area under
Chapter 54, Water Code, the district must hold the required
election only in the defined area and not in the entire district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3803.159. SALES AND USE TAX PROHIBITED. The district
may not impose a sales and use tax.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
