CHAPTER 3835. WEST FORT BEND MANAGEMENT DISTRICT

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3835-west-fort-bend-management-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT

CHAPTER 3835. WEST FORT BEND MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3835.001. DEFINITIONS. In this chapter:

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

(2) "District" means the West Fort Bend Management District.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.002. WEST FORT BEND MANAGEMENT DISTRICT. The West

Fort Bend Management District is a special district created under

Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.003. 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 cities

of Richmond and Rosenberg, 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 district territory.

climate that encourages sustainable growth and improves the

quality of life of citizens.

(d) This chapter and the creation of the district may not be

interpreted to relieve Fort Bend County and the Cities of

Richmond and Rosenberg 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 or city services

provided in the area in the district.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.004. 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.

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; 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, 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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.005. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2 of the Act

enacting this chapter, as that territory may have been modified

under:

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

(2) other law.

(b) The boundaries and field notes of the district contained in

Section 2 of the Act enacting this chapter form a closure. A

mistake in the field notes or in copying the field notes in the

legislative process does not in any way affect 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

the bond;

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

(4) legality or operation.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.006. 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 a municipality

under Chapter 311, Tax Code;

(2) a tax abatement reinvestment zone created by a municipality

under Chapter 312, Tax Code; or

(3) an enterprise zone created by a municipality under Chapter

2303, Government Code.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.007. 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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3835.051. BOARD OF DIRECTORS; TERMS. (a) The district is

governed by a board of five voting directors who serve staggered

terms of four years, with two or three directors' terms expiring

June 1 of each odd-numbered year.

(b) The board by resolution may change the number of voting

directors on the board, but only if the board determines that the

change is in the best interest of the district. The board may

not consist of fewer than five or more than 15 voting directors.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.052. APPOINTMENT OF DIRECTORS. (a) From persons

recommended by the board:

(1) the City of Richmond shall appoint two voting directors;

(2) the City of Rosenberg shall appoint two voting directors;

and

(3) the cities shall jointly appoint one voting director.

(b) For an appointment under Subsection (a)(1) or (2), a person

is appointed if a majority of the members of the governing body

of the city, including the mayor, vote to appoint that person.

For an appointment under Subsection (a)(3), a person is appointed

if a majority of the members of the governing body of each city,

including the mayor, vote to appoint that person.

five, an equal number of directors must be appointed by the

Cities of Richmond and Rosenberg. The remaining director, if

any, must be appointed jointly by the cities as provided by this

section.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.054. QUORUM. For purposes of determining the

requirements for a quorum, the following are not counted:

(1) a board position vacant for any reason, including death,

resignation, or disqualification;

(2) a director who is abstaining from participation in a vote

because of a conflict of interest; or

(3) a nonvoting director.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

For expiration of this section, see Subsection (d).

Sec. 3835.055. INITIAL VOTING DIRECTORS. (a) The initial board

consists of the following voting directors:

Pos. No.

Name of Director

Lane Ward

Paul J. Council

Joey Dupres

Bill Knesek

Pat Gubbels

(b) Of the initial voting 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,

2009.

(d) This section expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3835.101. ADDITIONAL POWERS OF DISTRICT. The district may

exercise the powers given to:

(1) a 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; and

(2) a housing finance corporation under Chapter 394, Local

Government Code, to provide housing or residential development

projects in the district.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.58, eff. April 1, 2009.

Sec. 3835.102. POWER TO ESTABLISH DEVELOPMENT STANDARDS AND

GUIDELINES; DISSOLUTION. (a) The board may establish

architectural and landscaping standards and guidelines, and may

require new construction, development, or redevelopment in the

district to comply with those standards and guidelines. The

board may not establish standards or guidelines under this

section unless the governing bodies of the cities of Richmond and

Rosenberg each consent by resolution or ordinance to the

establishment of the standards or guidelines.

(b) A standard or guideline established by the board under this

section is in addition to regulations of the City of Richmond or

Rosenberg. To the extent of any conflict between a board

standard or guideline established under this section and a

regulation of the City of Richmond or Rosenberg, the more

restrictive standard, guideline, or regulation controls.

district dissolves, the restriction in the standard or guideline

continues in effect after the dissolution as a regulation of the

city with jurisdiction over the territory to which the standard

or guideline applies until modified or repealed by the governing

body of the City of Richmond or Rosenberg, as appropriate.

(d) The district may not regulate land use.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.103. 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.

nonprofit corporation. A director of the corporation is not

required to reside in the district.

(d) 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.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.104. 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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To

protect the public interest, the district may contract with Fort

Bend County or the City of Richmond or Rosenberg for the county

or the city to provide law enforcement services in the district

for a fee.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to an organization that:

(1) enjoys tax-exempt status under Section 501(c)(3), (4), or

(6), Internal Revenue Code of 1986; and

(2) performs a service or provides an activity consistent with

the furtherance of a district purpose.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.107. 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,

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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.108. NO EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.109. ANNEXATION IN OR NEAR CITY. (a) In addition to

the authority to annex territory under Subchapter C, Chapter 375,

Local Government Code, and Subchapter J, Chapter 49, Water Code,

the district may annex territory in the corporate limits or

extraterritorial jurisdictions of the City of Rosenberg or the

City of Richmond if:

(1) the governing body of the city requests the annexation of

its territory by ordinance or resolution;

(2) the board holds a hearing to consider the city's request;

and

(3) the board determines that it is feasible, practicable, and

to the district's advantage.

(b) The district may not annex a single-family residence under

this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

559, Sec. 1, eff. June 16, 2007.

SUBCHAPTER D. FINANCIAL PROVISIONS

Sec. 3835.151. 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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.152. 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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.153. 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 assessment according to the most recent

certified tax appraisal roll for Fort Bend County.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.154. METHOD OF NOTICE FOR HEARING. The district may

mail the notice required by Section 375.115(c), Local Government

Code, by certified United States mail or an equivalent service

that can provide a record of mailing or other delivery.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.155. 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.

(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.

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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.156. AD VALOREM TAX. (a) If authorized at an

election held in accordance with Section 3835.160, the district

may impose an annual ad valorem tax on taxable property in the

district for any district purpose, including to:

(1) promote economic development;

(2) maintain and operate the district;

(3) construct or acquire improvements; or

(4) provide a service.

(b) The board shall determine the tax rate.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.157. PROPERTY EXEMPT FROM IMPACT FEES OR ASSESSMENTS.

(a) 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.

(b) The district may not impose an assessment on single-family

residential property.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.158. BONDS AND OTHER OBLIGATIONS. (a) The district

may issue by competitive bid or negotiated sale bonds or other

obligations payable wholly or partly from 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. The sources of money may

include economic development money contributed by the City of

Richmond or Rosenberg or by an economic development corporation

created under the Development Corporation Act (Subtitle C1, Title

12, Local Government Code).

(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.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.59, eff. April 1, 2009.

Sec. 3835.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the

time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem

tax, without limit as to rate or amount, for each year that all

or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all

taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the

interest becomes due;

(B) create a sinking fund for the payment of the principal of

the bonds or other obligations when due or the redemption price

at any earlier required redemption date; and

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.160. 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 an ad valorem tax or issues bonds payable from

ad valorem taxes.

(b) Section 375.243, Local Government Code, does not apply to

the district.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.161. CITIES NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.

Except as provided by Section 375.263, Local Government Code, the

Cities of Richmond and Rosenberg are not required to pay a bond,

note, or other obligation of the district.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.162. COMPETITIVE BIDDING. Section 375.221, Local

Government Code, applies to the district only for a contract that

has a value greater than $25,000.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

Sec. 3835.163. 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 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

SUBCHAPTER E. DISSOLUTION

Sec. 3835.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.

(a) The board may dissolve the district regardless of whether

the district has debt. Section 375.264, Local Government Code,

does not apply to the district.

(b) If the district has debt when it is dissolved, the district

shall remain in existence solely for the purpose of discharging

its debts. The dissolution is effective when all debts have been

discharged.

Added by Acts 2005, 79th Leg., Ch.

894, Sec. 1, eff. June 17, 2005.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!