CHAPTER 3839. TOWNE LAKE MANAGEMENT DISTRICT

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3839-towne-lake-management-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 4. DEVELOPMENT AND IMPROVEMENT

SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT

CHAPTER 3839. TOWNE LAKE MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3839.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Towne Lake Management District.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.002. TOWNE LAKE MANAGEMENT DISTRICT. The Towne Lake

Management District is a special district created under Section

59, Article XVI, Texas Constitution.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.003. 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 territory.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.004. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.005. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.006. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.007. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

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

1285, Sec. 1, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3839.051. GOVERNING BODY; 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.052. APPOINTMENT OF DIRECTORS. The Texas Commission

on Environmental Quality shall appoint voting directors from

persons recommended by the board.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.054. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.055. COMPENSATION. Sections 375.069 and 375.070,

Local Government Code, do not apply to the board.

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

1285, Sec. 1, eff. June 15, 2007.

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

Sec. 3839.056. INITIAL VOTING DIRECTORS. (a) The initial board

consists of the following voting directors:

Pos. No.

Name of Director

David Templeton

William F. Heavin

Larry Covert

Tom Read

Michael C. Shannon

(b) Of the initial voting directors, the terms of directors

appointed for positions 1 through 3 expire June 1, 2009, and the

terms of directors appointed for positions 4 and 5 expire June 1,

2011.

(d) This section expires September 1, 2012.

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

1285, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3839.101. INDUSTRIAL DEVELOPMENT CORPORATION POWERS. The

district may exercise the powers given to an industrial

development corporation under Chapter 505, Local Government Code,

including the power to own, operate, acquire, construct, lease,

improve, or maintain a project described by that chapter.

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

1285, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 21.025, eff. September 1, 2009.

Sec. 3839.102. 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.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of

directors of a local government corporation created under Chapter

431, Transportation Code, except that a director of the

corporation is not required to reside in the district.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.103. AGREEMENTS; GRANTS. (a) The district may make

an agreement with or accept a gift, grant, or loan from any

person.

(b) The implementation of a project is a governmental function

or service for the purposes of Chapter 791, Government Code.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To

protect the public interest, the district may contract with a

qualified party including Harris County or the City of Houston

for the county or the city to provide law enforcement services in

the district for a fee.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district

may establish and provide for the administration of one or more

programs to promote state or local economic development and to

stimulate business and commercial activity in the district,

including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

(b) For purposes of this section, the district has all of the

powers of a municipality under Chapter 380, Local Government

Code.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.107. STRATEGIC PARTNERSHIP AGREEMENT. The district

may negotiate and enter into a written strategic partnership

agreement with the City of Houston in the same manner as a

district under Section 43.0751, Local Government Code.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.108. NO EMINENT DOMAIN. The district may not exercise

the power of eminent domain.

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

1285, Sec. 1, eff. June 15, 2007.

SUBCHAPTER D. FINANCIAL PROVISIONS

Sec. 3839.151. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.152. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.153. 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:

(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 Harris County; or

(2) at least 50 persons who own real property in the district,

if more than 50 persons own real property in the district

according to the most recent certified tax appraisal roll for

Harris County.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.154. METHOD OF NOTICE FOR HEARING. The district may

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

Code, by certified or first class United States mail. The board

shall determine the method of notice.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.155. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.156. AD VALOREM TAX. (a) If authorized at an

election held in accordance with Section 3839.160, the district

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

district 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.

district.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.157. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, including the equipment,

rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company as defined

by Section 31.002, Utilities Code;

(2) a gas utility as defined by Section 101.003 or 121.001,

Utilities Code;

(3) a telecommunications provider as defined by Section 51.002,

Utilities Code; or

(4) a person who provides to the public cable television or

advanced telecommunications services.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.158. BONDS AND OTHER OBLIGATIONS. (a) The district

may issue by competitive bid or negotiated sale bonds, notes, 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.

(b) In addition to any other terms authorized by the board by

bond order or resolution, the proceeds of the district's bonds

may be used for a reserve fund, credit enhancement, or

capitalized interest for the bonds.

notes, and other obligations provided by Section 49.4645, Water

Code, does not apply to the district.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.159. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.160. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.161. CITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS.

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

City of Houston is not required to pay a bond, note, or other

obligation of the district.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.162. COMPETITIVE BIDDING. Section 375.221, Local

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

has a value greater than $50,000.

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

1285, Sec. 1, eff. June 15, 2007.

Sec. 3839.163. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

SUBCHAPTER E. DISSOLUTION

Sec. 3839.201. 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 2007, 80th Leg., R.S., Ch.

1285, Sec. 1, eff. June 15, 2007.

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