2005 Texas Special Districts Code CHAPTER 3802. WESTCHASE DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 3802. WESTCHASE DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 3802.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "District" means the Westchase District.                                 

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.002. WESTCHASE DISTRICT.  A special district in 
Harris County known as the "Westchase District" is a governmental 
agency and political subdivision of this state.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.003. 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 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, 
transportation, housing, tourism, recreation, the arts, 
entertainment, economic development, safety, and the public 
welfare in the Westchase 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 28, 1995, 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 provided in the area in the district.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.004. 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, visitors, and consumers in the 
district, and of the public;
		(2)  provide needed funding for the Westchase 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.                   


	§ 3802.005. 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 376.044, 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 376.044, Local 
Government Code, form a closure.  A mistake in the field notes or in 
copying the field notes in the legislative process does not affect 
in any way:
		(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.                   


	§ 3802.006. APPLICABILITY OF OTHER LAW.  Except as 
otherwise provided by this chapter, Chapter 375, Local Government 
Code, applies to the district.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.007. LIBERAL CONSTRUCTION OF CHAPTER.  This 
chapter shall be liberally construed in conformity with the 
findings and purposes stated in this chapter.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 3802.051. BOARD OF DIRECTORS;  TERMS.  The district is 
governed by a board of 17 directors who serve staggered terms of 
four years, with eight or nine directors' terms expiring June 1 of 
each odd-numbered year.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.052. APPOINTMENT OF DIRECTORS.  (a) The mayor and 
members of the governing body of the City of Houston shall appoint 
directors from persons recommended by the board.
	(b)  The mayor and members of the governing body of the City 
of Houston shall consider for appointment as directors persons 
representing the following interests:
		(1)  owners of multifamily rental housing with at least 
200 rental units;   
		(2)  lessees of office space of at least 30,000 square 
feet of rentable area;
		(3)  owners of office facilities with at least 500 
employees or a taxable value in excess of $10 million;
		(4)  owners of multitenant office buildings;                                  
		(5)  owners of multitenant retail property or major 
retail tenants;         
		(6)  owners of temporary lodging facilities with 
on-site food service;      
		(7)  owners of undeveloped property with a contiguous 
area of at least five acres;  and
		(8)  any other person qualified to serve on the board as 
provided by Section 375.063, Local Government Code, to represent 
the district at large.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.  Amended 
by Acts 2005, 79th Leg., ch. 728, § 18.002(a), eff. Sept. 1, 
2005.


	§ 3802.053. EX OFFICIO DIRECTORS.  The board may appoint 
nonvoting ex officio directors to serve on the board.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   

SUBCHAPTER C. POWERS AND DUTIES


	§ 3802.101. DISTRICT POWERS.  The district has:                             
		(1)  all powers necessary to accomplish the purposes 
for which the district was created;
		(2)  the rights, powers, privileges, authority, and 
functions of a district created under Chapter 375, Local Government 
Code;  and
		(3)  the powers given to a corporation under Section 
4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's 
Texas Civil Statutes), and the power to own, operate, acquire, 
construct, lease, improve, and maintain projects described by that 
section.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.102. RELATION TO OTHER LAW.                                          

Acts 2005, 79th Leg., ch. 729, § 2.02 repeals this section 
effective April 1, 2007
	This chapter prevails over a law to which Section 3802.101 or 
3802.156 refers that is in conflict with or is inconsistent with 
this chapter.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.103. CONTRACTS;  GRANTS.  (a) To protect the 
public interest, the district may contract with Harris County or 
the City of Houston for the county or the city 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 
assist the district in providing the services authorized under this 
chapter.  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 that project or service;  or
		(4)  provide terms under which taxes or other revenue 
collected at a district project 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;  and                            
		(4)  a public or private corporation, including a 
nonprofit corporation created by the board under other law.
	(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.                   


	§ 3802.104. COMPETITIVE BIDDING.  The district may enter 
into a contract for more than $10,000 for services, improvements, 
or the purchase of property, including materials, machinery, 
equipment, and supplies, only as provided by Subchapter K, Chapter 
375, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.105. APPROVAL OF CERTAIN IMPROVEMENT 
PROJECTS.  The district must obtain the City of Houston's approval 
of the plans and specifications of any district improvement project 
related to the use of land owned by the City of Houston, an easement 
granted by the City of Houston, or a right-of-way of a street, road, 
or highway.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.106. NO EMINENT DOMAIN POWER.  The district may 
not exercise the power of eminent domain.

Added by Acts 2005, 79th Leg., ch. 684, § 2, eff. June 17, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 728, § 
18.02(b), see § 3802.106 post.


	§ 3802.106.  CONFERENCE AND CONVOCATION CENTERS.                            

Text of section as added by Acts 2005, 79th Leg., ch. 728,

§ 18.02(b)
	The district may finance, acquire, lease as a lessor or 
lessee, construct, improve, operate, or maintain conference and 
convocation centers and supporting facilities.  The district may 
enter into a long-term operating agreement with any person for the 
center or facility.

Added by Acts 2005, 79th Leg., ch. 728, § 18.02(b), eff. 
September 1, 2005.

For text of section as added by Acts 2005, 79th Leg., ch. 684, § 
2, see § 3802.106 ante.

SUBCHAPTER D. FINANCIAL PROVISIONS


	§ 3802.151. PETITION REQUIRED FOR FINANCING SERVICES AND 
IMPROVEMENTS.  The board may not finance a service or an 
improvement project under this chapter unless a written petition 
requesting that service or improvement 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 according to the most recent 
certified tax appraisal roll for Harris County;  or
		(2)  at least 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.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.152. 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.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.153. AUTHORITY TO IMPOSE AD VALOREM TAXES, 
ASSESSMENTS, AND IMPACT FEES.  The district may 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.                   


	§ 3802.154. MAINTENANCE TAX.  (a) If authorized at an 
election held in accordance with Section 3802.159, 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;  or
		(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.                   


	§ 3802.155. ASSESSMENTS;  LIENS FOR ASSESSMENTS.  (a) The 
board by resolution may impose and collect 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 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.
	(d)  The board may correct, add to, or delete assessments 
from its assessment rolls after notice and hearing as provided by 
Subchapter F, Chapter 375, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.156. TAX AND ASSESSMENT ABATEMENTS.  Without 
additional procedures, 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.                   


	§ 3802.157. PROPERTY EXEMPT FROM ASSESSMENT AND IMPACT 
FEES.  The district may not impose an assessment or impact fee on 
the property, equipment, or facilities of:
		(1)  an electric utility, as defined by Section 31.002, 
Utilities Code;  or 
		(2)  a public utility, as defined by Section 51.002, 
Utilities Code.        

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.158. OBLIGATIONS;  APPROVAL BY CITY OF 
HOUSTON.  (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.
	(c)  Except as provided by Subsection (d), the district must 
obtain the approval of the City of Houston:
		(1)  for the issuance of a bond for each improvement 
project;  and          
		(2)  of the plans and specifications of the improvement 
project to be financed by the bond.
	(d)  If the district obtains the approval of the City of 
Houston of a capital improvements budget for a specified period not 
to exceed five years, the district may finance the capital 
improvements and issue bonds specified in the budget without 
further approval from the City of Houston.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 3802.159. ELECTIONS REGARDING TAXES OR BONDS.  (a) In 
addition to the elections required under Subchapter L, Chapter 375, 
Local Government Code, the district must hold an election in the 
manner provided by that subchapter 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 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 according to the most recent 
certified tax appraisal roll for Harris County;  or
		(2)  at least 50 persons who own property in the 
district, if there are more than 50 persons who own property 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.                   


	§ 3802.160. 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.                   

SUBCHAPTER E. DISSOLUTION


	§ 3802.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING 
DEBT.  Despite this section and Section 375.264, Local Government 
Code, the district may be dissolved as provided by Subchapter M, 
Chapter 375, Local Government Code, if the district has debt.  If 
the district has debt when it is dissolved, the district shall 
remain in existence solely for the purpose of discharging its bonds 
or other obligations according to their terms.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.