H.B. No. 3888
 
 
 
 
AN ACT
  relating to the creation of the Barrett Management District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3930 to read as follows:
  CHAPTER 3930. BARRETT MANAGEMENT DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3930.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Houston, Texas.
               (3)  "County" means Harris County, Texas.
               (4)  "Director" means a board member.
               (5)  "District" means the Barrett Management District.
         Sec. 3930.002.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3930.003.  PURPOSE; LEGISLATIVE FINDINGS. (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,
  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.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or 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 city and county services provided
  in the district.
         Sec. 3930.004.  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 further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding 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 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, 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.
         Sec. 3930.005.  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
  Section 3930.107 or 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 of the district contained in Section 2 of
  the Act enacting this chapter or in copying the field notes in the
  legislative process does not in any way affect the district's:
               (1)  organization, existence, or validity; or
               (2)  legality or operation.
         Sec. 3930.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  (a)  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 under Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created by the
  city under Chapter 312, Tax Code; or
               (3)  an enterprise zone created by the city under
  Chapter 2303, Government Code.
         (b)  A tax increment reinvestment zone created by the city in
  the district is not subject to the limitations provided by Section
  311.006, Tax Code.
         Sec. 3930.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3930.008.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3930.051.  GOVERNING BODY; TERMS. The district is
  governed by a board of nine directors who serve staggered terms of
  three years, with three directors' terms expiring June 1 of each
  year.
         Sec. 3930.052.  APPOINTMENT OF DIRECTORS. (a) The mayor and
  members of the governing body of the city shall appoint directors
  from persons recommended by the board. A person is appointed if a
  majority of the members and the mayor vote to appoint that person.
         (b)  A person may not be appointed to the board if the
  appointment of that person would result in fewer than two-thirds of
  the directors being residents of the city.
         Sec. 3930.053.  EX OFFICIO DIRECTORS. (a) The following
  persons serve as nonvoting ex officio directors:
               (1)  the directors of the parks and recreation,
  planning and development, public works, and civic center
  departments of the city;
               (2)  the chief of police of the city;
               (3)  the county's general manager of the Metropolitan
  Transit Authority of Harris County, Texas; and
               (4)  the president of each institution of higher
  learning located in the district.
         (b)  If a department described by Subsection (a) is
  consolidated, renamed, or changed, the board may appoint a director
  of the consolidated, renamed, or changed department as a nonvoting
  ex officio director. If a department described by Subsection (a) is
  abolished, the board may appoint a representative of another
  department of the city that performs duties comparable to those
  performed by the abolished department.
         (c)  The board may appoint the presiding officer of a
  nonprofit corporation that is actively involved in activities in
  the district to serve as a nonvoting ex officio director.
         Sec. 3930.054.  CONFLICTS OF INTEREST. (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 of board members.
         (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 an affidavit with the board secretary
  declaring the interest. Another affidavit is not required if the
  director's interest changes.
         (c)  After the affidavit is filed, 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.
         (d)  A director who is also an officer or employee of a public
  entity may not participate in a discussion of or vote on a matter
  regarding a contract with that same public entity.
         (e)  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.
         Sec. 3930.055.  COMPENSATION. The district shall compensate
  a director as provided by Section 49.060, Water Code.
         Sec. 3930.056.  INITIAL DIRECTORS. (a) The initial board
  consists of:
 
             Pos. No.   Name of Director
 
             1   Judy Armstrong
 
             2   Fred Barrett
 
             3   Rita Zarghami
 
             4   Andrew Sonnier
 
             5   Wilbert Eagleton
 
             6   Melody Fontenot
 
             7   Daryl Johnson
 
             8   Dwight Judge
 
             9   Jerry Bluitt
         (b)  Of the initial directors, the terms of directors serving
  in positions 1, 2, and 3 expire June 1, 2017, the terms of directors
  serving in positions 4, 5, and 6 expire June 1, 2018, and the terms
  of directors serving in positions 7, 8, and 9 expire June 1, 2019.
         (c)  Section 3930.052 does not apply to the initial
  directors.
         (d)  This section expires September 1, 2019.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3930.101.  HOUSING FINANCE CORPORATION POWERS. (a)
  The district has the powers of a housing finance corporation
  created under Chapter 394, Local Government Code.
         (b)  The district may exercise the powers to provide housing
  or residential development projects in the district.
         Sec. 3930.102.  DEVELOPMENT CORPORATION POWERS.  The
  district, using money available to the district, may exercise the
  powers given to a development corporation under Chapter 505, Local
  Government Code, including the power to own, operate, acquire,
  construct, lease, improve, or maintain a project under that
  chapter.
         Sec. 3930.103.  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 to be a local
  government corporation created under Subchapter D, 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 Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 3930.104.  AGREEMENTS; GRANTS.  (a)  As provided by
  Chapter 375, Local Government Code, 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.
         Sec. 3930.105.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with the county or the
  city to provide law enforcement services in the district for a fee.
         Sec. 3930.106.  COMPETITIVE BIDDING.  Section 375.221, Local
  Government Code, does not apply to a district contract for $25,000
  or less.
         Sec. 3930.107.  ANNEXATION.  In addition to the authority to
  annex territory under Subchapter C, Chapter 375, Local Government
  Code, the district has the authority to annex territory located in a
  reinvestment zone created by the city under Chapter 311, Tax Code,
  if the city's governing body consents to the annexation.
         Sec. 3930.108.  ECONOMIC DEVELOPMENT PROGRAM. (a) The
  district may establish and provide for the administration of one or
  more programs to promote economic development and to stimulate
  business and commercial activity in the district, including
  programs to secure loans and receive grants of public money.
         (b)  The district may:
               (1)  contract with the federal government, this state,
  a political subdivision, a nonprofit organization, or any other
  person for the administration of the program; and
               (2)  accept contributions, gifts, or other resources to
  develop and administer the program.
         Sec. 3930.109.  STRATEGIC PARTNERSHIP AGREEMENT. The
  district may negotiate and enter into a written strategic
  partnership agreement with the city, the county, or the Crosby
  Independent School District.
         Sec. 3930.110.  REAL PROPERTY. (a) The district may buy,
  sell, own, or lease real property.
         (b)  The district may receive real property as a gift.
         Sec. 3930.111.  RECEIPT OF SURPLUS PROPERTY. The district
  may receive surplus property from a school district that is located
  in the district.
         Sec. 3930.112.  PROJECT FOR EDUCATIONAL OPPORTUNITY. The
  district may own, lease, operate, or manage a project to improve
  educational opportunities in the district.
         Sec. 3930.113.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 3930.151.  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 that 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 the county; or
               (2)  at least 25 owners of land in the district, if more
  than 25 persons own property in the district according to the most
  recent certified tax appraisal roll for the county.
         Sec. 3930.152.  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.
         Sec. 3930.153.  NO AD VALOREM TAX.  The district may not
  impose an ad valorem tax.
         Sec. 3930.154.  ASSESSMENTS NOT AUTHORIZED. (a)  The
  district may not impose an assessment.
         (b)  Subchapter F, Chapter 375, Local Government Code, does
  not apply to the district.
         Sec. 3930.155.  NO IMPACT FEES.  The district may not impose
  an impact fee.
         Sec. 3930.156.  NO AUTHORITY TO ISSUE BONDS. The district
  may not issue a bond to pay for any district purpose.
         Sec. 3930.157.  MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS. Except as provided by Section 375.263, Local
  Government Code, a municipality is not required to pay an
  obligation of the district.
  SUBCHAPTER E.  DISSOLUTION
         Sec. 3930.201.  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.
         SECTION 2.  BOUNDARIES. The Barrett Management District
  initially includes all the territory contained in the following
  area:
         Lying wholly in Harris County, Texas, and being 1195.1475
  acres, more or less, out of the Humphrey Jackson Survey, A-37, the
  Thomas Toby Survey, A-784, and the Reuben white Survey, A-84, and
  described by metes and bounds as follows:
         Beginning at the northeast corner of the Reuben White Survey,
  A-84, which is the most easterly northeast corner of the herein
  described tract.
         Thence S 89° 25' W 1669.735 feet along the north line of the
  Reuben White Survey, A-84, and the south line of the Thomas Toby
  Survey, A-784, for a corner in the center of the right of way of the
  Crosby-Cedar Bayou Road.
         Thence N 00° 35' W 3150.949 feet along the east line of Dream
  Land Place, an unrecorded subdivision of Harris County, and the
  east line of a 107.40-acre tract of land for a corner in the south
  right-of-way line of Kennings Road, a county road.
         Thence S 89° 25' W 2848.372 feet along the south right-of-way
  line of Kennings Road to a corner at its intersection with the
  southeast right-of-way line of U.S. Highway 90.
         Thence S 27° 25' W 924.762 feet along the southeast
  right-of-way line of U.S. Highway 90 to the P.C. of a 3° 00' circular
  curve to the west having a central angle of 48° 20' and a radius of
  1909.86 feet.
         Thence around said curve along said southeast right-of-way
  line of U.S. Highway 90 to the P.T. of said curve a distance of
  1611.112 feet.
         Thence S 75° 45' W 1843.438 feet along said southeast
  right-of-way line of U.S. Highway 90 for a corner in the Northwest
  corner of a 43.592-acre tract.
         Thence S 15° 15' E 993.853 feet along the west line of said
  43.592-acre tract to a corner in the north line of the Reuben White
  Survey, A-84.
         Thence S 89° 25' W 589.318 feet along the north line of the
  Reuben White Survey, A-84, to a corner, being the northeast corner
  of a 102-acre tract.
         Thence S 10° 35' E 3410.926 feet along the east line of said
  102-acre tract to a corner.
         Thence S 0° 35' E 406.131 feet for a corner, being the
  southwest corner of the D.C. Hautier 5.11-acre tract.
         Thence S 89° 25' W 137.508 feet for a corner, being the most
  westerly northeast corner of Harris County Fresh Water Supply
  District No. 46.
         Thence South 320 feet along the most northerly east line of
  Harris County Fresh Water Supply District No. 46 to a corner in the
  west line of Arcadian Gardens Subdivision, Section 3, as recorded
  in Volume 22, Page 58, of the Harris County Map Records, being the
  northwest corner of Lot 109 and the southwest corner of Lot 38 of
  said subdivision.
         Thence N 89° 30' E 1650 feet along the most southerly north
  line of Harris County Fresh Water Supply District No. 46 for a
  corner in the east right-of-way line of Locust Street, being a
  northeast corner of Harris County Fresh Water Supply District No.
  46, and northwest corner of Lot 80 of said Arcadian Gardens
  Subdivision, Section 3.
         Thence S 02° 55' E 1080 feet along east right-of-way line of
  Locust Street to the southeast corner of Harris County Fresh Water
  Supply District No. 46 for the most southerly southwest corner of
  the herein described tract.
         Thence N 89° 25' E 1547.06 feet along the south line of
  Arcadian Gardens Subdivision, Section 4, to corner in the east
  right-of-way line of Farm Market Road 2100.
         Thence N 03° 25' W 354.172 feet along the east right-of-way
  line of Farm Market Road 2100 for a corner at the southwest corner
  of St. Charles Place Subdivision.
         Thence N 89° 25' E 4641.181 feet along south line St. Charles
  Place for a corner in east line of Reuben White Survey, A-84.
         Thence N 00° 35' W 4834.738 feet along said east line of the
  Reuben White Survey, A-84 and west line of the HT&BRR Survey,
  A-1619, to the place of beginning.
         Containing 1195.1475 acres, more or less.
         SECTION 3.  (a) The 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
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  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.
         (d)  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.
         (e)  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.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3888 was passed by the House on May
  12, 2015, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3888 on May 29, 2015, by the following vote:  Yeas 145, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3888 was passed by the Senate, with
  amendments, on May 27, 2015, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor