CHAPTER 51. WATER CONTROL AND IMPROVEMENT DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 51. WATER CONTROL AND IMPROVEMENT DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 51.001. DEFINITIONS. In this chapter:
(1) "District" means a water control and improvement district.
(2) "Board" means the board of directors of a district.
(3) "Director" means a member of the board of directors of a
district.
(4) "Commissioners court" means the commissioners court of the
county in which a district or part of a district is located.
(5) "Commission" means the Texas Natural Resource Conservation
Commission.
(6) "Executive director" means the executive director of the
Texas Natural Resource Conservation Commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff.
June 10, 1981; Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1,
eff. June 17, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.138,
eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.
1.075, eff. Aug. 12, 1991.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT
Sec. 51.011. CREATION OF DISTRICT. A water control and
improvement district may be created under and subject to the
authority, conditions, and restrictions of either Article III,
Section 52, of the Texas Constitution, or Article XVI, Section
59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.012. COMPOSITION OF DISTRICT. (a) A district may
include all or part of one or more counties, including any town,
village, or municipal corporation, and may include any other
political subdivision of the state or any defined district.
(b) The areas composing a district do not have to be contiguous
but may consist of separate bodies of land separated by land not
included in the district; however, each segregated area, before
it may be included in the district, must cast a majority vote in
favor of the creation of the district.
(c) No district may include territory located in more than one
county except by a majority vote of the electors residing within
the territory in each county sought to be included in the
district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.013. PETITION. (a) A petition requesting creation of a
district shall be signed by a majority of the persons who hold
title to land in the proposed district which represents a total
value of more than 50 percent of the value of all the land in the
proposed district as indicated by the tax rolls of the central
appraisal district. If there are more than 50 persons holding
title to land in the proposed district, the petition is
sufficient if signed by 50 of them.
(b) The petition may be signed and filed in two or more copies.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 25, eff. June 17,
2001.
Sec. 51.014. CONTENTS OF PETITION. The petition shall include:
(1) the name of the district;
(2) the area and boundaries of the district;
(3) the provision of the Texas Constitution under which the
district is to be organized;
(4) the purpose or purposes of the district;
(5) a statement of the general nature of the work to be done and
the necessity and feasibility of the project, with reasonable
detail and definiteness to assist the court or commission passing
on the petition in understanding the purpose, utility,
feasibility, and need; and
(6) a statement of the estimated cost of the project based on
the information available to the person filing the petition at
the time of filing.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.015. PLACE OF FILING; RECORDING. (a) The petition
shall be filed in the office of the county clerk of the county in
which the district is located. If land in more than one county is
included in the district, copies of the petition certified by the
clerk shall be filed in the office of the county clerk of each
county in which a portion of the district is located.
(b) The petition shall be recorded in a book kept for that
purpose in the office of the county clerk.
(c) If more than one petition is filed and the petitions are
identical except for the signature, one copy of the petition
shall be recorded and all signatures on the other petitions shall
be included.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.016. COMMISSIONERS COURT OR COMMISSION TO CONSIDER
CREATION OF DISTRICT. If the land to be included in a district
is within one county, the creation of the district shall be
considered and ordered by the commissioners court, but if the
land to be included in a district is in two or more counties, the
creation of the district shall be considered and ordered by the
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff.
June 10, 1981.
Sec. 51.017. SINGLE-COUNTY DISTRICT: HEARING. (a) Except as
provided in Subchapter H of this chapter, if a petition is filed
for the creation of a district within one county, the county
judge shall issue an order setting the date of hearing on the
petition by the commissioners court and shall endorse the order
on the petition or on a paper attached to the petition.
(b) After the order is issued, the county clerk shall issue
notice of the hearing.
(c) The petition may be considered at a regular or special
session of the court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.018. SINGLE-COUNTY DISTRICT: NOTICE OF HEARING. (a)
The notice of hearing on the petition shall include a statement
of the nature and purpose of the district and the date, time, and
place of hearing.
(b) The notice shall be prepared with one original and three
copies. The county clerk shall retain one copy of the notice in
his files and deliver the original and two copies to the county
sheriff.
(c) The sheriff shall post one copy of the notice at the
courthouse door 15 days before the day of the hearing and shall
publish one copy in a newspaper of general circulation in the
county once a week for two consecutive weeks. The first newspaper
publication shall be made at least 20 days before the day of
hearing.
(d) Before the hearing, the sheriff shall make due return of
service of the notice with copy and affidavit of publication
attached to the original.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.019. SINGLE-COUNTY DISTRICT: NAME. (a) A district
located in one county may be named the ____________ County Water
Control and Improvement District, Number ____. (Insert the name
of the county and proper consecutive number.)
(b) A district may be known and designated by any term
descriptive of the location of the district and descriptive of
the principal powers to be exercised by the district; however,
the word "district" shall be included in the designation and a
consecutive number shall be assigned to it if other districts of
the same name have been created in the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.020. SINGLE-COUNTY DISTRICT: TESTIMONY AT HEARING. (a)
At the hearing on the petition, any person whose land is included
in or would be affected by the creation of the district may
appear and contest the creation of the district and may offer
testimony to show that the district:
(1) is or is not necessary;
(2) would or would not be a public utility or benefit to land in
the district; and
(3) would or would not be feasible or practicable.
(b) The hearing may be adjourned from day to day.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.021. SINGLE-COUNTY DISTRICT: GRANTING OR REFUSING
PETITION. (a) The commissioners court or the commission shall
grant the petition requesting the creation of a district if it
appears at the hearing that:
(1) organization of the district as requested is feasible and
practicable;
(2) the land to be included and the residents of the proposed
district will be benefited by the creation of the district;
(3) there is a public necessity or need for the district; and
(4) the creation of the district would further the public
welfare.
(b) If the commissioners court or the commission fails to make
the findings required by Subsection (a) of this section, it shall
refuse to grant the petition.
(c) If the commissioners court or the commission finds that any
of the land sought to be included in the proposed district will
not be benefited by inclusion in the district, it may exclude
those lands not to be benefited and shall redefine the boundaries
of the proposed district to include only the land that will
receive benefits from the district.
(d) Repealed by Acts 1989, 71st Leg., ch. 936, Sec. 19, eff.
Sept. 1, 1989.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1989, 71st Leg., ch. 936, Sec. 19, eff. Sept. 1,
1989.
Sec. 51.022. SINGLE-COUNTY DISTRICT: APPEAL FROM ORDER OF
COMMISSIONERS COURT. (a) If the commissioners court grants or
refuses to grant the petition, any person who signed the petition
or any person who appears and protests the petition and offers
testimony against the creation of the district may appeal from
the order of the court by giving notice of appeal in open court
at the time of the entry of the order, which shall be entered on
the court's docket, and by filing with the clerk of the
commissioners court within five days a good and sufficient appeal
bond in the amount of $2500.
(b) The appeal bond shall be approved by the clerk of the
commissioners court payable to the county judge conditioned for
the prosecution of the appeal with effect and the payment of all
costs incurred with the appeal in the event that the final decree
of the court is against the appellant.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL; NOTICE OF
APPEAL. (a) On completion of an appeal as provided in Section
51.022 of this code, the clerk of the commissioners court shall,
within 10 days, prepare a certified transcript of all orders
entered by the commissioners court and transmit them with all
original documents, processes, and returns on processes to the
clerk of the district court to which the appeal is taken.
(b) All persons shall be charged with notice of the appeal
without notice or service of notice. No person who failed to
appear by petition, in person, or by attorney in the
commissioners court may be permitted to intervene in the district
court trial.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT;
PROCEDURE. (a) The district court, either in term time or in
vacation time, shall schedule the appeal for hearing with all
reasonable dispatch.
(b) In the proceeding in the district court, formal pleadings
shall not be required but, with the court's permission, may be
filed.
(c) The trial and decision shall be by the court without the
intervention of a jury, and the hearing shall be conducted as
though the jurisdiction of the district court were original
jurisdiction.
(d) The following matters may be contested in the district
court:
(1) all matters which were or might have been presented in the
commissioners court;
(2) the validity of the act under which the district is proposed
to be created; and
(3) the regularity of all previous proceedings.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(43),
eff. Aug. 31, 1981.
Sec. 51.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT COURT;
APPEAL. (a) In the appeal, the district court shall apply to
the determination its full powers to the end that substantial
justice may be done.
(b) An appeal from the judgment of the district court may be
taken as in other civil causes, but appeals filed under Section
51.022 of this code shall be given precedence on the docket of
any higher court over all causes which are not of similar public
concern.
(c) The final judgment of the district court, or other court to
which an appeal may be prosecuted, shall be certified and
transmitted to the clerk of the commissioners court with all
original documents and processes which were transmitted from the
commissioners court to the district court on appeal.
(d) The commissioners court shall enter its order on the
petition to conform to the decree entered by the court of final
jurisdiction and shall enter other and further orders as may be
required by law to execute the intent of the certified decree.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS;
BOND. (a) If the commissioners court grants a petition for
creation of a district, it shall appoint five directors who shall
serve until their successors are elected or appointed in
accordance with law.
(b) Each director shall, within 15 days after appointment, file
his official bond in the office of the county clerk, and the
county clerk shall present the bond to the county judge for
approval. The county judge shall pass on the bond and approve it,
if it is proper and sufficient, or disapprove it and shall
endorse his action on the bond and return it to the county clerk.
(c) If approved, the bond of a director shall be recorded in a
record kept for that purpose in the office of the county clerk,
but if a bond is not approved, a new bond may be furnished within
10 days after disapproval.
(d) If any director appointed under this section fails to
qualify, the commissioners court shall appoint another person to
replace him.
(e) Each director appointed under this section shall take the
oath of office as provided by Section 51.078 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.027. MULTI-COUNTY DISTRICT: HEARING BY COMMISSION. (a)
The commission shall have exclusive jurisdiction and power to
hear and determine all petitions for creation of a district which
will include land or property located in two or more counties.
(b) The orders of the commission concerning the organization of
a district shall be final, unless an appeal is taken from the
orders as provided in this subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.028. MULTI-COUNTY DISTRICT: NOTICE OF HEARING. (a)
When a petition is filed, the commission shall give notice of an
application in the manner provided in Section 49.011 and may
conduct a hearing on the application if the commission determines
that a hearing is necessary under that section.
(b) Further, the notice shall be posted at the courthouse door,
on the bulletin board used for posting legal notices, in each
county in which the district may be located.
(c) The notice shall be published in one or more newspapers with
general circulation in the area of the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 25, eff. Sept. 1,
1997.
Sec. 51.031. MULTI-COUNTY DISTRICT: APPEAL FROM COMMISSION
DECISION. (a) When the commission grants or refuses a petition,
any person who comes within the requirements specified in
Sections 51.020-51.025 of this code may prosecute an appeal from
the judgment of the commission under Sections 51.022-51.025 of
this code.
(b) The appeal may be taken to any district court in any county
in which part of the proposed district is located or to a
district court in Travis County.
(c) The time within which an appeal bond may be approved and
filed is 15 days after the entry of the final order by the
commission.
(d) On the perfection of the appeal, the appellant shall pay the
actual cost of the transcript of the record, which will be
assessed as part of the costs incurred on the appeal.
(e) Whenever practicable, the original documents and processes
with the returns attached shall be sent to the district court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.032. MULTI-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS BY
COMMISSION; BOND. (a) If the commission grants the petition for
creation of the district, it shall appoint five directors, who
shall serve until their successors are elected or appointed.
(b) A certified copy of the order of the commission granting a
petition and naming the directors shall be filed in the office of
the county clerk of each county in which a portion of the
district is located.
(c) Each director named in the order shall, within 15 days after
appointment, file his official bond in the office of the county
clerk of the county of his residence. The county clerk shall
present the bond to the county judge for approval.
(d) The county judge shall act on each bond in the manner
provided in Section 51.026 of this code.
(e) If any director appointed under this section fails to
qualify, the commissioners court of the county in which he lives
shall appoint some qualified person to replace him.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION
IN DISTRICT. (a) No city, town, or municipal corporation may be
included within any district created under this chapter unless
the proposition for the creation of the district has been adopted
by a majority of the electors in the city, town, or municipal
corporation.
(b) Any municipal corporation included within a district shall
be a separate voting district, and the ballots cast within the
municipal corporation shall be counted and canvassed separately
from the remainder of the district.
(c) No district which includes a city, town, or municipal
corporation may include land outside of the municipal corporation
unless the election to confirm and ratify the creation of the
district favors the creation of the district independent of the
vote within the municipal corporation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN
MORE THAN ONE COUNTY. No district, the major portion of which is
located in one county, may be organized to include land in
another county unless the election held in the other county to
confirm and ratify the creation of the district is adopted by
those voting in the other county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.037. EXCLUSION OF PARTS OF DISTRICT; DISSOLUTION. (a)
If any portion of a district governed by Sections 51.035 and
51.036 of this code, votes against the creation of the district
and the remainder of the district votes for the creation, the
district is confirmed and ratified in those portions of the
district voting for the creation, and the district is composed
only of those portions.
(b) The excluded portions of the district shall be excluded from
all debts and obligations incurred after the election; however,
all land and property included in the original district shall be
subject to the payment of taxes for the payment of all debts and
obligations, including organization expenses, incurred while it
was a part of the district.
(c) If a district is created and portions of the proposed
district are excluded by the vote in those portions, 10 percent
of the voters in the district may file with the board a petition
asking for a new election on the issue. A new election shall be
ordered and held for the remaining portion of the district or the
district organization may be dissolved by order of the board and
a new district formed.
(d) A petition requesting a new election shall be filed within
30 days after the day on which the result of the election is
canvassed and declared by the board.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.038. MUNICIPAL DISTRICTS. (a) A district operating
under the provisions of this chapter may, by order of the board
entered in the minutes, become a "municipal district."
(b) To become a municipal district, a district shall have a
taxing power unlimited as to rate and amount and may not have
outstanding or authorized bond obligations exceeding 20 percent
of the established assessable, taxable evaluation of the real
estate subject to the district's taxing power. In computing
outstanding or authorized bond obligations, the bond obligations
which may be retired by the district out of revenues from sources
other than the income from district taxation shall not be
included.
(c) To be eligible to become a municipal district, a district:
(1) shall embrace the total area of a municipal corporation
which has bond obligations which may be declared eligible for
purchase by savings banks and trusts under the acts of the State
of New York, and which has plans designed for furnishing, in
whole or in part, a water supply, sanitation facilities, flood
protection, or other service inuring to the general benefit of
the inhabitants of the embraced city; or
(2) shall have a population, according to the last preceding
federal census, of at least 30,000 persons and have established
assessable real estate values of at least $50 million.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.039. BONDS OF MUNICIPAL DISTRICTS. (a) A district
operating under Section 51.038 of this code may issue bonds which
bear the legend "municipal bond."
(b) Bonds issued in compliance with this section and with
Section 51.038 of this code shall be eligible for investment of
the funds of:
(1) state banks, trust funds, and savings banks;
(2) insurance companies, for the purpose of holding the bonds as
legal reserves against liability under their contracts for
insurance or for investment of an accumulated surplus;
(3) counties, cities, towns, and other political bodies, for the
purpose of investing the accumulated sinking fund money of those
bodies;
(4) the State Board of Education and the regents of The
University of Texas System; and
(5) trustees, receivers, administrators, and guardians
administering funds under orders of a court.
(c) Municipal bonds issued under this section, when in the
lawful possession of any person, shall be lawful reserves, where
reserves are required by law.
(d) The bonds are eligible for deposit with the banking and
insurance departments of Texas in all cases where deposit,
pledge, or security is required by law.
(e) The bonds shall be lawful security for any bank designated
as an official depository for a political body under the laws of
Texas.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.040. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS
OPERATING UNDER THIS CHAPTER. (a) Any water improvement
district, levee improvement district, or irrigation district
created under Article III, Section 52, of the Texas Constitution,
or under Article XVI, Section 59, of the Texas Constitution, or
any conservation and reclamation district created under Article
XVI, Section 59, of the Texas Constitution, may be converted to a
district operating under this chapter.
(b) The governing body of a district which desires to convert
into a district operating under this chapter shall adopt and
enter in the minutes of the governing body a resolution declaring
that, in its judgment, conversion into a water control and
improvement district operating under this chapter and under
Article XVI, Section 59, of the Texas Constitution, would serve
the best interest of the district and would be a benefit to the
land and property included in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.041. CONVERSION OF DISTRICT; NOTICE. (a) Notice of the
adoption of a resolution under Section 51.040 of this code shall
be given by publishing the resolution in a newspaper with general
circulation in the county or counties in which the district is
located.
(b) The notice shall be published once a week for two
consecutive weeks with the first publication not less than 14
full days before the time set for a hearing.
(c) The notice shall:
(1) state the time and place of the hearing;
(2) set out the resolution in full; and
(3) notify all interested persons to appear and offer testimony
for or against the proposal contained in the resolution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.042. CONVERSION OF DISTRICT; FINDINGS. (a) If, on a
hearing, the governing body of the district finds that conversion
of the district into one operating under this chapter would serve
the best interest of the district and would be a benefit to the
land and property included in the district, it shall enter an
order making this finding and the district shall become a
district operating under this chapter.
(b) If the governing body finds that the conversion of the
district would not serve the best interest of the district and
would not be a benefit to the land and property included in the
district, it shall enter an order against conversion of the
district into one operating under this chapter.
(c) The findings of the governing body of a district entered
under this section are final and not subject to appeal or review.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.043. EFFECT OF CONVERSION. A district which converts
into a district operating under this chapter shall:
(1) be constituted a water control and improvement district
operating under and governed by this chapter;
(2) be a conservation and reclamation district under the
provisions of Article XVI, Section 59, of the Texas Constitution;
and
(3) have and may exercise all the powers, authority, functions,
and privileges provided in this chapter in the same manner and to
the same extent as if the district had been created under this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.044. RESERVATION OF CERTAIN POWERS FOR CONVERTED
DISTRICTS. (a) Any water improvement district, water control
and preservation district, fresh water supply district, levee
improvement district, drainage district, or navigation district,
after conversion under Section 51.040 of this code, may continue
to exercise all necessary specific powers under any specific
conditions provided by the chapter of this code under which the
district was operating before conversion.
(b) At the time of making the order of conversion, the governing
body shall specify in the order the specific provisions of the
chapter of the code under which the district had been operating
which are to be preserved and made applicable to the operations
of the district after conversion into a district operating under
this chapter.
(c) A reservation of a former power under Subsection (a) of this
section may be made only if this chapter does not make specific
provision concerning a matter necessary to the effectual
operation of the converted district.
(d) In all cases in which this chapter does make specific
provision, this chapter shall, after conversion, control the
operations and procedure of the converted district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.045. CONVERSION OF A DISTRICT OPERATING UNDER THIS
CHAPTER TO A FRESH WATER SUPPLY DISTRICT. (a) Any district
operating under this chapter may be converted into a district
operating as a fresh water supply district under Chapter 53 of
this code in the manner provided in this section.
(b) The governing body of a district desiring to convert under
this section shall adopt a resolution declaring that, in its
judgment, conversion of the district into one operating under
Chapter 53 of this code and under the provisions of Article XVI,
Section 59, of the Texas Constitution, would be in the best
interest of the district and would be a benefit to the land and
property in the district.
(c) The resolution shall provide for a public hearing on the
proposition at a date to be fixed by the governing body not less
than 15 days nor more than 30 days from the date of the
resolution.
(d) Notice of the hearing shall be published once a week for two
consecutive weeks in a newspaper with general circulation in the
area in which the district is located. The first publication
shall be not less than 14 days before the time set for the
hearing. The notice shall contain a copy of the resolution or a
substantial statement of the matters contained in the resolution.
(e) At the hearing, any person may appear and offer testimony
and other evidence.
(f) If, on hearing, the board finds that the conversion of the
district operating under this chapter into one operating under
Chapter 53 of this code would be in the best interest of the
district and would be a benefit to the land and property in the
district, it shall enter an order declaring the district to be
one operating under Chapter 53 of this code, and thereafter, the
district shall operate under the provisions of Chapter 53.
(g) If the board finds that conversion would not be in the best
interest of the district and would not be a benefit to the land
and property in the district, it shall enter its order to that
effect and the district shall continue to operate under this
chapter.
(h) The findings of the governing body shall be final and not
subject to review or appeal.
(i) Nothing in this section may be construed to authorize the
impairment of any existing contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.046. ORGANIZATION OF DISTRICT TO CONDUCT PRELIMINARY
SURVEYS. A district may be organized for the sole purpose of
conducting preliminary surveys to determine whether or not
improvements are needed and what improvements, if any, are
required to promote the public welfare.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.047. CREATION OF MASTER DISTRICT. A master district may
be created under this chapter and may include all or any part of
the area of one or more districts created and operating under the
provisions of this chapter or Chapters 53, 55, 56, 57, 60-63 of
this code or Chapter 3, Title 128, Revised Civil Statutes of
Texas, 1925.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.048. PURPOSES OF MASTER DISTRICT. (a) A master
district may be created to conduct preliminary surveys and to
develop a plan for the control and use of the water of any given
stream, so that the improvements on one part of a watershed will
be mechanically and economically related to all other
improvements on the stream or its watershed.
(b) A master district also may be created to enable districts to
pool their resources when necessary to economically:
(1) make preliminary surveys;
(2) adopt a plan to coordinate the plants, improvements, and
facilities of the several constituent districts;
(3) provide the improvements and facilities proposed to be
constructed and furnished by the master district;
(4) provide improvements for the common benefit of the several
districts;
(5) enable the districts jointly to make purchases; or
(6) maintain or operate works for the common benefit of the
several districts.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.049. MASTER DISTRICT; PROCEDURE. (a) The Commission
shall have exclusive jurisdiction to hear and determine petitions
for the creation of a master district.
(b) Each district composing part of a master district shall, for
all purposes of an election, constitute a separate voting unit.
No existing district may be included in a master district unless
the proposal is approved by a majority of the qualified electors
of the constituent district voting in the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.050. MASTER DISTRICT; DIRECTORS. A master district may
have directors which number five, seven, or any other uneven
number up to 21.
(b) The number shall be determined at the time of the creation
of the district and may thereafter be changed by the directors of
the district in a manner to conform to the requirements for
equitable representation for the various areas of the master
district.
(c) The election and qualification of the directors shall, where
applicable, be controlled as provided by the other provisions of
this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.051. MASTER DISTRICT GOVERNED BY CHAPTER. The
provisions of this chapter, where applicable, shall govern a
master district in:
(1) the procedure for its creation;
(2) the conduct of its affairs; and
(3) its powers.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.052. CITY, TOWN, OR MUNICIPAL CORPORATION CREATED AS A
DISTRICT. (a) Any city, town, or municipal corporation may have
the benefit and powers provided in this chapter under the Texas
Constitution and may aid any district in the construction and
operation of any improvements to the extent that the improvements
may be an advantage to the municipal corporation.
(b) The area included in any city, town, or municipal
corporation may be organized into and constituted a district
operating under this chapter with all the powers, authority, and
privileges provided by Article XVI, Section 59, of the Texas
Constitution. The district shall be governed by this chapter and
by an ordinance duly enacted by the governing body of the city,
town, or municipal corporation.
(c) The ordinance required by Subsection (b) of this section
shall appoint five directors for the district. Each director's
bond shall be filed with and approved by the governing body of
the municipal corporation.
(d) On the qualification of the directors, the district shall be
completely organized without the necessity of an election. The
district shall thereafter be governed by the provisions of this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 51.071. BOARD OF DIRECTORS. The governing body of a
district is the board of directors, which shall consist of five
directors.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.0711. SPECIAL DIRECTOR. (a) The governing body of a
municipality that enters a contract or agreement with a district
located in more than one county to jointly construct, acquire,
operate, or maintain a regional wastewater system is entitled to
appoint a special director to the board of the district. Section
51.072 does not apply to a special director.
(b) The office of special director exists only during the period
for which the contract or agreement is in effect. If the contract
or agreement is in effect for a term of more than four years, a
special director serves for a four-year term of office. A vacancy
in the office of special director shall be filled by the
governing board of the municipality.
(c) A special director is entitled to vote only on matters
before the district's board of directors that are directly
related to the regional wastewater system that is the subject of
the contract or agreement between the municipality and the
district.
(d) In any matter on which the director appointed under this
section votes, approval by a majority of the six members of the
board is required for approval.
Added by Acts 1989, 71st Leg., ch. 575, Sec. 1, eff. June 14,
1989. Amended by Acts 1995, 74th Leg., ch. 715, Sec. 4, eff.
Sept. 1, 1995.
Sec. 51.072. QUALIFICATIONS FOR DIRECTOR. To be qualified for
election as a director, a person must be a resident of the state,
own land subject to taxation in the district, and be at least 18
years of age. Section 49.052 does not apply to a district
governed by this chapter whose principal purpose is providing
water for irrigation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1995, 74th Leg., ch. 715, Sec. 5, eff. Sept. 1,
1995.
Sec. 51.0731. ELECTION DATE FOR CERTAIN DIRECTORS. The election
date for directors of a district proposing to provide or actually
providing water and sewer services or either of these services to
household users as the principal functions of the district shall
be the first Saturday in April.
Added by Acts 1973, 63rd Leg., p. 1539, ch. 559, Sec. 2, eff.
June 15, 1973. Amended by Acts 1975, 64th Leg., p. 625, ch. 256,
Sec. 1, eff. Sept. 1, 1975.
Sec. 51.0732. UNIFORM ELECTION DATE. Notwithstanding the
election date prescribed by Section 51.0731 of this code, an
election held under that section shall be held on a uniform
election date as provided by law.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 25(l), eff. Sept. 1,
1987.
Sec. 51.075. APPLICATION TO GET ON BALLOT. A candidate for the
office of director or other elective office may file an
application with the secretary of the board to have the
candidate's name printed on the election ballot. The application
must be signed by the applicant or by at least 10 qualified
electors of the district and must be filed not later than 5 p.m.
of the 45th day before the date of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1989, 71st Leg., ch. 1009, Sec. 1, eff. Sept. 1,
1989.
Sec. 51.076. SELECTION OF DIRECTORS IN CERTAIN DISTRICTS. (a)
In a district created after June 18, 1967, with boundaries
coterminous with the boundaries of a county, the commissioners
court may provide in the order granting the petition for creation
that the directors are to be selected either as provided in
Section 49.102 or by the "commissioners precinct method," which
provides for the election of two directors from each
commissioners precinct in the county and the election of one
director from the county at large.
(b) If the commissioners court provides for the commissioners
precinct method, it may appoint two qualified directors from each
commissioners precinct and one director from the county at large,
who shall serve until their successors are elected and have
qualified. Except for the provisions of this subsection, Section
51.026 of this code applies to the appointment of the initial
directors.
(c) The directors appointed by the commissioners court under
Subsection (b) of this section shall order an election in the
district on the second Tuesday in January following the creation
of the district. The two persons receiving the highest number of
votes in each precinct are the directors from that precinct, and
the person receiving the highest number of votes from the county
at large is the director at large.
(d) Of the two persons elected from each commissioners precinct,
the person who receives the highest number of votes in each
precinct shall serve for four years and until his successor is
elected and has qualified, and the person receiving the second
highest number of votes in each precinct shall serve for two
years and until his successor is elected and has qualified. The
person who is elected from the county at large shall serve for
four years and until his successor is elected and has qualified.
At each election after the first election, a person who is
elected director shall serve for four years and until his
successor is elected and has qualified.
(e) To be qualified for election as a director from a
commissioners precinct, a person must be 21 years of age, a
citizen of the state, and own land subject to taxation in the
commissioners precinct from which he is elected.
(f) To be qualified for election as a director from the county
at large, a person must possess the qualifications specified in
Section 51.072 of this code.
(g) If a vacancy occurs in the office of director between
regular elections, the vacancy shall be filled for the unexpired
term at a special election in the director's precinct. The
special election shall be called by a majority of the remaining
members of the board within 8 days after the vacancy occurs and
to be held not more than 40 days after the vacancy occurs.
(h) Except as otherwise provided in this section, all laws
relating to the election and qualification of directors of a
district shall govern and control the election and qualification
of directors selected by the commissioners precinct method
whether the precinct election is regular or special.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1983, 68th Leg., p. 5212, ch. 951, Sec. 3, eff.
Jan. 1, 1984; Acts 1995, 74th Leg., ch. 715, Sec. 6, eff. Sept.
1, 1995.
Sec. 51.085. DISTRICT TAX ASSESSOR AND COLLECTOR. The board may
appoint one person to the office of tax assessor and collector,
or it may order an election to fill that office.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.090. BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL
AGENT OR COLLECTING MONEY FOR UNITED STATES. (a) If a district
is appointed fiscal agent for the United States or if a district
is authorized to make collections of money for the United States
in connection with a federal reclamation project, each director
and officer of the district including the tax assessor and
collector shall execute an additional bond in the amount required
by the secretary of the interior, conditioned on the faithful
discharge of his respective office and on the faithful discharge
by the district of its duties as fiscal or other agent of the
United States under its appointment or authorization.
(b) The additional bonds shall be approved, recorded, and filed
as provided in this chapter for other official bonds.
(c) Suit may be brought on the bonds by the United States or any
person injured by the failure of the officer or the district to
fully, promptly, and completely perform their respective duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.0951. MEETINGS IN CERTAIN DISTRICTS. After at least 25
qualified electors are residing in a district covered by Section
51.0941 of this code, on written request of at least five of
these electors, the board shall designate a meeting place within
the district. On the failure to designate the location of the
meeting place within the district, five electors may petition the
commission to designate a location, which may be changed by the
board after the next election of members to the board.
Added by Acts 1973, 63rd Leg., p. 618, ch. 263, Sec. 2, eff. Aug.
27, 1973.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 51.121. PURPOSES OF DISTRICT. (a) A water control and
improvement district organized under the provisions of Article
III, Section 52, of the Texas Constitution, may provide for:
(1) the improvement of rivers, creeks, and streams to prevent
overflows, to permit navigation or irrigation, or to aid in these
purposes; or
(2) the construction and maintenance of pools, lakes,
reservoirs, dams, canals, and waterways for irrigation, drainage,
or navigation, or to aid these purposes.
(b) A water control and improvement district organized under the
provisions of Article XVI, Section 59, of the Texas Constitution,
may provide for:
(1) the control, storage, preservation, and distribution of its
water and floodwater and the water of its rivers and streams for
irrigation, power, and all other useful purposes;
(2) the reclamation and irrigation of its arid, semiarid, and
other land which needs irrigation;
(3) the reclamation, drainage, conservation, and development of
its forests, water, and hydroelectric power;
(4) the navigation of its coastal and inland water;
(5) the control, abatement, and change of any shortage or
harmful excess of water;
(6) the protection, preservation, and restoration of the purity
and sanitary condition of water within the state; and
(7) the preservation and conservation of all natural resources
of the state.
(c) The purposes stated in Subsection (b) of this section may be
accomplished by any practical means.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.122. ADOPTING RULES AND REGULATIONS. A district may
adopt and enforce reasonable rules and regulations to:
(1) secure and maintain safe, sanitary, and adequate plumbing
installations, connections, and appurtenances as subsidiary parts
of the district's sanitary sewer system;
(2) preserve the sanitary condition of all water controlled by
the district;
(3) prevent waste or the unauthorized use of water controlled by
the district;
(4) regulate privileges on any land or any easement owned or
controlled by the district; or
(5) provide and regulate a safe and adequate freshwater
distribution system.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 26, eff. June 17,
2001.
Sec. 51.125. CONSTRUCTION OF IMPROVEMENTS. A district may
construct all works and improvements necessary:
(1) for the prevention of floods;
(2) for the irrigation of land in the district;
(3) for the drainage of land in the district, including drainage
ditches or other facilities for drainage;
(4) for the construction of levees to protect the land in the
district from overflow;
(5) to alter land elevations where correction is needed; and
(6) to supply water for municipal uses, domestic uses, power and
commercial purposes, and all other beneficial uses or controls.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.127. ADOPTING RULES AND REGULATIONS. A district may
adopt and make known reasonable regulations to:
(1) secure and maintain safe, sanitary, and adequate plumbing
installations, connections, and appurtenances as subsidiary parts
of sanitary sewer systems;
(2) preserve the sanitary condition of all water controlled by
the district;
(3) prevent waste or the unauthorized use of water; and
(4) regulate residence, hunting, fishing, boating, and camping,
and all recreational and business privileges on any body or
stream of water, or any body of land, or any easement owned or
controlled by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.128. EFFECT OF RULES AND REGULATIONS. After the
required publication, rules and regulations adopted by the
district under Section 51.127 of this code shall be recognized by
the courts as if they were penal ordinances of a city.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.129. PUBLICATION OF RULES AND REGULATIONS. (a) The
board shall publish once a week for two consecutive weeks a
substantive statement of the rules or regulations and the penalty
for their violation in one or more newspapers with general
circulation in the area in which the property of the district is
located.
(b) The substantive statement shall be as condensed as is
possible to intelligently explain the purpose to be accomplished
or the act forbidden by the rule or regulation.
(c) The notice must advise that breach of the regulations will
subject the violator to a penalty and that the full text of the
regulation is on file in the principal office of the district
where it may be read by any interested person.
(d) Any number of regulations may be included in one notice.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.130. EFFECTIVE DATE OF RULES AND REGULATIONS. The
penalty for violation of a rule or regulation is not effective
and enforceable until five days after the publication of the
notice. Five days after the publication, the published regulation
shall be in effect and ignorance of it is not a defense for a
prosecution for the enforcement of the penalty.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER
COUNTY AND PUBLIC ROADS. The district shall build necessary
bridges and culverts across and over district canals, laterals,
and ditches which cross county or public roads. Funds of the
district shall be used to construct the bridges and culverts.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER
RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.
(a) The district, at its own expense, may build necessary
bridges and culverts across or under any railroad tracks or
roadways of any railroad or any interurban, or street railway to
enable the district to construct and maintain any canal, lateral,
ditch, or other improvement of the district.
(b) Before the district builds a bridge or culvert, the board
shall deliver written notice to the local agent, superintendent,
roadmaster, or owner. The railroad company or its owner shall
have 60 days in which to build the bridge at its own expense and
according to its own plans.
(c) The canal, culvert, ditch, or structure shall be constructed
of sufficient size and proper plan to serve the purpose for which
it is intended.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.135. CONTRACTING FOR TOLL BRIDGES AND FERRY SERVICE.
(a) A district may make contracts with responsible persons for
the construction and operation of toll bridges over the
district's water for not more than 20 years or for ferry service
on or over the district's water for not more than 10 years.
(b) The contract shall set reasonable compensation to be charged
for service by the facility and shall require adequate bond or
bonds from the person with whom it enters into the contract,
payable to the district, on the conditions and in the amount
which the board considers necessary.
(c) The contracts may provide for forfeiture of the franchise
for a failure of the licensee to render adequate public service.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.149. CONTRACTS. (a) Notwithstanding Section 49.108(e),
no approval other than that specified in Subsection (c) need be
obtained in order for a contract between a district and a
municipality to be valid, binding, and enforceable against all
parties to the contract. After approval by a majority of the
electors voting at an election conducted in the manner of a bond
election, a district may make payments under a contract from
taxes for debt that does not exceed 30 years.
(b) A contract may provide that the district will make payments
under the contract from proceeds from the sale of notes or bonds,
from taxes, from any other income of the district, or from any
combination of these.
(c) A district may make payments under a contract from taxes,
other than maintenance taxes, after the provisions of the
contract have been approved by a majority of the electors voting
at an election held for that purpose.
(d) Any contract election may be held at the same time as and in
conjunction with an election to issue bonds, and the procedure
for calling the election, giving notice, conducting the election,
and canvassing the returns shall be the same as the procedure for
a bond election.
(e) A district created pursuant to Chapter 628, Acts of the 68th
Legislature, Regular Session, 1983, is defined as a municipal
corporation and political subdivision pursuant to Chapter 405,
Acts of the 76th Legislature, Regular Session, 1999, and is
authorized to take action accordingly.
Amended by Acts 1989, 71st Leg., ch. 328, Sec. 13, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 778, Sec. 1, eff. June 16, 1995;
Acts 2001, 77th Leg., ch. 965, Sec. 20.02, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 966, Sec. 2.58, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1276, Sec. 18.010, eff. Sept. 1, 2003.
Sec. 51.150. CONTRACTS WITH OTHER DISTRICTS OR WATER SUPPLY
CORPORATIONS. (a) In this section, "authorized water district"
means a district created under Section 52(b)(1) or (2), Article
III, or Section 59, Article XVI, Texas Constitution.
(b) A district may enter into a contract with an authorized
water district or a water supply corporation that authorizes the
district to acquire, through the issuance of debt or other means,
and convey to the authorized water district or water supply
corporation all or part of a water supply, treatment, or
distribution system, a sanitary sewage collection or treatment
system, or works or improvements necessary for drainage of land
in the district. The contract may:
(1) permit the district to rehabilitate, repair, maintain,
improve, enlarge, or extend any existing facilities to be
conveyed to the authorized water district or water supply
corporation; or
(2) require the district to pay impact fees or other fees to the
authorized water district or water supply corporation for
capacity or service in facilities of the authorized water
district or water supply corporation.
(c) The contract entered into under Subsection (b) may authorize
the authorized water district or water supply corporation to
purchase the water, sewer, or drainage system from the district
through periodic payments to the district in amounts that,
combined with the net income of the district, are sufficient for
the district to pay the principal of and interest on any bonds of
the district. The contract may provide that the payments due
under this subsection:
(1) are payable from and secured by a pledge of all or part of
the revenues of the water, sewer, or drainage system;
(2) are payable from taxes to be imposed by the authorized water
district; or
(3) are payable from a combination of the revenues and taxes
described by Subdivisions (1) and (2).
(d) The contract may authorize the authorized water district or
water supply corporation to operate the water, sewer, or drainage
system conveyed by the district under Subsection (b).
(e) The contract may require the district to make available to
the authorized water district or water supply corporation all or
part of the raw or treated water to be used for the provision of
services within the district.
(f) If the contract provides for the water, sewer, or drainage
system to be conveyed to the authorized water district or water
supply corporation on or after the completion of construction,
the authorized water district or water supply corporation may pay
the district to provide water, sewer, or drainage services to
residents of the authorized water district or customers of the
water supply corporation.
(g) The contract may authorize the district to convey to the
authorized water district or water supply corporation at no cost
a water, sewer, or drainage system and require the authorized
water district or water supply corporation to use all or part of
those systems to provide retail service to customers within the
district in accordance with the laws of this state and any
certificate of convenience and necessity of the authorized water
district or water supply corporation.
(h) A contract under this section must be approved by a majority
vote of the governing bodies of the district and the authorized
water district or water supply corporation. If Section 52,
Article III, or Section 59, Article XVI, Texas Constitution,
requires that qualified voters of the district approve the
imposition of a tax by the district or the authorized water
district, the district or the authorized water district shall
call an election for that purpose.
Added by Acts 2005, 79th Leg., Ch.
962, Sec. 1, eff. June 18, 2005.
Sec. 51.156. CONTRACT WITH THE UNITED STATES. (a) The board of
a district organized under the provisions of Article XVI, Section
59, of the Texas Constitution to irrigate arid land may contract
with the United States for the investigation, construction,
extension, operation, and maintenance of any federal reclamation
project of benefit to the district and authorized under the
National Reclamation Act of 1902, as amended.
(b) The board may contract to secure a district water supply
from the federal reclamation project and to pay to the United
States the agreed cost of it in the form of construction charges,
operation and maintenance charges, and water rental charges, as
shown by the contract and in accordance with the terms and
conditions of the national reclamation law.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.157. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE
UNITED STATES. The construction charges under a contract with
the United States may include the cost of drainage and
flood-control works necessary to control floods or to maintain
the irrigability of district land, and the cost of incidental
electric power and municipal water service which the water supply
of the reclamation project makes feasible.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.158. ELECTION TO APPROVE A CONTRACT WITH THE UNITED
STATES. (a) The electors of the district shall vote to approve
every contract involving the payment of construction charges to
the United States. The provisions of this chapter relating to the
election to approve the validation of district bonds shall be
followed, including the prosecution of an action in court to
determine the validity of the contract.
(b) The notice of election shall state the maximum amount,
exclusive of operation and maintenance charges, water rental
charges, interest, and penalties, payable by the district to the
United States under the contract.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "The contract with the United States and
levy of taxes to make payments under the contract." This is the
only proposition which may appear on the ballot.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.159. CONVEYING PROPERTY TO THE UNITED STATES. A
district may convey any property to the United States necessary
for the construction, operation, or maintenance of federal
reclamation works used or to be used for the benefit of the
district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.160. ENGINEERING DATA UNNECESSARY. If a district
contracts with the United States under the provisions of Section
51.155 of this code for use by the district of federal
reclamation works, the district need not prepare or file any
engineering data for the construction of the works.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.161. CONSENT OF UNITED STATES TO ALTER DISTRICT'S
BOUNDARIES. Until all money has been paid by the district which
is due to the United States under a contract relating to a
federal reclamation project, the United States must consent to
any change in the boundaries of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 51.162. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE
UNITED STATES. (a) A district which enters into a contract with
the United States shall levy annually sufficient taxes to provide
payment of all installments required by the contract.
(b) The board may apportion benefits and levy and collect taxes
on the benefit basis instead of the ad valorem basis with the
approval of the district electors.
(c) The board may pay construction charges when provided by
contract on the basis of the average gross annual acre income of
the land of the district or designated divisions or s