CHAPTER 55. WATER IMPROVEMENT DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 55. WATER IMPROVEMENT DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 55.001. DEFINITIONS. In this chapter:
(1) "District" means a water improvement district created under
this chapter.
(2) "Board" means the board of directors of a water improvement
district.
(3) "Commission" means the Texas Natural Resource Conservation
Commission.
(4) "Executive director" means the executive director of the
Texas Natural Resource Conservation Commission.
Acts 1971, 62nd Leg., p. 428, 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 1985, 69th Leg., ch. 795, Sec. 1.144, eff.
Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.078,
eff. Aug. 12, 1991.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION TO ARTICLE XVI,
SECTION 59, DISTRICT
Sec. 55.021. CREATION OF DISTRICT. A water improvement district
may be created in the manner prescribed by this subchapter,
either under and subject to the limitations of Article III,
Section 52, of the Texas Constitution, or under Article XVI,
Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.022. DISTRICT WHOLLY WITHIN ONE COUNTY. The
commissioners court of a county, at any regular or called
session, may create one or more water improvement districts in
the county as provided by this subchapter.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.023. DISTRICT MAY INCLUDE CITIES, TOWNS, ETC. A
district may include all or part of one or more cities, towns,
villages, and municipal corporations, but no land may be included
in more than one district at any one time.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.024. PETITION. (a) A petition requesting creation of a
district may be presented to the commissioners court. The
petition must be signed by a majority of the persons who hold
title to land in the proposed district, representing a total
value of more than 50 percent of the value of all the land in the
proposed district as indicated by the county tax rolls. However,
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. The petition must set out the boundaries of the district
and designate a name for the district.
(b) The petition may be signed and presented to the
commissioners court in several copies. In this case the county
clerk shall make a certified copy of the petition, including a
list of the names of all signers, and shall file the certified
copy and the original copies. The certified copy of the petition
shall be considered the petition in all proceedings under this
chapter.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.025. DATE SET FOR HEARING. The commissioners court
shall set a date for a hearing on the petition, to be held at a
regular or special session not less than 15 days nor more than 40
days after the day the petition is presented.
Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.026. NOTICE OF HEARING. (a) The county clerk shall
issue a notice of the hearing directed to the sheriff giving the
date and place of the hearing, and a copy of the order of the
court setting the hearing. The sheriff shall serve the notice in
the manner provided by law.
(b) The sheriff shall post copies of the notice in three public
places in the proposed district, and shall post one copy at the
courthouse door or on the bulletin board used for public notices.
These notices shall be posted for 10 full days before the date of
the hearing. The notice shall also be published once in a
newspaper of general circulation in the county, if a newspaper is
published in the county, at least five days before the date of
the hearing. The sheriff shall make return of a true copy of the
notice, showing the times and places of posting and publication.
The county clerk shall record the return in the minutes of the
court.
(c) Any person interested may inspect the boundaries of the
district as set out in the petition, and any person may inspect
the petition in the office of the county clerk.
Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.027. HEARING. (a) At the hearing, any person whose
land is included in and would be affected by the district may
support or oppose creation of the district and may offer
testimony to show that the district is or is not necessary, would
or would not be of public utility, or would or would not be
feasible or practicable.
(b) Except as otherwise provided by this chapter, the
commissioners court has exclusive jurisdiction to hear and
determine all contests and objections to creation of the district
and all other matters pertaining to creation of the district.
(c) The commissioners court may adjourn the hearing from day to
day.
(d) The judgment rendered by the commissioners court is final,
except as otherwise provided by this chapter.
Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.028. FINDINGS; ORDER. The commissioners court shall
make and enter its findings in the record. If it finds that
creation of the district and the construction or purchase of the
proposed irrigation system, or cooperation with the United States
as provided by Section 55.161 of this code, is feasible,
practicable, and necessary, and would be a public benefit and a
benefit to the land included in the district, then the court
shall make and enter an order granting the petition and directing
that an election be held in the proposed district. Otherwise, the
court shall dismiss the petition at the cost of the petitioners.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.029. APPEAL. (a) Any petitioner or any landowner in
the district aggrieved by the order of the commissioners court
may appeal the order to the district court. Notice of appeal must
be filed with the commissioners court at the time of the hearing,
and an appeal bond must be filed with the county clerk within 10
days after the day notice of appeal is given. At the time notice
of appeal is given, the commissioners court shall fix the amount
of the appeal bond at not less than $2,000 nor more than $5,000;
and the bond shall be made payable to the county judge for the
benefit of adverse parties.
(b) Except as otherwise provided by this section, the appeal
shall be tried de novo under the rules prescribed for practice in
the district court and shall be de novo.
(c) The county clerk shall transfer to the district clerk the
judgment and all records filed in the commissioners court within
10 days after the day the appeal bond is filed, and no other
pleadings need be filed.
(d) The final judgment on appeal shall be certified to the
commissioners court for its action within 10 days after the day
the judgment becomes final.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.031. VOTING PRECINCTS. (a) The commissioners court, at
the time it orders the election, shall order creation of one or
more election precincts in the district and shall designate
polling places in each precinct.
(b) The election precincts created under this section shall
remain the election precincts of the district until changed by an
order of its board.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.032. ELECTION OFFICIALS. The commissioners court shall
appoint two judges and two clerks for each polling place, and
designate one of the judges to be presiding judge. If an officer
fails to serve, his place shall be filled in the manner provided
by the general election law.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.037. DIRECTORS. The commissioners court shall declare
the five persons receiving the most votes to be elected
directors. If not all five positions can be determined because of
a tie vote, the commissioners court shall fill the necessary
positions by selecting among the tying candidates.
Acts 1971, 62nd Leg., p. 431, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.038. ISSUANCE OF NOTES. (a) If the proposition to
issue notes carries, the board of directors shall issue notes of
the district, in an amount not to exceed four percent of the cost
of the proposed improvements, for the purpose of creating a fund
to pay the cost of organizing the district and the cost of all
surveys, investigations, engineering, issuance of bonds, making
and filing of maps and reports, legal expenses, and all other
costs and expenses authorized or made necessary by the provisions
of this chapter. The board shall sell the notes or exchange them
in payment of the costs and expenses.
(b) The notes shall be secured by the levy, assessment, and
collection of taxes as provided for payment of bonds. The notes
shall be paid out of the proceeds of the district's bonds when
they are issued and sold. If the bond election fails to carry,
then the notes shall be paid out of the tax revenue.
Acts 1971, 62nd Leg., p. 431, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.039. RECORDATION OF ORDER. (a) After the commissioners
court makes and enters in its minutes the order creating the
district or an order changing the name of a district, the court
shall file a certified copy of the order accompanied by a plat
defining the district boundaries with the county clerk.
(b) The county clerk shall have the certified copy of the order
and the plat recorded and indexed in the deed records of the
county.
(c) Recordation of the order and plat has the same effect, as to
notice, as the recordation of a deed.
(d) The district shall pay the cost of making and recording the
certified copy of the order and the plat.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1991, 72nd Leg., ch. 187, Sec. 5, eff. Sept. 1,
1991.
Sec. 55.040. MULTI-COUNTY DISTRICT: PETITION. Creation of a
district composed of land in two or more counties may be
initiated by presenting a petition to the commission signed by
the owners of more than half the land in the proposed district or
by 50 qualified property taxpaying electors of the territory of
the proposed district. The petition shall describe the boundaries
of the proposed district and request an order on the advisability
of creating the district and an order for an election.
Acts 1971, 62nd Leg., p. 432, 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 1997, 75th Leg., ch. 1070, Sec. 34, eff.
Sept. 1, 1997.
Sec. 55.042. MULTI-COUNTY DISTRICT: HEARING. If the commission
determines that a hearing is necessary under Section 49.011, the
commission shall conduct a hearing and any person whose land
would be affected by creation of the district may appear and
support or oppose creation of the proposed district, and may
offer competent testimony to show that the district would or
would not serve a beneficial purpose, be practicable, or
accomplish the purposes intended.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 35, eff. Sept. 1,
1997.
Sec. 55.043. MULTI-COUNTY DISTRICT: FINDINGS. (a) If the
commission finds that the plan of water conservation, irrigation,
and use presented in the petition is practicable and would be a
public utility, the commission shall enter the findings in its
records and shall send a certified copy of the findings to the
commissioners court in each county in which part of the proposed
district is located. The commission shall also inform each
commissioners court of a date set by the commission on which an
election shall be held in the area of the proposed district to
determine whether the district will be created and to elect five
directors for the district.
(b) If the commission finds that creation of the district is not
practicable, that it would not serve a beneficial purpose, and
that it would not be possible to accomplish through its creation
the purposes proposed, the commission shall enter its findings in
its records and shall dismiss the petition.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.044. MULTI-COUNTY DISTRICT: NOTICE OF ELECTION. On
receiving a certified copy of the findings of the commission
authorizing the election, the commissioners court of each county
shall have notices of the election posted, in the manner provided
for an election to create a single-county district, for not less
than 15 nor more than 30 days before the date of the election.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.045. MULTI-COUNTY DISTRICT: RULES GOVERNING ELECTION.
Except as provided by the succeeding sections, the election shall
be held, the returns made and canvassed, and the results
declared, as provided in the case of a single-county district.
Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.046. MULTI-COUNTY DISTRICT: ELECTION RETURNS, CANVASS,
RESULT. (a) The commission shall designate the county judge of
one of the counties in the proposed district to act as a
canvassing board to receive and canvass the votes cast and to
declare the result of the election.
(b) In each county, the officers appointed by the commissioners
court to hold the election shall return the results to the
commissioners court and shall return all ballot boxes to the
county clerk.
(c) On receiving the returns of the election, the commissioners
court shall canvass the returns and certify the result of the
election in the county to the county judge appointed to act as
canvassing board.
(d) When the county judge receives the returns from all the
counties, he shall canvass the returns and certify the result of
the election to the commissioners court of each county, which
shall enter the result of the election in its permanent records.
(e) If the proposition to create the district is carried, the
county judge acting as the canvassing board shall make and
transmit to each commissioners court an appropriate order
declaring that the district is created and describing it
boundaries. He shall also issue certificates of election to the
persons elected as directors, who shall proceed with the
organization of the district as otherwise provided by this
chapter.
Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.047. EXCLUSION OF CITY, UNINCORPORATED AREA, OR COUNTY
VOTING AGAINST DISTRICT. (a) As used in this section:
(1) "city" includes town or other municipal corporation; and
(2) "unincorporated area" means an area not included within the
boundaries of a city.
(b) Each city included within the boundaries of the proposed
district shall be treated as a separate voting unit, and the
votes cast in the city shall be counted and canvassed to show the
result of the election in the city. No city shall be included in
the district unless the majority of the votes cast in the city
favor creation of the district.
(c) If the proposed district includes both incorporated and
unincorporated areas in a county, the unincorporated area shall
not be included in the district unless the majority of the votes
cast in the unincorporated area favor creation of the district.
(d) No district, the major portion of which is in one county,
shall be organized to include land in another county unless the
majority of the votes cast in the other county favor creation of
the district.
(e) If any portion of a proposed district, under the provisions
of this section, votes against creation of the district, and the
remaining area of the proposed district votes for the district,
then the proposition shall be adopted and the district confirmed
except as to the territory voting against the district.
(f) All property in the territory of the district as originally
proposed is subject to taxation for the payment of all debts and
obligations, including organization expenses, incurred while part
of the district.
(g) If at least 10 percent of the qualified electors of the area
remaining in the district file a petition with the board of
directors requesting a new election on creation of the district,
then a new election shall be ordered and held for the remaining
area, or the district organization may be dissolved by order of
the board of directors and a new district formed.
Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.048. NAME OF DISTRICT. (a) The name of a district
wholly within one county shall include the name of the county and
a number. Districts wholly within one county shall be numbered
consecutively as created, and no two districts may have the same
number.
(b) The name of a district with territory in two or more
counties may include the names of those counties, or the district
may adopt any appropriate name. The name may include a number,
but the number may not be the same as the number of a district in
any of the counties. The number of a district created in any
county may not be the same as the number of a district with
territory in that county and other counties.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.049. SURVEY OF DISTRICT BOUNDARIES. Immediately after
the directors are qualified, the board shall order a survey of
the boundaries of the district to be made according to the
boundaries designated in the petition for creation of the
district, or the board shall adopt, in whole or in part, the
boundaries already established, and order the boundaries marked
by suitable monuments.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.050. CHAPTER APPLICABLE TO IRRIGATION DISTRICTS.
Irrigation districts created under the laws of 1905, 1913, and
1915 (Chapter 50, Acts of the 29th Legislature, 1905; Chapter
172, Acts of the 33rd Legislature, 1913; and Chapter 138, Acts of
the 34th Legislature, 1915), are governed by the provisions of
this chapter.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.051. CHANGE OF DISTRICT NAME. (a) An irrigation
district created under the law of 1905, 1913, or 1915 (Chapter
50, Acts of the 29th Legislature, 1905; Chapter 172, Acts of the
33rd Legislature, 1913; and Chapter 138, Acts of the 34th
Legislature, 1915), may change the name of the district to the
name provided in this chapter by filing a declaration to change
the name with the commissioners court of the county in which the
district is located.
(b) The declaration to change the district's name shall be in
the form of a deed of conveyance and shall be acknowledged by the
president and secretary of the board. It shall include a copy of
the minutes of the board and the resolution adopted to change the
name.
(c) After the declaration is recorded, the name of the district
shall be changed.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.053. CONVERSION OF ARTICLE III, SECTION 52 DISTRICT TO
ARTICLE XVI, SECTION 59 DISTRICT. (a) A water improvement
district created subject to the limitations of Article III,
Section 52, of the Texas Constitution, may be converted into a
water improvement district operating under the authority of
Article XVI, Section 59, of the Texas Constitution, as provided
by this section.
(b) On the petition of 20 percent of the owners of land in the
district, the board of directors shall order an election to
determine whether the district shall be converted to a district
operating under Article XVI, Section 59, of the Texas
Constitution. The election shall be conducted under the rules
applicable to general elections in the district. The ballots
shall be printed to provide for voting for or against:
"Conservation and Reclamation."
(c) The board shall canvass the returns, make an order declaring
the result of the election, and have the order recorded in the
deed records of the county or counties in which the district is
located. If the result of the election is affirmative, the
district begins operating under Article XVI, Section 59, of the
Texas Constitution, without change of name or impairment of its
obligations, when the order is recorded.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 55.101. BOARD OF DIRECTORS. The governing body of a
district is a board of five directors.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1995, 74th Leg., ch. 715, Sec. 24, eff. Sept. 1,
1995.
Sec. 55.102. QUALIFICATIONS OF DIRECTORS. 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 at the time of the election. 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. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1995, 74th Leg., ch. 715, Sec. 25, eff. Sept. 1,
1995.
Sec. 55.103. APPLICATION TO GET ON BALLOT. (a) A person
qualified to serve as a director may file an application with the
secretary to have the applicant's name printed on the election
ballots. 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.
(b) Only persons for whom applications are filed under this
section may have their names printed on the ballots. However,
nothing in this section prevents write-in votes.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1989, 71st Leg., ch. 1009, Sec. 3, eff. Sept. 1,
1989.
Sec. 55.107. OPTIONAL CONVERSION TO STAGGERED TERMS. (a) The
board, by resolution adopted before December 1 of any year on the
vote of at least four directors, may adopt the system of
staggered two-year terms of office as provided by this section.
(b) On the first available election date as provided by Article
2.01b of Vernon's Texas Election Code in the first even-numbered
year immediately succeeding adoption of the resolution, five
directors shall be elected. Of the five elected, the two
receiving the fewest votes shall serve for two years and the
other three shall serve for four years. However, if the vote is
such that two of them do not receive fewer votes than the other
three, then the directors shall determine by lot which two will
serve two years and which three will serve four years.
(c) After the election provided for in Subsection (b) of this
section, on the same date in each following even-numbered year
there shall be an election to elect successors for the directors
whose terms expire, to hold office for terms of four years.
Acts 1971, 62nd Leg., p. 436, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 981, ch. 367, Sec. 25, eff.
June 10, 1981; Acts 1983, 68th Leg., p. 5215, ch. 951, Sec. 8,
eff. Jan. 1, 1984.
Sec. 55.108. APPOINTMENT OF DIRECTORS IN CERTAIN DISTRICTS. (a)
If the petition to create a district proposes a district which
would contain no more than 12,000 acres of land, and if at least
60 percent of the land is owned by persons who do not reside in
the district, the petition may request that the directors be
appointed by the commissioners court. If so, the directors shall
be appointed instead of elected. The commissioners court shall
appoint the directors at the time otherwise fixed for electing
directors, or if the court is not in session at that time, it
shall appoint the directors as soon as possible.
(b) The owners of land in the district may file petitions with
the commissioners court expressing their choice of persons to be
selected as directors. If the owners of at least 60 percent of
the land agree on the persons to be appointed, the commissioners
court shall appoint those persons. Otherwise, the court shall
appoint suitable, qualified persons as directors.
Acts 1971, 62nd Leg., p. 436, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.110. ADDITIONAL BONDS. (a) If a district is appointed
fiscal agent of the United States or is authorized to collect
money for and in behalf of the United States in connection with
any federal reclamation project, the assessor and collector and
each director shall execute an additional bond in an amount set
by the secretary of the interior, conditioned on the faithful
performance of the duties of his office and the faithful
performance by the district of its duties as fiscal or other
agent of the United States.
(b) The additional bonds shall be approved, recorded, and filed
as provided for other official bonds. The additional bonds may be
sued on by the United States or by any person injured by failure
of the officer or the district to perform fully, promptly, and
completely the required duties.
Acts 1971, 62nd Leg., p. 437, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 55.161. PURPOSES OF DISTRICT. (a) A water improvement
district may provide for irrigation of the land within its
boundaries.
(b) A district operating under Article XVI, Section 59, of the
Texas Constitution, may furnish water for domestic, power, and
commercial purposes.
(c) A district may be formed to cooperate with the United States
under the federal reclamation laws for the purpose of:
(1) construction of irrigation and drainage facilities necessary
to maintain the irrigability of the land;
(2) purchase, extension, operation, or maintenance of
constructed facilities; or
(3) assumption, as principal or guarantor, of indebtedness to
the United States on account of district lands.
Acts 1971, 62nd Leg., p. 440, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.163. IMPROVEMENTS: PURCHASE OR CONSTRUCTION. A district
may purchase or construct improvements and facilities necessary
for irrigation of land in the district, and if operating under
Article XVI, Section 59, of the Texas Constitution, improvements
and facilities necessary to supply, deliver, and sell water for
domestic, power, and commercial purposes.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.165. DRAINAGE DITCHES: LEVEES. The board may include in
the plans of the district the necessary drainage ditches, or
other facilities for drainage, and levees for the protection of
land in the district. The district may purchase all or part of
any system belonging to a drainage district. However, the
purchase contract shall provide for paying or assuming the debts
of the drainage district, and the amount of the debts paid or
assumed shall be considered in determining the bond-issuing
capacity of the district.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.166. 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. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.167. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER
RAILROAD TRACKS AND ROADWAYS. (a) The district, at its own
expense, may build necessary bridges and culverts across or under
any railroad tracks or roadways to enable the district to
construct and maintain any canal, lateral, or ditch which is a
necessary part of its improvements.
(b) Before the district proceeds to build bridges and culverts,
the board shall deliver to the legal agent, division
superintendent, or roadmaster written notice. The railroad
company shall have 30 days in which to build the bridges and
culverts at its own expense and according to its own plans.
(c) The bridges and culverts shall be placed at points
designated by the board or the district engineer and shall be
constructed so that they will not interfere with the free and
unobstructed flow of water passing through the canal or ditch.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.185. CONTRACT WITH THE UNITED STATES. The board may
enter into a contract or other obligation with the United States
for the following purposes:
(1) to construct, operate, and maintain necessary facilities to
deliver and distribute water;
(2) to drain district land;
(3) to assume debt for district land;
(4) to rent temporarily United States water for use on district
land under the federal reclamation laws; or
(5) to furnish a water supply to the district under any act of
Congress which authorizes it.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.186. PAYMENTS MADE BY A DISTRICT UNDER A CONTRACT WITH
THE UNITED STATES. (a) If a district enters into a contract
with the United States, the district may deposit with the United
States district bonds at 90 percent of par value to pay the
amount owed by the district under the contract. The district
shall pay interest on the bonds in the same manner that other
bonds of the district are paid. Interest shall be paid regularly
to the United States and applied in the manner provided in the
contract.
(b) If bonds are not deposited as provided in Subsection (a) of
this section, the board shall include in any levy or assessment
made by the district an amount sufficient to make annual payments
under the terms of the contract.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.187. DISTRICT AS FISCAL AGENT FOR UNITED STATES. The
board may accept on behalf of the district appointment as the
fiscal agent for the United States on any federal reclamation
project. As fiscal agent, the district may assume the duties and
perform the acts incident to this capacity and shall do anything
required by federal statutes and rules and regulations
established by any department of the federal government.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.188. CONVEYING PROPERTY TO THE UNITED STATES. If the
district enters into a contract with the United States, the board
may convey to the United States any property which is necessary
for constructing, operating, and maintaining improvements for the
benefit of the district.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.192. ACQUIRING WATER RIGHTS. Any district may acquire
water rights in the manner provided by law.
Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.193. SELLING WATER RIGHTS. (a) Any district which has
a permit issued by the commission to construct a reservoir and to
appropriate water from a stream or watershed for irrigation or
other purposes may convey to another district an interest in the
reservoir or water rights.
(b) The conveyance shall be recorded in the office of the county
clerk of the county in which the property is located and in the
office of the executive director.
(c) The conveyance, when filed, shall convey all rights in the
interest conveyed which were held under the permit by the
district conveying the interest.
(d) After the conveyance is filed in the office of the executive
director, the rights conveyed vest in the district to which the
conveyance was made as if the rights were granted directly by the
commission.
Acts 1971, 62nd Leg., p. 446, 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. 55.194. TRANSFER OF WATER RIGHT. If there is land in a
district which has a water right from a source of supply acquired
by the district but the land is difficult or impracticable to
irrigate from that source of supply, the district may allow
transfer of the water right to other land which is adjacent to
the district. The adjacent land may be admitted to the district
with the same right of water service as other land already in the
district.
Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.195. SUPPLYING WATER TO CITIES OUTSIDE THE DISTRICT.
When a district acquires an established irrigation system which
supplies water to landowners in a city, town, or village which is
not included in the district, the district shall continue to
supply water to the landowners at a reasonable annual rate.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.196. SELLING WATERPOWER PRIVILEGES. The district may
enter into a contract to sell waterpower privileges if power can
be generated from water flowing from the district's reservoirs
and irrigation system. The sale of waterpower privileges may not
interfere with the district's obligation to furnish an adequate
supply of water for irrigation and for municipal purposes in
districts which furnish water for municipal purposes.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.197. SELLING SURPLUS WATER. The district may sell to
any person who owns or uses land in the vicinity of the district
any surplus district water for use in irrigation or for domestic
or commercial uses.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.198. PUMPING AND DELIVERING WATER TO LAND NEAR DISTRICT.
The district may enter into a contract with a person who owns or
uses land in the vicinity of the district and who has a permit
from the commission to appropriate water for use in irrigation or
for domestic or commercial uses to pump or deliver the water to
the person's land.
Acts 1971, 62nd Leg., p. 447, 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. 55.200. SALE OF LAND ACQUIRED BY A DISTRICT FOR OTHER THAN
DISTRICT PURPOSES. The district may sell to the highest bidder
at a public sale any land acquired by the district through
foreclosure of liens for maintenance and operation assessments or
acquired by the district for any purpose other than carrying out
its plans. The board may use proceeds from the sale for making
improvements in the district, for maintenance and operation of
the district's system, or for carrying on district business.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.201. USE OF EXCESS DISTRICT MONEY. After all district
improvements are completed and all expenses are paid, the board
may use any remaining money to preserve, maintain, and repair
district improvements.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.202. BOARD'S SEMIANNUAL REPORT. On the first day of
January and July of each year, the board shall make and verify a
report which shows in detail the kind, character, and amount of
improvements constructed in the district, the cost of the
improvements, the amount of each warrant paid, the person to whom
each warrant was paid, the purpose for which each warrant was
paid, and other data necessary to show the condition of
improvements made. The report shall be filed with the county
clerk in the county or counties in which the district is located
and made available for public inspection.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.204. WAIVER OF DISTRICT TORT IMMUNITY. If the board
finds that it is in the best interest of the district and that it
is necessary to enable the district to enter into a contract to
employ Mexican laborers, it may enter into a written contract to
waive in advance the district's immunity from liability in
damages for personal injuries and sickness which is proximately
caused by torts of the district or negligence of agents or
employees of the district and which is suffered by Mexican
laborers employed by the district under the terms of the Migrant
Labor Agreement of 1951 between the United States and Mexico or
any subsequent agreement of a similar nature.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER E. REGULATORY POWERS
Sec. 55.241. PURPOSE. The powers granted to the district and
its board under this subchapter are for the purpose of helping
the district to maintain the purity of district water, to protect
the preservation and use of the water, to protect the lives of
persons who desire to go on, over, or across the water, and to
insure the safety of persons using the water.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.242. RULES AND REGULATIONS. The board may make and
adopt reasonable rules and regulations which are necessary
(1) to preserve the sanitary condition of water controlled by
the district;
(2) to prevent waste or unauthorized use of water; and
(3) to regulate residence, boating, camping, and recreational
and business privileges on any land or water owned or controlled
by the district.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.243. NOTICE OF RULES AND REGULATIONS. (a) Before a
rule or regulation providing for a penalty may be effective, the
district must publish a substantial statement of the rule or
regulation and the penalty in one or more newspapers with general
circulation in the district once a week for two consecutive
weeks.
(b) The published statement shall be as condensed as possible so
that the object to be accomplished or the act which is forbidden
by the rule or regulation can be easily understood.
(c) The publication of notice may include notice of any number
of rules and regulations.
(d) The notice shall include a statement that the violation of a
rule or regulation will subject the person who violates it to a
penalty and that a complete copy of the rule or regulation is on
file in the principal office of the district and may be
inspected.
(e) A rule or regulation shall be effective five days after the
second publication of the notice, and ignorance of the rule or
regulation does not constitute a defense to prosecution for
enforcement of the penalty.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.244. JUDICIAL NOTICE OF RULES AND REGULATIONS. The
courts shall take judicial notice of rules and regulations made
and adopted under this subchapter. The rules and regulations
shall be considered to be similar in nature to valid penal
ordinances of a city.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.245. CONTRACTS FOR TOLL BRIDGES AND FERRY SERVICES. (a)
The board has the exclusive right to enter into a contract with
any responsible person to construct and operate toll bridges over
water regulated by the district or to provide ferry service or
other means of passenger transportation on water regulated by the
district.
(b) A contract for construction and operation of a toll bridge
may not extend for a period of more than 20 years and a contract
providing for ferry service or other types of transportation may
not extend for a period of more than 10 years.
(c) The contract may provide for forfeiture of the franchise or
rights granted for failure of the licensee or other contracting
party to render adequate and safe public service.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.246. BOND. The board shall require any person with whom
it enters into a contract under Section 55.245 of this code to
execute an adequate bond in an amount not to exceed $1,000,
payable to the district and conditioned as the board requires.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.247. LICENSE, FRANCHISE, AND FEE. (a) Before a person
may keep or operate for hire on district water a ferry or other
type of transportation, the person must obtain a license or
franchise from the board.
(b) The board may fix the fee to be charged for the license or
franchise in an amount not to exceed $250 a year, and shall fix
the fee according to the type of boat used.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.248. CHARGES FOR USE OF TOLL BRIDGE FACILITIES AND FERRY
SERVICE. The board may fix a reasonable amount of compensation
to be charged by the owner or operator of a toll bridge or a
ferry service or other type of transportation service for use of
the facilities.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.249. REGULATING BOATS. (a) The district may prescribe
the type of boats to be used on district water to carry persons
for hire and for recreational purposes and may require the owner
of a boat to submit the boat at a reasonable time to inspection
to determine if the boat is serviceable.
(b) In an effort to protect the lives of the occupants of boats
and persons using district water, the district may prescribe
reasonable requirements for the use and manner in which they are
used.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.250. RESPONSIBILITIES OF BOAT OWNERS AND OPERATORS. (a)
The owner or operator of a boat used as a ferry or other type of
transportation shall keep the boat and boat landings in good and
safe condition.
(b) The district is not liable for any negligent act or failure
of duty on the part of the owner or operator of the boat.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.251. PEACE OFFICERS. The district may employ and
constitute its own peace officers. The peace officers may make
arrests when necessary to prevent or abate the commission of an
offense against the regulations of the district or state laws if
the offense occurs or is about to occur on land or water owned or
controlled by the district. Arrests also may be made any place
where an offense is being committed which involves injury or
detriment to any property owned or controlled by the district.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.253. INJUNCTION. In addition to the penalties provided
by this subchapter, the district may seek an injunction in a
court of competent jurisdiction in the county in which district
water is located to enforce the provisions of this subchapter and
rules and regulations of the district.
Acts 1971, 62nd Leg., p. 451, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER G. DISTRICT SURVEY
Sec. 55.332. DUTIES OF THE ENGINEER. The engineer shall make a
complete survey of the land included in the district and make a
map and profile of the canals, laterals, reservoirs, dams, and
pumping sites located in the district and extending beyond the
limits of the district.
Acts 1971, 62nd Leg., p. 453, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.333. MAPS. (a) The map shall show the name and number
of each survey and the area in the district in number of acres.
(b) The map shall show the relation that each canal and lateral
bears to each tract of land through which it passes and the
shapes into which it divides each tract. If the canal or lateral
cuts off any less than 20 acres from any tract, the map shall
show the number of acres in the whole tract and the shape of the
small tract and its relationship to the canal or lateral.
(c) The map shall show how much and what part of each tract can
be irrigated by the canal or lateral.
(d) The profile map shall also show in detail the number of
cubic yards which need to be excavated or moved to make the
reservoir, canal, or lateral, and the specifications for other
works necessary to the construction of improvements proposed for
the district, and the estimated cost of each.
Acts 1971, 62nd Leg., p. 453, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.334. ADOPTING OLD SURVEYS. (a) The engineer may adopt
any surveys made in the past by any person who has applied for or
appropriated any water for irrigation under state law.
(b) The engineer also may adopt any surveys for canals,
laterals, reservoirs, dams, or pumping sites shown on these maps
or plats or may adopt other maps, plats, and surveys which he is
satisfied are correct.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.335. ADDITIONAL IMPROVEMENTS. If additional
improvements of canals, ditches, laterals, reservoirs, or pumping
plants are to be constructed, the report shall contain the
detailed information with reference to these additional
improvements.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.336. EXISTING IMPROVEMENTS. If the district contains
any pumping plants, canals, dams, ditches, or reservoirs which
the district is planning to acquire or purchase, the map or plat
and the estimates required in this subchapter shall show these
improvements and the price or probable price at which they may be
acquired or purchased.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.337. SIGNING AND FILING ENGINEER'S REPORT, MAP, AND
PROFILE. After the map, profile, specifications, and estimates
are completed, the engineer shall sign them and file them with
the secretary of the board.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.338. MAPS AND DATA UNNECESSARY UNDER CONTRACT WITH
UNITED STATES. None of the maps and data prescribed by this
subchapter are required under a contract with the United States
except for maps and data needed to make assessments and levies.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER H. WATER ASSESSMENTS
Sec. 55.351. STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT
OF CHARGE. Each person desiring to receive water at any time
during the year shall furnish the secretary of the board a
written statement of the acreage he intends to irrigate and the
different crops he intends to plant with the acreage of each
crop. At the time the acreage estimate is furnished to the
secretary, each person applying for water shall pay the portion
of the water charge or assessment set by the board for immediate
payment. If any person applying for water from the district does
not furnish the statement of estimated acreage or does not pay
the part of the water charge or assessment set by the board
before the date for fixing the assessment, the district is not
obligated to furnish water to that person during that year.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.352. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
EXPENSES. The board, on or as soon as practicable after a date
fixed by standing order of the board, shall estimate the expenses
of maintaining and operating the irrigation system for the next
12 months. The board may change the 12-month period for which it
estimates the expenses of maintaining and operating the
irrigation system by estimating such expenses for a shorter
period so as to adjust to a new fixed date and thereafter
estimating the expenses for 12-month periods following the
adjusted fixed date.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1,
1997.
Sec. 55.353. METHODS FOR DETERMINING MAINTENANCE AND OPERATING
EXPENSES. The board may make assessments for maintenance and
operating expenses as provided in this subchapter on the basis of
the quantity of water used.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.354. DISTRIBUTION OF ASSESSMENT. (a) Not less than
one-third nor more than two-thirds of the estimated maintenance
and operating expenses shall be paid by assessment against all
land in the district to which the district can furnish water
through its irrigation system or through an extension of its
irrigation system. The assessments shall be levied against all
irrigable land in the district on a per acre basis, whether or
not the land is actually irrigated. The board shall determine
from year to year the proportionate amount of the expenses which
will be borne by water users under this subsection.
(b) The remainder of the estimated expenses shall be paid by
assessments against persons in the district who use or who make
application to use water. The board shall prorate the remainder
as equitably as possible among the applicants for water and may
consider the acreage each applicant will plant, the crop he will
grow, and the amount of water per acre he will use. All persons
using water to plant the same crop will pay the same price per
acre for the water.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.355. NOTICE OF ASSESSMENTS. (a) Public notice of all
assessments shall be given by posting printed notices of the
assessment in at least three public places in the district.
(b) Printed notices shall be mailed to each landowner at the
address which the landowner shall furnish to the board.
(c) The notice shall be posted in a public place and mailed to
the landowner five days before the assessment is due, and notice
of special assessments shall be given within 10 days after the
assessment is levied.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.356. PAYMENT OF ASSESSMENTS. All assessments shall be
paid in installments at the times fixed by the board. If a crop
for which water was furnished by the district is harvested before
the due date of any installment payment, the entire unpaid
assessment becomes due at once and shall be paid within 10 days
after the crop is harvested and before the crop is removed from
the county or counties in which it was grown.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.357. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND
COLLECTOR. (a) Under the direction of the board, the assessor
and collector of taxes, or other person designated by the board,
shall collect all assessments for maintenance and operating
expenses made under the provisions of this subchapter.
(b) The assessor and collector of taxes shall give bond in an
amount determined by the board, conditioned upon the faithful
performance of his duties and accounting for all money collected.
(c) The assessor and collector of taxes shall keep an account of
all money collected and shall deposit the money as collected in
the district depository. He shall file with the secretary of the
board a statement of all money collected once each week. He shall
use duplicate receipt books, give a receipt for each collection
made, and retain in the book a copy of each receipt, which shall
be kept as a record of the district.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.358. CONTRACTS WITH PERSON USING WATER. (a) The board
may require each person who desires to use water during the year
to enter into a contract with the district which states the
acreage to be watered, the crops to be planted, the amount to be
paid for the water, and the terms of payment.
(b) The contract is not a waiver of the lien given to the
district under Section 55.359 of this code against the crops of a
person using water for the service furnished to him.
(c) If a person irrigates more land than his contract specifies,
he shall pay for the additional service under the provisions of
this subchapter.
(d) The directors also may require a person using water to
execute a negotiable note or notes for all or part of the amount
owed under the contract.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.359. LIEN AGAINST CROPS. (a) The district shall have a
first lien, superior to all other liens, against all crops grown
on each tract of land in the district to secure the payment of
the assessments, interest, and collection or attorney's fees.
(b) When the district obtains a water supply under contract with
the United States, the board may, by resolution entered in their
minutes and with the consent of the secretary of the interior,
waive the lien in whole or in part.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.360. LIST OF DELINQUENT ASSESSMENTS. Assessments not
paid when due shall become delinquent on the first day of the
month following the date payment is due, and the board shall post
in a public place in the district a list of all persons who are
delinquent in paying their assessments and shall keep posted a
correct list of all delinquent assessments. If persons who owe
assessments have executed notes and contracts as provided in
Section 55.358 of this code, they shall not be placed on the
delinquent list until after the maturity of the notes and
contracts.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1,
1997.
Sec. 55.361. WATER SERVICE DISCONTINUED. If a landowner shall
fail or refuse to pay any water assessment when due, his water
supply shall be cut off, and no water shall be furnished to the
land until all back assessments are fully paid. The
discontinuance of water service is binding on all persons who own
or acquire any interest in land for which assessments are due.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.362. SUITS FOR DELINQUENT ASSESSMENTS. Suits for
delinquent water assessments may be brought either in the county
in which the irrigation district is located or in the county in
which the defendant resides. All landowners are personally liable
for all assessments provided in this subchapter.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.363. INTEREST AND COLLECTION FEES. (a) All assessments
shall bear interest from the date payment is due at the rate of
15 percent a year. Assessments not paid by the first day of the
month following the date payment is due shall become delinquent,
and a penalty of up to 15 percent of the amount of the past-due
assessment shall be added to the amount due.
(b) If suit is filed to foreclose a lien on crops or if a
delinquent assessment is collected by an attorney before or after
suit, an additional amount of 15 percent on the unpaid
assessment, penalty, and interest shall be added as collection or
attorney's fees.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1,
1997.
Sec. 55.364. RIGHTS OF THE UNITED STATES. If the board enters
into a contract with the United States, the remedies in this
subchapter available to the district also shall apply to enforce
payment of charges due to the United States. The Reclamation
Extension Act, approved August 13, 1914, and as amended, and all
other federal reclamation laws apply. The directors shall
distribute and apportion all water acquired by the district under
a contract with the United States in accordance with acts of
Congress, rules and regulations of the secretary of the interior,
and provisions of the contract.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.365. SURPLUS ASSESSMENTS. If assessments made under
this subchapter are more than sufficient to pay the necessary
expenses of the district, the balance shall be carried over to
the next year.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.366. INSUFFICIENT ASSESSMENTS. If the assessments made
under this subchapter are not sufficient to pay the necessary
expenses of the district, the unpaid balance shall be assessed,
pro rata, in accordance with the assessments made for the current
year. The additional assessments shall be paid under the same
conditions and penalties within 30 days from the date of
assessment.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.367. LAND NOT SUBJECT TO ASSESSMENTS. If a district
fails to furnish sufficient water to irrigate land in the
district for two years after its organization, the nonirrigated
land is relieved of all assessments and charges except taxes
until the district constructs the necessary canals and furnishes
the necessary water to irrigate the land.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.368. LOANS FOR MAINTENANCE AND OPERATING EXPENSES. The
board may borrow money to pay maintenance and operating expenses
at an interest rate of not more than 10 percent a year and may
pledge as security any of its notes or contracts with water users
or accounts against them.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.369. FIXED CHARGES FOR MAINTENANCE EXPENSES. If
maintenance charges are based on the quantity of water used, a
fixed charge may be made on all land or water connections
entitled to receive and use water. An additional charge may be
made, or a graduated scale adopted, for the use of more water
than that covered by the minimum charge. The board may install
proper measuring devices.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.370. CHARGE TO CITIES AND TOWNS. If a district includes
a city or town or contracts with a city or town to supply water
to it, the charge for the use of water and the time and manner of
payment shall be determined by a standing order of the board.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.371. AUTHORITY TO DETERMINE RULES AND REGULATIONS. The
directors may adopt, alter, and rescind rules, regulations, and
standing and temporary orders which do not conflict with the
provisions of this chapter and which govern:
(1) methods, terms and conditions of water service;
(2) applications for water;
(3) assessments for maintenance and operation;
(4) payment and the enforcement of payment of the assessments;
(5) furnishing of water to persons who did not apply for it
before the date of assessment; and
(6) furnishing of water to persons who wish to take water for
irrigation in excess of their original applications or for use on
land not covered by their original applications.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER I. SUPPLYING WATER TO MILITARY CAMPS
Sec. 55.401. AUTHORITY OF DISTRICTS WITH MILITARY BASE TO ISSUE
BONDS. Any district operating under Article XVI, Section 59, of
the Texas Constitution, which contains all or part of a United
States military camp or base may issue negotiable revenue bonds
to provide funds for acquiring or constructing filtration and
pumping equipment, pipelines, and other facilities for supplying
water to military camps or bases.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.402. BOND ELECTION. The district may issue negotiable
revenue bonds with a total par value of not more than $100,000
without the necessity of holding an election, but it may not
issue bonds with a total par value of more than $100,000 unless
the bond issue is approved at an election held under the law
governing bond elections.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.403. INTEREST RATE AND MATURITY DATE. Bonds issued
under this subchapter shall mature not more than five years after
the date of issuance.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 55.404. SECURITY FOR BONDS. (a) Bonds issued under this
subchapter may be secured by all or part of the net revenue to be
received from a contract for the sale of water by the district to
the United States for use at military camps or bases and from all
renewals, extensions, or substitutions of the contract.
(b) In addition, the bonds may