CHAPTER 56. DRAINAGE DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 56. DRAINAGE DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 56.001. DEFINITIONS. In this chapter:
(a) "District" means any drainage district organized under this
chapter.
(b) "Board" means the governing body of a drainage district.
(c) "Commissioners court" means the commissioners court of the
county in which the district is organized.
Acts 1971, 62nd Leg., p. 497, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION TO ARTICLE XVI,
SECTION 59, DISTRICT
Sec. 56.011. CREATION OF DISTRICT. A drainage 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. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.012. NAME OF EACH DISTRICT. The name of each district
shall include the name of the county in which it is located and
each district shall be numbered in consecutive order.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.013. AREA INCLUDED IN A DISTRICT. A district may
include all or part of any village, town, or municipal
corporation, but land included in one district may not be
included in any other drainage district.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.014. PETITION. (a) Any person may present a petition
to the commissioners court requesting the creation of a district.
The petition shall be signed by at least 25 of the resident
freehold taxpayers of the proposed district, or by at least
one-third of the resident freehold taxpayers of the district if
there are less than 75 of them, whose land might be affected by
creation of the district.
(b) The petition shall state:
(1) the necessity, public utility, and feasibility of the
proposed district;
(2) the proposed boundaries of the district; and
(3) the proposed name for the district.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.015. DEPOSIT. (a) Any person filing a petition shall
deposit with the clerk of the commissioners court cash, in an
amount to be determined by the county election officer, which
shall be held by the clerk until the result of the election to
create the district and issue bonds is officially announced.
(b) If the result of the election favors creating the district,
the clerk shall return the deposit to the petitioners or their
agent or attorney, but if the result of the election is against
the creation of the district, the clerk shall pay the cost and
expenses of the election from the deposit with vouchers signed by
the county judge and return the balance of the deposit to the
petitioners or their agent or attorney.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 1, eff. Sept. 1,
2001.
Sec. 56.016. TIME OF HEARING. At the same meeting at which the
petition is presented, the commissioners court shall schedule a
hearing on the petition at a regular or special meeting of the
commissioners court. The hearing must be held during the period
beginning on the 30th day and ending with the 60th day after the
day the petition is presented.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.017. NOTICE. (a) The commissioners court shall order
the clerk to give notice of the time and place of the hearing on
the petition by posting a copy of the petition and order of the
commissioners court during the 20-day period immediately
preceding the day of the hearing in five public places in the
county. The clerk shall post one of the copies at the courthouse
door and the four other copies within the boundaries of the
proposed district.
(b) The clerk is entitled to receive five cents a mile for each
mile necessarily traveled in posting the notices.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.018. HEARING ON THE PETITION. At the hearing on the
petition, any person whose land would be affected by creating the
district may appear before the commissioners court and may
contest the creation of the district or contend for its creation.
The person may offer testimony to show that the district is or is
not necessary and would or would not be a public utility and that
creating the district would or would not be feasible or
practicable.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.019. FINDINGS. (a) At the hearing on the petition, if
it appears to the commissioners court that drainage of the
proposed district is feasible and practicable and is needed and
would be conducive to public health or would be a public benefit
or a public utility, the commissioners court shall make findings
to this effect.
(b) If the commissioners court finds any of the issues in
Subsection (a) of this section in the negative, it shall dismiss
the petition at the cost of the petitioners.
(c) The findings of the commissioners court shall be recorded.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.020. ENGINEER. (a) If the findings of the
commissioners court under Section 56.019 of this code favor
creating the district, the commissioners court shall appoint a
competent civil engineer, who shall be entitled to as many
assistants as necessary.
(b) The engineer and his assistants are entitled to the
compensation and allowances for transportation, supplies, and
other expenses agreed on by the engineer and the commissioners
court.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.021. ENGINEER'S BOND. The engineer shall execute a bond
for $500 with two or more sureties approved by the commissioners
court, payable to the county judge for the use and benefit of the
district, conditioned on the faithful performance of his duties
under this chapter.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.022. SURVEY AND PRELIMINARY PLANS. (a) Within the time
prescribed by the commissioners court, the engineer shall make a
careful survey of the land proposed to be drained and protected
by levees. For the purposes of the survey, the engineer may go on
land located inside or outside the district, including land
located in a different county.
(b) The engineer shall obtain information regarding land and
outlets inside the proposed district from the Texas Natural
Resource Conservation Commission and from other sources, and he
shall cooperate with the Texas Natural Resource Conservation
Commission in the discharge of its duties.
(c) The engineer shall use the survey to make preliminary plans:
(1) locating approximately the necessary canals, drains,
ditches, laterals, and levees;
(2) designating the streams and bayous necessary to be cleaned,
deepened, and straightened;
(3) estimating the cost in detail of each contemplated
improvement; and
(4) estimating the probable annual cost of maintaining the
improvements.
(d) The engineer shall ascertain and procure proper and
necessary outlets for the proposed canals, drains, and ditches
necessary to drain the district.
(e) The engineer shall immediately make a report of his work to
the commissioners court.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 29, eff.
June 10, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.146, eff.
Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 11.331, eff.
Sept. 1, 1995.
Sec. 56.023. MAP. (a) The engineer shall include with his
report a map showing:
(1) the beginning point and outlets of canals, drains, ditches,
and laterals;
(2) the length, width, depth, and slopes of the banks of any cut
or excavation and the estimated number of cubic yards of earth
necessary to be removed from each; and
(3) the location and size of levees and the estimated number of
cubic yards of earth necessary to construct them.
(b) The engineer will comply sufficiently with Subsection (a) of
this section if he describes the boundaries and provides the
other information required by that subsection on a copy of the
official land office map of the county in which the proposed
district is located.
Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.024. HEARING ON PRELIMINARY REPORT. (a) At the first
regular or special meeting of the commissioners court after the
engineer files his preliminary report with the clerk, the
commissioners court shall schedule the report for hearing at a
regular or special meeting, which must be held during the period
beginning on the 20th day and ending with the 30th day after the
day the commissioners court schedules the hearing.
(b) The clerk shall post notice of the hearing on the
preliminary report in the manner provided in Section 56.017 of
this code.
(c) At the hearing, any resident or nonresident freehold
taxpayer whose land may be affected by the improvements, may
appear and object to any of the improvements because they are not
located at the proper places or they are not sufficient in number
or capacity to properly drain the territory.
Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.025. CHANGING THE PRELIMINARY REPORT. (a) The
commissioners court may change the location of any improvement
shown in the preliminary report or may add to or reduce the
number of improvements. The commissioners court may order the
engineer to locate any additional canals, drains, ditches, or
levees for the purpose of conducting water from the land of the
district or to prevent overflow of water from streams or other
bodies of water onto the land of the district to be drained.
(b) The commissioners court may refer the entire preliminary
report to the engineer for compliance with its orders and may
require the engineer to submit a further report.
(c) If material changes or alterations are made in the
preliminary report, the clerk shall give notice, and the
commissioners court shall hold a hearing in the manner provided
for the original preliminary report.
Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.026. ADOPTING THE PRELIMINARY REPORT. If there are no
objections to the preliminary report or if the commissioners
court finds that objections to the report are not valid, the
report shall be approved and the approval entered in the minutes.
Acts 1971, 62nd Leg., p. 501, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.032. AUTHORIZING EXISTING DISTRICTS TO OPERATE UNDER
ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION. (a) Any
existing district may be authorized to operate under the
provisions of Article XVI, Section 59, of the Texas Constitution
without change of name or impairment of obligations.
(b) To operate under Article XVI, Section 59, of the Texas
Constitution, the board must adopt a resolution proposing the
change and schedule a hearing on the resolution. The hearing must
be held not earlier than the 30th day but not later than the 60th
day after the date the resolution is adopted. The board shall
give notice of the time and place of the hearing on the
resolution by posting a copy of the resolution for at least the
20 days preceding the date of the hearing in five public places
in the county. One of the copies shall be posted on the
courthouse door and the other copies shall be posted within the
boundaries of the district. Following the hearing, the board may
adopt a resolution authorizing the district to operate under the
provisions of Article XVI, Section 59, of the Texas Constitution.
(c) Any district operating under the provisions of this section
is governed and controlled by the laws under which it was
organized.
(d) Limitations imposed by Article III, Section 52, of the Texas
Constitution and this chapter on debts to be incurred and taxes
to be levied are not applicable to districts operating under
Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 502, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 2, eff. Sept. 1,
2001.
Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The
landowners of a defined area of territory not included in a
district may file with the commissioners court a petition
requesting an election on the creation of a district. The
petition must:
(1) be signed by registered voters residing in the territory
equal in number to at least five percent of the number of votes
received in the territory to be included by all candidates in the
most recent gubernatorial general election; and
(2) describe by metes and bounds the territory to be included in
the district.
(b) The commissioners court shall call and hold a hearing to
determine if the petition meets the requirements of Subsection
(a).
(c) If the commissioners court determines the petition meets the
requirements of Subsection (a), the court shall order an election
held in the proposed district to determine whether or not the
district should be created and whether or not the district should
issue bonds and levy taxes to pay for the bonds.
(d) The provisions of this subchapter, other than Section
56.019, govern the hearing and election.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 1, eff. June 16,
1995.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 56.061. CREATION OF BOARD. (a) A district is governed by
a board of three directors unless special law provides otherwise.
(b) When a district is established, the commissioners court
shall appoint three directors for the district to serve until
permanent directors are elected.
Acts 1971, 62nd Leg., p. 502, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 1, eff. Sept. 1,
1999.
Sec. 56.062. ELIGIBILITY REQUIREMENTS FOR DIRECTORS. To be
eligible to serve as a director, a person must satisfy the
requirements of Section 141.001(a), Election Code.
Added by Acts 2001, 77th Leg., ch. 298, Sec. 3, eff. Sept. 1,
2001.
Sec. 56.064. ELECTION OF DIRECTORS. (a) For any district in
which special law requires that directors be appointed, except
when the special law otherwise provides, on petition of a
majority of the real property taxpayers of a district requesting
an election of district directors, the commissioners court shall
immediately order an election to be held at the earliest legal
time. The election shall be held as other elections under Chapter
49.
(b) The first elected directors of the districts in Calhoun,
Matagorda, and Victoria Counties hold office until May 15 of the
next succeeding odd-numbered year. Subsequent directors of the
district are elected every two years on the first Saturday in May
in each odd-numbered year, for a term of two years beginning on
May 15 following the election.
Acts 1971, 62nd Leg., p. 503, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1975, 64th Leg., p. 1847, ch. 575, Sec. 1, 2,
eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 5216, ch. 951, Sec.
10, eff. Jan. 1, 1984; Acts 1987, 70th Leg., ch. 54, Sec. 25(o),
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 59, Sec. 1, eff.
May 5, 1989; Acts 1995, 74th Leg., ch. 715, Sec. 27, eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 222, Sec. 2, eff. Sept. 1,
1999.
Sec. 56.0641. ELECTION PROCEDURES. (a) In those districts
referred to in Subsection (b) of Section 56.064, until otherwise
ordered by the board of directors, the three persons receiving
the highest number of votes at each election are elected. By
order made before the 60th day preceding an election for
directors, the board of directors in those districts referred to
in Subsection (b) of Section 56.064 may order that the election
of directors for that district shall be by position or place,
designated as Place No. 1, Place No. 2, and Place No. 3. The
order shall designate the place numbers in relation to the
directors then in office, and these place designations shall be
observed in all future elections. The person receiving the
highest number of votes for each position or place is elected.
Once the board of directors has adopted the place system for
election, neither that board nor their successors may rescind the
action.
(b) A person wishing to have his name printed on the ballot as a
candidate for director in those districts referred to in
Subsection (b) of Section 56.064 shall file a signed application
with the secretary of the board of directors not later than 5
p.m. of the 31st day preceding the election.
(c) The board of directors in those districts referred to in
Subsection (b) of Section 56.064 shall order the election,
appoint the election judges, canvass the returns, and declare the
results of the election. In other respects, the procedures for
conducting the election and for voting are as specified in the
Texas Election Code. The expenses of holding the election shall
be paid out of the construction and maintenance fund of the
district.
Added by Acts 1975, 64th Leg., p. 1847, ch. 575, Sec. 3, eff.
Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 222, Sec. 3,
eff. Sept. 1, 1999.
Sec. 56.0642. APPLICABILITY TO SPECIAL LAW DISTRICTS.
Subsection (b) of Section 56.064 and Section 56.0641 of this code
apply to drainage districts created or governed by special law
where the special law expressly adopts the provisions of Section
56.064 of this code or its predecessor statute (Article 8119,
Revised Civil Statutes of Texas, 1925) or repeats its provisions,
without change in substance, as those provisions existed at the
time the special law was enacted; but they do not apply to any
district established, reestablished, or otherwise affected by
special law where the special law contains specific provisions
relating to the method of selecting the governing body of the
district which were at variance with the provisions of Section
56.064 of this code or its predecessor at the time the special
law was enacted.
Added by Acts 1975, 64th Leg., p. 1848, ch. 575, Sec. 4, eff.
Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 222, Sec. 4,
eff. Sept. 1, 1999.
Sec. 56.069. TRANSFER OF BOARD'S POWER TO COMMISSIONERS COURT.
(a) The functions, powers, rights, and duties exercised by or
relating to the board of any district may be transferred to the
commissioners court of the county in which the district is wholly
located, but before the transfer is made, the commissioners court
and the board must pass resolutions authorizing the transfer. In
any district in which the board is elected, the transfer may not
be made unless the transfer is approved by a majority of the
voters voting on that issue at an election held in the district.
(b) After the transfer is made, the commissioners court shall be
the sole governing body of the district and shall exercise the
functions, powers, rights, and duties transferred.
(c) The members of the commissioners court are not entitled to
receive any compensation for the exercise of these functions,
powers, rights, and duties.
(d) On the passage of a resolution at a meeting of the board of
the district, the commissioners court may be authorized to
receive an allowance of not more than $150 a month for travel
expense incurred by the commissioners incident to the discharge
of their duties as members of the board of the district.
Acts 1971, 62nd Leg., p. 504, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 1780, ch. 653, Sec. 4, eff.
June 16, 1973; Acts 2001, 77th Leg., ch. 298, Sec. 4, eff. Sept.
1, 2001.
Sec. 56.082. HEARING; POWERS OF THE COMMISSIONERS COURT. (a)
Except as otherwise provided in this chapter, the commissioners
court has exclusive jurisdiction to hear and determine:
(1) contests and objections to creating a district;
(2) matters relating to creating a district; and
(3) all proceedings of a district during its organization.
(b) The commissioners court may adjourn a hearing from day to
day, and the judgment of the commissioners court rendered under
Subsection (a) of this section is final.
Acts 1971, 62nd Leg., p. 506, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 5, eff. Sept. 1,
1999.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 56.111. CONTROL AND REPAIR OF DISTRICT IMPROVEMENTS. The
board may control and supervise the construction and maintenance
of canals, drains, ditches and levees, and other improvements of
the district and shall keep them in repair.
Acts 1971, 62nd Leg., p. 506, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.115. DUTIES OF THE ENGINEER. (a) The engineer shall
make a map of the district showing:
(1) the boundary lines of the district;
(2) the original surveys within the boundaries of the district;
and
(3) the number of acres in an original survey which are included
in the district if the boundary lines of the district cross the
original survey.
(b) The engineer shall make maps and profiles of the canals,
drains, ditches, and levees located in the district and their
outlets extending beyond the boundaries of the district.
(c) A copy of the land office map of the county which shows the
name and number of each survey and the area or number of acres
within the district is sufficient to comply with the requirement
for a map of the district, and any recognized map of a city or
town in the district is sufficient to comply with the requirement
for a map of that city or town.
Acts 1971, 62nd Leg., p. 507, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.116. MAPS AND ESTIMATES. (a) The map and profile shall
include the relation that each canal, drain, ditch, or levee
bears to each tract of land through which it passes and the shape
into which the canal, drain, ditch, or levee divides each tract.
(b) If any canal, drain, ditch, or levee cuts off any tract
containing less than 20 acres of land, the map shall show:
(1) the number of acres divided from the tract;
(2) the number of acres in the whole tract;
(3) the shape of the small tract; and
(4) the relation of the small tract to the canal, ditch, drain,
or levee.
(c) The profile may show the number of cubic yards necessary to
be excavated to make each canal, drain, or ditch and to build any
levee located in the district and may give the estimated cost of
each.
(d) When the map, profile, and estimates are completed, the
engineer shall sign them in his official capacity and file them
with the clerk of the commissioners court.
Acts 1971, 62nd Leg., p. 507, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.120. RAILROAD CULVERTS. (a) At the expense of the
district, the board may construct necessary bridges and culverts
across or under a track or right-of-way of a railroad to enable
the district to construct and maintain a necessary canal, drain,
or ditch.
(b) Before the board constructs a bridge or culvert, the board
shall give notice to the railroad authorities authorized to build
or construct bridges and culverts and shall allow the railroad 30
days to build the bridge or culvert at its own expense and
according to its own plans.
(c) Bridges or culverts shall be constructed so they will not
interfere with the free and unobstructed flow of water passing
through the canals and drains and shall be placed at points
designated by the engineer.
Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.121. ROAD CULVERTS. The board shall build necessary
bridges and culverts across or over canals, drains, ditches,
laterals, and levees which cross a county or public road and
shall pay for the construction with funds of the district.
Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.122. CONSTRUCTING BRIDGES AND CULVERTS IN CERTAIN
COUNTIES. (a) If it is necessary to build a bridge or culvert
across or over a state highway located in a county having a
population of more than 350,000 inhabitants, according to the
last preceding federal census, the board may construct or assist
in constructing the bridge or culvert.
(b) After the bridge or culvert is constructed, the board may
pay or may join with any county or other governmental agency or
subdivision to pay the expenses of making necessary and needed
repairs. The expenses shall be paid from the funds of the
district.
Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.123. CHANGE IN PLANS WITHOUT ADDITIONAL EXPENDITURES.
(a) After the board authorizes bonds to be issued, the board may
make changes in the district or its improvements which will be an
advantage to the district but which will not increase the cost of
the proposed work beyond the amount of bonds authorized.
(b) The board may make the changes by entering on their minutes
a notation of the changes, with the district maps and profiles
showing the changes. Notice of the changes shall be given by
publishing the notation with the book and page number of the
minutes for two consecutive weeks in a newspaper of general
circulation published in the English language in the county in
which the district is located.
Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 6, eff. Sept. 1,
1999.
Sec. 56.124. CHANGE IN PLANS WITH ADDITIONAL EXPENDITURES. (a)
If the board decides that changes or additions in the preliminary
survey would be of advantage to the district but would
necessitate issuing additional bonds of the district, it shall
certify the need for additional bond authorization and file the
certification with maps and profiles prepared by the district
engineer showing the changes and their estimated cost in the
district office.
(b) At the first regular meeting after the documents are filed,
the board shall give notice of an election to determine whether
or not the changes and improvements should be made and shall
order the election held within the time and the returns made as
provided in the original election.
(c) If two-thirds of the electors of the district vote in favor
of the proposition, the board shall enter the approval in the
records and shall order the bonds issued as in the manner
provided for issuance of the original bonds.
Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 7, eff. Sept. 1,
1999.
Sec. 56.125. ADDITIONAL IMPROVEMENTS. (a) After completion of
improvements, including bridges and culverts, and after payment
of all expenses, if surplus money or bonds remain to the credit
of the district, the board may order the engineer to make a
detailed report of additional or supplemental drains, ditches,
levees, or other surface drainage improvements, including tile
drainage, which are needed by the district. The engineer shall
make the report and the board shall act on the report in the
manner provided in this chapter for the initial report of the
engineer.
(b) After the engineer's report is approved or modified by the
board, the board shall order an election to be held in the
district at the earliest legal time. The only proposition that
may be submitted at the election is whether or not the district
will construct additional improvements and pay for them with
funds currently available. A majority of those persons voting at
the election must approve the proposition for it to carry.
(c) Notice of the election shall be given, election officials
appointed, returns made and canvassed, and the result declared as
provided in Sections 56.027-56.031 of this code. The notice of
election shall state:
(1) the character and scope of the proposed improvements;
(2) the estimated cost of the proposed improvements; and
(3) the time and place for holding the election.
(d) The provisions of this chapter relating to awarding
contracts, constructing improvements, and the authority of the
board and the commissioners court to award contracts and
construct improvements apply as far as applicable to constructing
and paying for additional improvements.
(e) The estimated cost of the additional improvements may not be
more than the amount of surplus money or bonds to the credit of
the district.
Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 8, eff. Sept. 1,
1999.
Sec. 56.126. CHANGES, ADDITIONS, AND IMPROVEMENTS. When the
board determines that a necessity exists, it may make changes in,
additions to, and improvements in the drainage system of the
district and shall pay for the changes, additions, and
improvements with funds collected under the provisions of Section
56.242 of this code.
Acts 1971, 62nd Leg., p. 510, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.128. INJURING DRAINAGE CANAL OR DITCH. Any person who
wilfully fills up, cuts, injures, destroys, or impairs the
usefulness of any canal, drain, ditch, watercourse, or other work
constructed, repaired, or improved by a district to drain and
protect from overflow of water, upon conviction is punishable by
confinement in the county jail for not more than two months or by
a fine of not more than $1,000.
Acts 1971, 62nd Leg., p. 510, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 5, eff. Sept. 1,
2001.
Sec. 56.135. INTEREST IN DRAINAGE CONTRACT. A county judge,
county commissioner, director of the board, or drainage engineer
who becomes interested in any contract for construction of any
work by the district or in any fee paid by the district from
which he will receive money, consideration, or other thing of
value, upon conviction is punishable by confinement in the county
jail for not less than six months nor more than one year.
Acts 1971, 62nd Leg., p. 512, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 9, eff. Sept. 1,
1999.
Sec. 56.140. PUBLIC AND PRIVATE IMPROVEMENTS. (a) Canals,
drains, ditches, and levees which are constructed by a district
and watercourses which are cleaned or constructed by a district
are the public property of the district.
(b) A person who owns land in the district may drain into one or
more of the public drains, and at his own expense, the landowner
may make drains according to the natural slope of the land
through other lands intervening between his land and the nearest
public drain or watercourse or along any public highway.
(c) Before constructing any drains, the landowner shall notify
the board of his intention to construct a drain through another
person's land or along a public highway, and the directors shall
go on the premises and acting as a jury of view shall determine
the place for constructing the drain.
Acts 1971, 62nd Leg., p. 513, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.141. OUTSIDE DRAINS. (a) Before a person artificially
drains adjacent land located outside the district into the
canals, drains, or ditches of the district, the person must
submit a written application to the board, and the board must
grant permission to make the connections. The application shall
include the width, depth, and length of the connecting drains and
ditches.
(b) When the application is filed with the board, the engineer
shall estimate the quantity of water which the connecting drains
or ditches would probably empty into the established canals or
drains and shall indicate whether or not the established canals
or drains have sufficient capacity to carry the excess water
without risk or damage to the canals, drains, or adjacent
territory. The engineer shall report to the board the result of
his examination and his estimate.
(c) Unless an agreement is reached with the applicants, the
board may authorize the connection on condition that the
applicant first pay to the construction and maintenance fund an
amount of money which bears the same ratio to the cost of the
original canal or drain from the point of connection to its
outlet as the water to be emptied into the canal or drain by the
connecting drains bears to the water then flowing into and being
carried by the original canal or drain as estimated by the
engineer.
Acts 1971, 62nd Leg., p. 513, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 10, eff. Sept. 1,
1999.
Sec. 56.142. ENLARGEMENT OF CANALS, DRAINS, AND OTHER OUTLETS.
(a) If the engineer's report indicates that the capacity of the
canals, drains, or outlets of the district are insufficient to
carry the excess water that would be discharged into them by
connecting drains or that the additional discharge of water will
endanger the canals and drains or the lands and property adjacent
to them, the board may give the applicant permission to construct
connecting drains and secure the desired outlet on condition that
the applicant make necessary enlargements of the canals and
drains of the district at the applicant's own expense. The
increased capacity of the canals of the district shall be
sufficient to carry any increase of water caused by the
connection without danger to canals and drains or lands adjacent
to them.
(b) The engineer shall supervise and direct the enlargement of
the canals and drains, and after the work is completed to his
satisfaction, the engineer shall report to the board under his
official certificate. The report shall show:
(1) the kind of work done;
(2) the extent of the work;
(3) the new capacity to be sufficient to carry excess water from
the connecting drain;
(4) the number of days spent by the engineer supervising the
work; and
(5) the amount due to the engineer for his services.
(c) On approving the engineer's report, the board shall issue an
order authorizing the connections to be made with the canals and
drains on payment of the amount due to the engineer as shown by
the engineer's report and shall order the applicant to pay the
engineer's salary.
Acts 1971, 62nd Leg., p. 514, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 11, eff. Sept. 1,
1999.
Sec. 56.143. CONTRACT FOR IMPROVEMENTS WITH THE UNITED STATES.
(a) Any district which is converted under Section 56.032 of this
code and which lies wholly within one county may enter into
contracts with the United States, including the Bureau of
Reclamation of the Department of Interior, to construct
improvements.
(b) The board must approve the project, plans and
specifications, and methods of constructing or reconstructing the
improvements.
(c) After approval, the board may execute a contract for a
specified number of years or until the plans or programs of the
district are completed and shall pay the obligations incurred
under the contract by issuing bonds that are approved by the
voters in the manner provided for issuing other bonds of the
district. The board shall deliver the bonds to the United States.
Acts 1971, 62nd Leg., p. 514, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.144. INTERLOCAL AGREEMENTS. A district created pursuant
to this chapter, special law or other general law may enter into
an interlocal agreement with another political subdivision to
accomplish the purposes set forth in Article III, Sections
52(b)(1), (2), and (3), of the Texas Constitution. In the event
the jurisdictional boundaries of two or more districts or
political subdivisions contain all or part of the same watershed
of a waterway and one or more of the other districts or political
subdivisions determines that the construction of improvements in
the watershed would be a public benefit and accomplish the
purposes set forth in Article III, Sections 52(b)(1), (2), and
(3), of the Texas Constitution, the district or political
subdivision shall propose an interlocal agreement to the
governing bodies of the other districts or political subdivisions
sharing jurisdiction within the watershed. If an interlocal
agreement is not executed within 120 days from the date it is
submitted to all of the districts and political subdivisions
sharing jurisdiction within the watershed, the district or
political subdivision proposing the improvements may petition the
commission for approval of the proposed improvements. The
commission shall conduct a hearing on the proposed improvements
and upon a finding that the improvements would be a public
benefit, shall approve the plan for the improvements, and the
district or political subdivision proposing the improvements
shall be authorized to implement the plan within the boundaries
of the other district or political subdivision.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 3, eff. June 16,
1995.
SUBCHAPTER E. GENERAL FISCAL PROVISIONS
Sec. 56.182. DISTRICT FUNDS. (a) The construction and
maintenance fund consists of money, effects, property, and
proceeds received by the district from any source except that
portion of tax collections necessary to pay principal and
interest on bonded indebtedness.
(b) The interest and sinking fund consists of that portion of
tax collections necessary for paying principal and interest on
bonded indebtedness, and this fund may be invested for the
benefit of the district as provided by law.
(c) Each fund shall be held for the purpose for which it was
created, and if money is improperly paid from either fund, the
board may transfer money in the two funds to restore the fund
which was improperly used.
Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 6, eff. Sept. 1,
2001.
SUBCHAPTER F. ISSUANCE OF BONDS AND NOTES
Sec. 56.201. AUTHORITY TO ISSUE BONDS. Any district may issue
bonds as provided in this chapter to pay for drainage
improvements.
Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.202. ISSUANCE OF BONDS. When maps, profiles, and
estimates are filed, the board shall issue an order directing the
issuance of bonds sufficient to pay for proposed improvements
together with necessary, actual, and incidental expenses. The
bonds may not be issued in an amount greater than the amount
specified in the order and notice of election, and in districts
operating under Article III, Section 52, of the Texas
Constitution, the bonds may not be issued in an amount greater
than one-fourth of the assessed valuation of the real property of
the district.
Acts 1971, 62nd Leg., p. 516, ch, 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 7, eff. Sept. 1,
2001.
Sec. 56.203. RECORD BOOK FOR BONDS. (a) Before any bonds are
issued, the board shall provide a well-bound book in which the
board shall keep a record of:
(1) all bonds which have been issued;
(2) the numbers of the bonds;
(3) the amount of the bonds;
(4) the rate of interest on the bonds;
(5) the date of issuance of the bonds;
(6) the date on which the bonds are due;
(7) the place where the bonds are payable;
(8) the amount received for the bonds;
(9) the annual rate of assessment to pay interest on and provide
a sinking fund for the bonds; and
(10) the payment of each bond.
(b) The board shall keep the book open at all times for public
inspection by district taxpayers and bondholders.
Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 7, eff. Sept. 1,
2001.
Sec. 56.204. BONDS: REQUISITES. (a) Bonds shall be issued in
the name of the district, signed by the board president, and
attested by the board secretary, and each bond shall have the
seal of the district affixed to it.
(b) The bonds shall be issued in denominations and shall bear
interest as authorized by the board.
(c) The terms of the bonds shall include the time, places,
manner, and conditions of payment and the rate of interest
determined and ordered by the board.
(d) The bonds shall be paid not later than 40 years from the
date they are issued.
Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 8, eff. Sept. 1,
2001.
Sec. 56.205. BONDS: APPROVAL. (a) After the bonds are sold,
the district shall submit to the attorney general:
(1) the actual bonds;
(2) a certified copy of the board's order levying a tax to pay
interest and create a sinking fund;
(3) a statement of the district's total bonded indebtedness
including the value of the bonds proposed to be issued and the
value of taxable property in the district as shown by the last
official assessment of the appraisal district in which the
district participates; and
(4) other information the attorney general requires.
(b) The attorney general shall examine the bonds carefully and
shall certify them if he finds that they conform to the
constitution and laws of this state and are valid and binding
obligations of the district.
Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 9, eff. Sept. 1,
2001.
Sec. 56.207. BONDS: SALE. (a) The board shall advertise and
sell the bonds on the best terms and for the best price possible.
(b) The board shall deposit all money from the sale of the bonds
as it is received into the construction and maintenance fund of
the district.
Acts 1971, 62nd Leg., p. 517, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1,
2001.
Sec. 56.209. USE OF UNSOLD BONDS FOR MAINTENANCE PURPOSES. If
any bonds remain unsold which are not required to complete
improvements, the board may enter its consent on the public
record to sell the bonds and place the proceeds in the
construction and maintenance fund for use in accomplishing the
purposes stated in Section 56.242 of this code.
Acts 1971, 62nd Leg., p. 517, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1,
2001.
Sec. 56.210. REFUNDING BONDS. (a) A district may refund
outstanding bonds by issuing new bonds as provided by Chapter
1207, Government Code.
(b) The district shall issue the bonds in denominations to be
determined by the board and shall levy a tax sufficient to meet
the payment of principal and interest of the refunding bonds
before the bonds are delivered.
Acts 1971, 62nd Leg., p. 518, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1,
2001.
Sec. 56.211. REFUNDING BOND ELECTION. (a) If indebtedness to
be refunded includes obligations other than voted bonds, in any
district operating under Article III, Section 52, or Article XVI,
Section 59, of the Texas Constitution, before the refunding bonds
may be issued, a majority of the electors of the district voting
at an election called for that purpose must vote in favor of
issuing the refunding bonds and levying a tax to pay for the
bonds.
(b) The board shall call the election and the secretary of the
board shall give notice of the time and places for holding the
election.
(c) The notice shall be signed by the secretary and shall
(1) state the purpose of the election;
(2) state the proposition to be voted on;
(3) define the election precincts;
(4) prescribe the polling places in the district; and
(5) list the names of the election officers.
(d) The notice shall be published once a week for three
consecutive weeks in a newspaper of general circulation in the
county in which the district is located, but if a newspaper is
not published in the county, the notice shall be published in the
nearest county. The first publication shall be at least 20 days
before the day of the election.
Acts 1971, 62nd Leg., p. 518, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1768, ch. 518, Sec. 8, eff.
May 31, 1971. Amended by Acts 2001, 77th Leg., ch. 298, Sec. 11,
eff. Sept. 1, 2001.
Sec. 56.212. APPROVAL AND ISSUANCE OF REFUNDING BONDS. (a) If
the board declares the result of the election under Section
56.211 of this code to favor the issuance of refunding bonds and
the levy of a tax to pay for the bonds, refunding bonds with the
seal of the district affixed to them may be issued in the name of
the district. The bonds shall be signed by the board president
and attested and registered by the board secretary.
(b) The bonds together with the record relating to them shall be
submitted to the attorney general for his approval, as required
by Section 49.184.
(c) When the attorney general approves the bonds, they shall be
delivered to the comptroller who shall register them and deliver
them in exchange for or on release of the obligations being
refunded at the time, in the manner, and in the amounts
prescribed in the order of the board. If the obligations being
refunded are evidenced by outstanding securities, the comptroller
shall cancel the outstanding securities concurrently with the
registration and delivery of the bonds.
(d) When the refunding bonds are approved by the attorney
general and registered and delivered by the comptroller, the
bonds are valid and binding obligations of the district and are
incontestable for any cause.
Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 12, eff. Sept. 1,
2001.
Sec. 56.213. TAX ANTICIPATION NOTES; BOND ANTICIPATION NOTES.
(a) A district may borrow money by issuing negotiable tax
anticipation notes or bond anticipation notes if the board finds
that the district has an insufficient amount of money available
to:
(1) pay the principal of or interest on any district bond
payable in whole or in part by taxes; or
(2) meet any other need of the district.
(b) The district may issue tax anticipation notes or bond
anticipation notes without giving notice or otherwise advertising
the issuance of the notes.
(c) A tax anticipation note or bond anticipation note must
mature not later than one year after the date the note is issued.
(d) The district may issue tax anticipation notes for any
purpose for which the district is authorized to levy taxes. The
notes must be secured with the proceeds of taxes to be levied by
the district in the 12-month period following issuance of the
note. The district may covenant with purchasers of the notes that
the district will levy a tax sufficient to pay the principal of
and interest on the notes and to pay the costs of collecting the
tax.
(e) The district may issue bond anticipation notes for any
purpose for which bonds of the district have been approved by
voters or to refund previously issued bond anticipation notes. A
district may covenant with purchasers of the notes that the
district will use the proceeds of the sale of any district bonds
in the process of issuance to refund the notes. A district that
covenants under this subsection shall use the bond proceeds to
pay the principal, interest, or redemption price on the notes.
(f) A district required to seek commission approval of bonds
must have an application for approval of a bond on file with the
commission before issuing bond anticipation notes secured by the
bond.
Added by Acts 1995, 74th Leg., ch. 1052, Sec. 2, eff. June 17,
1995.
SUBCHAPTER G. TAXATION PROVISIONS
Sec. 56.241. LEVY OF TAXES TO PAY FOR BONDS. After bonds are
authorized at an election, the board shall have taxes annually
assessed and collected on all property in the district sufficient
to pay interest and principal on the bonds. Taxes collected under
this section shall be placed in the interest and sinking fund.
Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 13, eff. Sept. 1,
2001.
Sec. 56.242. MAINTENANCE TAX. (a) The board shall have a tax
assessed and collected on district property sufficient to
maintain, repair, and preserve district improvements and to pay
legal debts, demands, and obligations of the district, but in
districts operating under Article III, Section 52, of the Texas
Constitution, the tax may not be in an amount greater than
one-half of one percent of the total assessed valuation of the
district for that year.
(b) Taxes collected under this section shall be placed in the
construction and maintenance fund.
(c) The board may issue negotiable notes payable from the
maintenance tax authorized by Subsection (a) to meet the
financial obligations of the district, as described by Subsection
(a). The notes shall be payable over a period not to exceed five
years from the date of issuance. Notes issued under this
subsection are not required to be approved by the Texas Natural
Resource Conservation Commission. A district may not have
outstanding, at any one time, notes in excess of $3 million under
this subsection.
(d) The board may issue negotiable notes to pay any lawful
expenditure of the district, other than principal and interest on
debt, including all costs to improve or repair any existing
drainage canal, ditch, watercourse, or other work constructed,
repaired, or improved by the district. The notes may be payable
from and secured by a lien on and pledge of any available funds
of the district, including the proceeds of a maintenance tax.
Notes issued under this subsection shall be payable over a period
not to exceed 20 years from the date of issuance and if issued
for a term longer than one year must be treated as "debt" as
defined by Section 26.012, Tax Code. The maximum debt service on
all notes issued under this subsection may not exceed in any
fiscal year of a district an amount that could be paid from the
proceeds of one-fourth of the maximum tax the district is
authorized by law to levy on the date any notes are issued.
Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 14, eff. Sept. 1,
2001.
Sec. 56.247. LEVYING TAXES ON THE BENEFIT BASIS. A district
operating under Article XVI, Section 59, of the Texas
Constitution, may levy taxes on the benefit basis, which means
the levy of a tax on an equal or uniform basis or rate on each
acre of land in the district.
Acts 1971, 62nd Leg., p. 520, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.248. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR NEWLY
CREATED DISTRICTS. (a) In a petition to create a district under
Article XVI, Section 59, of the Texas Constitution, the
petitioner may request that taxes in the proposed district be
levied on the benefit basis, and the notice of hearing on the
petition shall state this request in addition to other
information required by V.T.C.A., Water Code Sec. 56.017.
(b) At the hearing on the petition, the commissioners court
shall consider whether or not it will be fair and equitable to
levy taxes on the benefit basis, and any person who would be
affected by creation of the district may appear before the
commissioners court and support or oppose the levy of taxes on
the benefit basis.
(c) If the commissioners court finds that creation of and
drainage of the district is feasible and practicable under
V.T.C.A., Water Code Sec. 56.019, the commissioners court shall
further determine whether or not the levy of taxes on the benefit
basis would be fair and equitable to the landowners in the
district.
(d) If the commissioners court determines that levying taxes on
a benefit basis would not be fair and equitable to the
landowners, the order of the commissioners court shall state
these findings, and if the district is created, district taxes
shall be levied on an ad valorem basis.
(e) If the commissioners court favors creation of the district
and determines that levying taxes on a benefit basis will be fair
and equitable to the landowners, the order of the commissioners
court shall include these findings and an election shall be
called to create the district and levy taxes on the benefit
basis.
(f) Findings of the commissioners court relating to the basis on
which taxes will be levied are final and conclusive on all
parties.
Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.249. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR
EXISTING DISTRICT. (a) A district may levy taxes on the benefit
basis as provided in this section.
(b) Any person may present to the board a petition, signed by 75
of the resident freehold taxpayers of the district whose land
would be affected or by one-third of the freehold resident
taxpayers of the district whose land would be affected if there
are less than 75 in the district, requesting that taxes of the
district be levied on the benefit basis and showing that the levy
of taxes on the benefit basis will be fair and equitable to all
landowners in the district.
(c) At the same meeting at which the petition is presented, the
board shall schedule a hearing on the petition for either a
regular meeting or a special meeting called for that purpose to
be held during the period beginning on the 30th day and ending
with the 60th day after the day the petition is presented.
(d) The board shall give notice of the time and place of the
hearing by posting a copy of the petition and the order of the
board at five public places in the county during the 20-day
period immediately preceding the day of the hearing. The board
shall post one of the copies at the courthouse door and the other
four copies at four places within the boundaries of the district.
(e) At the hearing, any person whose land would be affected may
appear before the board and may support or oppose the levy of
taxes on a benefit basis and may offer testimony to show whether
or not the levy of taxes on the benefit basis will be fair and
equitable to landowners in the district. The board has exclusive
jurisdiction to hear and determine this issue and matters
relating to it and has exclusive jurisdiction in all subsequent
proceedings. The board may adjourn the hearing from day to day,
and judgments of the board are final.
(f) If the board finds that levying taxes on the benefit basis
will not be fair and equitable to landowners in the district, an
order shall be entered dismissing the petition, and the district
shall continue to levy taxes on an ad valorem basis, but if the
board finds that levying taxes on the benefit basis will be fair
and equitable to landowners in the district, the board shall
order an election to be held in the district.
(g) An election to approve the levy of taxes on the benefit
basis must be held on the earliest legal date that occurs on or
after the 30th day after the date the board orders the election.
Notice of the election shall be given in the same manner as
notice is given for the hearing on the petition. The board shall
name polling places within the district and shall appoint judges
and other necessary election officers. The ballots shall be
printed to provide for voting for or against the following
proposition: "The levy of taxes in the district on the benefit
basis."
(h) At least two-thirds of those persons voting in the election
must vote in favor of the proposition for it to carry.
(i) If the proposition carries at the election, the order of the
board canvassing the election shall provide that taxes of the
district are to be levied on the benefit basis, but if the
proposition fails to carry at the election, the order of the
board canvassing the election shall provide that taxes of the
district are to continue to be levied on an ad valorem basis.
Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,
2001.
Sec. 56.250. LAW GOVERNING DISTRICTS LEVYING TAXES ON THE
BENEFIT BASIS. A district that levies taxes on the benefit basis
is governed by the provisions of this chapter. However, the rate
of taxation and the assessment and collection of taxes is
governed by the law relating to ad valorem taxes to the extent
applicable and not inconsistent with this chapter.
Acts 1971, 62nd Leg., p. 522, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r),
eff. Jan. 1, 1982.
Sec. 56.251. DETERMINING ACREAGE IN THE DISTRICT. (a) In
districts levying taxes on the benefit basis, the board shall
appoint three freehold taxpaying voters in the district as a
committee to determine the number of acres of land owned by each
landowner in the district. A person appointed by the board shall
qualify by taking an oath to fairly and impartially hold hearings
and determine acreage.
(b) The committee to determine acreage shall give notice of the
time and place of the hearing on the acreage before the 10-day
period immediately preceding the day of the hearing.
(c) At the hearing each landowner may testify about the amount
of land owned by him in the district. The committee has final
jurisdiction to determine the exact acreage of each landowner in
the district.
(d) After the committee makes its determination, the land in the
district shall be annually placed on the tax rolls according to
the acreage determined without rendition of taxes.
Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,
2001.
SUBCHAPTER H. DISSOLUTION
Sec. 56.291. AUTHORITY TO DISSOLVE A DISTRICT. Subject to the
provisions of Sections 50.251-50.256 of this code, a district
created under this chapter may be dissolved as provided in this
subchapter.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 56.292. PETITION. At a regular meeting of the board, any
resident freehold taxpayer of the district may present a petition
signed by at least five percent of the qualified voters of the
district, or if there are fewer than 100 resident freehold
taxpayers in the district, then by one-third of the resident
freehold taxpayers requesting the dissolution of the district,
and on verification of the petition signatures, the board shall
order an election to be held in the district at the earliest
legal time to determine whether or not the district should be
dissolved.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,
2001.
Sec. 56.293. DEPOSIT. (a) Any person filing a petition shall
deposit with the board an amount sufficient to pay the cost of
conducting an election within the district which shall be held by
the board until the result of the election to dissolve the
district is officially announced and entered in the record of the
district.
(b) If the result of the election favors dissolving the
district, the board shall return the deposit to the petitioners
or their agent or attorney, and the cost and expenses of holding
the election shall be paid by the district, but if the result of
the election is against dissolving the district, the board shall
pay the cost and expenses of the election from the deposit and
return the balance of the deposit to the petitioners or their
agent or attorney.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,
2001.
Sec. 56.294. ELECTION. (a) Notice of the election to dissolve
the district shall be posted and the election shall be held as
provided by this chapter for elections to create a district.
(b) The ballots for the election shall be printed to provide for
voting for or against the following proposition: "Dissolution of
the drainage district."<