CHAPTER 61. ARTICLE III, SECTION 52, NAVIGATION DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 61. ARTICLE III, SECTION 52, NAVIGATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 61.001. DEFINITIONS. In this chapter:
(1) "District" means a navigation district created under Article
III, Section 52, of the Texas Constitution.
(2) "Commission" means the navigation and canal commission of a
district.
(3) "Board" means the navigation board.
(4) "Commissioners court" means the commissioners court of the
county in which the district is located or the commissioners
court of the county of jurisdiction.
(5) "Commissioner" means a member of the navigation and canal
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT
Sec. 61.021. CREATION. A navigation district may be created as
provided in this chapter to operate under Article III, Section 52
of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.022. AREA INCLUDED IN DISTRICT. A district may include
all or part of a village, town, or municipal corporation, but may
not include more than all or parts of two counties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.023. DISTRICT MAY INCLUDE ROAD DISTRICT. On petition
signed by a majority of the property taxpayers who reside in the
special road district, a district which includes all or parts of
two counties may include any special road district which has
voted bonds to construct public roads. If the entire county which
includes the road district is included in the district, this
section does not apply.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.024. PETITION TO CREATE SINGLE-COUNTY DISTRICT. (a) To
create a district located wholly in one county, a petition,
signed by 25 of the resident property taxpayers, or if there are
fewer than 75 resident property taxpayers in the proposed
district, then by one-third of them, shall be presented to the
commissioners court of the county.
(b) The petition shall include:
(1) a request for the establishment of a navigation district;
(2) a description of the boundaries of the proposed district,
accompanied by a map;
(3) a statement of the general nature of the improvements
proposed;
(4) an estimate of the probable cost;
(5) a request for the issuance of bonds and the levy of a tax to
pay for the bonds; and
(6) the designation of a name for the district which shall
include the name of the county.
(c) An affidavit stating the qualifications of the petitioners
shall accompany the petition.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.025. PETITION TO CREATE DISTRICT IN TWO COUNTIES. (a)
If the proposed district is located in two counties, the petition
shall be presented to the commissioners court of the county which
includes the greater part of the district, and this county shall
be the county of jurisdiction with relation to all matters
concerning the district.
(b) The petition shall be signed by 25 resident property
taxpayers in each county in the district or if there are fewer
than 75 resident property taxpayers in either of the counties,
then by one-third of the resident property taxpayers in that
county.
(c) The name of the district shall include the name of the
county which has jurisdiction.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.026. DEPOSIT. (a) The petition shall be accompanied by
$500 in cash, which shall be deposited with the clerk of the
commissioners court.
(b) The money shall be held by the clerk until after the result
of the election for the creation of the district has been
declared and entered of record by the commissioners court.
(c) If the result of the election is in favor of the
establishment of the district, the deposit shall be returned to
the petitioners or their agent or attorney.
(d) If the result of the election is against the establishment
of the district, the clerk shall pay out of the $500, with
vouchers signed by the county judge, all costs and expenses
connected with the proposed district, including the election. Any
balance shall be returned to the petitioners or their agents or
attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.027. HEARING. (a) On presentation of the petition, the
commissioners court shall order a hearing to be held at a regular
or special term of the commissioners court.
(b) The hearing shall be held not less than 30 days nor more
than 60 days from the date the petition is presented.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.028. NOTICE OF HEARING. (a) The commissioners court
shall order the clerk to give notice of the date and place of the
hearing by posting a copy of the petition and the order of the
commissioners court at the courthouse door and at four other
public places within the boundaries of the proposed district.
(b) The notices shall be posted not less than 20 days
immediately preceding the time set for the hearing.
(c) If the district is composed of more than one county, the
notices shall be posted in each county.
(d) The clerk is entitled to receive $1 for each notice he posts
and five cents a mile for each mile traveled to post the notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.029. HEARING BY BOARD. (a) If the proposed district
includes all or part of a city acting under special charter
granted by the legislature, the hearing shall be held at the
regular meeting place of the commissioners court before a board.
(b) The board shall include the county judge and the members of
the commissioners court and the mayor and the aldermen or
commissioners of the city or cities.
(c) The board shall pass on the petition with each individual
member having one vote.
(d) A majority in number of the persons composing the board
shall constitute a quorum, and the action of the quorum shall
control.
(e) The hearing shall be held and notice shall be given as
provided in Sections 61.027-61.028 of this code.
(f) The clerk shall record the proceedings of the board in the
book kept for that purpose, and this record shall be available
for public inspection.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.030. CONDUCT OF HEARING. (a) The commissioners court
or the board has exclusive jurisdiction to hear and determine all
contests and objections to the creation of the proposed district,
all matters relating to the creation of the proposed district,
and all subsequent proceedings of the proposed district after it
is organized.
(b) The commissioners court or the board may adjourn the hearing
from day to day, and all judgments or decisions rendered by it
shall be final unless otherwise provided in this chapter.
(c) Any person who might be affected by creation of the district
may appear at the hearing and support or oppose creation of the
proposed district and may offer testimony relating to:
(1) the necessity and feasibility of the proposed district;
(2) the benefits to accrue from formation of the proposed
district;
(3) the boundaries of the proposed district; or
(4) any other matter concerning the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.031. FINDINGS. (a) If it appears at the hearing that
the proposed improvements are feasible and practicable and would
be a public benefit and utility, the commissioners court or the
board shall make these findings and approve the boundaries stated
in the petition or make changes in the boundaries.
(b) Changes may not be made in the proposed boundaries until
notice is given and a hearing held in the manner provided in
Sections 61.027-61.030 of this code.
(c) If the commissioners court or board is unable to make the
findings under Subsection (a) of this section, it shall dismiss
the petition at the cost of the petitioners. Dismissal of the
petition shall not prevent presentation of other petitions at a
later date.
(d) The commissioners court or the board shall enter all
findings in its records.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.032. PROVIDING FUNDS FOR PROPOSED IMPROVEMENTS. (a) If
the commissioners court or the board approves the boundaries in
the petition or as changed and decides to grant the petition, it
shall determine the amount of money necessary for the
improvements and all expenses connected with the improvements and
whether to issue bonds for the full amount or, in the first
instance, for a less amount.
(b) The commissioners court or the board shall specify the
amount, term, and rate of interest of bonds to be issued.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.033. ELECTION ORDER. (a) If the commissioners court or
the board finds in favor of the establishment of the district and
the issuance of bonds and levy of a tax, the commissioners court
shall order an election to vote on the proposition.
(b) The election order shall specify the amount of the bonds to
be issued, their maturity dates, and the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.034. ELECTIONS. (a) When an election is held under
this chapter, notice shall be posted for 30 days before the
election in the manner provided for posting notice. The notice
shall include:
(1) the time and place of the election;
(2) the proposition;
(3) the purpose of the election; and
(4) a copy of the election order.
(b) Unless otherwise provided, a two-thirds vote is necessary to
carry a proposition submitted at an election.
(c) The commissioners court shall create and define, by order,
the voting precincts in the district and shall name convenient
polling places in the precincts. It shall appoint necessary
election officials and shall hold elections at the earliest legal
time.
(d) After canvassing the returns of an election, if the
commissioners court finds that the proposition has carried, it
shall declare the result and enter it in the minutes as provided
in this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.035. BALLOTS. The ballots for the election shall be
printed to provide for voting for or against the proposition:
"The creation of a navigation district and the issuance of bonds
and the levy of a tax to pay for the bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.036. DECLARATION OF RESULT. If the proposition carries
at the election, the commissioners court shall enter the
following declaration in its minutes:
"Commissioners Court of __________ County, Texas, __________ term
A.D. ______: In the matter of the petition of __________ and
__________ others requesting the establishment of a navigation
district and the issuance of bonds and the levy of taxes in the
petition described and designated by the name of __________
Navigation District. Be it known that at an election called for
that purpose in the district, held on the ______ day of
__________ A.D. ______, a two-thirds majority of the electors
voting on the proposition voted in favor of the creation of the
navigation district, and the issuance of bonds and the levy of a
tax. Now, therefore, it is considered and ordered by the court
that the navigation district be and the same is hereby
established by the name of __________ Navigation District, and
that the bonds of the district in the amount of $______ be
issued, and a tax of ______ cents on the $100 valuation or so
much thereof as may be necessary to be levied on all property
inside the navigation district sufficient in amount to pay the
interest on the bonds and provide a sinking fund to redeem them
at maturity, and that if the tax becomes insufficient for these
purposes, it shall be increased until it is sufficient. The metes
and bounds of the district shall be as follows: (Description of
metes and bounds.)"
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 61.071. APPOINTMENT OF COMMISSIONERS. After a district is
created, the commissioners court or the board, by majority vote,
shall biennially appoint three commissioners to the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.072. ORGANIZATION: QUORUM. The commission shall
organize by electing one of their number chairman and one
secretary. Two of the commissioners shall constitute a quorum,
and a concurrence of two shall be sufficient in all matters
relating to the business of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.073. QUALIFICATIONS. To be qualified for appointment as
a commissioner, a person must be a resident of the district, a
freehold property taxpayer, and a qualified elector of the
county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.074. TERM OF OFFICE, REMOVAL, AND SUCCESSION. (a) Each
commissioner shall hold office for four years and until his
successor has qualified, unless sooner removed by a majority vote
of the commissioners court or the board for malfeasance or
nonfeasance in office.
(b) All vacancies in the office of commissioner shall be filled
for the unexpired term in the manner provided for the original
appointment to the office.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1983, 68th Leg., p. 5217, ch. 951, Sec. 13, eff.
Jan. 1, 1984.
Sec. 61.075. COMMISSIONER'S OATH. Each commissioner shall
subscribe an oath before the county judge of the county of
jurisdiction to discharge faithfully the duties of his office
without favor or partiality, and to render a true account of his
activities to the commissioners court or the board which
appointed him. The oath shall be filed by the clerk and preserved
as a part of the records of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.076. COMMISSIONER'S BOND. Each commissioner shall
execute a good bond for $1,000, payable to the county judge for
the use and benefit of the district and conditioned on the
faithful performance of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.077. COMMISSIONERS' COMPENSATION. The commissioners are
entitled to receive for their services compensation fixed by the
commissioners court and entered in the record.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.078. DISTRICT TREASURER. The county treasurer of the
county of jurisdiction shall be treasurer of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.079. DISTRICT TREASURER'S BOND. (a) Before receiving
the proceeds of any district bonds and before receiving any
district funds from any source, the district treasurer shall
execute a good and sufficient bond payable to the commission for
the benefit of the district. The bond shall be in an amount fixed
and approved by the commission.
(b) The bond shall be conditioned on the district treasurer's
faithfully executing the duties of his office, paying over all
money that comes into his hands as the treasurer, and rendering a
just account to the commissioners court or the commission when
required to do so.
(c) The bond required by this section shall remain in full force
and effect as long as any funds belonging to the district are in
the possession or under the control of the treasurer.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.080. DISTRICT TREASURER'S COMPENSATION. The district
treasurer shall be entitled to receive for his services an amount
fixed by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.081. DUTIES IMPOSED WITHOUT COMPENSATION. The duties
and powers conferred on county, city and other officers under
this chapter are a part of the legal duty of the officers which
they shall perform without additional compensation, unless
otherwise provided in this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.082. COURT ACTIONS. (a) The district, by and through
its commission, may sue and be sued in any court in this state in
the name of the district.
(b) The courts of this state shall take judicial notice of the
establishment of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 61.111. PURPOSES OF DISTRICT. A district may:
(1) improve rivers, bays, creeks, streams, and canals inside or
adjacent to the district;
(2) construct and maintain canals and waterways to permit or aid
navigation; and
(3) issue bonds to pay for these improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.112. EMPLOYEES AND COUNSEL. (a) The commission may
employ assistant engineers and other employees which are
necessary and may determine their compensation.
(b) The commission may retain counsel to represent the district
in the preparation of contracts or in the conduct of any
proceedings in or out of court and to be the legal advisor of the
commission on terms and for fees agreed on by the parties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.113. AUTHORITY TO GO ON LAND. The commissioners and
engineers, together with all necessary teams, help, tools and
instruments, may go on any land located inside the district for
the purpose of examining the land and making plans, surveys,
maps, and profiles, without subjecting themselves to the laws of
trespass.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.114. PENALTY FOR PROHIBITING ENTRY TO LAND. Any person
who wilfully prevents or prohibits any officer listed in Section
61.113 of this code from entering land for the purposes stated in
that section on conviction shall be punished by a fine of not
more than $25 a day for each day he prevents or prohibits the
officer from entering the land.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.115. ACQUISITION OF PROPERTY. The commission may
acquire by gift, grant, purchase, or condemnation any necessary
rights-of-way and property for necessary improvements
contemplated by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.116. LEASE OF STATE OWNED LANDS AND FLATS. (a) Any
district organized under this chapter or any special law or any
general law under which navigation districts may be created may
apply for a lease from the State of Texas of the surface estate
of any lands and flats belonging to the state which are covered
or partly covered by the water of any of the bays or other arms
of the sea; however, any navigation district created after the
effective date of this Act may not lease the surface estate of
any such lands or flats which are located within 10 miles of the
boundary of any navigation district in existence on the effective
date of this Act, without first receiving the written approval of
the district now in existence. The words "navigation district,"
"district," or "districts" as used in Sections 61.116, 61.117,
and 60.038 of the Texas Water Code shall apply to any
incorporated city in this state which owns and operates wharves,
docks, and other marine port facilities.
(b) The state, through the School Land Board, may lease these
state owned lands or flats to eligible navigation districts only
for purposes reasonably related to the promotion of navigation.
The term "navigation" as used herein refers to marine commerce
and immediately related activities, including but not limited to
port development; channel construction and maintenance;
commercial and sport fishing; recreational boating; industrial
site locations; transportation, shipping, and storage facilities;
pollution abatement facilities; and all other activities
necessary or appropriate to the promotion of marine commerce; but
specifically does not refer to residential development.
(c) In making application for a lease of state owned lands or
flats, the district shall include the following information:
(1) a description of the lands or flats sought to be leased;
(2) a plan showing how it proposes to utilize the land and a
timetable indicating approximately when such utilization will
take place;
(3) a draft environmental impact statement assessing the effect
of the proposed use on the environment, which statement shall
generally conform to the requirements of the National
Environmental Policy Act, until such time as the legislature
shall impose different requirements; however, a draft
environmental impact statement shall not be required if the
proposed use requires no dredging, filling, or bulkheading. If
the proposed use does require dredging, filling, or bulkheading,
but the lease shall be processed as provided in Subsections (d),
(e), and (f) of this section without the filing of a draft
environmental impact statement if the applicant so requests in
writing; but in such a case, the School Land Board shall include
in the lease provisions requiring (i) that the draft
environmental impact statement required by federal law be filed
with the School Land Board before the district makes any use of
such lands or flats which requires dredging, filling, or
bulkheading; (ii) that approval of such use be obtained from the
School Land Board after copies of the summary of the draft
environmental impact statement and a description of the proposed
use are circulated for comment and a hearing held as provided in
Subsections (d) and (e) of this section and the School Land Board
shall be authorized to give its approval to make such amendments
to the lease as may then be deemed necessary by it as a result of
information developed in the draft environmental impact
statement; and (iii) that the lease shall cease to be effective
at a time specifically stated in the lease unless prior to that
time accord concerning environmental issues has been reached
between the district and the School Land Board;
(4) proof satisfactory to the board establishing the public
convenience and necessity for acquisition of lands sought to be
leased.
(d) Upon receipt of an application and accompanying information,
the School Land Board shall submit copies thereof to the member
agencies of the Interagency Council on Natural Resources and the
Environment and all other appropriate state agencies for review
and comment. In addition, the board shall submit for review and
comment the proposed terms and conditions of the lease. The board
shall allow 30 days for such review and comment, and may extend
the review period for an additional 30 days upon written request
by the executive director of any state agency.
(e) Following the expiration of the period provided for review
and comment, or following the expiration of the 30 day extension
of such period, if applicable, the School Land Board shall cause
a hearing to be held in the county in which the land proposed to
be leased is located. Notice of the hearing shall be given by
publication for at least three days, not less than two weeks nor
more than four weeks prior to the hearing, in the daily paper
having the greatest circulation in the county. Members of the
board or their designated representatives shall conduct the
hearing, at which any party may offer testimony in support of or
in opposition to the application, and the board shall consider
the record of the hearing in making a decision on the
application.
(f) After submission of all evidence, the School Land Board
shall authorize the issuance or denial of the proposed lease and
shall determine the reasonable cost to the district, term of
years, special limitations, if any, and other conditions
necessary to best serve the interest of the general public. In
establishing the consideration to be paid to the state for the
lease, due weight shall be given to the depth of the water over
the submerged land, its proximity to development activities, and
its proposed use. Final action shall be taken by the board no
more than 60 days following the public hearing.
(g) The funds derived from the lease shall be paid to the
General Land Office for transfer to the proper funds of the
state.
(h) Districts may sublease lands leased from the state under the
provisions of this section to third parties for activities
reasonably related to navigation, but such sublease shall be
subject to the approval of the School Land Board according to the
procedures, requirements, and criteria set forth in Subsections
(c) and (d) of Section 61.116 of this code; provided, however,
that no approval by the School Land Board shall be required if
the sublease is for a purpose contemplated by the district and
approved by the board in the district's original lease. It is
further provided that no environmental impact statement shall
ever be necessary for any sublease which requires no dredging,
filling, or bulkheading, and which would not have a substantial
impact upon the environment, or which requires only insubstantial
dredging, filling, or bulkheading, as determined by the board;
nor shall a district in obtaining approval for a sublease under
any circumstances be required to reveal the name of the tenant to
whom the sublease is to be made.
(i) If lands or flats leased from the state under the provisions
of this section are utilized by the district or its sublessee for
any purpose or use not approved by the School Land Board, the
district shall be given notice and an opportunity to change and
correct the use. If the use is not changed and corrected within a
reasonable time after receipt of such notice, the lease may be
terminated by the School Land Board and the lands or flats shall
revert to the State of Texas.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 553, ch. 237, Sec. 1, eff.
June 11, 1973; Acts 1975, 64th Leg., p. 801, ch. 310, Sec. 2,
eff. May 27, 1975.
Sec. 61.117. LIMITATIONS ON SALES AND USE OF STATE LANDS AND
FLATS. (a) The State of Texas shall retain its rights in all
mines and minerals, including oil, gas, and geothermal resources,
in and under the land, together with the right to enter the land
for the purpose of development when it leases land under Section
61.116 of this code.
(b) All leases of land under Section 61.116 are subject to oil,
gas, or mineral leases in existence at the time of the lease to
the district.
(c) Any land which has been franchised or leased or is being
used by any navigation district or by the United States for the
purpose of navigation, industry, or other purpose incident to the
operation of a port shall not be entered or possessed by the
State of Texas or by anyone claiming under the State of Texas for
the purpose of exploring for oil, gas, or other minerals except
by directional drilling. No easement, lease, or permit may be
granted on land which has been leased to a navigation district
which will interfere with the proposed use of the land by the
navigation district, and the prior approval of the navigation
district shall be obtained for such purpose.
(d) No surface drilling location may be nearer than 660 feet and
special permission from the Commissioner of the General Land
Office is necessary to make any surface location nearer than
2,160 feet, measured at right angles from the nearest bulkhead
line designated by a navigation district or the United States as
the bulkhead line or from the nearest dredged bottom edge of any
channel, slip, or turning basin which has been dredged, or which
has been authorized by the United States as a federal project for
future construction, whichever is nearer.
(e) In the event land is leased to a navigation district for
construction of a navigation project, the School Land Board may
in the lease designate the district to be the agent of the State
of Texas with authority to grant to the United States of America
such easements for dredging and disposal of dredged material as
may be required for federal participation in the project. In
designating the district to be the agent of the State of Texas
for the purpose of granting spoil easements, the board may
include a requirement that the district obtain the approval of
the board before granting any such easement. Such approval may be
given in the form of accepting a master plan for spoil disposal.
(f) Districts which, prior to the enactment of this provision,
have obtained patents to state owned lands or flats under Article
8225, Revised Civil Statutes of Texas, 1925, or under any general
or special act, and which still claim title to any such lands or
flats, may not hereafter dispose of any such lands or flats which
were conveyed to them by the State of Texas and may not lease
such lands or flats for a use for which districts are not
authorized to lease their other lands; however, in the event a
district possesses lands it finds to be in excess of its needs,
it may sell such surplus lands or flats back to the State of
Texas for the same consideration as originally paid to the state
or exchange them for other lands with the State of Texas. It is
further provided that the limitation on resale of lands or flats
acquired from the State of Texas shall not prevent a district
from exchanging such lands or flats for land, or rights in land,
of an adjacent littoral owner for the purpose of adjusting or
straightening the boundary between such lands. All such exchanges
made after December 31, 1973, shall be subject to the approval of
the School Land Board.
(g) Any district which, prior to the effective date of this Act
has maintained, and which at the effective date of this Act is
maintaining, any channel, dredged material disposal site, or
other navigational aid or improvement on state owned lands to
which the district holds no patent or lease from the state shall
notify the General Land Office of the boundaries of such
submerged land used by furnishing a map or other drawing
acceptable to the General Land Office.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 555, ch. 237, Sec. 2, eff.
June 11, 1973; Acts 1975, 64th Leg., p. 803, ch. 310, Sec. 3,
eff. May 27, 1975.
Sec. 61.118. CONSTRUCTION CONTRACTS. (a) Except as provided in
this section, the provisions of Chapter 3, Title 128, Revised
Civil Statutes of Texas, 1925, governing water control and
preservation districts which relate to advertising for, awarding,
and performing contracts for the construction of improvements and
work authorized by law shall apply to construction contracts made
under this subchapter.
(b) The bidder's deposit for a construction contract shall be
five percent of the amount bid, and the contractor's bond shall
be for not less than 25 percent of the contract price.
(c) The contract shall be signed by at least two of the
commissioners, and the partial payments made under the contract
shall not be more than 90 percent of the contract price.
(d) In case of public calamity or extreme emergency which makes
it necessary to act at once to preserve the property of the
district and its residents or in case of unforeseen damage to the
property or equipment of the district, the provisions of this
section requiring advertisement for bids under Article 7853,
Revised Civil Statutes of Texas, 1925, may be waived. In any of
these situations, the commission shall record in the minutes of
the district that an emergency exists and the facts which gave
rise to the emergency.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.119. INTEREST IN CONTRACT OF NAVIGATION DISTRICT. If
the county judge, a county commissioner, a member of the board or
the commission, or the engineer shall directly or indirectly
become interested in a contract for work to be done by the
district or in any fee paid by the district, which would allow
him to receive any money consideration or other thing of value
except in payment of services as provided by law, on conviction
he shall be confined in jail for not less than six months nor
more than one year.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.120. LAWS GOVERNING CERTAIN FUNCTIONS OF DISTRICT.
Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925,
relating to eminent domain, employment and duties of the district
engineer, cooperation with the federal government, and the
director's annual report shall apply to this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER E. PORT FACILITIES
Sec. 61.151. AUTHORITY TO OPERATE AND DEVELOP PORT FACILITIES.
(a) A district created for the development of deep-water
navigation which includes a city with a population of more than
100,000, according to the last preceding federal census, may
operate and develop ports and waterways inside the district and
extending to the Gulf of Mexico.
(b) The district may acquire, purchase, take over, construct,
maintain, operate, develop, and regulate wharves, docks,
warehouses, grain elevators, bunkering facilities, belt
railroads, floating plants, lighterage, land, towing facilities,
and other facilities or aids incident to or necessary to the
operation or development of ports and waterways.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.152. PETITION. (a) If the board decides to exercise
the rights, powers, and authority provided in this subchapter, it
shall certify this desire to the commissioners court and shall
submit a petition requesting that an election be held.
(b) The commissioners court shall schedule a hearing on the
petition not less than 30 nor more than 60 days after the date of
the petition. The hearing may be held at any place designated by
the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.153. HEARING: TESTIMONY. Any person who may be affected
may appear before the board on the day of the hearing and contest
the necessity, advisability, or practicability of the election
and may offer testimony in favor of or against the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.154. ELECTION ORDER. After the hearing, if the board
determines that the election should be held, the commissioners
court shall order an election to determine whether or not the
district should adopt the rights, powers, and authority provided
in this subchapter. The order shall include the date on which the
election will be held.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.155. BALLOTS. The ballots for the election shall be
printed to provide for voting for or against the following
proposition: "The development of the port by the navigation
district."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.156. ELECTION EXPENSE. The district shall pay the
expense of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.157. DECLARATION OF RESULTS. If the result of the
election favors the development of a port by the district, the
commissioners court shall declare the result and shall enter in
the minutes of the commissioners court the following declaration:
"Commissioners Court __________ County, Texas, __________ term
A.D. __________, in the matter of the petition of the navigation
board, requesting that the right, power, and authority be granted
to the navigation district to develop the port of __________
(enter the name of the municipality). Be It Known, that at an
election called for that purpose in the district, held on the
__________ day of __________ A.D. __________, a two-thirds
majority of the electors voting on the proposition voted to
develop port facilities.
"Now, Therefore, It is considered and ordered by the
commissioners court that the district is authorized to proceed
with the development of the port as authorized by law."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.158. APPOINTMENT OF COMMISSIONERS. (a) If the
provisions of this subchapter are adopted by a district, the
district shall be managed, governed, and controlled by a
commission composed of five commissioners, who shall be subject
to the supervision and control of the board.
(b) Two of the commissioners shall be appointed by a majority of
the city council of the municipality having a population of
100,000 or more, and two of the commissioners shall be appointed
by a majority of the commissioners court.
(c) The chairman of the commission shall be the fifth member and
shall be elected by majority vote of the city council and
commissioners court meeting in joint session called by the county
judge.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.159. TERM OF OFFICE: REMOVAL: SUCCESSION. (a) Except
for the original appointments, each commissioner shall serve for
a term of two years and until his successor is qualified.
(b) One of the original appointees of the city council and one
of the commissioners court shall serve for one year. The other
original appointees shall serve for two years.
(c) Each commissioner shall serve his full term unless removed
by the authority which appointed him. He may be removed for
malfeasance, nonfeasance in office, inefficiency, or other
sufficient cause.
(d) If a vacancy occurs through death, resignation, or other
reason, the vacancy shall be filled in the manner provided for
making the original appointment.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.160. QUALIFICATIONS; COMPENSATION; AUTHORITY. (a) Each
commissioner shall be a freehold property taxpayer and a
qualified elector in the district.
(b) Each commissioner shall execute a bond and shall subscribe
the required oath.
(c) Each commissioner is entitled to receive the compensation
provided by the board.
(d) A majority of the commissioners shall have the authority to
act, and all acts of the commission are subject to the
supervision of the board.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.161. EMINENT DOMAIN. (a) The district may exercise the
power of eminent domain.
(b) A district created under this chapter may elect to take
advantage of the condemnation procedure provided in Subchapter F
of Chapter 51 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.162. LEASE AND RENTAL OF FACILITIES. A district may
acquire and take over, by lease or rental agreements, for a
period of not less than 25 years, the docks, wharves, buildings,
railroads, land, improvements, and other facilities already
provided, constructed, or owned by any incorporated municipality
situated within the district only with the consent of the lawful
authorities of the municipality and on terms mutually agreed on
by the district and the municipality.
(1) No agreement for the use, acquisition, or operation of the
property or facilities of the municipality by the district shall
be for a lease or rental value which is more than the annual net
revenue derived or to be derived by the district after payment of
the expenses of operation and maintenance of the property and
facilities.
(2) The district shall have no supervision or control over the
property or facilities owned, controlled, or constructed by the
municipality until agreement for the lease and rental of the
property by the district has been made.
(3) A district that is leasing land or facilities from a
municipality may purchase or acquire the property in the manner
provided in this subchapter.
(4) The commission and the officials of the municipality shall
be authorized to enter into an agreement stating the land and
facilities to be acquired, the amount agreed on as the purchase
price, and the terms of the sale.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.163. UNIMPROVED LAND. (a) A district which acquires,
leases, or takes over unimproved land owned or controlled by any
incorporated municipality, may pay for the use, rental, or hire
of the land a price or rental value to be fixed by the
commission.
(b) If the commission fails or is unable to agree on terms and
conditions for the use and rental of the unimproved land, then
the district, through the power of eminent domain, may condemn
the land or parts of the land which it thinks the interest of the
district requires.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.164. FRANCHISES. (a) The district may grant franchises
to persons or corporations on property owned or controlled by the
district if the franchises are granted for purposes consistent
with the provisions of this subchapter.
(b) No franchise shall be granted for longer than 30 years nor
shall a franchise be granted except on the affirmative vote of a
majority of the commissioners at three separate meetings of the
commission which meetings may not be closer together than one
week.
(c) No franchise shall be granted until after the franchise in
its final form is published in full at the expense of the
applicant, once a week for three consecutive weeks in a daily
newspaper of general circulation published inside the district.
(d) The franchise shall require the grantee to file his or their
written acceptance within 30 days after the franchise is finally
approved.
(e) Nothing in this section shall be construed as preventing the
district from granting revocable licenses or permits for the use
of limited portions of waterfront or facilities for purposes
consistent with this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, Sec. 15, eff.
May 13, 1971.
Sec. 61.165. FRANCHISE ELECTION. If the commission determines
that a proposed franchise should be submitted to a vote of the
people, it shall so certify to the commissioners court, and the
commissioners court shall order an election on the matter at the
earliest legal time.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.166. BALLOTS. (a) The ballot shall explain the nature
of the franchise sufficiently to identify it.
(b) The ballots shall be printed to provide for voting for or
against the following proposition: "The franchise."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.167. ELECTION RESULT. If at the election a majority of
those voting approve the franchise, it shall be granted. If those
voting do not approve the franchise, it shall have no force and
effect.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.168. PETITION PROTESTING FRANCHISE. The franchise may
be suspended from taking effect if, before the date when the
franchise is granted, a petition signed by qualified voters of
the district equal to 10 percent of the total vote cast in the
last general election for state officers is presented to the
commissioners court protesting the enactment or granting of the
franchise. Immediately after the petition is filed, the
commissioners court shall order an election on the proposed
franchise. The election shall be governed by the provisions of
Sections 61.164 and 61.165.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.169. CONTRACTS. The provisions governing the award of
contracts by districts shall apply in all cases consistent with
the provisions of this subchapter except that in case of
emergency contracts may be let by the commission for not more
than $5,000 without advertisement for bids. In case of urgent
necessity or present calamity, advertisement for bids may be
waived.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 804, ch. 299, Sec. 1, eff.
Aug. 29, 1977.
Sec. 61.170. AUTHORITY TO INCUR DEBT. (a) The district may
issue bonds for the purposes stated in Section 61.151 of this
code and for the purpose of
(1) acquiring necessary land, rights-of-way, or dumping grounds;
(2) extension or improvement of belt railway lines; or
(3) construction of improvements, wharves, docks, or other
facilities or aids to navigation.
(b) The obligations may be secured by liens on the property
acquired, constructed, or improved. Available revenue may be
pledged as additional security.
(c) The district may borrow funds for current expenses and may
evidence the debt by warrants payable not later than the close of
any calendar year for which the loans are made. The warrants
shall never exceed the anticipated revenue.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.171. BONDS. (a) On compliance with the provisions of
this subchapter the district may issue bonds to pay for the
improvements and facilities and to acquire the property
authorized in this subchapter.
(b) The district also may issue bonds to purchase wharves,
docks, warehouses, bunkering facilities, belt railroads, land to
be used for port purposes and development, or other facilities
constructed or owned by the municipality.
(c) An election shall be held to approve the issuance of the
bonds, and the bonds shall be issued in the manner provided by
this chapter for issuing other bonds.
(d) The outstanding bonds and the additional bonds may not
amount to more than 10 percent of the assessed value of real
property in the district as shown by the last annual assessment
made for the county and state.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.172. FINANCING PURCHASES. (a) The commission may have
issued in the manner provided in this chapter bonds of the
district in an amount that represents the purchase price of the
land or facilities less any outstanding bonds previously issued
by the municipality.
(b) The bonds shall be issued, registered, and sold in the same
manner as other bonds of the district, and the proceeds shall be
paid to the municipality.
(c) If the municipality has outstanding bonds, the district
shall assume payment of these bonds and interest, and the
commissioners court shall levy a tax sufficient to pay the
interest due and the principal due at the maturity of the bonds.
The taxes shall be collected as other taxes are now collected,
and payment shall be made to the city by the commission on or
before the due dates of interest and principal for the sole
purpose of paying the interest on and principal of the
outstanding bonds.
(d) The municipality shall not be released from any obligation
to the owners and holders of any outstanding bonds issued on
account of the land or facilities purchased.
(e) The municipality shall not levy, assess, and collect any tax
for interest and sinking fund unless the payment from the
district shall fail in whole or in part. In the event of such
failure, the municipality shall levy and collect the tax
necessary to discharge the interest and meet the principal of the
outstanding bonds and shall continue to do so until the amounts
are paid. Also, the municipality may collect any and all amounts
paid on account of the district from the district and in event of
the continued failure to make the payments by the district, the
municipality may take back the facilities.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.173. ELECTION ON THE PURCHASE OF FACILITIES. (a) No
bonds shall be issued or tax levied until the question of
purchase of the facilities is submitted to a vote of the people
in the district.
(b) In addition to the requirement for submitting bonds to a
vote, the notice of election shall include:
(1) a copy of the agreement;
(2) the amount of outstanding bonds;
(3) the amount of bonds sought to be issued by the district; and
(4) the amount of taxes required to be levied.
(c) The election shall be called and held in the same manner as
other elections for bonds, and the ballots shall provide for
voting for or against the proposition: "The purchase of municipal
facilities and the issuance of bonds and levy of a tax to pay for
the bonds."
(d) If the election should carry by a two-thirds vote of the
electors voting at the election, then the proposition shall be
declared carried and the bonds shall be issued and sold, and the
necessary taxes levied in accordance with the provisions of this
subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.174. EMPLOYEES; COUNTY AUDITOR, DUTIES AND COMPENSATION.
(a) The commission may employ all persons necessary for the
construction, maintenance, operation, and development of the
business and facilities of the district and may prescribe their
duties and fix their compensation.
(b) The county auditor, as auditor for the district having large
port facilities, shall make such additional reports and perform
such accounting services in addition to those now required by law
as may be reasonably incident to the proper conduct of the
business of the district.
(c) Compensation for the county auditor who shall act under this
section shall be determined by the judge of the district court or
courts having jurisdiction in the county after a hearing with
respect to the amount and value of the services performed. The
amount shall be paid monthly from funds of the navigation
district, and the maximum amount which may be allowed by the
district judge for the services shall not be more than the amount
now being paid.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.175. POWERS. (a) A district operating under this
subchapter shall have all the rights, powers, and authority
granted by this chapter and shall have all the authority granted
by general or special law to navigation districts.
(b) A district operating under this subchapter shall also have
the fullest powers consistent with the state constitution for the
regulation of wharfage and of all facilities relating to the
port, waterways, and district.
(c) The district may assess and collect charges for the use of
all facilities acquired or constructed in accordance with the
provisions of this subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.176. CITY POLICE POWERS. Nothing in this subchapter
shall repeal or affect the police powers of any municipality
inside the district, or any law, ordinance, or regulation
authorizing and empowering the municipality to exercise the
powers relating to any navigable stream or aids to navigation and
facilities in a navigation district, not in conflict with this
subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER F. GENERAL FISCAL PROVISIONS
Sec. 61.211. MAINTENANCE FUND. (a) After the district is
created all expenses necessarily incurred after the petition was
filed in connection with the creation, establishment, and
maintenance of the district shall be paid out of the construction
and maintenance fund of the district.
(b) The fund shall consist of all money received from the sale
of bonds and all other amounts received by the district from any
source, except tax collections applied to the sinking fund and
payment of interest on the navigation bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.212. DISTRICT DEPOSITORY. The commission shall select a
depository for the district as provided by Section 60.271.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1400, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER G. BOND AND TAX PROVISIONS
Sec. 61.231. ISSUANCE OF BONDS. When the commission determines
the cost of the proposed improvements, the expenses incident to
the improvements, and the cost of maintenance of the
improvements, it shall certify to the commissioners court the
amount of bonds necessary to be issued. The commissioners court,
at a regular or special meeting, shall issue an order directing
the issuance of bonds for the district in the amount certified
which shall not be more than the amount authorized by the
election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.232. LIMITATION ON BOND ISSUE. Outstanding bonds and
additional bonds which are authorized may not be more than
one-fourth of the assessed value of the real property in the
district, as shown by the last tax roll for the district.
Acts 1971, 62nd Leg., p. 110, 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. 61.233. REQUISITES OF BONDS. (a) All bonds issued under
the provisions of this subchapter shall be issued in the name of
the district, signed by the county judge, and attested by the
county clerk under the seal of the commissioners court.
(b) The bonds shall be issued in such denominations and payable
at such time or times, not more than 40 years from their date, as
the commissioners court considers expedient.
(c) All provisions of Chapter 57 of this code governing the
approval, registration, and validity of bonds of levee
improvement districts shall apply to bonds issued under this
subchapter.
(d) The commissioners court or the board shall require a record
to be kept of the bonds by the district treasurer the same as for
bonds of levee improvement districts.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.234. SALE OF BONDS. (a) After the bonds are
registered, the chairman of the commission shall offer them for
sale and shall sell the bonds for the best price possible.
(b) Money received from the sale of the bonds shall be paid
immediately to the district treasurer, and he shall deposit it to
the credit of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.235. CHAIRMAN'S BOND. Before the chairman of the
commission may sell the bonds, he shall execute a good bond,
payable to the county judge and his successors, in an amount
fixed by the commission, conditioned on the faithful discharge of
his duties. The bond shall be approved by the county judge.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.236. TAX LEVY. (a) When bonds have been approved, the
commissioners court annually shall levy and have assessed and
collected improvement taxes sufficient to pay the interest on the
bonds and to provide a sinking fund to redeem the bonds at
maturity.
(b) The commissioners court shall also at the time of the levy
of taxes for county purposes, levy and have assessed and
collected for the maintenance, operation, and upkeep of the
district and its improvements an annual tax of not more than 10
cents on each $100 valuation.
(c) The commission shall determine a rate within the 10-cent
limit as the necessary amount for the maintenance, operation, and
upkeep of the district and its improvements. The rate shall be
certified to the commissioners court by the commission.
(d) Taxes shall be levied on all property inside the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.237. ASSESSMENT AND COLLECTION OF TAXES. The tax
assessor and collector of each county in the district shall
assess and collect district taxes.
Acts 1971, 62nd Leg., p. 110, 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. 61.238. ADDITIONAL BOND ISSUE. (a) If the proceeds of the
original bonds are insufficient to complete the proposed
improvements or construction, or if the commission decides to
undertake further construction or improvements or requires
additional funds with which to maintain the existing
improvements, it shall certify to the commissioners court the
necessity for an additional bond issue, stating:
(1) the amount required;
(2) the purpose of the additional bonds;
(3) the rate of interest on the bonds; and
(4) the term of the bonds.
(b) The commissioners court, on receipt of this information,
shall issue the bonds, unless the amount previously authorized
has been exhausted, in which case the commissioners court shall
first order an election on the issuance of the bonds to be held
inside the district at the earliest possible legal time.
(c) The ballots for the issuance of additional bonds shall be
printed to provide for voting for or against the proposition:
"The issuance of bonds and the levy of a tax to pay for the
bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 61.239. SINKING FUND INVESTMENTS. The commissioners court
may invest the sinking fund in county, municipal, district, or
other bonds approved by the attorney general.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.