CHAPTER 63. SELF-LIQUIDATING NAVIGATION DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 63. SELF-LIQUIDATING NAVIGATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 63.001. DEFINITIONS. As used in this chapter:
(1) "District" means a self-liquidating navigation district.
(2) "Board" means the navigation board.
(3) "Commission" means the board of navigation and canal
commissioners.
(4) "Commissioner" means a member of the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT
Sec. 63.021. SELF-LIQUIDATING DISTRICTS. (a) All navigation
districts organized under the provisions of Article XVI, Section
59, of the Texas Constitution, and the provisions of Chapter 62
of this code, or organized under any local and special law
enacted under the provisions of Article XVI, Section 59, of the
Texas Constitution, which have voted bonds but have not issued or
disposed of the bonds, and all districts organized under the
provisions of this chapter are self-liquidating in character and
may be made self-supporting and return the construction cost of
the district within a reasonable period by tolls, rents, fees,
assessments, or other charges other than taxation.
(b) The district shall be considered as coming originally within
the scope of this chapter, and the proceedings in Sections
63.039-63.044 of this code are not required as a prerequisite to
the exercise of the rights, powers, privileges, and benefits of
this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.022. CREATION. A district of the character provided in
Section 63.021 of this code may be created as provided in this
chapter to operate under the provisions of Article XVI, Section
59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.023. AREA INCLUDED IN DISTRICT. A district may include
all or part of a village, town, city, road district, drainage
district, irrigation district, levee district, other improvement
district, conservation and reclamation district, 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. 63.024. PETITION TO CREATE SINGLE-COUNTY DISTRICT. (a) To
create a district located wholly in one county, a petition signed
by 25 of the electors, or if there are fewer than 75 electors in
the proposed district, by one-third of them, shall be presented
at any regular or special session of the commissioners court of
the county in which the land to be included in the district is
located.
(b) The petition shall include:
(1) a request for the establishment of a 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; and
(5) the designation of a name for the district which shall
include the name of the county.
(c) A deposit of $500 and 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. 63.025. PETITION TO CREATE DISTRICT IN TWO COUNTIES. (a)
If the proposed district is located in two counties, a petition
of the nature provided in Section 63.024 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 residents in the
territory of each county to be included in the proposed district
or if there are fewer than 75 residents in the territory of
either of the counties, then by one-third of the residents and
shall be accompanied by a deposit of $500.
(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. 63.026. NAVIGATION BOARD. (a) The navigation 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.
(b) A majority in number of the persons composing the board
shall constitute a quorum, and the action of a majority of the
quorum shall control.
(c) The board shall pass on the petition to create the district
and the election to approve creation of the district with each
individual member having one vote.
(d) The duties and powers of the county judge and members of the
commissioners court, the mayor and aldermen or commissioners of
cities, and the county clerk and other officers are a part of the
legal duties of the officials 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. 63.027. HEARING. At the same session the petition is
presented, the commissioners court shall order a hearing to be
held at a regular or special session of the commissioners court,
not less 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. 63.028. 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 inside the boundaries of the proposed district.
(b) If the district is composed of more than one county, the
notices provided in Subsection (a) of this section shall be
posted in each county.
(c) The notices shall be posted not less than 20 days
immediately preceding the day set for the hearing.
(d) The clerk is entitled to receive $1 for each notice he posts
and five cents a mile for each mile necessarily traveled to post
the notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.029. HEARING BY NAVIGATION 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
before the board at the regular meeting place of the
commissioners court.
(b) The commissioners court shall order a hearing before the
board not less than 30 nor more than 60 days from the day the
petition is presented without reference to any term of the court,
and notice of the hearing shall be given as provided in Section
63.028.
(c) The county 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. 63.030. 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
and all matters relating to the creation of the proposed
district.
(b) The commissioners court or the board may adjourn the hearing
from day to day, and all judgments or decisions shall be final
unless otherwise provided in this chapter.
(c) Any person who has taxable property in the proposed district
or 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. 63.031. 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 if it does not approve the boundaries in the
petition, the court or board shall define the boundaries of the
district which are approved.
(b) Changes may not be made in the proposed boundaries until
notice is given and a hearing held in the manner provided in this
subchapter.
(c) If the commissioners court or board finds that the proposed
improvement is not feasible or practicable, or that it would not
be a public benefit or public utility and that the establishment
of the district is unnecessary, the court or board shall make
these findings and dismiss the petition at the cost of
petitioners. Dismissal of the petition shall not prevent
presentation of another petition at a later date.
(d) The commissioners court or the board shall enter all
findings in its records or minutes, together with a map of the
district if the boundaries in the petition are changed.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.032. 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 of bonds to be issued, the maximum term for which the
bonds will run, and the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.033. ELECTION ORDER. (a) If the commissioners court or
the board finds in favor of the creation of the district, the
commissioners court of the county of jurisdiction shall order an
election and submit to the electors residing in the district the
proposition of whether or not the district shall be created and
whether or not the bonds shall be issued and a tax levied
sufficient to pay the interest and provide a sinking fund to
redeem the bonds at maturity.
(b) The election order shall specify the amount of the bonds to
be issued, the term for which the bonds will run, and the rate of
interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.034. NOTICE OF ELECTION. (a) The clerk of the court of
jurisdiction shall give notice of the election by posting notices
at the courthouse door of the county in which the district is
located and at four other public places in the proposed district.
(b) If the district is composed of more than one county, the
notices shall be posted in each county.
(c) The notices shall be posted for 30 days immediately
preceding the time set for the election.
(d) The notices shall include:
(1) the time and place of the election;
(2) the proposition to be voted on;
(3) the purpose for which the bonds are to be issued;
(4) the amount of the bonds; and
(5) a copy of the election order.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.035. BALLOTS. The ballots for the election shall be
printed to provide for voting for or against: "The 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. 63.036. CONDUCT OF ELECTION. 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 the judges and other necessary election officials
and shall hold the election at the earliest legal time.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.037. RETURNS OF ELECTION. (a) Immediately after the
election, the officers holding the election shall make returns of
the result to the commissioners court of jurisdiction and return
the ballot boxes to the clerk of the court.
(b) The clerk shall keep the ballot boxes safely and deliver
them, together with the returns of the election, to the
commissioners court at its next regular or special session.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.038. DECLARATION OF RESULT. The court shall canvass the
vote and return at the session when it receives the ballot boxes
and returns of the election. If it finds that a majority of those
voting at the election voted in favor of the proposition, the
court shall declare the result of the election to be in favor of
the district, issuance of the bonds, and the levy of the tax, and
shall enter the following declaration in its minutes:
"Commissioners Court of __________ County, Texas, __________ term
A.D. __________, in the matter of the petition of __________ and
__________ and others praying for the establishment of a
navigation district, and issuance of bonds and levy of taxes in
said petition described and designated by the name of __________
Navigation District. Be it known that at an election called for
the purpose in said district, held on the __________ day of
__________ A.D. __________ a majority of the electors voting
thereon voted in favor of the creation of said navigation
district, and the issuance of bonds and levy of a tax. Now,
therefore, it is considered and ordered by the court that said
navigation district be, and the same is hereby established by the
name of __________ Navigation District, and that bonds of said
district in the amount of __________ dollars be issued, and a tax
of __________ cents on the $100, valuation, or so much thereof as
may be necessary to be levied upon all property within said
navigation district, whether real, personal, mixed or otherwise,
sufficient in amount to pay the interest on such bonds and
provide a sinking fund to redeem that at maturity, and that if
said tax shall at any time become insufficient for such purpose
same shall be increased until same is sufficient. The metes and
bounds of said district being as follows: (Giving metes and
bounds)."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.039. CONVERSION OF DISTRICT. Any navigation district
organized under the provisions of Article XVI, Section 59, of the
Texas Constitution, or Article III, Section 52, of the Texas
Constitution, and not originally within the scope of this
chapter, may be converted into a self-liquidating district
operating under this chapter in the manner provided in Sections
63.040-63.044 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.040. RESOLUTION TO CONVERT. (a) The commission, by
resolution entered in the minutes, shall declare that in its
judgment it is for the best interest of the district and will
benefit the land and property in the district to operate under
the provisions of this chapter, permitting the district to become
self-liquidating and to return the construction cost within a
reasonable period by means of tolls, rents, fees, assessments, or
other charges other than taxation.
(b) The commission shall designate in the resolution the
sections of this chapter under which the district wishes to
operate.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.041. NOTICE. (a) Notice of the adoption of a
resolution under Section 63.040 of this code shall be given by
publishing the resolution in a newspaper with general circulation
in the county or counties in which the district is located.
(b) The notice shall be published once a week for two
consecutive weeks with the first publication not less than 14
full days before the day set for a hearing.
(c) The notice shall:
(1) state the time and place of the hearing;
(2) set out the resolution in full; and
(3) notify all interested persons to appear and offer testimony
for or against the proposal contained in the resolution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.042. HEARING. The hearing may be adjourned from day to
day until all interested persons have had an opportunity to
appear and present testimony.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.043. FINDINGS. (a) If at the hearing the commission
finds that conversion of the district into a district operating
under this chapter would serve the best interest of the district
and would be a benefit to the land and property included in the
district, it shall enter an order making this finding.
(b) If the commission finds that the conversion of the district
would not serve the best interest of the district and would not
be a benefit to the land and property included in the district,
it shall enter an order against conversion of the district into
one operating under this chapter.
(c) The adverse findings of the commission shall be final and
not subject to appeal or review.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.044. EFFECT OF CONVERSION. If the finding of the
commission is favorable to the resolution, the commission shall
have the same right, power, and authority to act under the
provisions of this chapter adopted by the resolution as if the
district had originally come within the scope of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 63.081. APPOINTMENT OF COMMISSIONERS. After a district is
created, the commissioners court shall appoint three navigation
and canal commissioners, whose duties are provided in this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.082. 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. 63.083. VACANCIES. All vacancies in the office of
appointed commissioner occurring through death, resignation, or
otherwise shall be filled by the remaining commissioners or, if
only one commissioner remains, by the remaining commissioner and
the district judge residing in the county in which a majority of
the acreage of the district is located.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.084. OATH. In addition to the constitutional oath
provided for county commissioners, before beginning to perform
his duties each appointed commissioner shall take and subscribe
before the county judge of the county of jurisdiction an oath to
discharge faithfully the duties of his office without favor or
partiality.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.085. BOND. Before beginning to perform his duties, each
appointed commissioner shall execute a good and sufficient bond
for $1,000, payable to the county judge of the county of
jurisdiction for the use and benefit of the district, conditioned
on the faithful performance of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.086. TERM OF OFFICE. Each commissioner shall hold
office for four years and until his successor has qualified after
appointment or election.
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. 14, eff.
Jan. 1, 1984.
Sec. 63.087. OPTIONAL TERM OF OFFICE. (a) The commission may
provide by resolution for six-year staggered terms of office for
commissioners with the term of one commissioner expiring every
two years.
(b) At the first election of commissioners after a resolution is
adopted under this section, three commissioners shall be elected.
After the commissioners have taken the oath of office and
executed bonds, they shall draw lots to determine who will serve
for a two-year term, who will serve for a four-year term, and who
will serve for a six-year term.
(c) Successors to the commissioners elected under the provisions
of Subsection (b) of this section shall serve for full six-year
terms.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.088. COMMISSION ORGANIZATION AND QUORUM. The commission
shall organize by electing one of their members 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. 63.089. ELECTION OF COMMISSIONERS. (a) An election shall
be held in the district on the first Tuesday after the first
Monday in November of each even numbered year to elect the three
commissioners. However, the commissioners may, by adopting an
order duly entered on the minutes, determine to hold the election
on the first Tuesday after the first Monday in October of each
even numbered year to elect the commissioners authorized by law.
(b) Section 41.001(a), Election Code, requiring that certain
elections be held on specified uniform dates, and Section 41.003,
Election Code, allowing only certain elections to be held on the
date of the general election for state and county officers, do
not apply to the election provided for in this section.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, Sec.
9, eff. Sept. 1, 1971; Acts 1973, 63rd Leg., p. 1129, ch. 427,
Sec. 1, eff. June 14, 1973; Acts 1977, 65th Leg., p. 1978, ch.
791, Sec. 1, eff. Aug. 29, 1977; Acts 1991, 72nd Leg., ch. 522,
Sec. 1, eff. Sept. 1, 1991.
Sec. 63.0895. JOINT ELECTION WITH COUNTY. (a) The commission
of a district that is situated wholly in one county and that
holds its commissioners' election on the first Tuesday after the
first Monday in November of each even-numbered year may, by
adopting an order duly entered on the minutes, elect to hold the
commissioners' election jointly with the general election for
state and county officers as provided by this section. Not later
than the 90th day before election day, a copy of the order shall
be mailed to the county election officer.
(b) The commission shall order the commissioners' election not
later than the 70th day before election day.
(c) The commission shall give notice of the commissioners'
election in the manner provided by Section 63.093(a) of this
code. The notice must state the official mailing address to which
voters of the district may mail applications for absentee ballots
to be voted by mail. The notice shall be published once a week
for two consecutive weeks in a newspaper published in the
district or, if a newspaper is not published in the district, in
a newspaper of general circulation in the district. The first
publication shall be made not later than the 65th day nor earlier
than the 70th day before election day.
(d) A candidate for the office of commissioner must file
documents as required by Title 15, Election Code, with the
secretary.
(e) A candidate for commissioner must file an application for a
place on the ballot with the secretary not later than 5 p.m. of
the 56th day before election day. In addition, a candidate's name
may be placed on the ballot by petition of 20 or more qualified
electors of the district filed with the secretary by the filing
deadline.
(f) The county election officer shall establish the election
precincts for the commissioners' election. The election precincts
shall be coterminous with county election precincts to the extent
permitted by district boundaries.
(g) The county commissioners court shall designate common
polling places in the appropriate county election precincts for
use in the joint election. The voters of the district may be
served by a polling place located outside the boundary of the
district if the location can adequately and conveniently serve
the affected voters and will facilitate the orderly conduct of
the election.
(h) The county election officer is the absentee voting clerk for
the commissioners' election.
(i) An election officer, including a member of the absentee
ballot board, appointed to serve in the general election for
state and county officers shall serve in the same office in the
commissioners' election. A person who is eligible to serve as an
election officer in the general election for state and county
officers is eligible to serve in the same office in the
commissioners' election.
(j) The county election officer, subject to the approval of the
county election board, shall procure, allocate, and distribute
the equipment, ballots, forms, list of registered voters, and
other materials necessary to conduct the commissioners' election.
(k) The county election officer shall prepare a single ballot
containing all the offices to be voted on at a common polling
place. The office of commissioner shall appear on the ballot
after the precinct offices of the county government. The
secretary shall certify in writing for placement on the ballot
the name and address of each candidate for the office of
commissioner. The certification shall be delivered to the county
election officer not later than the 55th day before election day.
(l) If an election precinct established under Subsection (f) of
this section consists of only part of a county election precinct,
the county election officer shall deliver to the presiding
election judge a current description of the district boundary and
a map, if a map is available. The county election officer shall
deliver the district boundary information not later than the 30th
day before election day.
(m) The secretary of state shall prescribe any procedures
necessary to ensure that a voter is permitted to vote on the
office of commissioner only if the voter is a resident of the
district.
(n) One set of ballot boxes shall be used at a common polling
place for the deposit of ballots. The forms and records
maintained at a common polling place shall be combined in a
manner convenient and adequate to record and report the results
of each election.
(o) The county election officer is the general custodian of
election records for the commissioners' election.
(p) The precinct election returns for the joint election shall
be canvassed by the county commissioners court. The county judge
shall promptly deliver the results of the commissioners' election
to the commission.
(q) The commission shall issue a certificate of election to a
candidate elected to the office of commissioner.
(r) The county election officer and election officers, including
members of the absentee ballot board, appointed to serve in the
general election for state and county officers, are entitled to
additional compensation for serving in the commissioners'
election only if additional compensation is provided by the
commission.
(s) The commission shall reimburse the county election officer
for the expenses incurred in the conduct of the joint election
that would not have been incurred if the general election for
state and county officers had been held separately from the
commissioners' election.
(t) Sections 63.090, 63.091, 63.092, 63.093(b), and 63.094 of
this chapter do not apply to a commissioners' election held under
this section.
(u) In this section, "county election officer" means the county
elections administrator in counties having that position, the
county tax assessor-collector in counties in which the county
clerk's election duties and functions have been transferred to
the tax assessor-collector, and the county clerk in other
counties.
Added by Acts 1991, 72nd Leg., ch. 522, Sec. 2, eff. Sept. 1,
1991.
Sec. 63.090. PLACING NAMES OF CANDIDATES ON BALLOT. A candidate
for commissioner must file an application with the secretary not
later than 5 p.m. of the 45th day before the date of the election
to have the candidate's name printed on the ballot. Also, a
candidate's name may be placed on the ballot by petition of 20 or
more qualified electors of the district filed with the secretary
by the deadline stated in the preceding sentence.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 2, eff.
Aug. 29, 1977; Acts 1989, 71st Leg., ch. 1009, Sec. 5, eff. Sept.
1, 1989.
Sec. 63.091. POLLING PLACE. The commission shall designate the
polling place or places in the election order. If more than one
polling place is required, the board shall divide the district
into election precincts, which may be changed from time to time.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.092. ELECTION OFFICERS. The commission shall appoint
the election officers, consisting of one presiding judge, an
assistant judge, and two clerks, when the election is ordered.
Additional clerks may be appointed by the presiding judge when
necessary.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.093. NOTICE OF ELECTION. (a) The notice of the
election shall be signed by the president and secretary of the
commission and shall contain a copy of the election order.
(b) The notice shall be published once a week for four
consecutive weeks in a newspaper published in the district or, if
a newspaper is not published in the district, in a newspaper
located nearest to the boundaries of the district. The first
publication shall be made not less than 32 days nor more than 46
days before the day of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 3, eff.
Aug. 29, 1977.
Sec. 63.094. CONDUCT OF ELECTION. (a) The election officers
shall make and deliver the returns in triplicate. One copy shall
be retained by the presiding judge, one shall be delivered to the
chairman of the commission, and one shall be delivered to the
secretary.
(b) The ballot boxes and other election records and supplies
shall be delivered to the secretary at the office of the
district. All boxes containing voted or mutilated ballots shall
be preserved for six months, subject to the order of any court in
which an election contest is filed. The ballot boxes shall be
destroyed after six months unless a contrary order is entered by
a court of competent jurisdiction.
(c) The commission shall meet and canvass the returns of the
election not less than five full days nor more than seven days
after the election. If the returns cannot be canvassed within
seven days, they shall be canvassed as soon as possible after
seven days.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.0945. WRITE-IN CANDIDATES. (a) In an election to elect
a commissioner, a write-in vote may not be counted unless the
name written in appears on the list of write-in candidates.
(b) To be entitled to a place on the list of write-in
candidates, a candidate must make a declaration of write-in
candidacy.
(c) A declaration of write-in candidacy must be filed with the
authority with whom an application for a place on the ballot is
required to be filed in the election.
(d) Except as provided by Subsection (f), a declaration of
write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot
is required to be filed.
(e) Subchapter B, Chapter 146, Election Code, applies to
write-in voting in an election to elect a commissioner except to
the extent of a conflict with this subchapter.
(f) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
Added by Acts 1997, 75th Leg., ch. 1343, Sec. 3, eff. June 20,
1997. Amended by Acts 2003, 78th Leg., ch. 925, Sec. 8, eff. Nov.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 35, eff. September 1, 2005.
Sec. 63.095. VACANCIES ON COMMISSION. (a) A vacancy in the
office of elected commissioner shall be filled by appointment by
the commission itself for the unexpired term.
(b) If two vacancies occur at the same time, the remaining
commissioner shall call a special election to fill the vacancies.
(c) If the remaining commissioner fails to call a special
election within 15 days after the vacancies occur, or if the
third place is vacant also, the judge of the district court of
the judicial district in which the district is located may order
the election on the petition of any voter or creditor of the
district. The district judge shall fix the date of the election,
order the publication of notice of the election by the county
clerk, and name the officers to hold the election. The returns of
an election held by order of the district judge shall be made and
filed in the office of the clerk of the district court, and the
clerk shall declare the result of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.096. COMMISSIONER'S OATH. Each commissioner shall
subscribe an oath of office containing the applicable conditions
provided by law for members of the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.097. COMMISSIONER'S BOND. (a) Each commissioner shall
execute a good and sufficient bond for $1,000, payable to the
district, conditioned on the faithful performance of his duties.
(b) The commissioner's bond shall be approved by the commission
and by the district judge of the district court which has
jurisdiction over the territory of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 1129, ch. 427, Sec. 2, eff.
June 14, 1973.
Sec. 63.098. COMMISSIONER'S COMPENSATION. (a) Each
commissioner shall receive a fee of not more than $50 a day for
each day of service necessary to the discharge of his duties,
unless otherwise provided in accordance with Subsection (b) of
this section.
(b) The commission may provide by an order entered in its
minutes that compensation shall not be paid for the
commissioners' services for a period of more than two years from
the date of the order.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, Sec.
10, eff. Sept. 1, 1971; Acts 1977, 65th Leg., p. 159, ch. 79,
Sec. 1, eff. April 25, 1977.
Sec. 63.099. DISTRICT MANAGER. (a) The commission may employ a
general manager and give him full authority in the management and
operation of the affairs of the district, subject only to the
supervision of the commission.
(b) The commission shall fix the term of office and compensation
of the manager.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.100. DISTRICT ASSESSOR AND COLLECTOR. The commission
shall appoint one person to the office of assessor and collector
for the district. The assessor and collector shall be a qualified
elector and a resident of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.101. DEPUTY ASSESSOR AND COLLECTOR. The commission may
appoint one or more deputies to assist the assessor and collector
for a period of not more than one year.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.103. DEPUTY'S BOND. The assistant or assistants to the
assessor and collector appointed by the commission may or may not
be required to furnish bond with conditions similar to those
required of the assessor and collector.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.104. COMPENSATION OF ASSESSOR AND COLLECTOR AND DEPUTY.
The commission shall fix the compensation to be paid to the tax
assessor and collector or any deputy.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.105. ENGINEER. The commission may employ a competent
engineer whose term of office and compensation shall be
determined by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.106. LEGAL COUNSEL. The commission may employ an
attorney to represent the district in preparation of any
contract, to conduct any proceeding in or out of court, to be the
legal advisor of the commission, and to perform any other
function considered necessary. The attorney shall be retained on
the terms and for the fees which the commission determines and on
which the parties agree.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.107. DISTRICT EMPLOYEES. (a) The commission may employ
assistant engineers and other persons as it considers necessary
for the construction, maintenance, operation, and development of
the district, its business and facilities, and shall determine
their term of office and duties, and fix their compensation.
(b) All employees may be removed by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.108. BONDS OF OFFICERS AND EMPLOYEES. (a) Each officer
and employee charged with the handling of funds or property of
the district shall furnish a good and sufficient bond for a sum
sufficient to safeguard the district as determined by the
commission. The bond shall be payable to the district and
conditioned on the faithful performance of his duties and his
accounting of all funds and property of the district coming into
his hands.
(b) The bonds of other officers of the district shall be
approved by the commission and shall be filed for record in the
office of the district. The bonds shall be recorded in a book
kept for that purpose in the office of the district, and the book
shall be open to the inspection of the public during the office
hours of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The
commission may draw warrants to pay for legal services, for the
salaries of the engineer, his assistant, or any other employees,
and for all expenses incident and relating to the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.110. DISTRICT OFFICE. A regular office shall be
maintained for the conduct of the business of the district at a
place in the district designated by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.112. COURT ACTIONS. (a) A district established under
this chapter may sue and be sued, by and through its commission,
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. 63.151. AUTHORITY OF DISTRICT. All districts created under
this chapter are essential to the accomplishment of the
provisions of Article XVI, Section 59, of the Texas Constitution,
and are governmental agencies and bodies politic and corporate,
with the powers of government and authority to exercise the
rights, privileges, and functions conferred in this chapter and
by the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.152. PURPOSES OF DISTRICT. The district may make
improvements for:
(1) the navigation of inland and coastal water;
(2) the preservation and conservation of inland and coastal
water for navigation;
(3) the control and distribution of storm water and floodwater
of rivers and streams in aid of navigation; or
(4) any purpose stated in Article XVI, Section 59, of the Texas
Constitution, necessary or incidental to the navigation of inland
and coastal water.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.153. GENERAL AUTHORITY OF DISTRICT. A district may:
(1) exercise all the rights, powers, and authority granted by
this chapter and by the general and special laws relating to
navigation districts;
(2) exercise all powers relating to regulation of wharfage and
facilities connected with waterways and ports inside the district
to the fullest extent consistent with the Texas Constitution;
(3) acquire, purchase, own, construct, enlarge, extend, repair,
maintain, operate, develop, and regulate land, waterways,
improvements, facilities, or aids incident to or necessary in the
proper operation and development of ports and waterways in the
district, including wharves, docks, warehouses, commercial and
industrial buildings, grain elevators, bunkering facilities, belt
railroads, floating plants and facilities, lightering facilities,
towing facilities, and all appurtenances;
(4) hire, rent, convey, lease, and otherwise make available to
any person the improvements of the district;
(5) assess and collect charges for use of all facilities
acquired or constructed in accordance with this chapter and apply
the amounts collected for maintenance and operation of the
business of the district, to make the district self-supporting
and financially solvent, and to retire the construction cost of
the improvements within a reasonable period;
(6) enter into valid and binding contracts to apply revenues,
over and above the maintenance and operation costs, which are
derived from sources other than taxation, to pay principal and
interest on bonds;
(7) enter into contracts with the United States for loans and
grants on terms and conditions necessary to comply with
regulations and requirements of the United States under federal
law; and
(8) issue bonds, notes, warrants, certificates of indebtedness,
and other forms of obligation payable from revenues derived from
improvements and pledge these revenues to the payment of the
district's debts in the manner provided in Subchapter E of
Chapter 60 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.154. AUTHORITY TO GO ON LAND. The commission and the
district engineer, together with all necessary teams, help,
tools, instruments, implements, and machinery, may go on any land
inside the district to examine the land and make plans, surveys,
maps, and profiles without subjecting themselves to action for
trespass.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.155. ACQUISITION OF PROPERTY AND RIGHT-OF-WAY. The
commission may acquire by gift, purchase, or condemnation
proceedings the necessary right-of-way and property of any kind
necessary for improvements contemplated by this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.156. EMINENT DOMAIN. (a) The district may exercise the
power of eminent domain to condemn and acquire the right-of-way
over and through any public or private land necessary to improve
any river, bay, creek, or arm of the Gulf of Mexico for the
construction and maintenance of any canal or waterway and for any
other purpose authorized by this chapter.
(b) The condemnation proceedings shall be instituted under the
direction of the commission and in the name of the district, and
the damages shall be assessed in conformity with the laws for
condemning and acquiring rights-of-way by railroads.
(c) No appeal from the finding and assessment of damages shall
have the effect of suspending work by the commission in
prosecuting the work of improvement in detail.
(d) No right-of-way can be condemned through any part of an
incorporated city or town without the consent of the lawful
authorities of the city or town.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may
acquire, purchase, take over, construct, maintain, operate,
develop, and regulate wharves, docks, warehouses, grain
elevators, bunkering facilities, belt railroads, floating plants,
literage, lands, towing facilities, and all other facilities or
aids incident to or necessary to the operation or development of
ports or waterways inside the district extending to the Gulf of
Mexico.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.158. OBTAINING CONSENT OF UNITED STATES. If a river,
creek, bay, stream, canal, or waterway which is to be improved is
navigable or if the improvements are of a type which require the
permission or consent of the United States, the commission may
obtain the permission or consent of the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.159. COOPERATION WITH THE UNITED STATES. (a) The
commission may cooperate and act with the United States in
surveys, work, and expenditure of money in any matters relating
to construction and maintenance of the canals and the improvement
and navigation of navigable rivers, bays, creeks, streams,
canals, and waterways.
(b) To the extent that the United States aids in these matters,
the commission may agree and consent to the United States
entering and taking management and control of the work insofar as
necessary or permissible under the laws and regulations of the
United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.160. DUTIES OF ENGINEER. The engineer shall:
(1) make necessary surveys, examinations, investigations, maps,
plans, and drawings relating to proposed improvements;
(2) estimate the cost of improvements;
(3) supervise the work of improvements; and
(4) perform any duties which might be required by the
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.161. UNITED STATES PERFORMING DUTIES OF ENGINEER.
Instead of or in addition to employing an engineer, the
commission may adopt any survey of a river, creek, canal, stream,
bay, or waterway previously made by the United States and may
arrange for surveys, examinations, and investigations of proposed
improvements and for supervision of the work of improvement by
the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.162. DISTRICT ORDER FOR IMPROVEMENTS. If the commission
considers it in the best interest for the district to exercise
the powers granted by Section 63.153 of this code or if the
commission finds that additional improvements to those originally
planned or constructed are necessary for navigation of or in aid
of navigation of any river, creek, stream, bay, canal, or
waterway, the commission shall make this finding in an order
entered in the minutes and shall direct the engineer to make an
estimate showing the character and cost of the improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.163. NOTICE OF HEARING. (a) After the commission's
order is entered in the minutes, the commission shall publish
notice once a week for three consecutive weeks in a newspaper
published in the district. If no newspaper is published in the
district, the notice shall be published in the newspaper
published nearest to the district.
(b) The notice shall include a copy of the commission's order
and shall designate a time and place for a hearing.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.164. HEARING ON IMPROVEMENTS. (a) The commission shall
hear evidence at the hearing, and any district taxpayer or
interested person may present evidence.
(b) The commission may adjourn the hearing from day to day for a
reasonable time so that all taxpayers and interested persons may
be heard.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.165. FINDINGS. (a) After the hearing is completed, the
commission shall enter its order making findings as to whether or
not the improvements and construction of the facilities is
feasible and practicable and whether or not benefits will result
to the public.
(b) If the findings are against the proposed improvements, no
further action will be taken, but if the commission finds that
the improvements are feasible and practicable and would be a
public benefit, the district may issue bonds to pay for the
necessary improvements and facilities.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.166. BOND ELECTION. (a) An election shall be held to
approve the issuance of the bonds.
(b) The ballots 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."
(c) The returns of the election shall be canvassed as provided
in this chapter.
(d) If the canvass indicates that a majority of the electors
voted in favor of the proposition, the commission shall issue an
order directing the issuance of the bonds and the levy of a tax.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.167. FORM OF BONDS. (a) The bonds shall be issued in
the manner that other bonds are issued under this chapter, and
the amount of the bonds may not be more than the cost of the
improvements estimated by the engineer.
(b) The bonds shall be issued in the name of the district and
shall be signed by the president of the commission and attested
by the secretary with the seal of the district attached.
(c) The bonds shall be issued in the denominations and payable
at the times, not more than 40 years, considered most expedient
by the board. Interest shall be payable annually or semiannually.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.168. BIDS FOR CONTRACT. (a) Before the commission
enters into a contract requiring the expenditure of more than
$15,000, it shall submit the proposed contract for competitive
bids.
(b) The commission may reject any and all bids, and if the
contract is for a public improvement, the successful bidder shall
be required to give the statutory bonds required by Chapter 2253,
Government Code.
(c) The contract shall be awarded to the lowest and best bidder.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 805, ch. 299, Sec. 3, eff.
Aug. 29, 1977; Acts 1993, 73rd Leg., ch. 757, Sec. 24, eff. Sept.
1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(19), eff. Sept.
1, 1995.
Sec. 63.169. NOTICE OF BIDS. (a) Notice of the time and place
the contract will be awarded shall be published in one or more
newspapers with general circulation in the state, one of which
shall be a newspaper published in the county in which the
district is located if a newspaper is published in the county.
(b) The notice shall be published once a week for two
consecutive weeks before the time set for awarding the contract,
with the first publication being made at least 14 days before the
day for awarding the contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.170. APPLICATION OF CERTAIN SECTIONS. The provisions of
Sections 63.168-63.169 of this code do not apply to:
(1) improvements carried out and performed by the United States;
(2) calamities or emergencies which make it necessary to act at
once to preserve the property of the district;
(3) unforeseen damage to district property, machinery, or
equipment or necessary emergency repairs to them; or
(4) contracts for personal or professional services or work done
by the district and paid for by the day as the work progresses.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.171. PROCEDURE FOR BIDS. (a) Any person desiring to
bid on the construction of any work advertised shall, on
application to the commission, be furnished at actual cost the
survey, plans, and estimates for the work.
(b) Bids for the work shall be in writing, sealed, and delivered
to the chairman of the commission, together with a certified
check for at least five percent of the total amount of the bid. A
bid bond in the amount of at least five percent of the total
amount of the bid executed by a corporate surety duly authorized
to do business in this state and payable to the district may be
substituted in lieu of the certified check.
(c) If the bidder's bid is accepted but he refuses to enter into
a proper contract and give the performance and payment bond
required by Chapter 2253, Government Code, the certified check or
bid bond shall be forfeited to the district.
(d) The commission may reject any and all bids.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 1, eff.
May 26, 1971; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(19), eff.
Sept. 1, 1995.
Sec. 63.172. FORMAL REQUIREMENTS OF CONTRACT. A contract
entered into by the district shall be in writing and signed by
the contractors and the commissioners, any two of the
commissioners, the executive director of the district, or an
authorized representative of the executive director.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1330, Sec. 12, eff. June 15, 2007.
Sec. 63.173. CONTRACTOR'S BOND. The contractor shall execute an
adequate bond payable to the commission in the amount of the
contract price, conditioned that he will faithfully perform the
obligations, agreements, and covenants of the contract and that
if he defaults he will pay the district all damages sustained by
reason of the default. The bond shall be approved by the
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.174. INTEREST IN CONTRACT. The members of the board and
the engineer may not be directly or indirectly interested for
themselves or as agents in a contract for the construction of a
work to be performed by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.175. SUPERVISION BY ENGINEER. (a) Unless done under
the supervision of the United States, all work contracted for by
the commission shall be done under the supervision of the
district engineer.
(b) After the work is completed according to the contract, the
engineer shall make a detailed report of the work to the
commission showing whether or not the contract was fully complied
with according to its terms and, if not, in what particulars it
has not been complied with.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.176. PAYMENT FOR WORK. (a) The commission shall
inspect the work being done during its progress, and on
completion of the contract, the commission shall draw a warrant
on the district depository in favor of the contractor or his
assignee for the amount of the contract price. The warrant shall
be paid from the construction and maintenance fund.
(b) If the commission considers it advisable, it may contract to
pay for the work in partial payments as the work progresses, but
the partial payments may not be more in the aggregate than 90
percent of the contract price of the total amount of work done
under the contract. The amount of the work shall be shown by a
certificate of the engineer.
(c) The provisions of this section do not apply to improvements
carried out or performed by the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 2, eff.
May 26, 1971.
Sec. 63.177. COMMISSION REPORT. (a) The commission shall make
an annual report of its activities and file it with the county
clerk on or before January 1 of each year.
(b) The report shall show in detail:
(1) the kind, character, and amount of work done in the
district;
(2) the cost of the work; and
(3) the amount paid on order, the purpose for which paid, and
other data necessary to show the condition of improvements made
under the provisions of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.178. FRANCHISES. (a) A district may grant franchises
on property owned or controlled by the district to any person for
purposes consistent with this chapter and may charge fees for the
franchises.
(b) A franchise may be granted for a period of not more than 30
years.
(c) Before the franchise is granted, the commission must approve
the franchise by a majority vote at three separate meetings held
at least one week apart and must publish the franchise in full,
at the expense of the applicant, once a week for three
consecutive weeks in a newspaper published in the district.
(d) The franchise shall require the grantee to file his written
acceptance within 30 days from the day the franchise is finally
approved.
(e) Fees charged for a franchise may be used to pay interest on
bonds or other securities issued by the district for construction
of its improvements and to retire these bonds or other securities
at maturity.
(f) This section shall not be construed to prevent a 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.
Sec. 63.179. ADJACENT LAND. (a) The district may own land
adjacent or accessible to the navigable water developed by the
district and may lease the land to any person and charge
reasonable tolls, fees, or other charges.
(b) Proceeds from the tolls, fees, or other charges may be used
for maintenance and operation of the business of the district, to
make the district self-supporting and financially solvent, and to
return the construction cost of the improvements within a
reasonable period.
(c) The land may be located in whole or in part inside or
outside the boundaries of any incorporated city, town, or village
in this state, but land which is not included inside the
boundaries of a city, town, or village at the time it is acquired
by the district may not be annexed or included inside the
boundaries of the city, town, or village without the written
consent of the district evidenced by a resolution adopted by the
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.180. ISSUANCE OF WRITS. A writ of mandamus shall issue
from a court of competent jurisdiction to compel the commission
to apply revenue in accordance with the terms of a contract with
the United States, and an injunction may be issued to restrain
the commission from violating the provisions of a contract with
the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.181. PEACE OFFICERS. The district may appoint peace
officers to protect life and property in the district and the
property of the district. The officers shall have the same
rights, powers, and authority as policemen of a city or town.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 72, ch. 32, Sec. 1, eff.
April 15, 1981.
Sec. 63.182. EFFECT ON POLICE POWERS. The provisions of this
chapter shall not affect or repeal the police powers of any
municipality inside the district or any law, ordinance, or
regulation which authorizes the municipality to exercise police
power over any navigable stream, aid to navigation, or facility
for navigation in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Sec. 63.183. OTHER LAWS GOVERNING DISTRICT. The commission has
the same rights, powers, and duties provided for commissioners in
Chapter 62, Transportation Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.2