WATER CODE
CHAPTER 51. WATER CONTROL AND IMPROVEMENT DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 51.001. DEFINITIONS. In this chapter:
(1) "District" means a water control and improvement
district.
(2) "Board" means the board of directors of a
district.
(3) "Director" means a member of the board of
directors of a district.
(4) "Commissioners court" means the commissioners
court of the county in which a district or part of a district is
located.
(5) "Commission" means the Texas Natural Resource
Conservation Commission.
(6) "Executive director" means the executive director
of the Texas Natural Resource Conservation Commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 961, ch. 367, § 1, eff. June
10, 1981; Acts 1981, 67th Leg., p. 3150, ch. 828, § 1, eff. June
17, 1981; Acts 1985, 69th Leg., ch. 795, § 1.138, eff. Sept. 1,
1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.075, eff. Aug.
12, 1991.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT
§ 51.011. CREATION OF DISTRICT. A water control and
improvement district may be created under and subject to the
authority, conditions, and restrictions of either Article III,
Section 52, of the Texas Constitution, or Article XVI, Section 59,
of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.012. COMPOSITION OF DISTRICT. (a) A district may
include all or part of one or more counties, including any town,
village, or municipal corporation, and may include any other
political subdivision of the state or any defined district.
(b) The areas composing a district do not have to be
contiguous but may consist of separate bodies of land separated by
land not included in the district; however, each segregated area,
before it may be included in the district, must cast a majority vote
in favor of the creation of the district.
(c) No district may include territory located in more than
one county except by a majority vote of the electors residing within
the territory in each county sought to be included in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.013. PETITION. (a) A petition requesting
creation of a district shall be signed by a majority of the persons
who hold title to land in the proposed district which represents a
total value of more than 50 percent of the value of all the land in
the proposed district as indicated by the tax rolls of the central
appraisal district. If there are more than 50 persons holding title
to land in the proposed district, the petition is sufficient if
signed by 50 of them.
(b) The petition may be signed and filed in two or more
copies.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 1423, § 25, eff. June 17,
2001.
§ 51.014. CONTENTS OF PETITION. The petition shall
include:
(1) the name of the district;
(2) the area and boundaries of the district;
(3) the provision of the Texas Constitution under
which the district is to be organized;
(4) the purpose or purposes of the district;
(5) a statement of the general nature of the work to be
done and the necessity and feasibility of the project, with
reasonable detail and definiteness to assist the court or
commission passing on the petition in understanding the purpose,
utility, feasibility, and need; and
(6) a statement of the estimated cost of the project
based on the information available to the person filing the
petition at the time of filing.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.015. PLACE OF FILING; RECORDING. (a) The
petition shall be filed in the office of the county clerk of the
county in which the district is located. If land in more than one
county is included in the district, copies of the petition
certified by the clerk shall be filed in the office of the county
clerk of each county in which a portion of the district is located.
(b) The petition shall be recorded in a book kept for that
purpose in the office of the county clerk.
(c) If more than one petition is filed and the petitions are
identical except for the signature, one copy of the petition shall
be recorded and all signatures on the other petitions shall be
included.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.016. COMMISSIONERS COURT OR COMMISSION TO CONSIDER
CREATION OF DISTRICT. If the land to be included in a district is
within one county, the creation of the district shall be considered
and ordered by the commissioners court, but if the land to be
included in a district is in two or more counties, the creation of
the district shall be considered and ordered by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 961, ch. 367, § 1, eff. June
10, 1981.
§ 51.017. SINGLE-COUNTY DISTRICT:
HEARING. (a) Except as provided in Subchapter H of this chapter,
if a petition is filed for the creation of a district within one
county, the county judge shall issue an order setting the date of
hearing on the petition by the commissioners court and shall
endorse the order on the petition or on a paper attached to the
petition.
(b) After the order is issued, the county clerk shall issue
notice of the hearing.
(c) The petition may be considered at a regular or special
session of the court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.018. SINGLE-COUNTY DISTRICT: NOTICE OF
HEARING. (a) The notice of hearing on the petition shall include
a statement of the nature and purpose of the district and the date,
time, and place of hearing.
(b) The notice shall be prepared with one original and three
copies. The county clerk shall retain one copy of the notice in his
files and deliver the original and two copies to the county sheriff.
(c) The sheriff shall post one copy of the notice at the
courthouse door 15 days before the day of the hearing and shall
publish one copy in a newspaper of general circulation in the county
once a week for two consecutive weeks. The first newspaper
publication shall be made at least 20 days before the day of
hearing.
(d) Before the hearing, the sheriff shall make due return of
service of the notice with copy and affidavit of publication
attached to the original.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.019. SINGLE-COUNTY DISTRICT: NAME. (a) A
district located in one county may be named the ____________ County
Water Control and Improvement District, Number ____. (Insert the
name of the county and proper consecutive number.)
(b) A district may be known and designated by any term
descriptive of the location of the district and descriptive of the
principal powers to be exercised by the district; however, the word
"district" shall be included in the designation and a consecutive
number shall be assigned to it if other districts of the same name
have been created in the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.020. SINGLE-COUNTY DISTRICT: TESTIMONY AT
HEARING. (a) At the hearing on the petition, any person whose
land is included in or would be affected by the creation of the
district may appear and contest the creation of the district and may
offer testimony to show that the district:
(1) is or is not necessary;
(2) would or would not be a public utility or benefit
to land in the district; and
(3) would or would not be feasible or practicable.
(b) The hearing may be adjourned from day to day.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.021. SINGLE-COUNTY DISTRICT: GRANTING OR REFUSING
PETITION. (a) The commissioners court or the commission shall
grant the petition requesting the creation of a district if it
appears at the hearing that:
(1) organization of the district as requested is
feasible and practicable;
(2) the land to be included and the residents of the
proposed district will be benefited by the creation of the
district;
(3) there is a public necessity or need for the
district; and
(4) the creation of the district would further the
public welfare.
(b) If the commissioners court or the commission fails to
make the findings required by Subsection (a) of this section, it
shall refuse to grant the petition.
(c) If the commissioners court or the commission finds that
any of the land sought to be included in the proposed district will
not be benefited by inclusion in the district, it may exclude those
lands not to be benefited and shall redefine the boundaries of the
proposed district to include only the land that will receive
benefits from the district.
(d) Repealed by Acts 1989, 71st Leg., ch. 936, § 19, eff.
Sept. 1, 1989.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1989, 71st Leg., ch. 936, § 19, eff. Sept. 1,
1989.
§ 51.022. SINGLE-COUNTY DISTRICT: APPEAL FROM ORDER OF
COMMISSIONERS COURT. (a) If the commissioners court grants or
refuses to grant the petition, any person who signed the petition or
any person who appears and protests the petition and offers
testimony against the creation of the district may appeal from the
order of the court by giving notice of appeal in open court at the
time of the entry of the order, which shall be entered on the
court's docket, and by filing with the clerk of the commissioners
court within five days a good and sufficient appeal bond in the
amount of $2500.
(b) The appeal bond shall be approved by the clerk of the
commissioners court payable to the county judge conditioned for the
prosecution of the appeal with effect and the payment of all costs
incurred with the appeal in the event that the final decree of the
court is against the appellant.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL;
NOTICE OF APPEAL. (a) On completion of an appeal as provided in
Section 51.022 of this code, the clerk of the commissioners court
shall, within 10 days, prepare a certified transcript of all orders
entered by the commissioners court and transmit them with all
original documents, processes, and returns on processes to the
clerk of the district court to which the appeal is taken.
(b) All persons shall be charged with notice of the appeal
without notice or service of notice. No person who failed to appear
by petition, in person, or by attorney in the commissioners court
may be permitted to intervene in the district court trial.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT
COURT; PROCEDURE. (a) The district court, either in term time or
in vacation time, shall schedule the appeal for hearing with all
reasonable dispatch.
(b) In the proceeding in the district court, formal
pleadings shall not be required but, with the court's permission,
may be filed.
(c) The trial and decision shall be by the court without the
intervention of a jury, and the hearing shall be conducted as though
the jurisdiction of the district court were original jurisdiction.
(d) The following matters may be contested in the district
court:
(1) all matters which were or might have been
presented in the commissioners court;
(2) the validity of the act under which the district is
proposed to be created; and
(3) the regularity of all previous proceedings.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, § 4(43), eff.
Aug. 31, 1981.
§ 51.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT
COURT; APPEAL. (a) In the appeal, the district court shall apply
to the determination its full powers to the end that substantial
justice may be done.
(b) An appeal from the judgment of the district court may be
taken as in other civil causes, but appeals filed under Section
51.022 of this code shall be given precedence on the docket of any
higher court over all causes which are not of similar public
concern.
(c) The final judgment of the district court, or other court
to which an appeal may be prosecuted, shall be certified and
transmitted to the clerk of the commissioners court with all
original documents and processes which were transmitted from the
commissioners court to the district court on appeal.
(d) The commissioners court shall enter its order on the
petition to conform to the decree entered by the court of final
jurisdiction and shall enter other and further orders as may be
required by law to execute the intent of the certified decree.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF
DIRECTORS; BOND. (a) If the commissioners court grants a
petition for creation of a district, it shall appoint five
directors who shall serve until their successors are elected or
appointed in accordance with law.
(b) Each director shall, within 15 days after appointment,
file his official bond in the office of the county clerk, and the
county clerk shall present the bond to the county judge for
approval. The county judge shall pass on the bond and approve it,
if it is proper and sufficient, or disapprove it and shall endorse
his action on the bond and return it to the county clerk.
(c) If approved, the bond of a director shall be recorded in
a record kept for that purpose in the office of the county clerk,
but if a bond is not approved, a new bond may be furnished within 10
days after disapproval.
(d) If any director appointed under this section fails to
qualify, the commissioners court shall appoint another person to
replace him.
(e) Each director appointed under this section shall take
the oath of office as provided by Section 51.078 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.027. MULTI-COUNTY DISTRICT: HEARING BY
COMMISSION. (a) The commission shall have exclusive jurisdiction
and power to hear and determine all petitions for creation of a
district which will include land or property located in two or more
counties.
(b) The orders of the commission concerning the
organization of a district shall be final, unless an appeal is taken
from the orders as provided in this subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.028. MULTI-COUNTY DISTRICT: NOTICE OF
HEARING. (a) When a petition is filed, the commission shall give
notice of an application in the manner provided in Section 49.011
and may conduct a hearing on the application if the commission
determines that a hearing is necessary under that section.
(b) Further, the notice shall be posted at the courthouse
door, on the bulletin board used for posting legal notices, in each
county in which the district may be located.
(c) The notice shall be published in one or more newspapers
with general circulation in the area of the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1070, § 25, eff. Sept. 1,
1997.
§ 51.031. MULTI-COUNTY DISTRICT: APPEAL FROM COMMISSION
DECISION. (a) When the commission grants or refuses a petition,
any person who comes within the requirements specified in Sections
51.020-51.025 of this code may prosecute an appeal from the
judgment of the commission under Sections 51.022-51.025 of this
code.
(b) The appeal may be taken to any district court in any
county in which part of the proposed district is located or to a
district court in Travis County.
(c) The time within which an appeal bond may be approved and
filed is 15 days after the entry of the final order by the
commission.
(d) On the perfection of the appeal, the appellant shall pay
the actual cost of the transcript of the record, which will be
assessed as part of the costs incurred on the appeal.
(e) Whenever practicable, the original documents and
processes with the returns attached shall be sent to the district
court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.032. MULTI-COUNTY DISTRICT: APPOINTMENT OF
DIRECTORS BY COMMISSION; BOND. (a) If the commission grants the
petition for creation of the district, it shall appoint five
directors, who shall serve until their successors are elected or
appointed.
(b) A certified copy of the order of the commission granting
a petition and naming the directors shall be filed in the office of
the county clerk of each county in which a portion of the district
is located.
(c) Each director named in the order shall, within 15 days
after appointment, file his official bond in the office of the
county clerk of the county of his residence. The county clerk shall
present the bond to the county judge for approval.
(d) The county judge shall act on each bond in the manner
provided in Section 51.026 of this code.
(e) If any director appointed under this section fails to
qualify, the commissioners court of the county in which he lives
shall appoint some qualified person to replace him.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL
CORPORATION IN DISTRICT. (a) No city, town, or municipal
corporation may be included within any district created under this
chapter unless the proposition for the creation of the district has
been adopted by a majority of the electors in the city, town, or
municipal corporation.
(b) Any municipal corporation included within a district
shall be a separate voting district, and the ballots cast within the
municipal corporation shall be counted and canvassed separately
from the remainder of the district.
(c) No district which includes a city, town, or municipal
corporation may include land outside of the municipal corporation
unless the election to confirm and ratify the creation of the
district favors the creation of the district independent of the
vote within the municipal corporation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING
LAND IN MORE THAN ONE COUNTY. No district, the major portion of
which is located in one county, may be organized to include land in
another county unless the election held in the other county to
confirm and ratify the creation of the district is adopted by those
voting in the other county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.037. EXCLUSION OF PARTS OF DISTRICT;
DISSOLUTION. (a) If any portion of a district governed by
Sections 51.035 and 51.036 of this code, votes against the creation
of the district and the remainder of the district votes for the
creation, the district is confirmed and ratified in those portions
of the district voting for the creation, and the district is
composed only of those portions.
(b) The excluded portions of the district shall be excluded
from all debts and obligations incurred after the election;
however, all land and property included in the original district
shall be subject to the payment of taxes for the payment of all
debts and obligations, including organization expenses, incurred
while it was a part of the district.
(c) If a district is created and portions of the proposed
district are excluded by the vote in those portions, 10 percent of
the voters in the district may file with the board a petition asking
for a new election on the issue. A new election shall be ordered and
held for the remaining portion of the district or the district
organization may be dissolved by order of the board and a new
district formed.
(d) A petition requesting a new election shall be filed
within 30 days after the day on which the result of the election is
canvassed and declared by the board.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.038. MUNICIPAL DISTRICTS. (a) A district
operating under the provisions of this chapter may, by order of the
board entered in the minutes, become a "municipal district."
(b) To become a municipal district, a district shall have a
taxing power unlimited as to rate and amount and may not have
outstanding or authorized bond obligations exceeding 20 percent of
the established assessable, taxable evaluation of the real estate
subject to the district's taxing power. In computing outstanding
or authorized bond obligations, the bond obligations which may be
retired by the district out of revenues from sources other than the
income from district taxation shall not be included.
(c) To be eligible to become a municipal district, a
district:
(1) shall embrace the total area of a municipal
corporation which has bond obligations which may be declared
eligible for purchase by savings banks and trusts under the acts of
the State of New York, and which has plans designed for furnishing,
in whole or in part, a water supply, sanitation facilities, flood
protection, or other service inuring to the general benefit of the
inhabitants of the embraced city; or
(2) shall have a population, according to the last
preceding federal census, of at least 30,000 persons and have
established assessable real estate values of at least $50 million.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.039. BONDS OF MUNICIPAL DISTRICTS. (a) A
district operating under Section 51.038 of this code may issue
bonds which bear the legend "municipal bond."
(b) Bonds issued in compliance with this section and with
Section 51.038 of this code shall be eligible for investment of the
funds of:
(1) state banks, trust funds, and savings banks;
(2) insurance companies, for the purpose of holding
the bonds as legal reserves against liability under their contracts
for insurance or for investment of an accumulated surplus;
(3) counties, cities, towns, and other political
bodies, for the purpose of investing the accumulated sinking fund
money of those bodies;
(4) the State Board of Education and the regents of The
University of Texas System; and
(5) trustees, receivers, administrators, and
guardians administering funds under orders of a court.
(c) Municipal bonds issued under this section, when in the
lawful possession of any person, shall be lawful reserves, where
reserves are required by law.
(d) The bonds are eligible for deposit with the banking and
insurance departments of Texas in all cases where deposit, pledge,
or security is required by law.
(e) The bonds shall be lawful security for any bank
designated as an official depository for a political body under the
laws of Texas.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.040. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS
OPERATING UNDER THIS CHAPTER. (a) Any water improvement
district, levee improvement district, or irrigation district
created under Article III, Section 52, of the Texas Constitution,
or under Article XVI, Section 59, of the Texas Constitution, or any
conservation and reclamation district created under Article XVI,
Section 59, of the Texas Constitution, may be converted to a
district operating under this chapter.
(b) The governing body of a district which desires to
convert into a district operating under this chapter shall adopt
and enter in the minutes of the governing body a resolution
declaring that, in its judgment, conversion into a water control
and improvement district operating under this chapter and under
Article XVI, Section 59, of the Texas Constitution, would serve the
best interest of the district and would be a benefit to the land and
property included in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.041. CONVERSION OF DISTRICT; NOTICE. (a) Notice
of the adoption of a resolution under Section 51.040 of this code
shall be given by publishing the resolution in a newspaper with
general circulation in the county or counties in which the district
is located.
(b) The notice shall be published once a week for two
consecutive weeks with the first publication not less than 14 full
days before the time set for a hearing.
(c) The notice shall:
(1) state the time and place of the hearing;
(2) set out the resolution in full; and
(3) notify all interested persons to appear and offer
testimony for or against the proposal contained in the resolution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.042. CONVERSION OF DISTRICT; FINDINGS. (a) If,
on a hearing, the governing body of the district finds that
conversion of the district into one operating under this chapter
would serve the best interest of the district and would be a benefit
to the land and property included in the district, it shall enter an
order making this finding and the district shall become a district
operating under this chapter.
(b) If the governing body finds that the conversion of the
district would not serve the best interest of the district and would
not be a benefit to the land and property included in the district,
it shall enter an order against conversion of the district into one
operating under this chapter.
(c) The findings of the governing body of a district entered
under this section are final and not subject to appeal or review.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.043. EFFECT OF CONVERSION. A district which
converts into a district operating under this chapter shall:
(1) be constituted a water control and improvement
district operating under and governed by this chapter;
(2) be a conservation and reclamation district under
the provisions of Article XVI, Section 59, of the Texas
Constitution; and
(3) have and may exercise all the powers, authority,
functions, and privileges provided in this chapter in the same
manner and to the same extent as if the district had been created
under this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.044. RESERVATION OF CERTAIN POWERS FOR CONVERTED
DISTRICTS. (a) Any water improvement district, water control and
preservation district, fresh water supply district, levee
improvement district, drainage district, or navigation district,
after conversion under Section 51.040 of this code, may continue to
exercise all necessary specific powers under any specific
conditions provided by the chapter of this code under which the
district was operating before conversion.
(b) At the time of making the order of conversion, the
governing body shall specify in the order the specific provisions
of the chapter of the code under which the district had been
operating which are to be preserved and made applicable to the
operations of the district after conversion into a district
operating under this chapter.
(c) A reservation of a former power under Subsection (a) of
this section may be made only if this chapter does not make specific
provision concerning a matter necessary to the effectual operation
of the converted district.
(d) In all cases in which this chapter does make specific
provision, this chapter shall, after conversion, control the
operations and procedure of the converted district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.045. CONVERSION OF A DISTRICT OPERATING UNDER THIS
CHAPTER TO A FRESH WATER SUPPLY DISTRICT. (a) Any district
operating under this chapter may be converted into a district
operating as a fresh water supply district under Chapter 53 of this
code in the manner provided in this section.
(b) The governing body of a district desiring to convert
under this section shall adopt a resolution declaring that, in its
judgment, conversion of the district into one operating under
Chapter 53 of this code and under the provisions of Article XVI,
Section 59, of the Texas Constitution, would be in the best interest
of the district and would be a benefit to the land and property in
the district.
(c) The resolution shall provide for a public hearing on the
proposition at a date to be fixed by the governing body not less
than 15 days nor more than 30 days from the date of the resolution.
(d) Notice of the hearing shall be published once a week for
two consecutive weeks in a newspaper with general circulation in
the area in which the district is located. The first publication
shall be not less than 14 days before the time set for the hearing.
The notice shall contain a copy of the resolution or a substantial
statement of the matters contained in the resolution.
(e) At the hearing, any person may appear and offer
testimony and other evidence.
(f) If, on hearing, the board finds that the conversion of
the district operating under this chapter into one operating under
Chapter 53 of this code would be in the best interest of the
district and would be a benefit to the land and property in the
district, it shall enter an order declaring the district to be one
operating under Chapter 53 of this code, and thereafter, the
district shall operate under the provisions of Chapter 53.
(g) If the board finds that conversion would not be in the
best interest of the district and would not be a benefit to the land
and property in the district, it shall enter its order to that
effect and the district shall continue to operate under this
chapter.
(h) The findings of the governing body shall be final and
not subject to review or appeal.
(i) Nothing in this section may be construed to authorize
the impairment of any existing contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.046. ORGANIZATION OF DISTRICT TO CONDUCT
PRELIMINARY SURVEYS. A district may be organized for the sole
purpose of conducting preliminary surveys to determine whether or
not improvements are needed and what improvements, if any, are
required to promote the public welfare.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.047. CREATION OF MASTER DISTRICT. A master
district may be created under this chapter and may include all or
any part of the area of one or more districts created and operating
under the provisions of this chapter or Chapters 53, 55, 56, 57,
60-63 of this code or Chapter 3, Title 128, Revised Civil Statutes
of Texas, 1925.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.048. PURPOSES OF MASTER DISTRICT. (a) A master
district may be created to conduct preliminary surveys and to
develop a plan for the control and use of the water of any given
stream, so that the improvements on one part of a watershed will be
mechanically and economically related to all other improvements on
the stream or its watershed.
(b) A master district also may be created to enable
districts to pool their resources when necessary to economically:
(1) make preliminary surveys;
(2) adopt a plan to coordinate the plants,
improvements, and facilities of the several constituent districts;
(3) provide the improvements and facilities proposed
to be constructed and furnished by the master district;
(4) provide improvements for the common benefit of the
several districts;
(5) enable the districts jointly to make purchases;
or
(6) maintain or operate works for the common benefit
of the several districts.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.049. MASTER DISTRICT; PROCEDURE. (a) The
Commission shall have exclusive jurisdiction to hear and determine
petitions for the creation of a master district.
(b) Each district composing part of a master district shall,
for all purposes of an election, constitute a separate voting unit.
No existing district may be included in a master district unless the
proposal is approved by a majority of the qualified electors of the
constituent district voting in the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.050. MASTER DISTRICT; DIRECTORS. A master
district may have directors which number five, seven, or any other
uneven number up to 21.
(b) The number shall be determined at the time of the
creation of the district and may thereafter be changed by the
directors of the district in a manner to conform to the requirements
for equitable representation for the various areas of the master
district.
(c) The election and qualification of the directors shall,
where applicable, be controlled as provided by the other provisions
of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.051. MASTER DISTRICT GOVERNED BY CHAPTER. The
provisions of this chapter, where applicable, shall govern a master
district in:
(1) the procedure for its creation;
(2) the conduct of its affairs; and
(3) its powers.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.052. CITY, TOWN, OR MUNICIPAL CORPORATION CREATED
AS A DISTRICT. (a) Any city, town, or municipal corporation may
have the benefit and powers provided in this chapter under the Texas
Constitution and may aid any district in the construction and
operation of any improvements to the extent that the improvements
may be an advantage to the municipal corporation.
(b) The area included in any city, town, or municipal
corporation may be organized into and constituted a district
operating under this chapter with all the powers, authority, and
privileges provided by Article XVI, Section 59, of the Texas
Constitution. The district shall be governed by this chapter and by
an ordinance duly enacted by the governing body of the city, town,
or municipal corporation.
(c) The ordinance required by Subsection (b) of this section
shall appoint five directors for the district. Each director's
bond shall be filed with and approved by the governing body of the
municipal corporation.
(d) On the qualification of the directors, the district
shall be completely organized without the necessity of an election.
The district shall thereafter be governed by the provisions of this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 51.071. BOARD OF DIRECTORS. The governing body of a
district is the board of directors, which shall consist of five
directors.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.0711. SPECIAL DIRECTOR. (a) The governing body
of a municipality that enters a contract or agreement with a
district located in more than one county to jointly construct,
acquire, operate, or maintain a regional wastewater system is
entitled to appoint a special director to the board of the district.
Section 51.072 does not apply to a special director.
(b) The office of special director exists only during the
period for which the contract or agreement is in effect. If the
contract or agreement is in effect for a term of more than four
years, a special director serves for a four-year term of office. A
vacancy in the office of special director shall be filled by the
governing board of the municipality.
(c) A special director is entitled to vote only on matters
before the district's board of directors that are directly related
to the regional wastewater system that is the subject of the
contract or agreement between the municipality and the district.
(d) In any matter on which the director appointed under this
section votes, approval by a majority of the six members of the
board is required for approval.
Added by Acts 1989, 71st Leg., ch. 575, § 1, eff. June 14, 1989.
Amended by Acts 1995, 74th Leg., ch. 715, § 4, eff. Sept. 1,
1995.
§ 51.072. QUALIFICATIONS FOR DIRECTOR. To be qualified
for election as a director, a person must be a resident of the
state, own land subject to taxation in the district, and be at least
18 years of age. Section 49.052 does not apply to a district
governed by this chapter whose principal purpose is providing water
for irrigation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1995, 74th Leg., ch. 715, § 5, eff. Sept. 1,
1995.
§ 51.0731. ELECTION DATE FOR CERTAIN DIRECTORS. The
election date for directors of a district proposing to provide or
actually providing water and sewer services or either of these
services to household users as the principal functions of the
district shall be the first Saturday in April.
Added by Acts 1973, 63rd Leg., p. 1539, ch. 559, § 2, eff. June
15, 1973. Amended by Acts 1975, 64th Leg., p. 625, ch. 256, § 1,
eff. Sept. 1, 1975.
§ 51.0732. UNIFORM ELECTION DATE. Notwithstanding the
election date prescribed by Section 51.0731 of this code, an
election held under that section shall be held on a uniform election
date as provided by law.
Added by Acts 1987, 70th Leg., ch. 54, § 25(l), eff. Sept. 1,
1987.
§ 51.075. APPLICATION TO GET ON BALLOT. A candidate for
the office of director or other elective office may file an
application with the secretary of the board to have the candidate's
name printed on the election ballot. The application must be signed
by the applicant or by at least 10 qualified electors of the
district and must be filed not later than 5 p.m. of the 45th day
before the date of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1989, 71st Leg., ch. 1009, § 1, eff. Sept. 1,
1989.
§ 51.076. SELECTION OF DIRECTORS IN CERTAIN
DISTRICTS. (a) In a district created after June 18, 1967, with
boundaries coterminous with the boundaries of a county, the
commissioners court may provide in the order granting the petition
for creation that the directors are to be selected either as
provided in Section 49.102 or by the "commissioners precinct
method," which provides for the election of two directors from each
commissioners precinct in the county and the election of one
director from the county at large.
(b) If the commissioners court provides for the
commissioners precinct method, it may appoint two qualified
directors from each commissioners precinct and one director from
the county at large, who shall serve until their successors are
elected and have qualified. Except for the provisions of this
subsection, Section 51.026 of this code applies to the appointment
of the initial directors.
(c) The directors appointed by the commissioners court
under Subsection (b) of this section shall order an election in the
district on the second Tuesday in January following the creation of
the district. The two persons receiving the highest number of votes
in each precinct are the directors from that precinct, and the
person receiving the highest number of votes from the county at
large is the director at large.
(d) Of the two persons elected from each commissioners
precinct, the person who receives the highest number of votes in
each precinct shall serve for four years and until his successor is
elected and has qualified, and the person receiving the second
highest number of votes in each precinct shall serve for two years
and until his successor is elected and has qualified. The person
who is elected from the county at large shall serve for four years
and until his successor is elected and has qualified. At each
election after the first election, a person who is elected director
shall serve for four years and until his successor is elected and
has qualified.
(e) To be qualified for election as a director from a
commissioners precinct, a person must be 21 years of age, a citizen
of the state, and own land subject to taxation in the commissioners
precinct from which he is elected.
(f) To be qualified for election as a director from the
county at large, a person must possess the qualifications specified
in Section 51.072 of this code.
(g) If a vacancy occurs in the office of director between
regular elections, the vacancy shall be filled for the unexpired
term at a special election in the director's precinct. The special
election shall be called by a majority of the remaining members of
the board within 8 days after the vacancy occurs and to be held not
more than 40 days after the vacancy occurs.
(h) Except as otherwise provided in this section, all laws
relating to the election and qualification of directors of a
district shall govern and control the election and qualification of
directors selected by the commissioners precinct method whether the
precinct election is regular or special.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1983, 68th Leg., p. 5212, ch. 951, § 3, eff. Jan.
1, 1984; Acts 1995, 74th Leg., ch. 715, § 6, eff. Sept. 1, 1995.
§ 51.085. DISTRICT TAX ASSESSOR AND COLLECTOR. The
board may appoint one person to the office of tax assessor and
collector, or it may order an election to fill that office.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.090. BONDS OF OFFICERS OF A DISTRICT ACTING AS
FISCAL AGENT OR COLLECTING MONEY FOR UNITED STATES. (a) If a
district is appointed fiscal agent for the United States or if a
district is authorized to make collections of money for the United
States in connection with a federal reclamation project, each
director and officer of the district including the tax assessor and
collector shall execute an additional bond in the amount required
by the secretary of the interior, conditioned on the faithful
discharge of his respective office and on the faithful discharge by
the district of its duties as fiscal or other agent of the United
States under its appointment or authorization.
(b) The additional bonds shall be approved, recorded, and
filed as provided in this chapter for other official bonds.
(c) Suit may be brought on the bonds by the United States or
any person injured by the failure of the officer or the district to
fully, promptly, and completely perform their respective duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.0951. MEETINGS IN CERTAIN DISTRICTS. After at
least 25 qualified electors are residing in a district covered by
Section 51.0941 of this code, on written request of at least five of
these electors, the board shall designate a meeting place within
the district. On the failure to designate the location of the
meeting place within the district, five electors may petition the
commission to designate a location, which may be changed by the
board after the next election of members to the board.
Added by Acts 1973, 63rd Leg., p. 618, ch. 263, § 2, eff. Aug. 27,
1973.
SUBCHAPTER D. POWERS AND DUTIES
§ 51.121. PURPOSES OF DISTRICT. (a) A water control
and improvement district organized under the provisions of Article
III, Section 52, of the Texas Constitution, may provide for:
(1) the improvement of rivers, creeks, and streams to
prevent overflows, to permit navigation or irrigation, or to aid in
these purposes; or
(2) the construction and maintenance of pools, lakes,
reservoirs, dams, canals, and waterways for irrigation, drainage,
or navigation, or to aid these purposes.
(b) A water control and improvement district organized
under the provisions of Article XVI, Section 59, of the Texas
Constitution, may provide for:
(1) the control, storage, preservation, and
distribution of its water and floodwater and the water of its rivers
and streams for irrigation, power, and all other useful purposes;
(2) the reclamation and irrigation of its arid,
semiarid, and other land which needs irrigation;
(3) the reclamation, drainage, conservation, and
development of its forests, water, and hydroelectric power;
(4) the navigation of its coastal and inland water;
(5) the control, abatement, and change of any shortage
or harmful excess of water;
(6) the protection, preservation, and restoration of
the purity and sanitary condition of water within the state; and
(7) the preservation and conservation of all natural
resources of the state.
(c) The purposes stated in Subsection (b) of this section
may be accomplished by any practical means.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.122. ADOPTING RULES AND REGULATIONS. A district
may adopt and enforce reasonable rules and regulations to:
(1) secure and maintain safe, sanitary, and adequate
plumbing installations, connections, and appurtenances as
subsidiary parts of the district's sanitary sewer system;
(2) preserve the sanitary condition of all water
controlled by the district;
(3) prevent waste or the unauthorized use of water
controlled by the district;
(4) regulate privileges on any land or any easement
owned or controlled by the district; or
(5) provide and regulate a safe and adequate
freshwater distribution system.
Added by Acts 2001, 77th Leg., ch. 1423, § 26, eff. June 17,
2001.
§ 51.125. CONSTRUCTION OF IMPROVEMENTS. A district may
construct all works and improvements necessary:
(1) for the prevention of floods;
(2) for the irrigation of land in the district;
(3) for the drainage of land in the district,
including drainage ditches or other facilities for drainage;
(4) for the construction of levees to protect the land
in the district from overflow;
(5) to alter land elevations where correction is
needed; and
(6) to supply water for municipal uses, domestic uses,
power and commercial purposes, and all other beneficial uses or
controls.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.127. ADOPTING RULES AND REGULATIONS. A district
may adopt and make known reasonable regulations to:
(1) secure and maintain safe, sanitary, and adequate
plumbing installations, connections, and appurtenances as
subsidiary parts of sanitary sewer systems;
(2) preserve the sanitary condition of all water
controlled by the district;
(3) prevent waste or the unauthorized use of water;
and
(4) regulate residence, hunting, fishing, boating,
and camping, and all recreational and business privileges on any
body or stream of water, or any body of land, or any easement owned
or controlled by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.128. EFFECT OF RULES AND REGULATIONS. After the
required publication, rules and regulations adopted by the district
under Section 51.127 of this code shall be recognized by the courts
as if they were penal ordinances of a city.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.129. PUBLICATION OF RULES AND
REGULATIONS. (a) The board shall publish once a week for two
consecutive weeks a substantive statement of the rules or
regulations and the penalty for their violation in one or more
newspapers with general circulation in the area in which the
property of the district is located.
(b) The substantive statement shall be as condensed as is
possible to intelligently explain the purpose to be accomplished or
the act forbidden by the rule or regulation.
(c) The notice must advise that breach of the regulations
will subject the violator to a penalty and that the full text of the
regulation is on file in the principal office of the district where
it may be read by any interested person.
(d) Any number of regulations may be included in one notice.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.130. EFFECTIVE DATE OF RULES AND REGULATIONS. The
penalty for violation of a rule or regulation is not effective and
enforceable until five days after the publication of the notice.
Five days after the publication, the published regulation shall be
in effect and ignorance of it is not a defense for a prosecution for
the enforcement of the penalty.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND
OVER COUNTY AND PUBLIC ROADS. The district shall build necessary
bridges and culverts across and over district canals, laterals, and
ditches which cross county or public roads. Funds of the district
shall be used to construct the bridges and culverts.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND
UNDER RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET
RAILWAYS. (a) The district, at its own expense, may build
necessary bridges and culverts across or under any railroad tracks
or roadways of any railroad or any interurban, or street railway to
enable the district to construct and maintain any canal, lateral,
ditch, or other improvement of the district.
(b) Before the district builds a bridge or culvert, the
board shall deliver written notice to the local agent,
superintendent, roadmaster, or owner. The railroad company or its
owner shall have 60 days in which to build the bridge at its own
expense and according to its own plans.
(c) The canal, culvert, ditch, or structure shall be
constructed of sufficient size and proper plan to serve the purpose
for which it is intended.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.135. CONTRACTING FOR TOLL BRIDGES AND FERRY
SERVICE. (a) A district may make contracts with responsible
persons for the construction and operation of toll bridges over the
district's water for not more than 20 years or for ferry service on
or over the district's water for not more than 10 years.
(b) The contract shall set reasonable compensation to be
charged for service by the facility and shall require adequate bond
or bonds from the person with whom it enters into the contract,
payable to the district, on the conditions and in the amount which
the board considers necessary.
(c) The contracts may provide for forfeiture of the
franchise for a failure of the licensee to render adequate public
service.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.149. CONTRACTS. (a) Notwithstanding Section
49.108(e), no approval other than that specified in Subsection (c)
need be obtained in order for a contract between a district and a
municipality to be valid, binding, and enforceable against all
parties to the contract. After approval by a majority of the
electors voting at an election conducted in the manner of a bond
election, a district may make payments under a contract from taxes
for debt that does not exceed 30 years.
(b) A contract may provide that the district will make
payments under the contract from proceeds from the sale of notes or
bonds, from taxes, from any other income of the district, or from
any combination of these.
(c) A district may make payments under a contract from
taxes, other than maintenance taxes, after the provisions of the
contract have been approved by a majority of the electors voting at
an election held for that purpose.
(d) Any contract election may be held at the same time as and
in conjunction with an election to issue bonds, and the procedure
for calling the election, giving notice, conducting the election,
and canvassing the returns shall be the same as the procedure for a
bond election.
(e) A district created pursuant to Chapter 628, Acts of the
68th Legislature, Regular Session, 1983, is defined as a municipal
corporation and political subdivision pursuant to Chapter 405, Acts
of the 76th Legislature, Regular Session, 1999, and is authorized
to take action accordingly.
Amended by Acts 1989, 71st Leg., ch. 328, § 13, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 778, § 1, eff. June 16, 1995;
Acts 2001, 77th Leg., ch. 965, § 20.02, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 966, § 2.58, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 1276, § 18.010, eff. Sept. 1, 2003.
§ 51.156. CONTRACT WITH THE UNITED STATES. (a) The
board of a district organized under the provisions of Article XVI,
Section 59, of the Texas Constitution to irrigate arid land may
contract with the United States for the investigation,
construction, extension, operation, and maintenance of any federal
reclamation project of benefit to the district and authorized under
the National Reclamation Act of 1902, as amended.
(b) The board may contract to secure a district water supply
from the federal reclamation project and to pay to the United States
the agreed cost of it in the form of construction charges, operation
and maintenance charges, and water rental charges, as shown by the
contract and in accordance with the terms and conditions of the
national reclamation law.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.157. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE
UNITED STATES. The construction charges under a contract with the
United States may include the cost of drainage and flood-control
works necessary to control floods or to maintain the irrigability
of district land, and the cost of incidental electric power and
municipal water service which the water supply of the reclamation
project makes feasible.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.158. ELECTION TO APPROVE A CONTRACT WITH THE UNITED
STATES. (a) The electors of the district shall vote to approve
every contract involving the payment of construction charges to the
United States. The provisions of this chapter relating to the
election to approve the validation of district bonds shall be
followed, including the prosecution of an action in court to
determine the validity of the contract.
(b) The notice of election shall state the maximum amount,
exclusive of operation and maintenance charges, water rental
charges, interest, and penalties, payable by the district to the
United States under the contract.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "The contract with the United States and
levy of taxes to make payments under the contract." This is the
only proposition which may appear on the ballot.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.159. CONVEYING PROPERTY TO THE UNITED STATES. A
district may convey any property to the United States necessary for
the construction, operation, or maintenance of federal reclamation
works used or to be used for the benefit of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.160. ENGINEERING DATA UNNECESSARY. If a district
contracts with the United States under the provisions of Section
51.155 of this code for use by the district of federal reclamation
works, the district need not prepare or file any engineering data
for the construction of the works.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.161. CONSENT OF UNITED STATES TO ALTER DISTRICT'S
BOUNDARIES. Until all money has been paid by the district which is
due to the United States under a contract relating to a federal
reclamation project, the United States must consent to any change
in the boundaries of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.162. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH
THE UNITED STATES. (a) A district which enters into a contract
with the United States shall levy annually sufficient taxes to
provide payment of all installments required by the contract.
(b) The board may apportion benefits and levy and collect
taxes on the benefit basis instead of the ad valorem basis with the
approval of the district electors.
(c) The board may pay construction charges when provided by
contract on the basis of the average gross annual acre income of the
land of the district or designated divisions or subdivisions of the
district. The secretary of the interior shall determine the annual
gross acre income.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.163. ASSESSMENTS FOR CONTRACTS WITH THE UNITED
STATES. The board shall levy annually sufficient assessments to
collect the money required to pay all the district's obligations in
full when due regardless of any delinquency in payment of
assessments by any tract of land. If collections in any year are
insufficient to pay the obligations of the district, the levy shall
be increased sufficiently the following year to cover the deficit.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.164. DURATION OF ANNUAL LEVIS FOR CONTRACTS WITH
THE UNITED STATES. The board shall continue annual levies for
payment of construction charges each year against each tract of
land in the district even though construction charges apportioned
against other tracts of land in the district may be paid sooner or
later.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.165. SUPERIORITY OF LIEN TO SECURE CONTRACT WITH
THE UNITED STATES. The lien against district land created by a
contract with the United States shall be superior to the lien
created by any district bonds approved subsequent to the date of the
contract with the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.166. DISTRICT'S AUTHORITY TO SOLICIT COOPERATION,
DONATIONS AND CONTRIBUTIONS FROM OTHER AGENCIES. A district
organized under the provisions of this chapter may solicit
cooperation, donations, and contributions from the United States,
the state, or any other state or nation; any county, municipality,
water improvement district, water control and improvement
district, drainage district, or any other political subdivision of
the state; or any person, copartnership, corporation, or
association.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.167. EXPENSE OF PROCURING COOPERATION AND
CONTRIBUTIONS FROM OTHER AGENCIES. A district may incur
reasonable expense to procure cooperation under Section 51.166 of
this code in adding to the area of the district or with
contributions to the cost of improvements made by the district. The
contributions may be either a percentage of cost or a definite
annual sum.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.168. AUTHORITY OF CONTRIBUTOR. (a) Any water
improvement district, water control and improvement district,
levee improvement district, county, city, town, or other political
subdivision of the state may contract to contribute to the cost of
the construction of drainage, flood-control or water-supply
improvements, or the changing of land elevations which need
correction. The improvements to be constructed may be outside the
contributing district, municipality, or other political
subdivision of the state, and may be located outside the state or
the United States.
(b) The works may be constructed by any agency.
(c) The contribution shall be proportionate to the benefit
which the contributor will derive from the proposed improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.169. ISSUANCE OF BONDS BY CONTRIBUTOR. (a) The
contract may provide for the issuance of bonds by the contributor
and for direct payment from the proceeds of the bonds to contractors
on the estimates of the engineer for the contributor.
(b) Before issuing bonds, a contributing political
subdivision shall submit the contract for contribution to its
electors for approval and for authority to issue the bonds, fix a
lien to secure the bonds, and levy, assess, and collect taxes to
retire the bonds. The procedure by a contributing political
subdivision of the state shall conform to the applicable law under
which the political subdivision was organized and authorized to
create bonded indebtedness.
(c) The disposition of the proceeds of the bonds shall
conform to the approved contract of contribution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.170. ANNUAL TAX BY CONTRIBUTOR. (a) The contract
for contribution may provide that instead of issuing bonds the
contributor may levy, assess, and collect an annual tax in a
specific sum. The levy or assessment is a lien on the property
subject to the contributor's taxing power.
(b) The contributor shall collect the tax at its own expense
and pay it annually to the district to which the contribution is to
be made. The district shall hold the annual payment as a trust fund
and annually apply it to the bonds issued by it to provide funds for
the construction of the improvements to which the contribution is
made.
(c) The contributor shall submit the contract of
contribution to its electors for approval and for authority to levy
and assess a sufficient tax to meet the annual payments fixed in the
contract. The election for the approval of the contract and the
authorized taxes for the fulfillment of the contract shall conform
to appropriate law under which the contributing political
subdivision was organized and authorized to create bonded
indebtedness.
(d) Payment of the annual sums of contribution shall conform
to the contract of contribution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.171. CONTRIBUTIONS FROM UNAPPROPRIATED OR
AVAILABLE FUNDS OF CONTRIBUTOR. (a) If the proposed contributor
has an unappropriated fund or a fund which is not required for
actual use even though otherwise appropriated, the fund may be
withdrawn from the project which does not need it and may be applied
to pay contributions to the cost of the improvements considered to
be a benefit to the contributor but to be constructed by another
agency or jointly by the contributor and another agency.
(b) The board of the contributing political subdivision may
contract for contributions and contribute from an unappropriated or
available fund without submitting the contract and contributions to
a vote of the electors of the contributor. However, the
contributions shall not be made if they impair the ability of the
contributor to meet any outstanding obligation or to adequately and
economically discharge the contributor's duty to its electorate or
constituency.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.172. LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION
SYSTEM. If a district acquires an established irrigation system
which has contracted to supply water to others and the holders of
the contracts or the lands entitled to service of water are not
within the district, the contracts and duties shall be performed by
the district in the same manner and to the same extent that any
other purchaser of the system would be bound.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.173. AUTHORITY TO LEASE IRRIGATION SYSTEM SERVING
THE DISTRICT. (a) The board, by resolution, may lease all or part
of any irrigation system serving all or part of the district,
including distribution laterals, trunk or transmission canals,
pumping plants, intakes, and all usual or necessary appurtenances.
The board's resolution will specify the term of the lease, which may
not be more than 40 years.
(b) The board may lease property located partly outside the
boundaries of the district and may sell surplus water to other
districts and to other consumers.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.174. COVENANTS AND AGREEMENTS INCLUDED IN
LEASE. (a) The lease shall expressly state that the sums payable
under the terms of the lease and the lease itself shall not
constitute an indebtedness or pledge of the general credit of the
district within the meaning of any constitutional or statutory
limitation of indebtedness. The lease shall contain a statement
that payments due under it are not payable from any funds raised or
to be raised by taxation.
(b) The lease may contain covenants and agreements which are
not inconsistent with the provisions of this code which authorize
the lease for:
(1) the management and operation of the leased
properties;
(2) the imposition and collection of charges for
water;
(3) the disposition of the proceeds of charges;
(4) the insurance, protection, and maintenance of the
leased properties;
(5) the creation of other obligations payable from the
revenues derived from the operation of the leased properties;
(6) the keeping of books and records by the district;
and
(7) other pertinent provisions which the board
considers desirable to assure the payment of amounts due under the
lease.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.175. REVENUE FOR PAYMENT OF LEASE RENTAL. (a) All
money due the lessor under the lease shall be payable solely from
the revenue derived by the district from the sale of water supplied
through the leased system.
(b) The board shall set and collect charges for the water
supplied through the leased properties to produce sufficient
revenue at all times to allow for delinquencies and to pay promptly
all rental payments becoming due under the terms of the lease. The
board may agree to deposit this money in a separate fund as a first
charge on the gross revenue received each year from sales of water,
and which shall not be used for any other purpose.
(c) The board may agree in the lease to pay all expenses of
operating and maintaining the leased properties from the fund
provided by the board each year for the maintenance and operation
expenses of the district so that the gross revenue from sale of
water will be available exclusively for payment of rentals until
the amount required for rentals each year is paid into the separate
rental fund.
(d) If the board includes this agreement in the lease, the
board shall provide for the payment of sums into the maintenance
fund from sources other than the remaining portions of the gross
revenue from the sale of water not required to pay rentals which are
sufficient each year to pay all expenses of operating the district
and maintaining and operating its properties and facilities,
including the leased properties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.1751. ADDITIONAL SOURCES FOR PAYMENT OF
LEASE. (a) Notwithstanding any other provision of this chapter,
a district may make payments from tax revenue under a lease of all
or any part of an irrigation system as provided in Section 51.173 of
this code if the lease is approved by a majority of the qualified
voters voting at an election held for that purpose.
(b) An election for the approval of a lease shall be called
and conducted, the returns canvassed, and notice of the election
given under the same procedure as a bond election in the district.
The election may be held on the same day as a bond election of the
district.
(c) If the lease is approved at the election and authorized
by the board of directors, it shall constitute an obligation
against the taxing power of the district, and the district shall
levy, assess, and collect taxes to the extent provided in the lease.
Added by Acts 1979, 66th Leg., p. 883, ch. 403, § 2, eff. June 6,
1979.
§ 51.176. RECEIVER FOR LEASED IRRIGATION
SYSTEM. (a) If the district defaults in the payments due under a
lease, the lessor may petition a court of competent jurisdiction to
appoint a receiver for the leased properties.
(b) The receiver shall operate the properties and collect
and distribute the revenue according to the terms of the lease and
the direction of the court.
(c) The receiver has the same rights and powers as the board
in its operation of the leased properties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.177. JOINT LEASE BY TWO OR MORE DISTRICTS. The
boards of two or more districts may adopt resolutions to enter into
a joint lease under the provisions of Section 51.173 of this code.
The joint lease shall specify clearly the respective rights and
liabilities of the districts and shall be subject to all the
provisions of Sections 51.173-176 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.178. AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT
TO MORTGAGE. A district may acquire by gift, grant, or purchase
any part of an irrigation system serving the district which is
subject to a mortgage or encumbrance. The mortgage or encumbrance
shall not be assumed by the district and shall not be an
indebtedness of the district but shall constitute solely a charge
on the encumbered property and the revenue from it.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.179. REVENUE FOR PAYMENT OF MORTGAGE. (a) The
board may determine conclusively by resolution whether the mortgage
or encumbrance represents all or part of the cost of the acquired
property and constitutes a purchase money lien on the property.
(b) The board may contract to use and pledge its revenue
derived solely from the sale of water and services supplied through
the acquired properties for the payment of a purchase money lien.
(c) The board also may use revenue from taxation or from the
issuance and sale of bonds to pay all or part of the amount due under
the encumbrance if a majority of the electors of the district voting
at an election on this proposition approve its use.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.180. ELECTION TO APPROVE REVENUE FOR PAYMENT OF
MORTGAGE. (a) If tax and bond revenue is pledged to pay amount
due under the encumbrance, the district must hold an election and
receive the approval of the electors.
(b) An election to approve the use of tax and bond revenue
shall be held in the same manner and with the same voters'
qualifications as provided for elections on the issuance of the
bonds of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.181. JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO
OR MORE DISTRICTS. (a) Two or more districts jointly may acquire
by gift, grant, or purchase any part of an irrigation system serving
the districts subject to a mortgage or encumbrances in the same
manner that a single district may acquire the system.
(b) In the proceedings authorizing the acquisition, the
boards of the respective districts shall define clearly the
respective rights, interest, and liability of the districts in the
acquired property and in the mortgage or encumbrance.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.182. AUTHORITY TO LEASE FACILITIES TO WATER
CUSTOMERS. (a) A district may lease to any person, firm, or
corporation which is a bona fide water customer of the district any
of its river pump stations, conveyance canals, off-channel
reservoirs, reservoir pump stations, water mains, water treatment
plants, or other facilities used in connection with them. The lease
may include any of the district's land which is appropriate to the
utilization of the leased facilities, including but not limited to
land acquired by eminent domain.
(b) The board and the lessee shall agree on the form of the
lease and its terms, conditions, provisions, and stipulations;
however, the duration of the lease shall not be longer than the
duration of the water contract between the district and the lessee
under the primary term of the water contract and any renewal or
extension of it.
(c) After a lease to a water customer is authorized by the
board, the lease shall be executed by the president or vice
president of the board and attested by the secretary. The lease is
valid and effective without any other requirement or prerequisite
by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.184. PREFERENCE IN USE OF WATER. (a) The board
may award the use of district water in the following order of
preference and superiority:
(1) domestic and municipal use;
(2) industrial use, other than the development of
hydroelectric power;
(3) irrigation;
(4) development of hydroelectric power;
(5) pleasure and recreation.
(b) The board may withdraw water from an inferior use and
appropriate the water to a superior use when required for the
welfare of the district.
(c) The board must use the condemnation procedures in
Subchapter F of this chapter for a withdrawal or diversion of the
use of water which affects a vested right.
(d) The board may implement the action prescribed in
Subsection (b) or in Subsections (b) and (c) above, and shall obtain
necessary amendments to the district's permit, certified filing, or
certificate of adjudication in the manner provided in Section
11.122 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1975, 64th Leg., p. 1250, ch. 473, § 1, eff. June
19, 1975; Acts 1981, 67th Leg., p. 980, ch. 367, § 16, eff. June
10, 1981.
§ 51.185. SUIT TO PROTECT WATER RIGHTS. The board may
institute and maintain any suit or suits to protect the water supply
or other rights of the district, to prevent any unlawful
interference with the water supply or other rights of the district,
or to prevent a diversion of its water supply by others.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.186. TRANSFER OF WATER RIGHT. If there is land in a
district which has a water right from a source of supply acquired by
the district but the land is difficult or impracticable to irrigate
from that source of supply, the district may allow transfer of the
water right to other land which is adjacent to the district. The
adjacent land may be admitted to the district with the same right of
water service as the land from which the water was transferred.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.187. SELLING WATERPOWER PRIVILEGES. (a) The
district may enter into a contract to sell waterpower privileges if
power can be generated from water flowing from the district's
reservoirs or within its canal system.
(b) The sale of waterpower privileges may not interfere with
the district's obligation to furnish an adequate supply of water
for the purpose for which the district was organized and for
municipal purposes in districts which furnish water for municipal
purposes.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.188. SELLING SURPLUS WATER. The district may sell
any surplus district water for use in irrigation or for domestic or
commercial uses to any person who owns or uses land in the vicinity
of the district or to other districts which include land in the same
vicinity.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.189. PUMPING WATER TO ANOTHER DISTRICT. If the
board considers it advisable, it may contract to pump for or supply
another district any water in which the other district has a right.
The board shall provide the terms of the contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.190. OBTAINING TOPOGRAPHIC MAPS AND DATA. The
executive director shall furnish to a district topographic maps and
data concerning all projects for the control of floods undertaken
by the district and all projects for the storage of water or
creation of reservoirs undertaken by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 961, ch. 367, § 1, eff. June
10, 1981.
§ 51.194. SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE
PLANS OF THE DISTRICT. The board may sell property bid in by it at
any sale under foreclosure of its tax lien or of its lien for
charges or assessments, or any property acquired by it other than
for the purpose of carrying out the plans of the district, without
formally determining that the property is not required to carry out
the plans of the district, without giving notice of the intent of
the district to sell the property, and without applying the
proceeds of the sale as provided in Section 51.192 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.195. PROHIBITED CHARGES AND FEES. (a) In this
section, "undeveloped property" means property within the district
to which water or sewer services are actually available and to which
no water or sewer connections have been made.
(b) Except as provided in Subsection (c) of this section, no
district in which the ratio of the assessed valuation of property to
the amount of bonded indebtedness of the district is at least 15 to
1, proposing to provide or actually providing water and sewer
services or either of these services to household users as the
principal function of the district, may adopt and impose on the
owners of undeveloped property in the district a charge or fee on
the undeveloped property that is in addition to taxes levied on that
property.
(c) If the board of directors of a district covered by this
section desires to adopt and impose a charge or fee prohibited by
Subsection (b) of this section, it shall submit to the commission a
petition for authority to adopt and impose the charge or fee. If
the commission finds that it will be in the best interest of the
district and property owners of the district, the commission shall
approve the adoption and imposition of the charge or fee for a
period of not more than three years. The imposition of a charge or
fee may be renewed for additional periods of three years in the
manner provided in this section for initial approval of the charge
or fee.
Added by Acts 1979, 66th Leg., p. 437, ch. 198, § 1, eff. Jan. 1,
1980.
§ 51.196. DEVELOPMENT OF UNDERGROUND WATER BY CERTAIN
DISTRICTS. A conservation and reclamation district created by
special law under the authority of Section 59, Article XVI, Texas
Constitution, and designated as a municipal water district to which
the administrative and taxing provisions applicable to districts
governed by this chapter apply, may develop or otherwise acquire
underground sources of water, notwithstanding a provision in that
district's special law otherwise prohibiting the development of
acquisition of underground water.
Added by Acts 1997, 75th Leg., ch. 1010, § 4.45, eff. Sept. 1,
1997.
SUBCHAPTER E. ELECTION PROVISIONS
§ 51.221. ELIGIBILITY TO VOTE: MAVERICK COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 1. (a) In this section,
"district" means the Maverick County Water Control and Improvement
District No. 1.
(b) A person is eligible to vote in an election conducted by
the district if the person:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) is an individual who holds title to or an interest
in title to irrigable farmland or ranch land within the boundaries
of the district; and
(4) receives and uses irrigation water delivered by
the district by and through the district's canal system.
(c) A person eligible to vote under Subsection (b) must
register with the district not later than the 30th day before the
date of a district election in order to vote in that district
election. The district shall file with the county clerk of Maverick
County a certified copy of the list of the district's registered
voters not later than the 25th day before the date of each district
election.
Added by Acts 2001, 77th Leg., ch. 60, § 1, eff. Sept. 1, 2001.
SUBCHAPTER F. ENFORCEMENT
§ 51.241. PENALTY FOR VIOLATION OF REGULATION. A person
who violates a regulation adopted by a district under this chapter
or other law commits an offense. An offense under this section is a
Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1423, § 27, eff. June 17,
2001. Renumbered from V.T.C.A., Water Code § 51.221 by Acts
2003, 78th Leg., ch. 1275, § 2(149), eff. Sept. 1, 2003.
SUBCHAPTER G. WATER CHARGES AND ASSESSMENTS
§ 51.301. STATEMENT ESTIMATING WATER REQUIREMENTS AND
PAYMENT OF CHARGE. (a) Each person who desires to receive water
at any time during the year shall furnish the secretary of the board
a written statement of the acreage he intends to irrigate and the
different crops he intends to plant with the acreage of each crop.
(b) At the time the acreage estimate is furnished to the
secretary, each person applying for water shall pay the portion of
the water charge or assessment set by the board.
(c) If a person does not furnish the statement of estimated
acreage or does not pay the part of the water charge or assessment
set by the board before the date for fixing the assessment, the
district is not obligated to furnish water to that person during
that year.
Acts 1971, 62nd Leg., p. 324, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.302. CONTRACTS WITH PERSON USING WATER. (a) The
board may require each person who desires to use water during the
year to enter into a contract with the district which states the
acreage to be watered, the crops to be planted, the amount to be
paid for the water, and the terms of payment.
(b) If a person irrigates more land than his contract
specifies, he shall pay for the additional service.
(c) The directors also may require a person using water to
execute a negotiable note or notes for all or part of the amount
owed under the contract.
(d) The contract is not a waiver of the lien given to the
district under Section 51.309 of this code against the crops of a
person using water for the service furnished to him.
Acts 1971, 62nd Leg., p. 324, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.303. AUTHORITY TO DETERMINE RULES AND
REGULATIONS. The board may adopt, alter, and rescind rules,
regulations, and standing and temporary orders which do not
conflict with the provisions of this subchapter and which govern:
(1) methods, terms, and conditions of water service;
(2) applications for water;
(3) assessments for maintenance and operation;
(4) payment and the enforcement of payment of the
assessments;
(5) furnishing water to persons who did not apply for
it before the date of assessment; and
(6) furnishing water to persons who wish to take water
for irrigation in excess of their original applications or for use
on land not covered by their original applications.
Acts 1971, 62nd Leg., p. 325, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
EXPENSES. The board, on or as soon as practicable after a date
fixed by standing order of the board, shall estimate the expenses of
maintaining and operating the irrigation system for the next 12
months. The board may change the 12-month period for which it
estimates the expenses of maintaining and operating the irrigation
system by estimating such expenses for a shorter period so as to
adjust to a new fixed date and thereafter estimating the expenses
for 12-month periods following the adjusted fixed date.
Acts 1971, 62nd Leg., p. 325, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 789, § 1, eff. Sept. 1,
1997.
§ 51.305. DISTRIBUTION OF ASSESSMENT. (a) Not less
than one-third nor more than two-thirds of the estimated
maintenance and operating expenses shall be paid by assessment
against all land in the district to which the district can furnish
water through its irrigation system or through an extension of its
irrigation system.
(b) The assessments shall be levied against all irrigable
land in the district on a per acre basis, whether or not the land is
actually irrigated. The board shall determine from year to year the
proportionate amount of the expenses which will be borne by water
users.
(c) The remainder of the estimated expenses shall be paid by
assessments against persons in the district who use or who make
application to use water. The board shall prorate the remainder as
equitably as possible among the applicants for water and may
consider the acreage each applicant will plant, the crop he will
grow, and the amount of water per acre he will use.
Acts 1971, 62nd Leg., p. 325, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, § 12, eff. May
31, 1971.
§ 51.306. NOTICE OF ASSESSMENTS. (a) Public notice of
all assessments shall be given by posting printed notices of the
assessment in at least three public places in the district.
(b) Notice shall be mailed to each landowner at the address
which the landowner shall furnish to the board.
(c) The notice shall be posted in a public place and mailed
to each landowner five days before the assessment is due, and notice
of special assessments shall be given within 10 days after the
assessment is levied.
Acts 1971, 62nd Leg., p. 325, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.307. PAYMENT OF ASSESSMENTS. (a) All assessments
shall be paid in installments at the times fixed by the board.
(b) If a crop for which water was furnished by the district
is harvested before the due date of any installment payment, the
entire unpaid assessment becomes due at once and shall be paid
within 10 days after the crop is harvested and before the crop is
removed from the county or counties in which it was grown.
Acts 1971, 62nd Leg., p. 325, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.308. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND
COLLECTOR. (a) Under the direction of the board, the assessor and
collector, or other person designated by the board, shall collect
all assessments for maintenance and operating expenses.
(b) The assessor and collector shall execute a bond in an
amount determined by the board, conditioned on the faithful
performance of his duties and accounting for all money collected.
(c) The assessor and collector shall keep an account of all
money collected and shall deposit the money as collected in the
district depository. He shall file with the secretary of the board
a statement of all money collected once each week.
(d) The assessor and collector shall use a duplicate receipt
book, give a receipt for each collection made, and retain in the
book a copy of each receipt, which shall be kept as a record of the
district.
Acts 1971, 62nd Leg., p. 326, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.309. LIEN AGAINST CROPS. The district shall have a
first lien, superior to all other liens, against all crops grown on
each tract of land in the district to secure the payment of the
assessment, interest, and collection or attorney's fees.
Acts 1971, 62nd Leg., p. 326, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments
not paid when due shall become delinquent on the first day of the
month following the date payment is due, and the board shall post in
a public place in the district a list of all persons who are
delinquent in paying their assessments and shall keep posted a
correct list of all persons who are delinquent in paying
assessments. If a person who owes an assessment has executed a note
and contract as provided in Section 51.302 of this code, he shall
not be placed on the delinquent list until after the maturity of the
note and contract.
Acts 1971, 62nd Leg., p. 326, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 789, § 1, eff. Sept. 1,
1997.
§ 51.311. WATER SERVICE DISCONTINUED. If a landowner
fails or refuses to pay a water assessment when due, his water
supply shall be cut off, and no water may be furnished to the land
until all back assessments are fully paid. The discontinuance of
water service is binding on all persons who own or acquire an
interest in land for which assessments are due.
Acts 1971, 62nd Leg., p. 326, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for
delinquent water assessment may be brought either in the county in
which the district is located or in the county in which the
defendant resides. All landowners are personally liable for
assessments provided in this subchapter.
Acts 1971, 62nd Leg., p. 326, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.313. INTEREST AND COLLECTION FEES. (a) All
assessments shall bear interest from the date payment is due at the
rate of 15 percent a year. Assessments not paid by the first day of
the month following the date payment is due shall become
delinquent, and a penalty of up to 15 percent of the amount of the
past-due assessment shall be added to the amount due.
(b) If suit is filed to foreclose a lien on crops or if a
delinquent assessment is collected by an attorney before or after
suit, an additional amount of 15 percent on the unpaid assessment,
penalty, and interest shall be added as collection or attorney's
fees.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1995, 74th Leg., ch. 346, § 1, eff. Jan. 1, 1996;
Acts 1997, 75th Leg., ch. 789, § 1, eff. Sept. 1, 1997.
§ 51.314. RIGHTS OF THE UNITED STATES. (a) If the
board enters into a contract with the United States, the remedies in
this subchapter available to the district also shall apply to
enforce payment of charges due to the United States. The federal
reclamation laws shall also apply.
(b) The directors shall distribute and apportion all water
acquired by the district under a contract with the United States in
accordance with acts of Congress, rules and regulations of the
secretary of the interior, and provisions of the contract.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.315. SURPLUS ASSESSMENTS. If assessments made
under this subchapter are more than sufficient to pay the necessary
expenses of the district, the balance shall be carried over to the
next year.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.316. INSUFFICIENT ASSESSMENTS. If the assessments
made under this subchapter are not sufficient to pay the necessary
expenses of the district, the unpaid balance shall be assessed pro
rata, in accordance with the assessments made for the current year.
The additional assessments shall be paid under the same conditions
and penalties within 30 days after the date of assessment.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.317. DETERMINING MAINTENANCE AND OPERATION
CHARGES. The board may make, establish, and collect maintenance
and operation charges for service on the basis of the quantity of
water furnished or appropriate measure of the service rendered.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.318. CHARGES FOR MAINTENANCE EXPENSES. (a) If
maintenance charges are based on the quantity of water used, a fixed
minimum charge may be made on all land, water connections, or other
service entitled to receive and use water. An additional charge may
be made for the use of more water than that covered by the minimum
charge.
(b) The board may install proper measuring devices or
require that they be installed.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.319. CHARGE TO CITIES AND TOWNS. If a district
includes a city or town or contracts with a city or town to supply
water to it, the charge for the use of the water and the time and
manner of payment shall be determined by the board or fixed by the
contract made with the board.
Acts 1971, 62nd Leg., p. 327, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.320. LOANS FOR MAINTENANCE AND OPERATING
EXPENSES. The board may borrow money to pay maintenance and
operating expenses at an interest rate of not more than 10 percent a
year and may pledge as security any of its notes or contracts with
water users or accounts against them.
Acts 1971, 62nd Leg., p. 328, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.321. WATER SERVICE: REFUSED. The board may refuse
water service to any person who refuses to pay the charges and
assessments for water service or who fails or refuses to pay any
taxes levied against his property after six months from the date the
taxes become delinquent.
Acts 1971, 62nd Leg., p. 328, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER H. WASTE DISPOSAL AND CONTROL OF STORM WATER
§ 51.331. AUTHORITY TO DISPOSE OF WASTE AND CONTROL
STORM WATER. (a) A district may include in its purposes and plans
all improvements, facilities, plants, equipment, and appliances
incident to or helpful or necessary to the collection,
transportation, processing, disposal, and control of all domestic,
industrial, or communal wastes, whether fluids, solids, or
composites, and to gather, conduct, divert, and control local storm
water or other local harmful excesses of water.
(b) The district may use any mechanical or chemical means or
processes incident, necessary, or helpful to accomplish these
purposes, and to conserve and promote the public health and
welfare, and to protect, effect, or restore the purity and sanitary
condition of the state's water.
Acts 1971, 62nd Leg., p. 328, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.332. INCREASING DISTRICT'S POWERS. (a) A
district operating under the provisions of this chapter which did
not at the time of its creation have the powers provided in Section
51.331 of this code may assume the additional powers in the same
manner and by the same procedures as provided in this subchapter,
except that it is not necessary to hold an election to confirm the
order establishing the district's increased powers.
(b) The board may not issue a money obligation to finance
the increased functions, facilities, and powers until after the
electors of the district have authorized it by a constitutional and
statutory majority vote as provided by this chapter to control the
issuance of preliminary bonds or construction bonds as the proposal
may require.
Acts 1971, 62nd Leg., p. 328, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.333. APPROVAL OF PETITION CREATING
DISTRICT. (a) The commission shall hear and determine the
petition to create a district to exercise the powers and functions
provided in Section 51.331 of this code.
(b) The commission shall hear and determine the petition
under the applicable provisions of Sections 51.027-51.031 of this
code.
(c) The executive director shall render technical aid
concerning the petition and plans of the district.
(d) Nothing in this section impairs the right of the
commissioners court to grant a petition under the provisions of
Section 51.021 of this code relating to a district to be located
wholly in one county if the district will not have the powers
provided in Section 51.331 of this code.
Acts 1971, 62nd Leg., p. 328, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 980, ch. 367, § 17, eff. June
10, 1981; Acts 1995, 74th Leg., ch. 76, § 11.322, eff. Sept. 1,
1995.
§ 51.334. ELECTION PROVISIONS. The provisions of
Sections 51.035-51.037 of this code shall not apply to an election
to create a district to exercise the powers provided in Section
51.331 of this code.
Acts 1971, 62nd Leg., p. 329, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.335. OTHER GOVERNMENTAL AGENCIES INCLUDED. (a) A
district proposing to exercise the powers and to perform the
functions provided in this subchapter may include any part of areas
already included within the boundaries of any political
subdivision, governmental agency, or body politic of the state.
(b) The district shall not usurp functions or duplicate a
service already adequately exercised or rendered by the other
governmental agency except under a valid contract with the other
governmental agency.
Acts 1971, 62nd Leg., p. 329, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.336. ADDITIONAL LAND. Additional defined areas
may be added to the district in the manner provided in this
subchapter for creation of a district.
Acts 1971, 62nd Leg., p. 329, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.337. POWERS OF DISTRICT. The district has all the
powers and rights of procedure, financing, construction,
maintenance, rehabilitation, operation, and administration
conferred by Article XVI, Section 59, of the Texas Constitution,
and by this chapter.
Acts 1971, 62nd Leg., p. 329, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.338. RULES, REGULATIONS, AND CHARGES. (a) The
district may adopt and enforce reasonable rules, regulations, and
specific charges, fees, or rentals, in addition to taxes, for
providing any district facility or service.
(b) The board shall publish a copy of the adopted orders and
regulations once a week for two consecutive weeks in one or more
newspapers with general circulation in the district and record the
adopted orders and regulations in full in the minutes of the
district.
(c) After the required publication and recording, the
police power of the district, as provided in this chapter, may be
exercised to enforce the intent of the orders, and the district may
discontinue a facility or service to prevent an abuse or to enforce
payment of a due and unpaid charge, fee, or rental, including taxes
that are due and have remained unpaid for at least six months on the
date of the discontinuance.
Acts 1971, 62nd Leg., p. 329, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1989, 71st Leg., ch. 502, § 1, eff. June 14,
1989; Acts 1989, 71st Leg., ch. 1218, § 5, eff. Aug. 28, 1989.
§ 51.339. TAXES. The district, either solely or in
connection with other powers granted by this chapter, may impose
taxes in addition to the taxes which may have been or may be imposed
by another governmental agency included in the district.
Acts 1971, 62nd Leg., p. 329, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER I. GENERAL FISCAL PROVISIONS
§ 51.351. CONSTRUCTION FUND. (a) The proceeds from
the sale of bonds shall be deposited in the construction fund.
(b) Money deposited in the construction fund shall be used
to pay expenses, debts, and obligations necessarily incurred in the
creation, establishment, and maintenance of the district and to pay
the purchase price of property and construction contracts,
including purchases for which the bonds were issued.
(c) If the bonds were issued in accordance with a contract
with the United States, debts and obligations may be paid from the
construction fund under the terms of or incident to the contract.
(d) After the payment of obligations for which the bonds
were issued, any remaining money in the construction fund may be
transferred to the maintenance fund.
Acts 1971, 62nd Leg., p. 330, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.352. MAINTENANCE FUND. (a) The district shall
have a maintenance fund which shall include money collected by
assessment or other method for the maintenance, repair, and
operation of the properties and plant of the district or for
temporary annual rental due to the United States.
(b) The maintenance fund shall be used to pay all expenses
of maintenance, repair, and operation of the district except the
expenses of assessing and collecting taxes for the interest and
sinking fund. Expenses for collecting taxes for the interest and
sinking fund shall be paid from the interest and sinking fund.
(c) The district may pay from the maintenance fund other
expenses for which the payment is not provided in this chapter.
Acts 1971, 62nd Leg., p. 330, ch. 58, § 1, eff. Aug. 30, 1971.
§ 51.353. AMORTIZATION AND EMERGENCY FUND. (a) The
board shall have a competent engineer make an inspection and
valuation of the physical property of the district which is subject
to decay, obsolescence, injury, or damage by sudden, accidental, or
unusual causes, and based on the inspection and valuation, the
engineer shall determine as nearly as he can a sufficient amount to
be set aside annually to pay for replacement of each item of
physical property at the end of its economic life or for the
restoration or replacement of any item of physical property if it is
lost, injured, or damaged.
(b) The board shall set aside a portion of the maintenance
fund as it is collected equal to the amount determined under
Subsection (a) of this section and shall place this money in the
amortization and emergency fund. No part of this fund may be spent
except to replace amortized property or to replace or restore lost,
injured, or damaged property.
(c) Any amount in the amortization and emergency fund which
is not spent for the purposes for which the fund was created may be
invested in bonds or interest bearing securities of the United
States.
(d) The board is not required to create an amortization and
emergency fund, but if the board does create the fund, it shall be
kept up and maintained.
Acts 1971, 62nd Leg., p. 330, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER K. ISSUANCE OF BONDS
§ 51.401. AUTHORITY TO ISSUE BONDS OF DISTRICTS
OPERATING UNDER ARTICLE III, SECTION 52, OF THE TEXAS
CONSTITUTION. A district which is operating under Article III,
Section 52, of the Texas Constitution, may issue bonds and lend its
credit in an amount of not more than one-fourth of the assessed
valuation of the real property in the district. However, the total
