WATER CODE
CHAPTER 62. ARTICLE XVI, SECTION 59, NAVIGATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.001. DEFINITIONS. As used in this chapter:
(1) "District" means a navigation district operating
under the provisions of Article XVI, Section 59, of the Texas
Constitution.
(2) "Commission" means the navigation and canal
commission.
(3) "Commissioner" means a navigation and canal
commissioner.
(4) "Board" means the navigation board.
(5) "County of jurisdiction" means the county in which
the district or the greater amount of acreage of the district is
located.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT
§ 62.021. CREATION OF DISTRICT. A navigation district
may be created in the manner prescribed by this subchapter under
Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.022. COMPOSITION. A district may include within
its boundaries all or part of villages, towns, cities, road
districts, drainage districts, irrigation districts, levee
districts, other improvement districts, and municipal corporations
of any kind but may not include the territory of more than three
counties or parts of three counties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.023. PETITION. (a) Any person may present a
petition to the commissioners court in the county of jurisdiction,
at a regular or special session, requesting the creation of a
district.
(b) The petition shall be signed by 25 of the property
taxpaying electors who reside inside the boundaries of the proposed
district. If there are less than 75 property taxpaying electors who
reside inside the boundaries of the proposed district, the petition
shall be signed by one-third of them.
(c) The petition shall include:
(1) a request that the district be created;
(2) the boundaries of the district accompanied by a
map;
(3) the general nature of the proposed improvements;
(4) an estimate of the probable cost of the
improvements; and
(5) the name of the district, which shall include the
name of the county.
(d) The petition shall be accompanied by an affidavit of the
petitioners' qualifications.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.024. DEPOSIT. At the time the petition is filed
with the commissioners court, the petitioner shall deposit $500 in
cash with the clerk of the commissioners court. The clerk shall
keep the deposit until after the result of the election to create
the district is declared and entered in the record by the
commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.025. DATE OF HEARING. (a) On presentation of the
petition, the commissioners court of the county of jurisdiction
shall set it for a hearing at the regular term of the commissioners
court or at a special session called for that purpose. The hearing
shall be held not less than 30 nor more than 60 days from the day the
petition is presented.
(b) If the hearing is required by Section 62.026 of this
code, to be held by the navigation board, the commissioners court
shall set the hearing at the regular meeting place of the
commissioners court not less than 30 nor more than 60 days from the
day the petition is presented without reference to any term of the
commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.026. HEARING BEFORE THE BOARD. If the boundaries
of a proposed district include all or part of a city or cities
acting under special charter granted by the legislature, the
hearing on the petition shall be held before the board.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.027. NOTICE OF HEARING. (a) The commissioners
court shall order the clerk to post a copy of the petition together
with the order of the commissioners court in five public places in
the county, one of which shall be the courthouse door and four of
which shall be in different places inside the limits of the proposed
district. The notice shall be posted not less than 20 days before
the time set for the hearing.
(b) If the district is composed of more than one county, a
copy of the petition together with the order shall be posted at the
courthouse door of each county in which any portion of the proposed
district is located, and four copies shall be posted at four other
places inside the included territory of each county.
(c) The clerk shall receive $1 as compensation for posting
each notice and five cents a mile for each mile necessarily traveled
in posting the notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.028. HEARING ON PETITION. (a) The commissioners
court or the board has exclusive jurisdiction to hear and determine
all contests and objections and other matters relating to creating
a district and in all subsequent proceedings.
(b) Any person who has taxable property in the proposed
district or who may be affected by the creation of the district may
appear at the hearing and contest or support the creation of the
district, offer testimony for or against the boundaries, show that
the proposed improvements would or would not be of any public
utility and would or would not be practicable and feasible, present
evidence of the probable cost of the improvements, or present any
other matter relating to the district.
(c) The commissioners court or navigation board may adjourn
the hearing from day to day, and judgments or decisions rendered by
the commissioners court or the board are final except as otherwise
provided by this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.029. FINDINGS. (a) If the commissioners court or
the board finds that the improvements would be feasible and
practicable and would be a public benefit and utility and approves
the boundaries as set out in the petition, it shall compute the
amount of money necessary for the improvements and all incidental
expenses and shall determine whether to issue bonds for the full
amount or for a smaller amount in the first instance.
(b) The commissioners court or the board shall specify:
(1) the amount of bonds to be issued;
(2) the length of time the bonds will run; and
(3) the rate of interest.
(c) The findings and specifications together with a map of
the district shall be recorded in the minutes of the commissioners
court or the board.
(d) If the commissioners court or the board does not approve
the proposed boundaries of the district, it shall define the
boundaries it considers correct. Before any change is made in the
boundaries of the proposed district, notice shall be given and a
hearing held as provided in Sections 62.027 and 62.028 of this code.
(e) If the commissioners court or the board finds that the
improvements are unnecessary and would not be practicable or
feasible and would not be a public benefit or utility, it shall
enter these findings in the minutes and shall dismiss the petition
at the cost of the petitioners. However, the dismissal of a
petition does not prevent or conclude the presentation of a similar
petition at a later date.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.030. ELECTION ORDER. (a) If the commissioners
court or the board finds in favor of the petitioners for the
creation of the district, the commissioners court of the county of
jurisdiction shall order an election to be held inside the proposed
district at the earliest legal time.
(b) The order of the court shall provide for submitting to
the electors residing in the proposed district the question of
whether or not the district will be created and whether or not
proposed bonds will be issued and a tax levied sufficient to pay the
interest and provide a sinking fund sufficient to redeem the bonds
at maturity.
(c) The order shall specify:
(1) the amount of bonds to be issued;
(2) the length of time the bonds will run; and
(3) the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.031. NOTICE OF ELECTION. (a) The clerk of the
commissioners court shall prepare notice of the election and shall
post the notice for 30 days before the day set for the election.
(b) The notice shall be posted in the same places specified
in Section 62.027 of this code.
(c) The notice shall state:
(1) the time and place of holding the election;
(2) the proposition to be voted on; and
(3) the purpose for which the bonds are to be issued
and the amount of the bonds.
(d) The notice shall contain a copy of the order of the court
ordering the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.032. BALLOT. The ballot shall be printed to
provide for voting for or against the proposition: "The creation of
the navigation district and the issuance of bonds and levy of a tax
for the payment of the bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.033. CONDUCT OF ELECTION. (a) The commissioners
court shall issue an order creating and defining the voting
precincts in the proposed district and shall name polling places
within the precincts. In designating the polling places, the
commissioners court shall take into consideration the convenience
of the voters in the proposed district.
(b) The commissioners court shall select and appoint the
judges and other necessary officers of election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.034. CANVASS OF RETURNS. (a) Immediately after
the election, the election officers shall make returns of the
result and return the ballot boxes to the clerk of the commissioners
court of jurisdiction.
(b) The clerk shall deliver the boxes and the returns of the
election to the commissioners court of jurisdiction at its next
regular or special session.
(c) At that session, the commissioners court shall canvass
the returns of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.035. DECLARATION OF RESULT. If a majority of the
votes favor creating the district, issuing bonds, and levying a
tax, the commissioners court shall declare the result and enter it
in the minutes of the commissioners court as follows:
"Commissioners court of ____________________ County, Texas.
__________ term A.D. __________, in the matter of the petition of
__________ and __________ others requesting the creation of a
navigation district, issuance of bonds, and levy of a tax in the
petition described and designated by the name of
____________________ Navigation District. Be it known that at an
election called for that purpose in the district, held on the ______
day of ______ A.D. ______, a majority of the electors voting voted
in favor of the creation of the navigation district, the issuance of
bonds, and the levy of a tax. Now, therefore, it is considered and
ordered by the commissioners court that the navigation district, be
and the same is hereby established by the name of __________
Navigation District, and that bonds of the district in the amount of
$______ be issued, and a tax of ______ cents on the $100 valuation,
or so much thereof as may be necessary to be levied upon all
property within the navigation district, whether real, personal,
mixed, or otherwise, sufficient in amount to pay the interest on the
bonds and provide a sinking fund to redeem that at maturity, and
that if the tax shall at any time become insufficient for these
purposes it shall be increased until it is sufficient. The metes
and bounds of the district are as follows: (Give metes and
bounds)."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.036. EXPENSES. (a) If the result of the election
favors the creation of the district, the clerk shall return the $500
deposit required by Section 62.024 of this code to the signers of
the original petition, their agents or their attorney.
(b) If the result of the election is against the creation of
the district, the clerk shall pay out of the $500 deposit on
vouchers signed by the county judge, all costs and expenses
relating to the proposed district up to and including the election.
The balance, if any, of the $500 shall be returned to the signers of
the original petition, their agents, or their attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 62.061. NAVIGATION BOARD. (a) The navigation board
shall include the members of the commissioners court and the mayor
and aldermen or commissioners of the included city or cities acting
under special charter granted by the legislature. If there is only
one city or part of one city acting under special charter granted by
the legislature inside the proposed district and if the charter of
the city at any time authorizes the city council or city board of
commissioners to be greater in number than the members of the
commissioners court, the number of aldermen or city commissioners
who are entitled to sit and vote as members of the board along with
the mayor will be limited to that number which equals the number of
members of the commissioners court. The aldermen or city
commissioners entitled to act as members of the board shall be
determined by the members of the city council or city board of
commissioners among themselves.
(b) The county judge, and in his absence the mayor, shall
preside at meetings of the board and each member of the board,
including the presiding officer, is entitled to a vote.
(c) A majority of the members of the board constitute a
quorum, and action of a majority of the quorum shall control.
(d) The county clerk shall enter the proceedings of the
board in a book kept for that purpose, and the book shall be
available for public inspection.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.062. APPOINTMENT OF INITIAL
COMMISSIONERS. (a) After the creation of the district, the
commissioners court or board shall appoint three navigation and
canal commissioners who shall compose the navigation and canal
commission.
(b) After the initial commissioners on the navigation and
canal commission complete their terms, subsequent commissioners
shall be elected.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.063. ELECTION OF
COMMISSIONERS. (a) Commissioners shall be elected on the second
Saturday in July of each odd-numbered year at an election ordered by
the commission.
(b) The secretary of the commission shall give notice of the
election by posting at least three copies of the notice at three
public places inside the district or by publishing the notice for 20
days before the election in a newspaper with general circulation in
the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.0631. APPOINTMENT OF COMMISSIONERS. (a) Instead
of electing commissioners as provided in Section 62.063 of this
code, the commissioners court or board may appoint three navigation
and canal commissioners to serve on the commission.
(b) The commissioners shall hold office for a term of two
years and until their successors are appointed and have qualified.
(c) Commissioners may be removed from office by a majority
of the commissioners court or the board for malfeasance or
nonfeasance in office.
(d) Successors to members of the commission shall be
appointed by a majority vote of the commissioners court or the
board.
Added by Acts 1971, 62nd Leg., p. 1771, ch. 518, § 18, eff. May
31, 1971.
§ 62.064. QUALIFICATIONS OF COMMISSIONERS. Each person
who is appointed or elected commissioner shall be a resident of the
proposed navigation district and shall be an elector of the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.065. TERM OF OFFICE. Commissioners shall hold
office for staggered terms of six years and until their successors
are elected and have qualified.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.066. VACANCIES. (a) A vacancy on the commission
shall be filled by the remaining members of the commission.
(b) If two or more vacancies on the commission occur at the
same time, a special election may be called on petition signed by 50
electors.
(c) Notice of the election shall be given by publishing or
posting notice for at least 20 days before the election.
(d) The petition for the election shall include the names of
the judges and clerks of the election, and the judges and clerks
shall jointly canvass the returns, declare the result, and issue
certificates of election to the successful candidates.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.067. REMOVAL FROM OFFICE. (a) A commissioner may
be removed from office for malfeasance or nonfeasance in office by
unanimous vote of the commissioners court or the board after a
hearing held according to law.
(b) Appeal from a judgment of removal may be taken to a
district court of the county in which the commissioner resides. The
court shall try the case de novo.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.068. OATH OF COMMISSIONERS. (a) Before each
commissioner begins to perform his duties, he shall take and
subscribe before the county judge of the county of jurisdiction an
oath to discharge faithfully the duties of his office without favor
or partiality and to render a true account of his activities to the
commissioners court of the county of jurisdiction or the board
whenever required to do so.
(b) The oath shall be filed by the clerk of the
commissioners court and preserved as part of the records of the
district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.069. BOND OF COMMISSIONERS. Before a commissioner
begins to perform his duties, he shall execute a good and sufficient
bond for $1,000, payable to the county judge of the county of
jurisdiction for the use and benefit of the district and
conditioned on the faithful performance of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.070. COMPENSATION OF COMMISSIONERS. Each
commissioner shall receive for his services the compensation
determined by the commissioners court of the county of
jurisdiction.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.071. ORGANIZATION OF COMMISSION. (a) The
commission shall organize by electing one of the members chairman
and one secretary.
(b) Two of the commissioners constitute a quorum. A
concurrence of two is sufficient in all matters relating to the
business of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.072. TWO-COUNTY DISTRICTS; APPOINTMENT OF
COMMISSION. (a) In a district composed of land in two or more
counties, the commissioners court of the county of jurisdiction by
a majority vote shall appoint one commissioner. The commissioners
court of the other county included in whole or in part within the
district shall appoint by a majority vote a second commissioner.
The two commissioners courts shall appoint the third commissioner
at a joint meeting of the two commissioners courts called and
presided over by the county judge of the county of jurisdiction.
(b) Notice in writing of the joint meeting of commissioners
courts shall be given by mail or delivered in person at least two
days before the day set for the meeting.
(c) Each of the county judges and county commissioners
composing the commissioners courts of both counties shall be
entitled to one vote in appointing the third commissioner. A
majority vote of those present at the meeting shall be sufficient to
make the appointment.
(d) On the termination of the term of office of each
commissioner or in case of vacancy, a successor shall be appointed
by the same commissioners court which appointed the commissioner
whose place is being filled.
(e) Except for the matters expressly provided for in this
section, two-county districts are subject to all other provisions
of this subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.073. DISTRICT TREASURER. The county treasurer of
the county of jurisdiction shall be treasurer of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.074. TREASURER'S BOND. (a) The county treasurer
shall execute a good and sufficient bond, payable to the
commissioners, in an amount equal to twice the amount of funds he
will hold at any time as treasurer of the district. The
commissioners shall estimate the sum to be used as a basis for
computing the amount of the required bond. The bond shall be
conditioned for the faithful performance by the treasurer of his
duties for the district and must be approved by the commissioners.
(b) When any bonds are voted by the district, the county
treasurer, before receiving the proceeds from the sale of the
bonds, shall execute an additional good and sufficient bond,
payable to the commissioners, in an amount which is twice the amount
of bonds issued. This additional bond shall be conditioned and
approved in the same manner as the first but shall not be required
after the treasurer has disbursed the proceeds of the bond issue.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.075. TREASURER'S COMPENSATION. The county
treasurer shall be allowed as compensation for his services as
treasurer of the district the amount determined by the
commissioners. The compensation may not exceed the percentage
authorized by law for his services as county treasurer.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.076. DISTRICT ENGINEER. (a) The commission may
employ a competent engineer who shall serve at the will of the
commission.
(b) The district engineer shall receive the compensation
determined by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.077. ASSISTANT ENGINEERS AND EMPLOYEES; COUNSEL;
SALARIES AND FEES. (a) The commission may employ assistant
engineers and other employees which may be necessary.
(b) The commission may employ counsel to represent the
district in the preparation of any contract, to conduct any
proceedings in or out of court, and to be the legal adviser of the
commission on such terms as may be agreed upon by the commission.
(c) The amount of compensation for employees and fees of
counsel shall be determined by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.078. SUITS; JUDICIAL NOTICE. (a) A district
established under this chapter may, by and through the commission,
sue and be sued in all courts of this state in the name of the
district.
(b) All courts of this state shall take judicial notice of
the establishment of all districts.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER D. POWERS AND DUTIES
§ 62.101. PURPOSES OF DISTRICT. A district may be
created under this chapter to provide, in or adjacent to its
boundaries, for:
(1) the improvement, preservation, and conservation
of inland and coastal water for navigation;
(2) the control and distribution of storm water and
floodwater of rivers and streams in aid of navigation; and
(3) any other purposes necessary or incidental to the
navigation of inland and coastal water or in aid of these purposes,
as stated in Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.102. DISTRICTS AS GOVERNMENTAL AGENCIES. All
districts created under this chapter shall be governmental agencies
and bodies politic and corporate with the powers of government and
with the authority to exercise the rights, privileges, and
functions which are essential to the accomplishment of those
purposes.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.103. DUTIES OF COUNTY OFFICIALS. The powers and
duties conferred by this chapter on the county judge, members of the
commissioners court, the mayor and aldermen or commissioners of
cities, the county clerk, and other officers are made a part of the
legal duty of those officials. Unless otherwise provided in this
chapter, these persons shall exercise and perform these powers and
duties without additional compensation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.104. DUTIES OF DISTRICT ENGINEER. It shall be the
duty of the district engineer:
(1) to make all necessary surveys, examinations,
investigations, maps, plans, and drawings with reference to
proposed improvements;
(2) to make estimates of the cost of proposed
improvements;
(3) to supervise the work of improvement; and
(4) to perform all duties which may be required of him
by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.105. RIGHT-OF-WAY. The commission may by gift,
grant, purchase, or condemnation acquire the necessary
right-of-way and property of any kind for all necessary
improvements contemplated by this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.106. CONDEMNATION PROCEEDINGS. (a) The district
may exercise the power of eminent domain to condemn and acquire the
right-of-way over and through any and all public and private land
necessary:
(1) for the improvement of any river, bay, creek, or
stream;
(2) for the construction and maintenance of any canal
or waterway; and
(3) for any and all purposes authorized by this
chapter.
(b) Condemnation proceedings instituted under Subsection
(a) of this section shall be instituted under the direction of the
commission and in the name of the district. The assessment of
damages shall be in conformity with the laws of the State of Texas
for condemnation and acquisition of rights-of-way by railroads.
(c) No appeal from the finding and assessment of damages by
the commissioners shall have the effect of causing a suspension of
work by the commission in prosecuting the work of improvement in all
of its details.
(d) No right-of-way may be condemned through any part of an
incorporated city or town without the consent of the lawful
authorities of that city or town.
(e) A district created under this chapter may elect to take
advantage of the condemnation procedure provided in Subchapter F of
Chapter 51 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.107. ACQUISITION OF LAND. (a) Any district
created under this chapter may acquire by gift, purchase, or
condemnation and may own land adjacent or accessible to the
navigable water and ports developed by it which may be necessary or
required for any and all purposes incident to or necessary for the
development and operation of the navigable water or ports within
the district, or may be necessary or required for or in aid of the
development of industries on the land.
(b) The district may lease any part of the acquired land to
any individual or corporation and may charge for the lease
reasonable tolls, rents, fees, or other charges. The district may
use the proceeds both for the maintenance and operation of the
business of the district and for the purpose of making the district
self-supporting and financially solvent and returning the
construction costs of the improvements within a reasonable period.
(c) The acquisition of land for the purposes included in
this section and the operation and industrial development of ports
and waterways are a public purpose and a matter of public necessity.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.1071. ACQUISITION OF LAND, EQUIPMENT, OR
IMPROVEMENTS IN CERTAIN COUNTIES. (a) This section applies only
to a district that has a county of jurisdiction with a population of
more than 2.8 million.
(b) A district may acquire, by any means except by
condemnation, and own land, equipment, or improvements located in a
county that is adjacent to the district's county of jurisdiction if
the commission considers the land, equipment, or improvements:
(1) necessary, required, or convenient for any purpose
necessary or incident to the development and operation of navigable
water or a port located in the district's county of jurisdiction or
a county adjacent to that county; or
(2) may be in aid of, or necessary, required, or
convenient for, the development of industries and businesses on the
land in the county of jurisdiction or a county adjacent to that
county.
(c) Notwithstanding any other law or municipal charter, a
district may acquire, and any public or private owner may dispose
of, land, equipment, or improvements on any terms to which the
commission and the property owner agree.
(d) If in connection with an acquisition or disposition of
land, equipment, or improvements under this section the governing
body of a municipality decides to discontinue operations of a port,
as a utility of the municipality or otherwise, the acquisition or
disposition of the land, equipment, or improvements may not be
completed until a majority of the qualified voters of the
municipality voting at an election called and held for that purpose
approve of the discontinuance of the operations.
(e) The commissioners may change the name of the district in
connection with the acquisition of land, equipment, or improvements
under this section.
(f) Notwithstanding the source of the revenue, a district
that acquires land, equipment, or improvements under this section
may use or pledge to the payment of obligations of the district for
the development of any district facility, regardless of the
location of the facility, any revenue of the district, except as
provided by Section 62.209.
(g) Section 41.001(a), Election Code, does not apply to an
election held under this section.
(h) Except as provided by this section, an election held
under this section must be conducted as provided by the Election
Code.
Added by Acts 1999, 76th Leg., ch. 504, § 1, eff. June 18, 1999.
§ 62.1072. ADDITIONAL COMMISSIONERS FOR ACQUISITIONS
FROM CERTAIN MUNICIPALITIES. (a) A district that acquires land,
equipment, or improvements under Section 62.1071 from a
municipality with a population of more than 35,000 that operates
navigation and port facilities and that is located in a county
adjacent to the county of jurisdiction may add positions for
members of the commission, as determined by the commission. Not
more than two positions may be added to the commission under this
section.
(b) The governing body of the municipality in which the
acquired land, equipment, or improvements are located shall appoint
the additional commissioners.
(c) Commissioners serving in the positions added under
Subsection (a) shall serve terms that are consistent with the law
governing the terms of the other commissioners.
Added by Acts 1999, 76th Leg., ch. 504, § 1, eff. June 18, 1999.
§ 62.108. ENTRY ON PROPERTY. The commissioners and the
engineers of a district together with all necessary teams, help,
tools, and instruments may go on any land inside the district to
examine the land and to make plans, surveys, maps, and profiles
without subjecting themselves to the action of trespass.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.109. BIDS. (a) Any person, corporation, or firm
which desires to bid on the construction of any work advertised
under Section 62.110 of this code shall, on application to the
commission, be furnished the survey, plans, and estimates for the
work.
(b) All bids or offers for the work shall be in writing,
sealed, and delivered to the chairman of the commission together
with a certified check for at least five percent of the total amount
of the bid.
(c) If a bid is accepted but the bidder refuses to enter into
a proper contract, the deposit required by Subsection (b) of this
section shall be forfeited to the district.
(d) Any and all bids may be rejected at the discretion of the
commission.
(e) A district may take advantage of the bid procedure in
Sections 63.168-63.170 of this code by passing a simple resolution
and entering it in its minutes.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.110. NOTICE OF BIDS. Notice that a contract is to
be awarded shall be given by publishing notice once a week for two
consecutive weeks in one or more newspapers with general
circulation in the state and by posting notice for at least 14 days
in five public places in the county of jurisdiction, one of which
shall be the courthouse door and at least two of which shall be
inside the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 805, ch. 299, § 2, eff. Aug.
29, 1977.
§ 62.111. AWARD OF CONTRACT. (a) All contracts for
improvements, except those carried out and performed by the
government of the United States, shall be awarded by the commission
to the lowest and best responsible bidder.
(b) Nothing in this section shall prevent the making of more
than one improvement. Where more than one improvement is to be
made, a contract may be awarded separately for each improvement or
one contract may be awarded for all the improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.112. INTEREST IN CONTRACTS. No county judge or
county commissioner of any county in a district, board member, or
district engineer may be directly or indirectly interested for
himself or as agent for another in a contract for the construction
of work to be performed by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.113. FORM OF CONTRACTS. All contracts made by the
commission shall be in writing and signed by the contractors and at
least two of the commissioners. A copy of the contract shall be
filed with the county clerk.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.114. BOND OF CONTRACTOR. (a) The party, firm, or
corporation to whom a contract is awarded under Section 62.111 of
this code shall execute a bond, payable to the commission, for twice
the amount of the contract price, conditioned on faithful
performance of the obligations, agreements, and covenants of the
contract and that in default of the performance he will pay to the
district all damages sustained by reason of the default.
(b) The bond shall be approved by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.115. SUPERVISION OF WORK; REPORT. (a) Unless
done under the supervision of the United States, all work
contracted for by the commission shall be done under the
supervision of the district engineer.
(b) After work is completed according to a contract awarded
by the commission, the district engineer shall make a detailed
report of the work to the commission. The report shall show whether
or not the contract has been fully complied with and if not, in
which particular the contractor has failed to comply.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.116. INSPECTION OF WORK; PAYMENT. (a) The
commission shall inspect the progress of work being done under a
contract, and on completion of the contract, the commission shall
draw a warrant on the county treasurer payable to the contractor or
his assignee for the amount of the contract price. The warrant
shall be paid out of the construction and maintenance fund of the
district.
(b) If the commission considers it advisable, it may
contract for work to be paid for in partial payments as the work
progresses. The partial payments may not exceed in the aggregate
eighty percent of the total amount to be paid under the contract.
The amount of work completed at the time of the partial payment
shall be shown by a certificate of the district engineer.
(c) Nothing in this section shall affect the provisions of
this chapter providing for the construction of any improvements by
the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, § 16, eff. May
31, 1971.
§ 62.117. ANNUAL REPORT. (a) The commission shall
make an annual report of its official acts and file it with the
clerk of the commissioners court on or before January 1 of each
year.
(b) The report shall include in detail:
(1) the kind, character, and amount of work done in the
district;
(2) the cost of the work;
(3) the amount paid out on order and for what purpose
paid; and
(4) other data necessary to show the condition of
improvements made under the provisions of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.118. COOPERATION WITH UNITED STATES. (a) If a
river, creek, stream, bay, canal, or waterway to be improved is
navigable or the proposed improvement is of a nature which requires
the permission or consent of the United States, the commission may
obtain the required permission or consent of the United States.
(b) Instead of or in addition to employing an engineer as
provided in Section 62.076 of this code the commission may:
(1) adopt any survey of a river, creek, canal, stream,
bay, or waterway previously made by the United States;
(2) arrange for surveys, examinations, and
investigations of the proposed improvement; and
(3) arrange for supervision of the work of improvement
by the United States.
(c) The commission may cooperate and act with the United
States in any and all matters relating to the construction and
maintenance of canals and the improvement and navigation of
navigable rivers, bays, creeks, streams, canals, and waterways.
(d) The authority to cooperate shall extend to surveys,
work, or expenditures of money made or to be made either by the
commission or by the United States.
(e) The United States may aid in all such matters, and the
commission shall have authority to consent to the United States
entering on and taking management and control of the work where
necessary or permissible under the laws, regulations, and orders of
the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.119. PREFERENCE LIEN; WAIVER;
ENFORCEMENT. (a) If a district leases, rents, furnishes, or
supplies water to any person, association of persons, water
improvement district, or corporation for the purpose of irrigation,
the district shall have, without regard to contract, a preference
lien superior to every other lien on the crop or crops raised on the
land which is irrigated.
(b) If any district obtains a water supply under contract
with the United States, the board of directors of the district may,
by resolution entered in the minutes and with consent of the
secretary of the interior, waive the preference lien, in whole or in
part.
(c) For the enforcement of the lien provided in Subsection
(a) of this section, all districts are entitled to all the rights
and remedies prescribed by Title 84, Revised Civil Statutes of
Texas, 1925, as amended, for the enforcement of the lien between
landlord and tenant.
(d) The authority granted by this section shall be
cumulative of, and in addition to, the authority granted by other
laws.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.120. CONTRACT FOR AND LEASE OF WATER
SYSTEM. (a) A district may enter into operating contracts and
leases with cities and other governmental subdivisions for the
operation of the portions of the district's water system which are
designated by the board.
(b) To the extent that the proceeds of revenue bonds were
used to acquire the portion leased, the annual payments paid by the
lessee to the district shall be in a sum which is sufficient to
permit the district to pay the proportionate part of the principal,
interest, reserves, and other requirements provided by the bond
proceedings on any revenue bonds which were issued to acquire the
leased properties.
(c) Bonds issued to acquire, improve, enlarge, or extend
leased properties may mature serially or otherwise not more than 50
years from their date of issue.
Added by Acts 1971, 62nd Leg., p. 1625, ch. 452, § 2, eff. May 26,
1971.
SUBCHAPTER E. GENERAL FISCAL PROVISIONS
§ 62.151. CONSTRUCTION AND MAINTENANCE FUND. (a) The
construction and maintenance fund shall include money received from
the sale of bonds and all other sources except tax collections
placed in the sinking fund to pay the principal of and the interest
on bonds.
(b) After the original petition is filed, all expenses
necessarily incurred in connection with the creation,
establishment, and maintenance of the district shall be paid from
the construction and maintenance fund.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.152. WARRANTS. The commission may draw warrants:
(1) to pay for legal services;
(2) to pay the salary of the engineer, his assistant,
and any other employees; and
(3) to pay all expenses incident to operation of the
district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.153. DUTIES OF DISTRICT TREASURER. The district
treasurer shall:
(1) open an account for all funds received by him for
the district and all district funds which he pays out;
(2) pay out money on vouchers signed by the chairman of
the commission, any two members of the commission, or the
commissioners court, or any two of any number of persons delegated
by the commission with authority to sign vouchers, provided that
the commission may, in such delegation, limit the authority of such
persons and may require that each furnish a fidelity bond in such
amount as the commission shall specify and subject to commission
approval;
(3) carefully preserve all orders for the payment of
money; and
(4) render a correct account to the commissioners
court of all matters relating to the financial condition of the
district as often as required by the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1975, 64th Leg., p. 1915, ch. 618, § 1, eff.
Sept. 1, 1975.
§ 62.154. APPLICABILITY OF SECTIONS
62.155-62.159. Sections 62.155-62.159 of this code apply to all
revenue, income, money, funds, or increments except revenue derived
from taxation which may result from the ownership and operation of
the district's improvements and facilities. However, these
sections do not apply to any of the following counties:
(1) Matagorda;
(2) Fort Bend;
(3) Brazoria;
(4) Chambers;
(5) Galveston; and
(6) Harris.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.155. DEPOSIT IN BANKING CORPORATION. (a) Instead
of depositing the revenue of the district in the manner provided by
law for districts, the commission may deposit the revenue in a
banking corporation in the manner provided in Section 62.156 of
this code.
(b) On selection of a banking corporation by the commission
under Subsection (a) of this section, revenue of the district held
by anyone other than the selected banking corporation, on order of
the commission, shall be deposited in the selected banking
corporation to the credit of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.156. SELECTION OF DEPOSITORY. The commission
shall select a depository as provided by Section 60.271.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1400, § 3, eff. Sept. 1,
1997.
§ 62.159. CONFLICTS WITH PRIOR BONDS OR OTHER LAWS. If
Sections 62.154-62.158 of this code conflict with the provisions of
any bonds issued by a district and secured in whole or in part by a
pledge of revenue, with the proceedings authorizing the bonds, or
with any special act relating to one specific district, the bonds,
proceedings, and special act shall control over these sections.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.160. MAINTENANCE TAX. The commissioners courts of
the respective counties inside each district may levy and have
assessed and collected for the maintenance, operation, and upkeep
of the district and the improvements constructed by the district an
annual tax not to exceed 10 cents on the $100 valuation on all
property inside the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER F. BOND PROVISIONS
§ 62.191. ISSUANCE OF NAVIGATION BONDS. (a) After the
commission determines the cost of proposed improvements,
incidental expenses, and maintenance costs, it shall certify to the
commissioners court of the county of jurisdiction the amount of
bonds necessary to be issued.
(b) The commissioners court, at a regular or special
meeting, shall issue an order directing the issuance of navigation
bonds for the district in the amount so certified. The amount of
bonds may not be more than the amount authorized by the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.192. ISSUANCE OF ADDITIONAL BONDS. (a) If the
proceeds of bonds issued by a district are insufficient to complete
the proposed improvement or construction, if the commissioners
decide to begin other and further construction or improvements, or
if additional funds are required to maintain the improvements made,
the commission shall certify to the commissioners court the
necessity for an additional bond issue.
(b) Unless the amount previously authorized has been
exhausted, the commissioners court shall issue the bonds.
(c) The certification to the court shall state:
(1) the amount of bonds required;
(2) the purpose of the bonds;
(3) the rate of interest; and
(4) the length of time for which the bonds are to run.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.193. BOND ELECTION. (a) If the authorized amount
of bonds is exhausted, the commissioners court shall order an
election on the issuance of additional bonds to be held in the
district at the earliest legal time.
(b) The ballots shall be printed to provide for voting for
or against the proposition: "The issuance of bonds and the levy of
a tax to pay for the bonds."
(c) Notice shall be given, the election conducted, and the
returns canvassed in the manner provided for the original bond
election in Subchapter B of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.194. ORDER FOR BONDS AND TAX. If on the canvass of
the vote it is determined that a majority of the votes cast at the
election were in favor of the issuance of bonds and levy of tax, the
commissioners court shall issue an order directing the issuance of
the bonds and the levy of a tax.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.195. FORM OF BONDS. (a) Bonds issued under the
provisions of this chapter shall be issued in the name of the
district, signed by the county judge of the county of jurisdiction,
and attested by the county clerk of the county of jurisdiction with
the seal of the commissioners court of the county of jurisdiction
affixed to them.
(b) The bonds shall be issued in the denominations and
payable at the time or times, not more than 40 years from their
date, which may be considered most expedient by the commissioners
court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.196. DUTIES OF ATTORNEY GENERAL. (a) Before the
bonds are offered for sale, the district shall send to the attorney
general:
(1) a copy of the bonds to be issued;
(2) a certified copy of the order of the commissioners
court levying the tax;
(3) a copy of the order of the commissioners court
levying the tax to pay interest and provide a sinking fund;
(4) a statement of the total bonded indebtedness of
the district, including the series of bonds proposed and the
assessed value of property for the purpose of taxation, as shown by
the last official assessment by the district or, if the district has
made no prior assessment, the last official assessment by the
county; and
(5) other information which the attorney general may
require.
(b) The attorney general shall carefully examine the bonds
in connection with the facts, the constitution, and the laws on the
execution of the bonds.
(c) If as the result of the examination the attorney general
finds that the bonds were issued in conformity with the
constitution and laws and that they are valid and binding
obligations on the district, he shall officially certify the bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, § 4(r), eff.
Jan. 1, 1982.
§ 62.197. REGISTRATION OF BONDS. After the bonds have
been examined by the attorney general and his certificate issued,
they shall be registered by the comptroller in a book to be kept for
that purpose, and the certificate of the attorney general shall be
preserved in the record for use in the event of litigation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.198. VALIDITY OF BONDS. (a) After the bonds have
been approved by the attorney general and registered by the
comptroller, they shall be held in every action, suit, or
proceeding in which their validity is or may be brought in question
prima facie valid and binding obligations.
(b) In every action brought to enforce collection of bonds
or interest on them, the certificate of the attorney general, or a
duly certified copy of it, shall be admitted and received as prima
facie evidence of the validity of the bonds and the coupons
attached.
(c) The only defense that can be offered against the
validity of the bonds or coupons is forgery or fraud.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.199. RECORD OF BONDS. (a) After bonds have been
issued under the provisions of this chapter, the board shall
procure and deliver to the treasurer of the county of jurisdiction a
well-bound book in which a record shall be kept of all the bonds.
(b) A record shall be kept in the book of:
(1) the bond numbers and amount of the bonds;
(2) the rate of interest;
(3) the date of issuance and the date when the bonds
are due and where payable;
(4) the proceeds from the bonds;
(5) the tax levy to pay interest on and to provide a
sinking fund for bond payment; and
(6) any payment of a bond.
(c) The book shall at all times be open to the inspection of
interested parties, either taxpayers, bondholders, or otherwise,
in the district.
(d) The county treasurer shall receive for his services in
recording these matters the same fees which are allowed by law to
the county clerk for similar records.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.200. SALE OF BONDS. (a) After the bonds have been
registered, the chairman of the commission shall offer the bonds
for sale and shall sell the bonds on the best terms and for the best
price possible. None of the bonds shall be sold for less than face
par value and accrued interest.
(b) After money is received from the sale of bonds, it shall
be paid to the county treasurer and he shall place it to the credit
of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.201. CHAIRMAN'S BOND. Before the chairman of the
commission may sell any bonds, he shall execute a good and
sufficient bond, payable to the county judge or his successors in
office. The bond shall be approved by the commissioners court and
shall be for an amount not less than the amount of the bonds issued,
and shall be conditioned on the faithful discharge of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.202. TAXES; SINKING FUND INVESTMENT. (a) After
district bonds have been voted, the commissioners court shall levy
and have assessed and collected on all property in the district
taxes sufficient in amount to pay the interest on the bonds and to
annually deposit an amount in the sinking fund sufficient to
discharge and redeem the bonds at their maturity.
(b) If advisable, the sinking fund shall from time to time
be invested by the commissioners court in county, municipal,
district, or other bonds which may be approved by the attorney
general.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.203. ISSUANCE OF REFUNDING BONDS;
FORMALITIES. (a) A district which has outstanding bonds may, by
order of the commissioners court of the county of jurisdiction and
without submitting the proposition to an election, authorize and
issue its refunding bonds for the purpose of retiring all or any
part of its outstanding bonds.
(b) The refunding bonds may mature serially or otherwise in
not more than 40 years from their date.
(c) The refunding bonds shall be executed in the name of the
district by the county judge and county clerk under the seal of the
commissioners court and shall in other respects have the details
and be issued in the manner provided by the commissioners court in
the order authorizing the bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.204. REFUNDING BONDS SOLD AT PAR. The refunding
bonds shall be sold by the commission at not less than their par
value, delivered to the holders of not less than a like par amount
of the bonds of the district authorized to be refunded in exchange
for the prior bond obligations, or sold in part and exchanged in
part.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.205. APPROVAL OF REFUNDING BONDS BY ATTORNEY
GENERAL. The refunding bonds shall be submitted to the attorney
general for approval and shall be registered by the comptroller in
the same manner and with the same effect as is now provided by law
for the approval and registration of municipal bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.206. TAX LEVY FOR REFUNDING BONDS. (a) If a
district issues refunding bonds, the district shall annually levy
taxes on all taxable property in the district sufficient to pay
interest on the bonds as it becomes due and to pay the principal of
the bonds at maturity.
(b) In making the annual levies, the district may take into
consideration estimated delinquencies based on tax collection
experience over the preceding years and levy the taxes in an amount,
after deduction of estimated delinquencies, sufficient to pay
principal and interest requirements and the cost of tax collection.
(c) In its discretion and so far as consistent with the
rights of the holders of the bonds refunded, a district may pledge
to the payment of the refunding bonds the proceeds of taxes levied
for payment of the bonds refunded and delinquent at the time of the
authorization of the refunding bonds, cash or securities in the
sinking fund maintained for payment of the bonds refunded, or both.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.207. AUTHORITY OF SECTIONS
62.203-62.206. Sections 62.203-62.206 of this code shall, without
reference to other laws, constitute full authority for the issuance
of refunding bonds. No proceedings, publications, elections, or
referendums other than those required in Sections 62.203-62.206
shall be necessary to the authorization and issuance of refunding
bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.208. REVENUE BONDS. (a) A district may issue
revenue bonds on the terms and under the provisions of Chapter 111,
Acts of the 43rd Legislature, 1st Called Session, 1933, or Chapter
38, Acts of the 47th Legislature, Regular Session, 1941:
(1) to purchase, construct, improve, enlarge, extend,
and repair dams, reservoirs, water rights, water wells, canals,
pipelines, pumps, pump stations, land, easements, rights-of-way,
and other property and facilities necessary to provide a water
supply for the irrigation of land and for industrial, commercial,
domestic, municipal, and other beneficial uses;
(2) to accomplish any of the purposes designated in
the previously mentioned two acts; and
(3) for general improvement purposes without
designating the improvement.
(b) If the bonds are issued for the purposes stated in
Subsection (a)(1) of this section, the district may own and operate
the facilities and sell and deliver water to any person. The
properties and facilities, the uses for the water supply, and the
purchasers of the water may be inside or outside the boundaries of
the district but may not be inside the boundaries of any other
previously created navigation district or flood control district.
(c) If the bonds are issued for general improvement
purposes, the proceeds may be spent for any purpose designated in
this section.
(d) As each installment of an authorized issue of bonds is
prepared for delivery, the commission shall specify the particular
purposes for which the proceeds of that installment will be spent.
(e) A district may enter into operating contracts and leases
with responsible persons or corporations for the operation of those
portions of the district's water distribution system which the
commission may designate. In that case, the annual rentals to be
paid to the district by the lessee shall be a sum sufficient to
permit the district to meet its obligations for the payment of that
proportionate part of any revenue bonds, including principal,
interest, reserves, and other requirements provided in the bond
proceedings, which were issued to acquire the leased properties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.209. USE OF BOND PROCEEDS FOR CERTAIN ACQUISITIONS
OF CERTAIN DISTRICTS. A district to which Section 62.1071 applies
may not spend for the acquisition of land, equipment, or
improvements under that section the proceeds of bonds authorized by
the district's voters before the district undertakes the
acquisition.
Added by Acts 1999, 76th Leg., ch. 504, § 2, eff. June 18, 1999.
SUBCHAPTER G. TAX PROVISIONS
§ 62.251. ASSESSMENT AND COLLECTION OF TAXES. The
assessor and collector of each county in which the district is
located shall assess and collect the taxes levied by the district in
the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, § 4(r), eff.
Jan. 1, 1982.
SUBCHAPTER H. ANNEXATION
§ 62.291. ANNEXATION AUTHORITY. A district created
under this chapter or converted from a district created under
Article III, Section 52, of the Texas Constitution, into a
conservation and reclamation district under Article XVI, Section
59, of the Texas Constitution, may extend its boundaries and annex
adjacent territory.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.292. PETITION. Before territory is annexed to the
district, a petition signed by 50 or a majority of the electors
residing in the adjacent territory proposed to be annexed shall be
presented to the commission, requesting an election in the adjacent
territory to determine whether or not the territory will be annexed
and whether or not it will assume its pro rata part of the
outstanding bonded debt of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.293. SCHEDULING PETITION FOR HEARING;
NOTICE. (a) After a petition is presented under Section 62.292 of
this code, the commission shall set the petition for a hearing to be
held within 10 days from the date of presentation of the petition.
(b) Notice of the hearing shall be posted at three public
places in the territory proposed to be annexed for at least five
days before the hearing on the petition. The notice shall include
the time and place of the hearing and the boundaries of the
territory proposed to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.294. HEARING. The commission shall hold the
hearing on the subject of annexation of adjacent territory by the
district, and any person who has taxable property in the territory
proposed to be annexed may appear in person or by counsel and offer
testimony or argument for or against the inclusion of all or any
part of the land proposed to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.295. ELECTION ORDER. If after the hearing the
commission finds that inclusion of the territory proposed to be
annexed would be a direct benefit to all the land in that territory,
the commission shall order an election to be held in the territory
proposed to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.296. NOTICE OF ELECTION. (a) The election shall
be held not less than 20 nor more than 30 days from the day of the
election order and after notice is given.
(b) Notice of the election shall be published once a week
for 20 days immediately preceding the election in some newspaper
published in the territory proposed to be annexed. If no newspaper
is published in the territory, notice shall be posted in three
public places inside the territory for at least 20 days immediately
preceding the election.
(c) The notice:
(1) shall give the time and place or places for holding
the election;
(2) shall give the boundaries of the territory
proposed to be annexed; and
(3) may contain the substance of the order of the
commission ordering the election.
(d) The secretary of the commission shall have the notice
published or posted.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.297. BALLOTS. The ballots for the election shall
be printed to allow for voting for or against: "Annexation to the
navigation district."; and "Assumption of a pro rata part of the
bonded debt of the navigation district."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.298. ELECTION OFFICIALS. The commission shall
appoint one judge and two clerks for each election box or place to
hold the election. The judge and clerks shall be electors in the
territory proposed to be annexed and shall reside near the place for
holding the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.299. CANVASS OF VOTE; ENTRY OF ORDER. (a) The
election judges shall certify the election returns to the
commission, and the commission shall canvass the returns.
(b) If a majority of the electors voting at the election
favor annexation and assumption of the pro rata part of the bonded
debt of the district, the commission shall enter an order in its
minutes annexing the territory, and from and after the entry of the
order, the annexed territory shall be a part of the district with
all the rights, benefits, and burdens of property originally
situated in the district.
(c) If a majority of the electors voting at the election
favor annexation and the proposition to assume the bonded debt
fails to carry, the commission shall enter an order in its minutes
annexing the territory to the district, and from and after the entry
of the order, the annexed territory shall be a part of the district
with the exception of the assumption of the outstanding bonded
indebtedness. The annexed territory shall be subject to a tax for
maintenance and operation and shall be liable for all other bonded
indebtedness and other indebtedness thereafter legally imposed by
the district.
(d) After an order of annexation has been entered in the
minutes of the commission, a certified copy of the order shall be
prepared by the secretary of the commission and shall include the
boundaries of the territory annexed. The secretary shall record
the order or have it be recorded in the real estate records of the
county or counties in which the territory is located.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.300. AUTHORITY TO ANNEX OTHER DISTRICTS. Except as
otherwise provided by this subchapter, a district created under
Article XVI, Section 59, of the Texas Constitution may be annexed
and become a part of another adjacent district created under the
general law in the same manner as provided in Sections
62.292-62.299 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.301. DUTIES OF COMMISSION OF ANNEXED DISTRICT. If
a district proposes to annex an adjacent district, the commission
of the district proposed to be annexed shall:
(1) conduct the hearing;
(2) order the election;
(3) canvass the returns of the election; and
(4) perform the other duties and procedures provided
in Sections 62.292-62.299 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.302. CERTIFICATION OF ELECTION RESULTS. If the
election in a district proposed to be annexed results in a majority
of the votes of the electors voting at the election favoring
annexation, the commission of the district proposed to be annexed
shall certify the election result together with the metes and
bounds of the district to the commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.303. HEARING BY ANNEXING DISTRICT;
NOTICE. (a) When the election result is certified to the
commission of the annexing district, the commission of the annexing
district shall conduct a hearing to determine whether or not it will
be a benefit to the annexing district to annex the territory.
(b) The hearing shall be conducted after the commission has
given five days' notice in some newspaper published in the annexing
district.
(c) If it is found at the hearing that the annexation of the
adjacent district would be a benefit to the territory of the
annexing district, the commission shall enter an order in its
minutes annexing the district and from and after the entry of the
order, the adjacent district shall be a part of the annexing
district with all rights and privileges of territory originally
situated in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.304. ASSUMPTION OF BONDED DEBT. (a) Unless a
majority of the electors of each of the districts approves it, the
annexing district and the district to be annexed may not assume the
outstanding bonded debt of the other.
(b) Annexation shall in no way affect the outstanding debt
or any other valid obligation of either the annexing district or the
district to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.305. LEVY OF TAXES ON ANNEXED DISTRICT. The
commission of the annexing district shall annually levy and collect
sufficient taxes in the district to be annexed to discharge all
valid outstanding obligations of the district to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.306. DISSOLUTION OF ANNEXED DISTRICT. From and
after the entry of the order annexing the district, the annexed
district shall be dissolved. All powers previously vested in the
annexed district and the commission of the annexed district shall
be vested, respectively, in the annexing district and the
commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.307. ANNEXATION OF WHOLE OF ADJACENT COUNTY. If
the territory included inside the boundaries of the annexing
district consists of all of a single county and the territory to be
annexed consists of all of an adjacent county, the adjacent
territory may be annexed in the manner provided in Sections
62.291-62.306 of this code, except the commissioners court of the
county to be annexed shall:
(1) conduct the hearing;
(2) order the election;
(3) canvass the returns of the election; and
(4) perform all other duties provided by this
subchapter for the commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.308. HEARING. The commissioners court of the
county to be annexed shall conduct the hearing at some place inside
the county to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.309. ORDER OF ELECTION; BALLOTS. The
commissioners court of the county to be annexed may order an
election, as requested in the petition for hearing, on either or
both propositions included in the ballot form in Section 62.297 of
this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.310. CERTIFICATION OF ELECTION RESULT. If the
proposition or propositions carries by a majority of the vote of the
electors voting at the election, the commissioners court of the
county to be annexed shall certify the election result to the
commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.311. HEARING BY ANNEXING DISTRICT. After the
certification of the election result, and after five days' notice
in some newspaper published inside the annexing district, the
annexing district shall conduct a public hearing to determine
whether or not it would be a benefit to the annexing district to
annex the adjacent county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.312. ORDER OF ANNEXATION. If at the hearing it
appears that annexation of the adjacent county would be a benefit to
the annexing district, the commission shall enter an order in the
minutes annexing the county. From and after the entry of the order,
the county shall be a part of the annexing district with all rights
and privileges of territory originally situated in the district and
with the right of representation on the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.313. OBLIGATIONS NOT AFFECTED; PRO RATA
ASSUMPTION. (a) Except as provided in Subsection (b) of this
section, annexation shall in no way affect the bonded debt or any
other valid outstanding obligation of the annexing district.
(b) If the voters at the annexation election in the county
annexed vote to assume a pro rata part of the bonded debt of the
annexing district, pro rata assumption shall be binding. If that
proposition is not approved by a majority of those electors voting
in the election, the persons and property within the county annexed
shall never be bound to the payment of any debt of the annexing
district outstanding at the time of annexation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.314. ADDITIONAL COMMISSION MEMBERS. (a) From and
after the entry of the order of annexation, the commission shall be
constituted as provided in this section.
(b) The commissioners court of the annexed county shall
appoint two commissioners, both of whom shall be electors who
reside in the district. The two commission members shall be
additional members of the commission of the district and shall have
the same duties and receive the same compensation as incumbent
commission members.
(c) The additional commission members shall hold office for
a term equal to and expiring with the terms of the incumbent
commission members or, if the members of the commission are serving
staggered terms, expiring with the term of the commission member
whose term first expires.
(d) At the expiration of the terms of the additional
commission members, the terms of all commission members shall be
automatically terminated.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.315. CHANGE OF MEMBERSHIP OF NAVIGATION
BOARD. (a) After the annexation, the board shall be composed of
the county judges and commissioners courts of the county of the
annexing district and of the annexed county.
(b) Each individual member of the board shall be entitled to
a vote and a majority in number of the individuals composing the
board shall constitute a quorum. The action of a majority of the
quorum shall control.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.316. PERMANENT COMMISSION ORGANIZATION FOLLOWING
ANNEXATION. (a) After the expiration and termination of the
terms of commission members as provided for in Section 62.314 of
this code, the commission shall be organized as provided by this
section.
(b) The commission shall be managed, governed, and
controlled by five commission members.
(c) The commissioners courts of the county of the annexing
district and of the annexed county shall each, by majority vote,
appoint two commission members for a term of two years.
(d) At the expiration of the term of office of each
commission member, the commissioners court which appointed that
member shall, by majority vote, appoint a successor for a term of
two years.
(e) The fifth commission member shall be chairman and shall
serve for a term of two years. He shall be selected by a majority
vote of the board of the district and appointed by the board.
(f) If any vacancy occurs through the death, resignation, or
otherwise of any commission member, it shall be filled as in the
first instance by appointment for the unexpired term.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.317. PROVISIONS GOVERNING COMMISSION. (a) Each
commissioner appointed under Section 62.314 or 62.316 of this code
shall be an elector of the district and shall serve his full term
and until his successor is elected and has qualified unless sooner
removed by the authority which appointed him for malfeasance or
nonfeasance in office.
(b) Each commissioner shall execute a bond, take the oath,
and have the powers and duties prescribed by the law applicable to
the annexing district at the time of the annexation.
(c) Each commissioner is entitled to receive the
compensation determined by the board.
(d) The commission, by majority vote, may execute all
contracts and take all actions relating to governing the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 62.318. LAW GOVERNING DISTRICT. (a) The only
changes made in the organization and operation of an annexing
district which annexes an adjacent county are those contained in
this subchapter.
(b) Each district annexing an adjacent county shall
continue after the annexation to be governed by and subject to all
of the laws applicable to the annexing district at the time of
annexation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
