WATER CODE
CHAPTER 63. SELF-LIQUIDATING NAVIGATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 63.001. DEFINITIONS. As used in this chapter:
(1) "District" means a self-liquidating navigation
district.
(2) "Board" means the navigation board.
(3) "Commission" means the board of navigation and
canal commissioners.
(4) "Commissioner" means a member of the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT
§ 63.021. SELF-LIQUIDATING DISTRICTS. (a) All
navigation districts organized under the provisions of Article XVI,
Section 59, of the Texas Constitution, and the provisions of
Chapter 62 of this code, or organized under any local and special
law enacted under the provisions of Article XVI, Section 59, of the
Texas Constitution, which have voted bonds but have not issued or
disposed of the bonds, and all districts organized under the
provisions of this chapter are self-liquidating in character and
may be made self-supporting and return the construction cost of the
district within a reasonable period by tolls, rents, fees,
assessments, or other charges other than taxation.
(b) The district shall be considered as coming originally
within the scope of this chapter, and the proceedings in Sections
63.039-63.044 of this code are not required as a prerequisite to the
exercise of the rights, powers, privileges, and benefits of this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.022. CREATION. A district of the character
provided in Section 63.021 of this code may be created as provided
in this chapter to operate under the provisions of Article XVI,
Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.023. AREA INCLUDED IN DISTRICT. A district may
include all or part of a village, town, city, road district,
drainage district, irrigation district, levee district, other
improvement district, conservation and reclamation district, or
municipal corporation, but may not include more than all or parts of
two counties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.024. PETITION TO CREATE SINGLE-COUNTY
DISTRICT. (a) To create a district located wholly in one county,
a petition signed by 25 of the electors, or if there are fewer than
75 electors in the proposed district, by one-third of them, shall be
presented at any regular or special session of the commissioners
court of the county in which the land to be included in the district
is located.
(b) The petition shall include:
(1) a request for the establishment of a district;
(2) a description of the boundaries of the proposed
district, accompanied by a map;
(3) a statement of the general nature of the
improvements proposed;
(4) an estimate of the probable cost; and
(5) the designation of a name for the district which
shall include the name of the county.
(c) A deposit of $500 and an affidavit stating the
qualifications of the petitioners shall accompany the petition.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.025. PETITION TO CREATE DISTRICT IN TWO
COUNTIES. (a) If the proposed district is located in two
counties, a petition of the nature provided in Section 63.024 shall
be presented to the commissioners court of the county which
includes the greater part of the district, and this county shall be
the county of jurisdiction with relation to all matters concerning
the district.
(b) The petition shall be signed by 25 residents in the
territory of each county to be included in the proposed district or
if there are fewer than 75 residents in the territory of either of
the counties, then by one-third of the residents and shall be
accompanied by a deposit of $500.
(c) The name of the district shall include the name of the
county which has jurisdiction.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.026. NAVIGATION BOARD. (a) The navigation board
shall include the county judge and the members of the commissioners
court and the mayor and the aldermen or commissioners of the city or
cities.
(b) A majority in number of the persons composing the board
shall constitute a quorum, and the action of a majority of the
quorum shall control.
(c) The board shall pass on the petition to create the
district and the election to approve creation of the district with
each individual member having one vote.
(d) The duties and powers of the county judge and members of
the commissioners court, the mayor and aldermen or commissioners of
cities, and the county clerk and other officers are a part of the
legal duties of the officials which they shall perform without
additional compensation, unless otherwise provided in this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.027. HEARING. At the same session the petition is
presented, the commissioners court shall order a hearing to be held
at a regular or special session of the commissioners court, not less
than 60 days from the date the petition is presented.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.028. NOTICE OF HEARING. (a) The commissioners
court shall order the clerk to give notice of the date and place of
the hearing by posting a copy of the petition and the order of the
commissioners court at the courthouse door and at four other public
places inside the boundaries of the proposed district.
(b) If the district is composed of more than one county, the
notices provided in Subsection (a) of this section shall be posted
in each county.
(c) The notices shall be posted not less than 20 days
immediately preceding the day set for the hearing.
(d) The clerk is entitled to receive $1 for each notice he
posts and five cents a mile for each mile necessarily traveled to
post the notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.029. HEARING BY NAVIGATION BOARD. (a) If the
proposed district includes all or part of a city acting under
special charter granted by the legislature, the hearing shall be
held before the board at the regular meeting place of the
commissioners court.
(b) The commissioners court shall order a hearing before the
board not less than 30 nor more than 60 days from the day the
petition is presented without reference to any term of the court,
and notice of the hearing shall be given as provided in Section
63.028.
(c) The county clerk shall record the proceedings of the
board in the book kept for that purpose, and this record shall be
available for public inspection.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.030. CONDUCT OF HEARING. (a) The commissioners
court or the board has exclusive jurisdiction to hear and determine
all contests and objections to the creation of the proposed
district and all matters relating to the creation of the proposed
district.
(b) The commissioners court or the board may adjourn the
hearing from day to day, and all judgments or decisions shall be
final unless otherwise provided in this chapter.
(c) Any person who has taxable property in the proposed
district or who might be affected by creation of the district may
appear at the hearing and support or oppose creation of the proposed
district and may offer testimony relating to:
(1) the necessity and feasibility of the proposed
district;
(2) the benefits to accrue from formation of the
proposed district;
(3) the boundaries of the proposed district; or
(4) any other matter concerning the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.031. FINDINGS. (a) If it appears at the hearing
that the proposed improvements are feasible and practicable and
would be a public benefit and utility, the commissioners court or
the board shall make these findings and approve the boundaries
stated in the petition, or if it does not approve the boundaries in
the petition, the court or board shall define the boundaries of the
district which are approved.
(b) Changes may not be made in the proposed boundaries until
notice is given and a hearing held in the manner provided in this
subchapter.
(c) If the commissioners court or board finds that the
proposed improvement is not feasible or practicable, or that it
would not be a public benefit or public utility and that the
establishment of the district is unnecessary, the court or board
shall make these findings and dismiss the petition at the cost of
petitioners. Dismissal of the petition shall not prevent
presentation of another petition at a later date.
(d) The commissioners court or the board shall enter all
findings in its records or minutes, together with a map of the
district if the boundaries in the petition are changed.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.032. PROVIDING FUNDS FOR PROPOSED
IMPROVEMENTS. (a) If the commissioners court or the board
approves the boundaries in the petition or as changed and decides to
grant the petition, it shall determine the amount of money
necessary for the improvements and all expenses connected with the
improvements and whether to issue bonds for the full amount or, in
the first instance, for a less amount.
(b) The commissioners court or the board shall specify the
amount of bonds to be issued, the maximum term for which the bonds
will run, and the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.033. ELECTION ORDER. (a) If the commissioners
court or the board finds in favor of the creation of the district,
the commissioners court of the county of jurisdiction shall order
an election and submit to the electors residing in the district the
proposition of whether or not the district shall be created and
whether or not the bonds shall be issued and a tax levied sufficient
to pay the interest and provide a sinking fund to redeem the bonds
at maturity.
(b) The election order shall specify the amount of the bonds
to be issued, the term for which the bonds will run, and the rate of
interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.034. NOTICE OF ELECTION. (a) The clerk of the
court of jurisdiction shall give notice of the election by posting
notices at the courthouse door of the county in which the district
is located and at four other public places in the proposed district.
(b) If the district is composed of more than one county, the
notices shall be posted in each county.
(c) The notices shall be posted for 30 days immediately
preceding the time set for the election.
(d) The notices shall include:
(1) the time and place of the election;
(2) the proposition to be voted on;
(3) the purpose for which the bonds are to be issued;
(4) the amount of the bonds; and
(5) a copy of the election order.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.035. BALLOTS. The ballots for the election shall
be printed to provide for voting for or against: "The navigation
district and the issuance of bonds and the levy of a tax to pay for
the bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.036. CONDUCT OF ELECTION. The commissioners court
shall create and define, by order, the voting precincts in the
district and shall name convenient polling places in the precincts.
It shall appoint the judges and other necessary election officials
and shall hold the election at the earliest legal time.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.037. RETURNS OF ELECTION. (a) Immediately after
the election, the officers holding the election shall make returns
of the result to the commissioners court of jurisdiction and return
the ballot boxes to the clerk of the court.
(b) The clerk shall keep the ballot boxes safely and deliver
them, together with the returns of the election, to the
commissioners court at its next regular or special session.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.038. DECLARATION OF RESULT. The court shall
canvass the vote and return at the session when it receives the
ballot boxes and returns of the election. If it finds that a
majority of those voting at the election voted in favor of the
proposition, the court shall declare the result of the election to
be in favor of the district, issuance of the bonds, and the levy of
the tax, and shall enter the following declaration in its minutes:
"Commissioners Court of __________ County, Texas, __________
term A.D. __________, in the matter of the petition of __________
and __________ and others praying for the establishment of a
navigation district, and issuance of bonds and levy of taxes in said
petition described and designated by the name of __________
Navigation District. Be it known that at an election called for the
purpose in said district, held on the __________ day of __________
A.D. __________ a majority of the electors voting thereon voted in
favor of the creation of said navigation district, and the issuance
of bonds and levy of a tax. Now, therefore, it is considered and
ordered by the court that said navigation district be, and the same
is hereby established by the name of __________ Navigation
District, and that bonds of said district in the amount of
__________ dollars be issued, and a tax of __________ cents on the
$100, valuation, or so much thereof as may be necessary to be levied
upon all property within said navigation district, whether real,
personal, mixed or otherwise, sufficient in amount to pay the
interest on such bonds and provide a sinking fund to redeem that at
maturity, and that if said tax shall at any time become insufficient
for such purpose same shall be increased until same is sufficient.
The metes and bounds of said district being as follows: (Giving
metes and bounds)."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.039. CONVERSION OF DISTRICT. Any navigation
district organized under the provisions of Article XVI, Section 59,
of the Texas Constitution, or Article III, Section 52, of the Texas
Constitution, and not originally within the scope of this chapter,
may be converted into a self-liquidating district operating under
this chapter in the manner provided in Sections 63.040-63.044 of
this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.040. RESOLUTION TO CONVERT. (a) The commission,
by resolution entered in the minutes, shall declare that in its
judgment it is for the best interest of the district and will
benefit the land and property in the district to operate under the
provisions of this chapter, permitting the district to become
self-liquidating and to return the construction cost within a
reasonable period by means of tolls, rents, fees, assessments, or
other charges other than taxation.
(b) The commission shall designate in the resolution the
sections of this chapter under which the district wishes to
operate.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.041. NOTICE. (a) Notice of the adoption of a
resolution under Section 63.040 of this code shall be given by
publishing the resolution in a newspaper with general circulation
in the county or counties in which the district is located.
(b) The notice shall be published once a week for two
consecutive weeks with the first publication not less than 14 full
days before the day set for a hearing.
(c) The notice shall:
(1) state the time and place of the hearing;
(2) set out the resolution in full; and
(3) notify all interested persons to appear and offer
testimony for or against the proposal contained in the resolution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.042. HEARING. The hearing may be adjourned from
day to day until all interested persons have had an opportunity to
appear and present testimony.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.043. FINDINGS. (a) If at the hearing the
commission finds that conversion of the district into a district
operating under this chapter would serve the best interest of the
district and would be a benefit to the land and property included in
the district, it shall enter an order making this finding.
(b) If the commission finds that the conversion of the
district would not serve the best interest of the district and would
not be a benefit to the land and property included in the district,
it shall enter an order against conversion of the district into one
operating under this chapter.
(c) The adverse findings of the commission shall be final
and not subject to appeal or review.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.044. EFFECT OF CONVERSION. If the finding of the
commission is favorable to the resolution, the commission shall
have the same right, power, and authority to act under the
provisions of this chapter adopted by the resolution as if the
district had originally come within the scope of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 63.081. APPOINTMENT OF COMMISSIONERS. After a
district is created, the commissioners court shall appoint three
navigation and canal commissioners, whose duties are provided in
this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.082. QUALIFICATIONS. To be qualified for
appointment as a commissioner, a person must be a resident of the
district, a freehold property taxpayer, and a qualified elector of
the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.083. VACANCIES. All vacancies in the office of
appointed commissioner occurring through death, resignation, or
otherwise shall be filled by the remaining commissioners or, if
only one commissioner remains, by the remaining commissioner and
the district judge residing in the county in which a majority of the
acreage of the district is located.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.084. OATH. In addition to the constitutional oath
provided for county commissioners, before beginning to perform his
duties each appointed commissioner shall take and subscribe before
the county judge of the county of jurisdiction an oath to discharge
faithfully the duties of his office without favor or partiality.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.085. BOND. Before beginning to perform his duties,
each appointed commissioner shall execute a good and sufficient
bond for $1,000, payable to the county judge of the county of
jurisdiction for the use and benefit of the district, conditioned
on the faithful performance of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.086. TERM OF OFFICE. Each commissioner shall hold
office for four years and until his successor has qualified after
appointment or election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1983, 68th Leg., p. 5217, ch. 951, § 14, eff.
Jan. 1, 1984.
§ 63.087. OPTIONAL TERM OF OFFICE. (a) The commission
may provide by resolution for six-year staggered terms of office
for commissioners with the term of one commissioner expiring every
two years.
(b) At the first election of commissioners after a
resolution is adopted under this section, three commissioners shall
be elected. After the commissioners have taken the oath of office
and executed bonds, they shall draw lots to determine who will serve
for a two-year term, who will serve for a four-year term, and who
will serve for a six-year term.
(c) Successors to the commissioners elected under the
provisions of Subsection (b) of this section shall serve for full
six-year terms.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.088. COMMISSION ORGANIZATION AND QUORUM. The
commission shall organize by electing one of their members chairman
and one secretary. Two of the commissioners shall constitute a
quorum and a concurrence of two shall be sufficient in all matters
relating to the business of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.089. ELECTION OF COMMISSIONERS. (a) An election
shall be held in the district on the first Tuesday after the first
Monday in November of each even numbered year to elect the three
commissioners. However, the commissioners may, by adopting an
order duly entered on the minutes, determine to hold the election on
the first Tuesday after the first Monday in October of each even
numbered year to elect the commissioners authorized by law.
(b) Section 41.001(a), Election Code, requiring that
certain elections be held on specified uniform dates, and Section
41.003, Election Code, allowing only certain elections to be held
on the date of the general election for state and county officers,
do not apply to the election provided for in this section.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, § 9,
eff. Sept. 1, 1971; Acts 1973, 63rd Leg., p. 1129, ch. 427, § 1,
eff. June 14, 1973; Acts 1977, 65th Leg., p. 1978, ch. 791, § 1,
eff. Aug. 29, 1977; Acts 1991, 72nd Leg., ch. 522, § 1, eff.
Sept. 1, 1991.
§ 63.0895. JOINT ELECTION WITH COUNTY. (a) The
commission of a district that is situated wholly in one county and
that holds its commissioners' election on the first Tuesday after
the first Monday in November of each even-numbered year may, by
adopting an order duly entered on the minutes, elect to hold the
commissioners' election jointly with the general election for state
and county officers as provided by this section. Not later than the
90th day before election day, a copy of the order shall be mailed to
the county election officer.
(b) The commission shall order the commissioners' election
not later than the 70th day before election day.
(c) The commission shall give notice of the commissioners'
election in the manner provided by Section 63.093(a) of this code.
The notice must state the official mailing address to which voters
of the district may mail applications for absentee ballots to be
voted by mail. The notice shall be published once a week for two
consecutive weeks in a newspaper published in the district or, if a
newspaper is not published in the district, in a newspaper of
general circulation in the district. The first publication shall
be made not later than the 65th day nor earlier than the 70th day
before election day.
(d) A candidate for the office of commissioner must file
documents as required by Title 15, Election Code, with the
secretary.
(e) A candidate for commissioner must file an application
for a place on the ballot with the secretary not later than 5 p.m. of
the 56th day before election day. In addition, a candidate's name
may be placed on the ballot by petition of 20 or more qualified
electors of the district filed with the secretary by the filing
deadline.
(f) The county election officer shall establish the
election precincts for the commissioners' election. The election
precincts shall be coterminous with county election precincts to
the extent permitted by district boundaries.
(g) The county commissioners court shall designate common
polling places in the appropriate county election precincts for use
in the joint election. The voters of the district may be served by a
polling place located outside the boundary of the district if the
location can adequately and conveniently serve the affected voters
and will facilitate the orderly conduct of the election.
(h) The county election officer is the absentee voting clerk
for the commissioners' election.
(i) An election officer, including a member of the absentee
ballot board, appointed to serve in the general election for state
and county officers shall serve in the same office in the
commissioners' election. A person who is eligible to serve as an
election officer in the general election for state and county
officers is eligible to serve in the same office in the
commissioners' election.
(j) The county election officer, subject to the approval of
the county election board, shall procure, allocate, and distribute
the equipment, ballots, forms, list of registered voters, and other
materials necessary to conduct the commissioners' election.
(k) The county election officer shall prepare a single
ballot containing all the offices to be voted on at a common polling
place. The office of commissioner shall appear on the ballot after
the precinct offices of the county government. The secretary shall
certify in writing for placement on the ballot the name and address
of each candidate for the office of commissioner. The
certification shall be delivered to the county election officer not
later than the 55th day before election day.
(l) If an election precinct established under Subsection
(f) of this section consists of only part of a county election
precinct, the county election officer shall deliver to the
presiding election judge a current description of the district
boundary and a map, if a map is available. The county election
officer shall deliver the district boundary information not later
than the 30th day before election day.
(m) The secretary of state shall prescribe any procedures
necessary to ensure that a voter is permitted to vote on the office
of commissioner only if the voter is a resident of the district.
(n) One set of ballot boxes shall be used at a common polling
place for the deposit of ballots. The forms and records maintained
at a common polling place shall be combined in a manner convenient
and adequate to record and report the results of each election.
(o) The county election officer is the general custodian of
election records for the commissioners' election.
(p) The precinct election returns for the joint election
shall be canvassed by the county commissioners court. The county
judge shall promptly deliver the results of the commissioners'
election to the commission.
(q) The commission shall issue a certificate of election to
a candidate elected to the office of commissioner.
(r) The county election officer and election officers,
including members of the absentee ballot board, appointed to serve
in the general election for state and county officers, are entitled
to additional compensation for serving in the commissioners'
election only if additional compensation is provided by the
commission.
(s) The commission shall reimburse the county election
officer for the expenses incurred in the conduct of the joint
election that would not have been incurred if the general election
for state and county officers had been held separately from the
commissioners' election.
(t) Sections 63.090, 63.091, 63.092, 63.093(b), and 63.094
of this chapter do not apply to a commissioners' election held under
this section.
(u) In this section, "county election officer" means the
county elections administrator in counties having that position,
the county tax assessor-collector in counties in which the county
clerk's election duties and functions have been transferred to the
tax assessor-collector, and the county clerk in other counties.
Added by Acts 1991, 72nd Leg., ch. 522, § 2, eff. Sept. 1, 1991.
§ 63.090. PLACING NAMES OF CANDIDATES ON BALLOT. A
candidate for commissioner must file an application with the
secretary not later than 5 p.m. of the 45th day before the date of
the election to have the candidate's name printed on the ballot.
Also, a candidate's name may be placed on the ballot by petition of
20 or more qualified electors of the district filed with the
secretary by the deadline stated in the preceding sentence.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, § 2, eff. Aug.
29, 1977; Acts 1989, 71st Leg., ch. 1009, § 5, eff. Sept. 1,
1989.
§ 63.091. POLLING PLACE. The commission shall
designate the polling place or places in the election order. If
more than one polling place is required, the board shall divide the
district into election precincts, which may be changed from time to
time.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.092. ELECTION OFFICERS. The commission shall
appoint the election officers, consisting of one presiding judge,
an assistant judge, and two clerks, when the election is ordered.
Additional clerks may be appointed by the presiding judge when
necessary.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.093. NOTICE OF ELECTION. (a) The notice of the
election shall be signed by the president and secretary of the
commission and shall contain a copy of the election order.
(b) The notice shall be published once a week for four
consecutive weeks in a newspaper published in the district or, if a
newspaper is not published in the district, in a newspaper located
nearest to the boundaries of the district. The first publication
shall be made not less than 32 days nor more than 46 days before the
day of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, § 3, eff. Aug.
29, 1977.
§ 63.094. CONDUCT OF ELECTION. (a) The election
officers shall make and deliver the returns in triplicate. One copy
shall be retained by the presiding judge, one shall be delivered to
the chairman of the commission, and one shall be delivered to the
secretary.
(b) The ballot boxes and other election records and supplies
shall be delivered to the secretary at the office of the district.
All boxes containing voted or mutilated ballots shall be preserved
for six months, subject to the order of any court in which an
election contest is filed. The ballot boxes shall be destroyed
after six months unless a contrary order is entered by a court of
competent jurisdiction.
(c) The commission shall meet and canvass the returns of the
election not less than five full days nor more than seven days after
the election. If the returns cannot be canvassed within seven days,
they shall be canvassed as soon as possible after seven days.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.0945. WRITE-IN CANDIDATES. (a) In an election to
elect a commissioner, a write-in vote may not be counted unless the
name written in appears on the list of write-in candidates.
(b) To be entitled to a place on the list of write-in
candidates, a candidate must make a declaration of write-in
candidacy.
(c) A declaration of write-in candidacy must be filed with
the authority with whom an application for a place on the ballot is
required to be filed in the election.
(d) A declaration of write-in candidacy must be filed not
later than 5 p.m. of the fifth day after the date an application for
a place on the ballot is required to be filed.
(e) Subchapter B, Chapter 146, Election Code, applies to
write-in voting in an election to elect a commissioner except to the
extent of a conflict with this subchapter.
Added by Acts 1997, 75th Leg., ch. 1343, § 3, eff. June 20, 1997.
Amended by Acts 2003, 78th Leg., ch. 925, § 8, eff. Nov. 1, 2003.
§ 63.095. VACANCIES ON COMMISSION. (a) A vacancy in
the office of elected commissioner shall be filled by appointment
by the commission itself for the unexpired term.
(b) If two vacancies occur at the same time, the remaining
commissioner shall call a special election to fill the vacancies.
(c) If the remaining commissioner fails to call a special
election within 15 days after the vacancies occur, or if the third
place is vacant also, the judge of the district court of the
judicial district in which the district is located may order the
election on the petition of any voter or creditor of the district.
The district judge shall fix the date of the election, order the
publication of notice of the election by the county clerk, and name
the officers to hold the election. The returns of an election held
by order of the district judge shall be made and filed in the office
of the clerk of the district court, and the clerk shall declare the
result of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.096. COMMISSIONER'S OATH. Each commissioner shall
subscribe an oath of office containing the applicable conditions
provided by law for members of the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.097. COMMISSIONER'S BOND. (a) Each commissioner
shall execute a good and sufficient bond for $1,000, payable to the
district, conditioned on the faithful performance of his duties.
(b) The commissioner's bond shall be approved by the
commission and by the district judge of the district court which has
jurisdiction over the territory of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 1129, ch. 427, § 2, eff. June
14, 1973.
§ 63.098. COMMISSIONER'S COMPENSATION. (a) Each
commissioner shall receive a fee of not more than $50 a day for each
day of service necessary to the discharge of his duties, unless
otherwise provided in accordance with Subsection (b) of this
section.
(b) The commission may provide by an order entered in its
minutes that compensation shall not be paid for the commissioners'
services for a period of more than two years from the date of the
order.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, § 10,
eff. Sept. 1, 1971; Acts 1977, 65th Leg., p. 159, ch. 79, § 1,
eff. April 25, 1977.
§ 63.099. DISTRICT MANAGER. (a) The commission may
employ a general manager and give him full authority in the
management and operation of the affairs of the district, subject
only to the supervision of the commission.
(b) The commission shall fix the term of office and
compensation of the manager.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.100. DISTRICT ASSESSOR AND COLLECTOR. The
commission shall appoint one person to the office of assessor and
collector for the district. The assessor and collector shall be a
qualified elector and a resident of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.101. DEPUTY ASSESSOR AND COLLECTOR. The
commission may appoint one or more deputies to assist the assessor
and collector for a period of not more than one year.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.103. DEPUTY'S BOND. The assistant or assistants to
the assessor and collector appointed by the commission may or may
not be required to furnish bond with conditions similar to those
required of the assessor and collector.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.104. COMPENSATION OF ASSESSOR AND COLLECTOR AND
DEPUTY. The commission shall fix the compensation to be paid to
the tax assessor and collector or any deputy.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.105. ENGINEER. The commission may employ a
competent engineer whose term of office and compensation shall be
determined by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.106. LEGAL COUNSEL. The commission may employ an
attorney to represent the district in preparation of any contract,
to conduct any proceeding in or out of court, to be the legal
advisor of the commission, and to perform any other function
considered necessary. The attorney shall be retained on the terms
and for the fees which the commission determines and on which the
parties agree.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.107. DISTRICT EMPLOYEES. (a) The commission may
employ assistant engineers and other persons as it considers
necessary for the construction, maintenance, operation, and
development of the district, its business and facilities, and shall
determine their term of office and duties, and fix their
compensation.
(b) All employees may be removed by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.108. BONDS OF OFFICERS AND EMPLOYEES. (a) Each
officer and employee charged with the handling of funds or property
of the district shall furnish a good and sufficient bond for a sum
sufficient to safeguard the district as determined by the
commission. The bond shall be payable to the district and
conditioned on the faithful performance of his duties and his
accounting of all funds and property of the district coming into his
hands.
(b) The bonds of other officers of the district shall be
approved by the commission and shall be filed for record in the
office of the district. The bonds shall be recorded in a book kept
for that purpose in the office of the district, and the book shall
be open to the inspection of the public during the office hours of
the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The
commission may draw warrants to pay for legal services, for the
salaries of the engineer, his assistant, or any other employees,
and for all expenses incident and relating to the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.110. DISTRICT OFFICE. A regular office shall be
maintained for the conduct of the business of the district at a
place in the district designated by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.112. COURT ACTIONS. (a) A district established
under this chapter may sue and be sued, by and through its
commission, in any court in this state in the name of the district.
(b) The courts of this state shall take judicial notice of
the establishment of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER D. POWERS AND DUTIES
§ 63.151. AUTHORITY OF DISTRICT. All districts created
under this chapter are essential to the accomplishment of the
provisions of Article XVI, Section 59, of the Texas Constitution,
and are governmental agencies and bodies politic and corporate,
with the powers of government and authority to exercise the rights,
privileges, and functions conferred in this chapter and by the
Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.152. PURPOSES OF DISTRICT. The district may make
improvements for:
(1) the navigation of inland and coastal water;
(2) the preservation and conservation of inland and
coastal water for navigation;
(3) the control and distribution of storm water and
floodwater of rivers and streams in aid of navigation; or
(4) any purpose stated in Article XVI, Section 59, of
the Texas Constitution, necessary or incidental to the navigation
of inland and coastal water.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.153. GENERAL AUTHORITY OF DISTRICT. A district
may:
(1) exercise all the rights, powers, and authority
granted by this chapter and by the general and special laws relating
to navigation districts;
(2) exercise all powers relating to regulation of
wharfage and facilities connected with waterways and ports inside
the district to the fullest extent consistent with the Texas
Constitution;
(3) acquire, purchase, own, construct, enlarge,
extend, repair, maintain, operate, develop, and regulate land,
waterways, improvements, facilities, or aids incident to or
necessary in the proper operation and development of ports and
waterways in the district, including wharves, docks, warehouses,
commercial and industrial buildings, grain elevators, bunkering
facilities, belt railroads, floating plants and facilities,
lightering facilities, towing facilities, and all appurtenances;
(4) hire, rent, convey, lease, and otherwise make
available to any person the improvements of the district;
(5) assess and collect charges for use of all
facilities acquired or constructed in accordance with this chapter
and apply the amounts collected for maintenance and operation of
the business of the district, to make the district self-supporting
and financially solvent, and to retire the construction cost of the
improvements within a reasonable period;
(6) enter into valid and binding contracts to apply
revenues, over and above the maintenance and operation costs, which
are derived from sources other than taxation, to pay principal and
interest on bonds;
(7) enter into contracts with the United States for
loans and grants on terms and conditions necessary to comply with
regulations and requirements of the United States under federal
law; and
(8) issue bonds, notes, warrants, certificates of
indebtedness, and other forms of obligation payable from revenues
derived from improvements and pledge these revenues to the payment
of the district's debts in the manner provided in Subchapter E of
Chapter 60 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.154. AUTHORITY TO GO ON LAND. The commission and
the district engineer, together with all necessary teams, help,
tools, instruments, implements, and machinery, may go on any land
inside the district to examine the land and make plans, surveys,
maps, and profiles without subjecting themselves to action for
trespass.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.155. ACQUISITION OF PROPERTY AND
RIGHT-OF-WAY. The commission may acquire by gift, purchase, or
condemnation proceedings the necessary right-of-way and property
of any kind necessary for improvements contemplated by this
chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.156. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to condemn and acquire the
right-of-way over and through any public or private land necessary
to improve any river, bay, creek, or arm of the Gulf of Mexico for
the construction and maintenance of any canal or waterway and for
any other purpose authorized by this chapter.
(b) The condemnation proceedings shall be instituted under
the direction of the commission and in the name of the district, and
the damages shall be assessed in conformity with the laws for
condemning and acquiring rights-of-way by railroads.
(c) No appeal from the finding and assessment of damages
shall have the effect of suspending work by the commission in
prosecuting the work of improvement in detail.
(d) No right-of-way can be condemned through any part of an
incorporated city or town without the consent of the lawful
authorities of the city or town.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.157. AUTHORITY OVER IMPROVEMENTS. A district may
acquire, purchase, take over, construct, maintain, operate,
develop, and regulate wharves, docks, warehouses, grain elevators,
bunkering facilities, belt railroads, floating plants, literage,
lands, towing facilities, and all other facilities or aids incident
to or necessary to the operation or development of ports or
waterways inside the district extending to the Gulf of Mexico.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.158. OBTAINING CONSENT OF UNITED STATES. If a
river, creek, bay, stream, canal, or waterway which is to be
improved is navigable or if the improvements are of a type which
require the permission or consent of the United States, the
commission may obtain the permission or consent of the United
States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.159. COOPERATION WITH THE UNITED STATES. (a) The
commission may cooperate and act with the United States in surveys,
work, and expenditure of money in any matters relating to
construction and maintenance of the canals and the improvement and
navigation of navigable rivers, bays, creeks, streams, canals, and
waterways.
(b) To the extent that the United States aids in these
matters, the commission may agree and consent to the United States
entering and taking management and control of the work insofar as
necessary or permissible under the laws and regulations of the
United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.160. DUTIES OF ENGINEER. The engineer shall:
(1) make necessary surveys, examinations,
investigations, maps, plans, and drawings relating to proposed
improvements;
(2) estimate the cost of improvements;
(3) supervise the work of improvements; and
(4) perform any duties which might be required by the
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.161. UNITED STATES PERFORMING DUTIES OF
ENGINEER. Instead of or in addition to employing an engineer, the
commission may adopt any survey of a river, creek, canal, stream,
bay, or waterway previously made by the United States and may
arrange for surveys, examinations, and investigations of proposed
improvements and for supervision of the work of improvement by the
United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.162. DISTRICT ORDER FOR IMPROVEMENTS. If the
commission considers it in the best interest for the district to
exercise the powers granted by Section 63.153 of this code or if the
commission finds that additional improvements to those originally
planned or constructed are necessary for navigation of or in aid of
navigation of any river, creek, stream, bay, canal, or waterway,
the commission shall make this finding in an order entered in the
minutes and shall direct the engineer to make an estimate showing
the character and cost of the improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.163. NOTICE OF HEARING. (a) After the
commission's order is entered in the minutes, the commission shall
publish notice once a week for three consecutive weeks in a
newspaper published in the district. If no newspaper is published
in the district, the notice shall be published in the newspaper
published nearest to the district.
(b) The notice shall include a copy of the commission's
order and shall designate a time and place for a hearing.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.164. HEARING ON IMPROVEMENTS. (a) The commission
shall hear evidence at the hearing, and any district taxpayer or
interested person may present evidence.
(b) The commission may adjourn the hearing from day to day
for a reasonable time so that all taxpayers and interested persons
may be heard.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.165. FINDINGS. (a) After the hearing is
completed, the commission shall enter its order making findings as
to whether or not the improvements and construction of the
facilities is feasible and practicable and whether or not benefits
will result to the public.
(b) If the findings are against the proposed improvements,
no further action will be taken, but if the commission finds that
the improvements are feasible and practicable and would be a public
benefit, the district may issue bonds to pay for the necessary
improvements and facilities.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.166. BOND ELECTION. (a) An election shall be held
to approve the issuance of the bonds.
(b) The ballots shall be printed to provide for voting for
or against the proposition: "The issuance of bonds and the levy of
a tax to pay for the bonds."
(c) The returns of the election shall be canvassed as
provided in this chapter.
(d) If the canvass indicates that a majority of the electors
voted in favor of the proposition, the commission shall issue an
order directing the issuance of the bonds and the levy of a tax.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.167. FORM OF BONDS. (a) The bonds shall be issued
in the manner that other bonds are issued under this chapter, and
the amount of the bonds may not be more than the cost of the
improvements estimated by the engineer.
(b) The bonds shall be issued in the name of the district and
shall be signed by the president of the commission and attested by
the secretary with the seal of the district attached.
(c) The bonds shall be issued in the denominations and
payable at the times, not more than 40 years, considered most
expedient by the board. Interest shall be payable annually or
semiannually.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.168. BIDS FOR CONTRACT. (a) Before the
commission enters into a contract requiring the expenditure of more
than $15,000, it shall submit the proposed contract for competitive
bids.
(b) The commission may reject any and all bids, and if the
contract is for a public improvement, the successful bidder shall
be required to give the statutory bonds required by Chapter 2253,
Government Code.
(c) The contract shall be awarded to the lowest and best
bidder.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 805, ch. 299, § 3, eff. Aug.
29, 1977; Acts 1993, 73rd Leg., ch. 757, § 24, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, § 5.95(19), eff. Sept. 1,
1995.
§ 63.169. NOTICE OF BIDS. (a) Notice of the time and
place the contract will be awarded shall be published in one or more
newspapers with general circulation in the state, one of which
shall be a newspaper published in the county in which the district
is located if a newspaper is published in the county.
(b) The notice shall be published once a week for two
consecutive weeks before the time set for awarding the contract,
with the first publication being made at least 14 days before the
day for awarding the contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.170. APPLICATION OF CERTAIN SECTIONS. The
provisions of Sections 63.168-63.169 of this code do not apply to:
(1) improvements carried out and performed by the
United States;
(2) calamities or emergencies which make it necessary
to act at once to preserve the property of the district;
(3) unforeseen damage to district property,
machinery, or equipment or necessary emergency repairs to them; or
(4) contracts for personal or professional services or
work done by the district and paid for by the day as the work
progresses.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.171. PROCEDURE FOR BIDS. (a) Any person desiring
to bid on the construction of any work advertised shall, on
application to the commission, be furnished at actual cost the
survey, plans, and estimates for the work.
(b) Bids for the work shall be in writing, sealed, and
delivered to the chairman of the commission, together with a
certified check for at least five percent of the total amount of the
bid. A bid bond in the amount of at least five percent of the total
amount of the bid executed by a corporate surety duly authorized to
do business in this state and payable to the district may be
substituted in lieu of the certified check.
(c) If the bidder's bid is accepted but he refuses to enter
into a proper contract and give the performance and payment bond
required by Chapter 2253, Government Code, the certified check or
bid bond shall be forfeited to the district.
(d) The commission may reject any and all bids.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, § 1, eff. May
26, 1971; Acts 1995, 74th Leg., ch. 76, § 5.95(19), eff. Sept.
1, 1995.
§ 63.172. FORMAL REQUIREMENTS OF CONTRACT. (a) A
contract entered into by the district shall be in writing and signed
by the contractors and the commissioners or any two of the
commissioners.
(b) A copy of the contract shall be filed with the county
clerk for reference.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.173. CONTRACTOR'S BOND. The contractor shall
execute an adequate bond payable to the commission in the amount of
the contract price, conditioned that he will faithfully perform the
obligations, agreements, and covenants of the contract and that if
he defaults he will pay the district all damages sustained by reason
of the default. The bond shall be approved by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.174. INTEREST IN CONTRACT. The members of the
board and the engineer may not be directly or indirectly interested
for themselves or as agents in a contract for the construction of a
work to be performed by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.175. SUPERVISION BY ENGINEER. (a) Unless done
under the supervision of the United States, all work contracted for
by the commission shall be done under the supervision of the
district engineer.
(b) After the work is completed according to the contract,
the engineer shall make a detailed report of the work to the
commission showing whether or not the contract was fully complied
with according to its terms and, if not, in what particulars it has
not been complied with.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.176. PAYMENT FOR WORK. (a) The commission shall
inspect the work being done during its progress, and on completion
of the contract, the commission shall draw a warrant on the district
depository in favor of the contractor or his assignee for the amount
of the contract price. The warrant shall be paid from the
construction and maintenance fund.
(b) If the commission considers it advisable, it may
contract to pay for the work in partial payments as the work
progresses, but the partial payments may not be more in the
aggregate than 90 percent of the contract price of the total amount
of work done under the contract. The amount of the work shall be
shown by a certificate of the engineer.
(c) The provisions of this section do not apply to
improvements carried out or performed by the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, § 2, eff. May
26, 1971.
§ 63.177. COMMISSION REPORT. (a) The commission shall
make an annual report of its activities and file it with the county
clerk on or before January 1 of each year.
(b) The report shall show in detail:
(1) the kind, character, and amount of work done in the
district;
(2) the cost of the work; and
(3) the amount paid on order, the purpose for which
paid, and other data necessary to show the condition of
improvements made under the provisions of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.178. FRANCHISES. (a) A district may grant
franchises on property owned or controlled by the district to any
person for purposes consistent with this chapter and may charge
fees for the franchises.
(b) A franchise may be granted for a period of not more than
30 years.
(c) Before the franchise is granted, the commission must
approve the franchise by a majority vote at three separate meetings
held at least one week apart and must publish the franchise in full,
at the expense of the applicant, once a week for three consecutive
weeks in a newspaper published in the district.
(d) The franchise shall require the grantee to file his
written acceptance within 30 days from the day the franchise is
finally approved.
(e) Fees charged for a franchise may be used to pay interest
on bonds or other securities issued by the district for
construction of its improvements and to retire these bonds or other
securities at maturity.
(f) This section shall not be construed to prevent a
district from granting revocable licenses or permits for the use of
limited portions of waterfront or facilities for purposes
consistent with this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.179. ADJACENT LAND. (a) The district may own land
adjacent or accessible to the navigable water developed by the
district and may lease the land to any person and charge reasonable
tolls, fees, or other charges.
(b) Proceeds from the tolls, fees, or other charges may be
used for maintenance and operation of the business of the district,
to make the district self-supporting and financially solvent, and
to return the construction cost of the improvements within a
reasonable period.
(c) The land may be located in whole or in part inside or
outside the boundaries of any incorporated city, town, or village
in this state, but land which is not included inside the boundaries
of a city, town, or village at the time it is acquired by the
district may not be annexed or included inside the boundaries of the
city, town, or village without the written consent of the district
evidenced by a resolution adopted by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.180. ISSUANCE OF WRITS. A writ of mandamus shall
issue from a court of competent jurisdiction to compel the
commission to apply revenue in accordance with the terms of a
contract with the United States, and an injunction may be issued to
restrain the commission from violating the provisions of a contract
with the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.181. PEACE OFFICERS. The district may appoint
peace officers to protect life and property in the district and the
property of the district. The officers shall have the same rights,
powers, and authority as policemen of a city or town.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 72, ch. 32, § 1, eff. April
15, 1981.
§ 63.182. EFFECT ON POLICE POWERS. The provisions of
this chapter shall not affect or repeal the police powers of any
municipality inside the district or any law, ordinance, or
regulation which authorizes the municipality to exercise police
power over any navigable stream, aid to navigation, or facility for
navigation in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.183. OTHER LAWS GOVERNING DISTRICT. The
commission has the same rights, powers, and duties provided for
commissioners in Chapter 62, Transportation Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 165, § 30.279, eff. Sept. 1,
1997.
SUBCHAPTER E. GENERAL FISCAL PROVISIONS
§ 63.221. CONSTRUCTION AND MAINTENANCE FUND. (a) The
construction and maintenance fund shall include money received from
the sale of bonds and other sources except the tax and other
collections deposited in the sinking fund and used to pay interest
on the bonds.
(b) All expenses incurred in connection with the creation,
establishment, and maintenance of the district after the original
petition to create the district is filed shall be paid from the
construction and maintenance fund.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.222. DISTRICT DEPOSITORY. The district depository
shall be designated as provided by Section 60.271, and the
district's funds shall be deposited in the depository.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1400, § 4, eff. Sept. 1,
1997.
§ 63.224. ACCOUNTS AND RECORDS; AUDIT. (a) A complete
book of all accounts and records shall be kept by the district.
(b) In January of each year or as soon after that time as
practicable, the county auditor or, in the discretion of the
commission, an independent certified public accountant or firm of
independent certified public accountants shall be employed to make
a complete audit of the books and records and make a report of the
findings.
(c) The audit report shall be made in triplicate, and one
copy shall be filed with the district office, one with the district
depository, and one with the county auditor's office.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.225. DEPOSIT. (a) When the petition to create the
district is filed, it shall be accompanied by a $500 deposit, which
shall be held by the county clerk until the result of the election
to create the district is declared and entered in the minutes of the
commissioners court.
(b) If the result of the election favors the creation of the
district, the county clerk shall return the $500 deposit to the
signers of the petition or their agent or attorney.
(c) If the result of the election is against the creation of
the district, the county clerk shall pay the costs and expenses of
the proposed district up to and including the election from the $500
deposit on vouchers signed by the county judge and shall return the
balance of the deposit, if any, to the signers of the petition or
their agent or attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.226. DEBT. (a) The district may retire the
original cost of construction of its improvements or pay for the
cost of construction by borrowing money and pledging and mortgaging
land, wharves, docks, warehouses, grain elevators, bunkering
facilities, belt railroads, floating plants, lighterage, towing
facilities, and other facilities or aids incident or necessary to
the operation or development of ports or waterways.
(b) The district may issue its debentures or other evidences
of debt secured by a mortgage for the length of time and a rate of
interest of not more than eight percent a year. In addition, the
district may secure the debentures, notes or other evidences of
debt with bonds of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.227. RETIRING DEBT. Debentures, notes, or other
evidences of debt may be retired by rents, tolls, fees, or charges
other than taxes. The debt also may be retired by assessments
against taxable property in the district which is equitably
distributed on the basis of benefits derived by the property from
district improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.228. BORROWING MONEY. (a) A district may borrow
for any legal purpose from the United States or from any banking
institution or other source not more than $250,000 to meet
temporary needs, and may issue notes or other short term
obligations other than bonds which will mature in not more than 10
years from their date and may pledge any securities owned by them or
their surplus revenues.
(b) A district, in the acquisition of land necessary for the
development of its ports and waterways both industrial and
otherwise, may execute purchase money notes securing same with
liens on the land being acquired or with a pledge of surplus
revenue, or with both. The notes may bear interest at the rate
determined by the commission.
Added by Acts 1971, 62nd Leg., p. 1448, ch. 404, § 3, eff. May 26,
1971.
SUBCHAPTER F. BOND PROVISIONS
§ 63.251. LEVY OF TAX. After bonds have been voted, the
commission shall levy a tax on all taxable property in the district
sufficient to pay principal of and interest on the bonds and shall
annually levy and have assessed and collected on the taxable
property of the district an amount sufficient to pay for the expense
of assessing and collecting the taxes.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.252. FORM OF BONDS. (a) Bonds issued under the
provisions of this chapter shall be issued in the name of the
district and shall be signed by the chairman of the commission and
attested by the secretary, with the district's seal affixed to each
bond.
(b) The bonds shall be issued in the denominations and
payable annually or semiannually at the time or times, not more than
40 years from their date, that the commission considers most
expedient.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.253. APPROVAL OF BONDS BY ATTORNEY
GENERAL. (a) Before bonds are offered for sale, the district
shall present to the attorney general a certified copy of all the
minutes of commission proceedings relating to the issuance of the
bonds, including:
(1) a copy of the notices of hearing and election,
together with a certified return of each notice;
(2) a certified copy of the commission's order levying
a tax to pay principal of and interest on the bonds;
(3) a statement of the total bonded indebtedness of
the district, including the series of bonds and the assessed value
of property for the purpose of taxation as shown by the last
official assessment of the district; and
(4) any other information which the attorney general
requires.
(b) The attorney general shall carefully examine the bonds
in connection with the constitution, laws relating to the execution
of the bonds, and the facts.
(c) If the attorney general finds that the bonds were issued
in conformity with the constitution and laws and that they are valid
and binding obligations of the district, he shall certify the
bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.254. REGISTRATION OF BONDS. After the bonds are
examined and certified by the attorney general, they shall be
registered by the comptroller in a book kept for that purpose, and
the certificate of the attorney general shall be preserved in the
record to be used in the event of litigation.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.255. VALIDITY OF BONDS. (a) After the bonds are
certified by the attorney general and registered by the
comptroller, they shall be held prima facie valid and binding
obligations in every action, suit, or proceeding in which their
validity is brought into question.
(b) In any action brought to enforce collection of the bonds
or interest on the bonds, the certificate of the attorney general or
a certified copy of the certificate shall be received as prima facie
evidence of the validity of the bonds and their coupons, and 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.
§ 63.256. SALE OF BONDS. (a) After the bonds are
registered, the chairman of the commission shall offer them for
sale and shall sell the bonds on the best terms and for the best
price possible.
(b) As the bonds are sold, the money received for them shall
be paid to the district depository to the credit of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.257. BOND RECORD. (a) After bonds are issued, the
board shall procure and deliver to the secretary of the district a
well-bound book for recording the bonds.
(b) The record kept in the book shall include:
(1) the bonds and their numbers;
(2) the amount of the bonds;
(3) the interest rate;
(4) the date of issuance;
(5) the date the bonds become due;
(6) the place where the bonds are payable;
(7) the amount received for each bond; and
(8) the tax levy to pay interest and provide a sinking
fund.
(c) The bond record shall be available for public inspection
by all interested parties in the district.
(d) On payment of a bond, an entry of the payment shall be
made in the bond record.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER G. TAX PROVISIONS
§ 63.281. BOND TAX. (a) After bonds have been voted,
the commission shall levy and have assessed and collected
improvement taxes on all taxable property inside the district.
(b) The tax shall be in an amount which is sufficient to pay
the principal of and interest on the bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.282. MAINTENANCE AND OPERATION TAX. (a) With the
approval of the electors of the district, the commission may levy
and have assessed and collected for the maintenance, operation, and
upkeep of the district and its improvements an annual tax of not
more than 20 cents on the $100 valuation on all taxable property in
the district.
(b) The proposition to approve the tax provided in
Subsection (a) of this section may be voted on at the election to
create the district or may be voted on at a separate election to be
held in the manner provided for elections held under Subchapter B of
this chapter.
(c) The ballots for the election shall be printed to provide
for voting for or against the proposition: "The levy of a tax of not
more than 20 cents on the $100 valuation for maintenance,
operation, and upkeep of the district and its improvements."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, § 14, eff. May
31, 1971.
§ 63.283. FUNDS FROM SOURCES OTHER THAN TAXES. The
district may pay interest on and principal of the bonds and pay the
costs of maintenance, operation, and upkeep with revenue from
tolls, rents, fees, or charges other than taxation or with
assessments made on the property in the district on the basis of
benefit derived.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.285. DUTY OF ASSESSOR AND COLLECTOR. The assessor
and collector shall assess and collect taxes for the district.
Acts 1971, 62nd Leg., 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. ASSESSMENTS
§ 63.321. ASSESSMENTS TO RETIRE DEBT. Assessments
which are equitably distributed against property in the district
may be used to pay the cost of making improvements and to pay
principal of and interest on bonds, notes, debentures, or other
evidences of debt issued by the district for improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.322. ORDER TO RETIRE DEBT BY ASSESSMENTS. If the
commission decides to retire bonds and other evidences of debt by
equitably distributed assessments against the property in the
district, it shall enter an order with its findings in the minutes
of its proceedings.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.323. NOTICE OF THE ORDER AND HEARING. (a) The
commission shall publish notice once a week for three consecutive
weeks in a newspaper in the district or, if no newspaper is
published in the district, in the newspaper published nearest to
the district.
(b) The notice shall include a copy of the order and shall
set a date for a hearing at which all property owners and persons
interested in the district and the improvements may appear and
contest the assessments and offer evidence for or against the
assessments before the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.324. HEARING PROCEDURE. (a) All protests,
contests, and objections at the hearing shall be presented in
writing.
(b) The commission shall summon witnesses when requested to
do so and take testimony with reference to the protests, contests,
and objections.
(c) The hearing may be adjourned from day to day until all
proponents or contestants of the assessments have had full
opportunity to present evidence.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.325. FINDINGS. The commission shall enter its
findings after the hearing, and if it finds against the proposition
of assessments, no further action shall be taken in the matter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.326. TAX ROLL. (a) If the commission finds in
favor of levying assessments, it shall direct the assessor and
collector of the district to prepare a roll of all the taxable
property in the district in the same manner as assessment for ad
valorem taxes.
(b) The assessor and collector shall make an assessment in
the proportion of cost to be borne by each item of property on the
tax rolls, basing the proportion of cost on benefits to be derived
from the improvements by the property and the owner of the property.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.327. BOARD OF EQUALIZATION. (a) If the
commission finds in favor of levying assessments, it shall appoint
three persons who are electors of the district to be commissioners
on the board of equalization and shall designate the time for the
meeting of the board of equalization.
(b) The board of equalization shall meet at the time fixed
by the commission to receive the assessment lists or books of the
district for examination, correction, equalization, and approval.
(c) The secretary of the commission shall act as secretary
for the board of equalization and shall keep a permanent record of
the proceedings of the board of equalization.
(d) Before beginning to perform the duties of the board of
equalization, each member shall take the following oath: "I ______
do solemnly swear (or affirm) that I will, to the best of my
ability, make a full and complete examination, correction, and
equalization of all property contained in the district as shown by
the assessment lists or books of the assessor and collector and add
all property not included of which I have knowledge."
(e) The oath shall be entered in the minutes by the
secretary.
(f) The completed tax roll shall be submitted to the board
of equalization.
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.
§ 63.328. NOTICE OF HEARING BY BOARD OF
EQUALIZATION. Notice of the hearing by the board of equalization
shall be published once a week for three consecutive weeks in a
newspaper published in the district or, if no newspaper is
published in the district, in the newspaper published nearest to
the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.329. HEARING BY BOARD OF EQUALIZATION. The owners
of property shall have an opportunity to present evidence in
hearings before the board of equalization. All interested persons
shall have an opportunity to appear and present evidence as to the
benefits or lack of benefits to property in which they are
interested.
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.
§ 63.330. FINDINGS OF BOARD OF EQUALIZATION. After all
hearings are completed, the board of equalization shall report its
findings to the commission for acceptance or disapproval.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.331. DISAPPROVAL OF FINDINGS. If the commission
refuses to approve the tax rolls, it shall hold hearings on all
items not approved in the manner provided for the board of
equalization.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.332. EFFECT OF APPROVAL OF FINDINGS. The approval
of the findings of the board of equalization and the tax rolls as
finally fixed shall be conclusive except in cases of fraud or the
failure to equitably distribute the assessments.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.333. PERSONAL OBLIGATION; LIEN. An assessment is
a personal obligation of the property owner against whom the
assessment is made, and the district has a lien against the assessed
taxable property.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.334. ASSESSMENT FUND. (a) The assessments shall
be paid to the assessor and collector and shall be kept by him in a
separate fund known as the "Assessment Fund."
(b) Payments out of the fund shall be made to retire the
bonds, notes, debentures, or other evidences of debt of the
district on vouchers drawn by the commission each year on the
maturity of the indebtedness.
(c) The vouchers shall be signed by at least two members of
the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.335. ERRORS IN ASSESSMENTS. (a) An error,
mistake, or formality in the assessment or in any step or proceeding
prerequisite to the assessment shall not invalidate the assessment,
but the commission may correct the error at all times.
(b) An error or mistake in describing any parcel or item of
property or the name of any owner of property shall not invalidate
the assessment, but it shall have full force and effect against the
premises and the real and true owner.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.336. REASSESSMENT. (a) If, in the opinion of the
commission, an error, mistake, or invalidity exists in any
proceeding with reference to the improvements or assessments, it
shall correct the error, mistake, or invalidity and reassess the
property and the owners of the property.
(b) The reassessment shall be made after the same notice and
hearing as provided for the making of an original assessment. The
commission in making the reassessment shall take into consideration
any enhancement or depreciation in the value of the property
assessed and shall make the reassessment on a basis of equalization
and the equitable distribution of benefits to the property with
respect to all other property in the district.
(c) A reassessment shall not be made later than three years
from the date of the original assessment except in the case of fraud
or undisclosed ownership of property.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.337. SUIT TO SET ASIDE OR CORRECT
ASSESSMENT. (a) A property owner with an assessment or
reassessment against him or his property may bring suit within 20
days after the assessment or reassessment in any court with
jurisdiction to set aside or correct the assessment or reassessment
or any proceeding with reference to the assessment or reassessment
due to any error or invalidity.
(b) The cost of a suit to set aside or correct an assessment
or reassessment shall be paid by the loser of the litigation.
(c) After the 20-day period following the assessment or
reassessment, the owner or his heirs, assigns, or successors do not
have a right of action or a defense of invalidity of the assessment
or reassessment in any action in which the assessment or
reassessment is in question, except in case of fraud.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.338. DELINQUENT ASSESSMENTS. (a) Not later than
August 1 of each year, the assessor and collector shall prepare a
delinquent roll showing all delinquencies in the payment of the
assessments.
(b) The assessor and collector shall post the delinquent
roll in the district office for at least 20 days.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.339. SUIT FOR COLLECTION. (a) After the
delinquent roll has been posted in the district office for 20 days,
the attorney for the district may file suit for collection in any
court with jurisdiction.
(b) An attorney's or collection fee of 10 percent on the
amount of principal and interest due at the time of filing the suit
shall accrue against the property owner and shall be charged as
costs of court. The attorney's or collection fee is collectible
against the property owner and the property from the date of the
filing of the suit.
(c) Except as otherwise provided in this section, the suit
shall be filed and prosecuted in the same manner as suits for the
collection of delinquent ad valorem taxes.
(d) It is not necessary in the suit to specifically plead
and prove the orders, notices, rules, and regulations of the
commission relating to the assessment or reassessment. It is
sufficient for the petition or other pleading to allege that the
proceedings with reference to the making of the improvements and
the assessments or reassessments were held in compliance with the
law and that all prerequisites to the fixing of the assessment lien
on the assessed property and the personal liability of the owner
were performed.
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.
§ 63.340. SALE OF PROPERTY TO SATISFY JUDGMENT. The
district may purchase any property at a sale to satisfy a judgment
in favor of the district on a delinquent assessment or
reassessment, if the district is the best bidder.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 63.341. RULES AND REGULATIONS. The commission may
adopt any necessary rules, regulations, and orders, which are not
inconsistent with the provisions of this chapter, for the purpose
of carrying out the provisions of the chapter relating to
assessments, reassessments, and the collection of assessments.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER I. ANNEXATION
§ 63.371. 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.372. 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.373. SCHEDULING PETITION FOR HEARING;
NOTICE. (a) After a petition is presented under Section 63.372 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.374. 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.375. 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.376. 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.377. 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."
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.378. 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.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
§ 63.379. 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 recorded in the real estate records of the
county or counties in which the territory is located.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, § 4, eff. Aug.
29, 1977.
