Texas Water Code - Section 53.029. Division Of Or Assumption Of Authority By Certain Districts
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Texas Laws > Water Code > Texas Water Code - Section 53.029. Division Of Or Assumption Of Authority By Certain Districts
Section: 53.015 53.016 53.017 53.018 53.019 53.020 53.021 53.029 53.030 53.031 53.032 53.033 53.034 53.040 53.041
§ 53.029. DIVISION OF OR ASSUMPTION OF AUTHORITY BY
CERTAIN DISTRICTS. (a) This section applies to a district located
in a county that:
(1) has a population of 1.3 million or more and in
which a municipality with a population of more than one million is
primarily located; or
(2) is adjacent to a county having the characteristics
described by Subdivision (1).
(b) A district covered by this section may be divided into
two new districts if it has no outstanding bonded debt and is not
levying ad valorem taxes. The division procedure is prescribed by
Sections 53.030 to 53.041 of this code.
(c) The board of a district covered by this section may
order an election to be held in the district to determine whether
the district should assume the rights, authority, privileges, and
functions of a road district under Article III, Section 52(b)(3),
of the Texas Constitution. The election shall be ordered,
conducted, and the results canvassed in the manner provided by the
applicable provisions of this chapter and the Election Code. The
ballots for the election shall be printed to provide for voting for
or against: The assumption by the __________ Fresh Water Supply
District of the rights, authority, privileges, and functions of a
road district under Article III, Section 52(b)(3), of the Texas
Constitution. If a majority of the persons voting in the election
vote in favor of the proposition, the district shall assume the
rights, authority, privileges, and functions of a road district
operating under Article III, Section 52(b)(3), of the Texas
Constitution, Chapter 257, Transportation Code, and other general
laws of this state relating to road districts.
(d) A district operating as a road district may not issue
bonds or otherwise lend its credit for road district purposes
except on approval of not less than two-thirds of the qualified
voters of the district voting at an election called and held for
that purpose. The total amount of bonds, notes, and other
obligations of the district issued or incurred under this
subsection may not exceed one-fourth of the assessed valuation of
real property in the district.
(e) A district that has adopted the rights, authority,
privileges, and functions of a road district in the manner provided
by Subsection (c) may, following approval of a construction
contract by the district's governing body, reimburse expenditures
as provided by Sections 257.003(a) and (b), Transportation Code,
without any additional approval under Section 257.003,
Acts 1971, 62nd Leg., p. 400, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 598, ch. 237, § 139, eff.
Sept. 1, 1981; Acts 1987, 70th Leg., ch. 122, § 1, eff. May 19,
1987; Acts 1991, 72nd Leg., ch. 597, § 110, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 165, § 30.277, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 669, § 146, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 248, § 26, eff. June 18, 2003.
Last modified: August 11, 2007