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- Texas Water Code Section 1.001 - Purpose Of Code
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Water Code Section 1.002 - Construction Of Code
(a) The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by ...
- Texas Water Code Section 1.003 - Public Policy
It is the public policy of the state to provide for the conservation and development of the state's natural resources, including: (1) the control, storage, ...
- Texas Water Code Section 5.053 - Eligibility For Membership
Text of section effective until delegation of NPDES permit authority A person is not eligible to serve on the commission if the person or ...
- Texas Water Code Section 5.053 - Eligibility For Membership
Text of section effective upon delegation of NPDES permit authority (a) A person may not be a member of the commission if the person ...
- Texas Water Code Section 5.175 - Inspection Of Water Pollution Records
Text of section effective until delegation of NPDES permit authority All information, documents, and data collected by the commission in the performance of its ...
- Texas Water Code Section 5.175 - Inspection Of Water Pollution Records
Text of section effective upon delegation of NPDES permit authority (a) All information, documents, and data collected by the commission in the performance of ...
- Texas Water Code Section 5.176 - Complaint File
(a) The commission shall maintain a file on each written complaint filed with the commission about a matter within the commission's regulatory jurisdiction. The file ...
- Texas Water Code Section 5.1765 - Publication Of Information Regarding Complaint Procedures And Policies
The commission shall establish a process for educating the public regarding the commission's complaint policies and procedures. As part of the public education process, the ...
- Texas Water Code Section 5.177 - Notice Of Complaint Procedures; Notice Of Investigation Status
(a) The agency shall provide to the person filing the complaint about a matter within the commission's regulatory jurisdiction and to each person who is ...
- Texas Water Code Section 5.1771 - Coordination Of Complaint Investigations With Local Enforcement Officials: Training
(a) The commission shall share information regarding a complaint about a matter within the commission's regulatory jurisdiction made to the commission with local officials with ...
- Texas Water Code Section 5.1772 - After-Hours Response To Complaints
(a) The commission shall adopt and implement a policy to provide timely response to complaints during periods outside regular business hours. (b) This section does ...
- Texas Water Code Section 5.1773 - Complaint Assessment
(a) The commission annually shall conduct a comprehensive analysis of the complaints it receives, including analysis by the following categories: (1) air; (2) water; (3) ...
- Texas Water Code Section 5.178 - Annual Reports; Biennial Appendices
(a) On or before December 1 of each even-numbered year, the commission shall file with the governor and the members of the legislature a written ...
- Texas Water Code Section 5.179 - Seal
The commission shall have a seal bearing the words Texas Natural Resource Conservation Commission encircling the oak and olive branches common to other official seals. ...
- Texas Water Code Section 5.221 - General Responsibilities Of The Executive Director
The executive director shall manage the administrative affairs of the commission subject to this code and other laws and under the general supervision and direction ...
- Texas Water Code Section 5.222 - Delegation Of Executive Director's Authority Or Duty
The executive director may delegate to the executive director's staff any authority or duty assigned to the executive director unless the statute, rule, or order ...
- Texas Water Code Section 5.223 - Administrative Organization Of Commission
Subject to approval of the commission, the executive director may organize and reorganize the administrative sections and divisions of the commission in a manner and ...
- Texas Water Code Section 5.224 - Information Request To Board
(a) With regard to any matter pending before the commission, the executive director may obtain from the board information relating to that matter. (b) On ...
- Texas Water Code Section 5.225 - Career Ladder Program
The executive director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry ...
- Texas Water Code Section 5.226 - Merit Pay
The executive director or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for commission employees ...
- Texas Water Code Section 5.227 - Equal Employment Opportunity Policy
(a) The executive director or his designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure ...
- Texas Water Code Section 5.2275 - State Employee Incentive Program
The executive director or the executive director's designee shall provide to commission employees information and training on the benefits and methods of participation in the ...
- Texas Water Code Section 5.228 - Appearances At Hearings
(a) The position of and information developed by the commission shall be presented by the executive director or his designated representative at hearings of the ...
- Texas Water Code Section 5.229 - Contracts
(a) The executive director, on behalf of the commission, may negotiate with and with the consent of the commission enter into contracts with the United ...
- Texas Water Code Section 5.2291 - Scientific And Technical Services
(a) In this section, "scientific and technical environmental services" means services, other than engineering services, of a scientific or technical nature the conduct of which ...
- Texas Water Code Section 5.230 - Enforcement
On approval of the commission, the executive director may enforce the terms and conditions of any permit, certified filing, certificate of adjudication, order, standard, or ...
- Texas Water Code Section 5.231 - Travel Expenses
The executive director is entitled to receive actual and necessary travel expenses. Other employees of the commission are entitled to receive travel expenses as provided ...
- Texas Water Code Section 5.232 - Employee Moving Expenses
If provided by legislative appropriation, the commission may pay the costs of transporting and delivering the household goods and effects of employees transferred by the ...
- Texas Water Code Section 5.233 - Gifts And Grants
The executive director may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers ...
- Texas Water Code Section 5.234 - Applications And Other Documents
(a) An application, petition, or other document requiring action of the commission shall be presented to the executive director and handled as provided by this ...
- Texas Water Code Section 5.236 - Groundwater Contamination Reports
(a) If the executive director acquires information that confirms that a potential public health hazard exists because usable groundwater has been or is being contaminated, ...
- Texas Water Code Section 5.237 - Operating Fund
(a) The Texas Natural Resource Conservation Commission Operating Fund is established in the treasury. At the request of the commission, the comptroller is authorized to ...
- Texas Water Code Section 5.238 - Administrative Account
The commission administrative account is an account in the general revenue fund. The account consists of reimbursements to the commission for services provided by the ...
- Texas Water Code Section 5.271 - Creation And General Responsibility Of The Office Of Public Interest Counsel
The office of public interest counsel is created to ensure that the commission promotes the public's interest and is responsive to environmental and citizens' concerns ...
- Texas Water Code Section 5.272 - Public Interest Counsel
The office shall be headed by a public interest counsel appointed by the commission. The executive director may submit the names and qualifications of candidates ...
- Texas Water Code Section 5.273 - Duties Of The Public Interest Counsel
(a) The counsel shall represent the public interest and be a party to all proceedings before the commission. (b) The counsel may recommend needed legislative ...
- Texas Water Code Section 5.274 - Staff; Outside Technical Support
(a) The office shall be adequately staffed to carry out its functions under this code. (b) The counsel may obtain and use outside technical support ...
- Texas Water Code Section 5.275 - Appeal
A ruling, decision, or other act of the commission may not be appealed by the counsel. Amended by Acts 1985, 69th Leg., ch. 795, § ...
- Texas Water Code Section 5.311 - Delegation Of Responsibility
(a) The commission may delegate to an administrative law judge of the State Office of Administrative Hearings the responsibility to hear any matter before the ...
- Texas Water Code Section 5.312 - Time Limit For Issuance Or Denial Of Permits
(a) Except as provided in Subsection (b), all permit decisions shall be made within 180 days of the receipt of the permit application or application ...
- Texas Water Code Section 5.313 - Hearing Examiners Referenced In Law
Any reference in law to a hearing examiner who has a duty related to a case pending before the commission means an administrative law judge ...
- Texas Water Code Section 5.351 - Judicial Review Of Commission Acts
(a) A person affected by a ruling, order, decision, or other act of the commission may file a petition to review, set aside, modify, or ...
- Texas Water Code Section 5.352 - Remedy For Commission Or Executive Director Inaction
A person affected by the failure of the commission or the executive director to act in a reasonable time on an application to appropriate water ...
- Texas Water Code Section 5.353 - Diligent Prosecution Of Suit
The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 of this code. If the plaintiff does not secure proper ...
- Texas Water Code Section 5.354 - Venue
A suit instituted under Section 5.351 or 5.352 of this code must be brought in a district court in Travis County. Amended by Acts 1985, ...
- Texas Water Code Section 5.355 - Appeal Of District Court Judgment
A judgment or order of a district court in a suit brought for or against the commission is appealable as are other civil cases in ...
- Texas Water Code Section 5.356 - Appeal By Executive Director Precluded
A ruling, order, decision, or other act of the commission may not be appealed by the executive director. Amended by Acts 1985, 69th Leg., ch. ...
- Texas Water Code Section 5.357 - Law Suits; Citation
Law suits filed by and against the commission or executive director shall be in the name of the commission. In suits against the commission or ...
- Texas Water Code Section 5.401 - Consolidated Permit Processing
(a) If a plant, facility, or site is required to have more than one permit issued by the commission and the applications for all permits ...
- Texas Water Code Section 5.402 - Request For Separate Processing
(a) At any time before the public notice of the opportunity to request a hearing on a permit application, the applicant may request that consolidated ...
- Texas Water Code Section 5.403 - Renewal Period For Consolidated Permit
The renewal period for a consolidated permit issued under this subchapter is the shortest term set by any state or federal statute or rule governing ...
- Texas Water Code Section 5.404 - Renewal Of Permits
A permit issued under this subchapter or a permit issued before and effective on September 1, 1997, that authorizes more than one permit program may ...
- Texas Water Code Section 5.405 - Fees
(a) Except as provided by Subsection (b), the fee for a consolidated permit shall be computed as if the permits consolidated had been processed separately. ...
- Texas Water Code Section 5.406 - Rules
The commission may adopt rules to effectuate the purposes of this subchapter, including rules providing for: (1) combined public notices of permits issued under the ...
- Texas Water Code Section 5.501 - Emergency And Temporary Order Or Permit; Temporary Suspension Or Amendment Of Permit Condition
(a) For the purposes and in the manner provided by this subchapter, the commission: (1) may issue a temporary or emergency mandatory, permissive, or prohibitory ...
- Texas Water Code Section 5.502 - Application For Emergency Or Temporary Order
A person other than the executive director or the executive director's representative who desires an emergency or temporary order under this subchapter must submit a ...
- Texas Water Code Section 5.503 - Notice Of Issuance
Notice of the issuance of an emergency order shall be provided in accordance with commission rules. Added by Acts 1997, 75th Leg., ch. 1072, § ...
- Texas Water Code Section 5.504 - Hearing To Affirm, Modify, Or Set Aside Order
(a) If the commission, the executive director, or the executive director's representative issues an emergency order under this subchapter without a hearing, the order shall ...
- Texas Water Code Section 5.505 - Term Of Order
An emergency or temporary order issued under this subchapter must be limited to a reasonable time specified by the order. Except as otherwise provided by ...
- Texas Water Code Section 5.506 - Emergency Suspension Of Permit Condition Relating To Beneficial Inflows To Affected Bays And Estuaries And Instream Uses
(a) The commission by emergency or temporary order may suspend a permit condition relating to beneficial inflows to affected bays and estuaries and instream uses ...
- Texas Water Code Section 5.507 - Emergency Order For Operation Of Utility That Discontinues Operation Or Is Referred For Appointment Of Receiver
The commission may issue an emergency order appointing a willing person to temporarily manage and operate a utility under Section 13.4132. Notice of the action ...
- Texas Water Code Section 5.508 - Emergency Order For Rate Increase In Certain Situations
(a) Notwithstanding the requirements of Section 13.187, the commission may authorize an emergency rate increase for a utility for which a person has been appointed ...
- Texas Water Code Section 5.509 - Temporary Or Emergency Order Relating To Discharge Of Waste Or Pollutants
(a) The commission may issue an emergency or temporary order relating to the discharge of waste or pollutants into or adjacent to water in the ...
- Texas Water Code Section 5.510 - Emergency Order Concerning Underground Or Aboveground Storage Tanks
(a) The commission may issue an emergency order to the owner or operator of an underground or aboveground storage tank regulated under Chapter 26 prohibiting ...
- Texas Water Code Section 5.511 - Emergency Administrative Order Concerning Imminent And Substantial Endangerment
The commission or the executive director may issue an emergency administrative order under Section 361.272, Health and Safety Code, in the manner provided by this ...
- Texas Water Code Section 5.512 - Emergency Order Concerning Activity Of Solid Waste Management
The commission may issue an emergency order concerning an activity of solid waste management under the commission's jurisdiction, even if that activity is not covered ...
- Texas Water Code Section 5.513 - Emergency Order Concerning On-Site Sewage Disposal System
(a) The commission may issue an emergency order suspending the registration of the installer of an on-site sewage disposal system, regulating an on-site sewage disposal ...
- Texas Water Code Section 5.514 - Order Issued Under Air Emergency
(a) If the commission finds that a generalized condition of air pollution exists that creates an emergency requiring immediate action to protect human health or ...
- Texas Water Code Section 5.5145 - Emergency Order Concerning Operation Of Rock Crusher Or Concrete Plant Without Permit
The commission shall issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry ...
- Texas Water Code Section 5.515 - Emergency Order Because Of Catastrophe
(a) The commission may issue an emergency order authorizing immediate action for the addition, replacement, or repair of facilities or control equipment or the repair ...
- Texas Water Code Section 5.516 - Emergency Order Under Section 401.056, Health And Safety Code
The commission may issue an emergency order under Section 401.056, Health and Safety Code, in the manner provided by this subchapter. Added by Acts 1997, ...
- Texas Water Code Section 5.551 - Permitting Procedures; Applicability
(a) This subchapter establishes procedures for providing public notice, an opportunity for public comment, and an opportunity for public hearing under Subchapters C-H, Chapter 2001, ...
- Texas Water Code Section 5.552 - Notice Of Intent To Obtain Permit
(a) The executive director shall determine when an application is administratively complete. (b) Not later than the 30th day after the date the executive director ...
- Texas Water Code Section 5.553 - Preliminary Decision; Notice And Public Comment
(a) The executive director shall conduct a technical review of and issue a preliminary decision on the application. (b) The applicant shall publish notice of ...
- Texas Water Code Section 5.554 - Public Meeting
During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or ...
- Texas Water Code Section 5.555 - Response To Public Comments
(a) The executive director, in accordance with procedures provided by commission rule, shall file with the chief clerk of the commission a response to each ...
- Texas Water Code Section 5.556 - Request For Reconsideration Or Contested Case Hearing
(a) A person may request that the commission reconsider the executive director's decision or hold a contested case hearing. A request must be filed with ...
- Texas Water Code Section 5.557 - Direct Referral To Contested Case Hearing
(a) Immediately after the executive director issues a preliminary decision on an application under Section 5.553, the commission, on the request of the applicant or ...
- Texas Water Code Section 5.558 - Clean Coal Project Permitting
(a) As authorized by federal law, the commission by rule shall implement reasonably streamlined processes for issuing permits required to construct a component of the ...
- Texas Water Code Section 5.601 - Definitions
In this subchapter: (1) "Approved implementation program" means an implementation plan identified as part of an approved comprehensive conservation and management plan. (2) "Approved comprehensive ...
- Texas Water Code Section 5.602 - Recognition Of National Significance Of Estuaries Of Texas Coast
The state recognizes the state and national significance of estuaries on the Texas coast and that the cooperative efforts created by the National Estuary Program ...
- Texas Water Code Section 5.603 - Finding Of Benefit And Public Purpose
The state recognizes the importance of implementing estuary management plans by protecting and improving water quality and restoring estuarine habitat that makes the bays and ...
- Texas Water Code Section 5.604 - Lead State Agency
The commission is the lead state agency for the implementation of approved comprehensive conservation and management plans developed under the National Estuary Program. The commission ...
- Texas Water Code Section 5.605 - State Agency Participation
(a) The following state agencies shall participate and provide assistance to the estuary programs in implementing approved comprehensive conservation and management plans: (1) the General ...
- Texas Water Code Section 5.606 - Estuary Program Offices
To accomplish the purposes of this subchapter, the estuary program office of any estuary of the state included in the National Estuary Program and for ...
- Texas Water Code Section 5.607 - Implementation Funding
Funding for the implementation of approved comprehensive conservation and management plans is to be shared by the state, local governments in the area of the ...
- Texas Water Code Section 5.608 - Eligibility For State Funding
A comprehensive conservation and management plan is eligible for state funding to assist in implementation of the plan if: (1) the estuary involved has been ...
- Texas Water Code Section 5.609 - Administration
The commission, as the lead state agency for administering the state's share of funds, and any state agency designated as an implementing agency for an ...
- Texas Water Code Section 5.701 - Fees
(a) The executive director shall charge and collect the fees prescribed by law. The executive director shall make a record of fees prescribed when due ...
- Texas Water Code Section 5.702 - Payment Of Fees Required When Due
(a) A fee due the commission under this code or the Health and Safety Code shall be paid on the date the fee is due, ...
- Texas Water Code Section 5.703 - Fee Adjustments
(a) The commission may not consider adjusting the amount of a fee due the commission under this code or the Health and Safety Code: (1) ...
- Texas Water Code Section 5.704 - Notice Of Change In Payment Procedure
The commission shall promptly notify each person required to pay a commission fee under this code or the Health and Safety Code of any change ...
- Texas Water Code Section 5.705 - Notice Of Violation
(a) The commission may issue a notice of violation to a person required to pay a commission fee under this code or the Health and ...
- Texas Water Code Section 5.706 - Penalties And Interest On Delinquent Fees
(a) Except as otherwise provided by law, the commission may collect, for a delinquent fee due the commission under this code or the Health and ...
- Texas Water Code Section 5.707 - Transferability Of Appropriations And Funds Derived From Fees
Notwithstanding any law that provides specific purposes for which a fund, account, or revenue source may be used and expended by the commission and that ...
- Texas Water Code Section 5.708 - Permit Fee Exemption For Certain Research Projects
(a) In this section: (1) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (2) "State agency" has the meaning assigned ...
- Texas Water Code Section 5.751 - Applicability
This subchapter applies to programs under the jurisdiction of the commission under Chapters 26 and 27 of this code and Chapters 361, 382, and 401, ...
- Texas Water Code Section 5.752 - Definitions
In this subchapter: (1) "Applicable legal requirement" means an environmental law, regulation, permit, order, consent, decree, or other requirement. (2) "Innovative program" means: (A) a ...
- Texas Water Code Section 5.753 - Standard For Evaluating Compliance History
(a) Consistent with other law and the requirements necessary to maintain federal program authorization, the commission by rule shall develop a uniform standard for evaluating ...
- Texas Water Code Section 5.754 - Classification And Use Of Compliance History
(a) The commission by rule shall establish a set of standards for the classification of a person's compliance history. (b) Rules adopted under this section ...
- Texas Water Code Section 5.755 - Strategically Directed Regulatory Structure
(a) The commission by rule shall develop a strategically directed regulatory structure to provide incentives for enhanced environmental performance. (b) The strategically directed regulatory structure ...
- Texas Water Code Section 5.756 - Collection And Analysis Of Compliance Performance Information
(a) The commission shall collect data on: (1) the results of inspections conducted by the commission; and (2) whether inspections are announced or unannounced. (b) ...
- Texas Water Code Section 5.757 - Coordination Of Innovative Programs
(a) The commission shall designate a single point of contact within the agency to coordinate all innovative programs. (b) The coordinator shall: (1) inventory, coordinate, ...
- Texas Water Code Section 5.758 - Regulatory Flexibility
(a) The commission by order may exempt an applicant from a requirement of a statute or commission rule regarding the control or abatement of pollution ...
- Texas Water Code Section 5.801 - Definition
In this subchapter, "environmental testing laboratory" means a scientific laboratory that performs analyses to determine the chemical, molecular, or pathogenic components of environmental media for ...
- Texas Water Code Section 5.802 - Administration By Commission
The commission shall adopt rules for the administration of the voluntary environmental testing laboratory accreditation program established by this chapter. The program must be consistent ...
- Texas Water Code Section 5.803 - Application; Fee
(a) To be accredited under the accreditation program adopted under this subchapter, an environmental testing laboratory must submit an application to the commission on a ...
- Texas Water Code Section 5.804 - Issuance Of Accreditation; Reciprocity
(a) The commission may accredit an environmental testing laboratory that complies with the commission requirements established under this subchapter. (b) The commission by rule may ...
- Texas Water Code Section 5.805 - Rules; Minimum Standards
The commission shall adopt rules to implement this subchapter and minimum performance and quality assurance standards for accreditation of an environmental testing laboratory. Added by ...
- Texas Water Code Section 5.806 - Discipline
After notice and an opportunity for hearing, the commission may suspend or revoke the accreditation of an environmental testing laboratory that does not comply with ...
- Texas Water Code Section 5.807 - Environmental Testing Laboratory Accreditation Account
All fees collected under this subchapter shall be deposited to the credit of the environmental testing laboratory accreditation account and may be appropriated to the ...
- Texas Water Code Section 6.001 - Definitions
In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Executive administrator" means the executive administrator of the board. (3) "Commission" means the ...
- Texas Water Code Section 6.002 - Scope Of Chapter
The powers and duties enumerated in this chapter are the general powers and duties of the board and those incidental to the conduct of its ...
- Texas Water Code Section 6.011 - Board As Agency Of State
The board is the state agency primarily responsible for water planning and for administering water financing for the state. Added by Acts 1985, 69th Leg., ...
- Texas Water Code Section 6.012 - General Duties And Responsibilities
(a) The board has general jurisdiction over: (1) the development of a statewide water plan; (2) the administration of the state's various water assistance and ...
- Texas Water Code Section 6.013 - Sunset Provision
The Texas Water Development Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The ...
- Texas Water Code Section 6.014 - Construction Of Title
This title shall be liberally construed to allow the board and the executive administrator to carry out their powers and duties in an efficient and ...
- Texas Water Code Section 6.051 - State Agency
The Texas Water Development Board is an agency of the state. Added by Acts 1985, 69th Leg., ch. 795, § 1.002, eff. Sept. 1, 1985. ...
- Texas Water Code Section 6.052 - Members Of The Board; Appointment
(a) The board is composed of six members who are appointed by the governor with the advice and consent of the senate. (b) The governor ...
- Texas Water Code Section 6.053 - Eligibility For Membership
(a) Members of the board must be members of the general public. (b) A person is not eligible for appointment to the board if the ...
- Texas Water Code Section 6.054 - Removal Of Board Members
(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications ...
- Texas Water Code Section 6.055 - Officers Of State; Oath
Each member of the board is an officer of the state as that term is used in the constitution, and each member shall qualify by ...
- Texas Water Code Section 6.056 - Terms Of Office
The members of the board hold office for staggered terms of six years, with the terms of two members expiring every two years. Each member ...
- Texas Water Code Section 6.057 - Conflict Of Interest
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
- Texas Water Code Section 6.058 - Lobbyist Prohibition
A person may not be a member of the board or act as the general counsel to the board if the person is required to ...
- Texas Water Code Section 6.059 - Board Officers
(a) The governor shall designate one member as chairman of the board to serve at the will of the governor. (b) The members of the ...
- Texas Water Code Section 6.060 - Board Meetings
(a) The board shall meet at least once every other month on a day and at a place within the state selected by it, subject ...
- Texas Water Code Section 6.061 - Compensation; Expenses
A member is entitled to receive an amount as provided by the General Appropriations Act for each day he serves in the performance of his ...
- Texas Water Code Section 6.062 - Required Training For Board Members
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ...
- Texas Water Code Section 6.101 - Rules
(a) The board shall adopt rules necessary to carry out the powers and duties of the board provided by this code and other laws of ...
- Texas Water Code Section 6.1011 - Budget Approval
The board shall examine and approve budget recommendations for the board that are to be transmitted to the legislature. Added by Acts 1985, 69th Leg., ...
- Texas Water Code Section 6.102 - Advisory Councils
The board may create and consult with any advisory councils that the board considers appropriate to carry out its powers and duties. Added by Acts ...
- Texas Water Code Section 6.103 - Executive Administrator
The board shall appoint a person to be the executive administrator to serve at the will of the board. Added by Acts 1985, 69th Leg., ...
- Texas Water Code Section 6.104 - Memoranda Of Understanding
The board may enter into a memorandum of understanding with any other state agency and shall adopt by rule any memorandum of understanding between the ...
- Texas Water Code Section 6.105 - Public Testimony Policy
The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on ...
- Texas Water Code Section 6.106 - Standards Of Conduct
The executive administrator or the executive administrator's designee shall provide to members of the board and to agency employees, as often as is necessary, information ...
- Texas Water Code Section 6.107 - Power To Enter Land
Any member or employee of the board may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that ...
- Texas Water Code Section 6.108 - Power To Purchase Insurance
The board may purchase for its members, appointees, and employees and pay premiums on liability insurance in any amounts and from any insurers the board ...
- Texas Water Code Section 6.109 - Liability
Pursuant to the limited waiver of governmental immunity of Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims Act), neither a member of the ...
- Texas Water Code Section 6.111 - Separation Of Responsibilities
The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive administrator and ...
- Texas Water Code Section 6.112 - Border Projects Website
(a) In this section, "border region" means the portion of this state located within 100 kilometers of this state's international border. (b) The board may ...
- Texas Water Code Section 6.151 - Audit
The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, ...
- Texas Water Code Section 6.152 - Public Information Relating To Board
The board shall prepare information of public interest describing the functions of the board and describing the board's procedures by which complaints are filed with ...
- Texas Water Code Section 6.153 - Documents, Etc., State Property; Open For Inspection
Text of section effective until delegation of NPDES permit authority All information, documents, and data collected by the board in the performance of its ...
- Texas Water Code Section 6.153 - Copies Of Documents, Proceedings, Etc.
Text of section effective upon delegation of NPDES permit authority (a) Except as otherwise specifically provided in this code and subject to the specific ...
- Texas Water Code Section 6.154 - Complaint File
(a) The board shall maintain a file on each written complaint filed with the board. The file must include: (1) the name of the person ...
- Texas Water Code Section 6.155 - Notice Of Complaint
The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject ...
- Texas Water Code Section 6.1555 - Referral For Investigation Or Enforcement Action
(a) The board, as the result of a complaint filed with the board or on the board's own motion, may refer an applicant for or ...
- Texas Water Code Section 6.156 - Reports To Governor
(a) The board shall make biennial reports in writing to the governor and the members of the legislature. Each report shall include a statement of ...
- Texas Water Code Section 6.1565 - Report To Secretary Of State
(a) In this section, "colonia" means a geographic area that: (1) is an economically distressed area as defined by Section 17.921; and (2) is located ...
- Texas Water Code Section 6.157 - Seal
The board shall have a seal bearing the words "Texas Water Development Board" encircling the oak and olive branches common to other official seals. Added ...
- Texas Water Code Section 6.181 - General Responsibilities
The executive administrator shall manage the administrative affairs of the board subject to this code and other laws and under the general supervision and direction ...
- Texas Water Code Section 6.183 - Employment Of Personnel
The executive administrator shall employ necessary personnel for the board. The executive administrator may delegate powers and duties to deputy executive administrators. Added by Acts ...
- Texas Water Code Section 6.184 - Administrative Organization
The executive administrator, with the approval of the board, may organize and reorganize the administrative sections and divisions of the board in a form and ...
- Texas Water Code Section 6.185 - Information Request To Commission
(a) With regard to any matter pending before the board, the executive administrator may obtain from the commission information relating to that matter. (b) On ...
- Texas Water Code Section 6.186 - Career Ladder Program
The executive administrator or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry ...
- Texas Water Code Section 6.187 - Merit Pay
The executive administrator or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for board employees ...
- Texas Water Code Section 6.188 - Equal Employment Opportunity Policy
(a) The executive administrator or the executive administrator's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
- Texas Water Code Section 6.189 - Appearances At Hearings
The position of and information developed by the board may be presented by the executive administrator or his designated representative at hearings of the board ...
- Texas Water Code Section 6.190 - Contracts
(a) The executive administrator, on behalf of the board, may negotiate with and, with the consent of the board, may enter into contracts with the ...
- Texas Water Code Section 6.191 - Travel Expenses
The executive administrator is entitled to receive actual and necessary travel expenses. Other employees of the board are entitled to receive travel expenses as provided ...
- Texas Water Code Section 6.192 - Gifts And Grants
The executive administrator may apply for, request, solicit, contract for, receive, and accept money and other assistance from any source to carry out the powers ...
- Texas Water Code Section 6.193 - Employee Moving Expenses
If provided by legislative appropriation, the board may pay the costs of transporting and delivering household goods and effects of employees transferred by the executive ...
- Texas Water Code Section 6.194 - Applications And Other Documents
(a) An application, petition, or other document requiring action of the board shall be presented to the executive administrator and handled as provided by this ...
- Texas Water Code Section 6.195 - Notice Of Application
(a) At the time an application requiring action of the board is filed and is administratively complete, the board shall give notice of the application ...
- Texas Water Code Section 6.196 - Training On State Employee Incentive Program
The executive administrator or the executive administrator's designee shall provide to agency employees information and training on the benefits and methods of participation in the ...
- Texas Water Code Section 6.241 - Judicial Review Of Acts
(a) A person affected by a ruling, order, decision, or other act of the board may file a petition to review, set aside, modify, or ...
- Texas Water Code Section 6.242 - Remedy For Board Or Executive Administrator Inaction
A person affected by the failure of the board or the executive administrator to act in a reasonable time on an application or to perform ...
- Texas Water Code Section 6.243 - Diligent Prosecution Of Suit
The plaintiff shall prosecute with reasonable diligence any suit brought under Section 6.241 or 6.242 of this code. If the plaintiff does not secure proper ...
- Texas Water Code Section 6.244 - Venue
A suit instituted under Section 6.241 or 6.242 of this code must be brought in a district court in Travis County. Added by Acts 1985, ...
- Texas Water Code Section 6.245 - Appeal Of District Court Judgment
A judgment or order of a district court in a suit brought for or against the board or the executive administrator is appealable as are ...
- Texas Water Code Section 6.246 - Appeal By Executive Administrator Precluded
A ruling, order, decision, or other act of the board may not be appealed by the executive administrator. Added by Acts 1985, 69th Leg., ch. ...
- Texas Water Code Section 6.247 - Law Suits; Citation
Law suits filed by and against the board or the executive administrator shall be in the name of the board. In suits against the board ...
- Texas Water Code Section 7.001 - Definitions
In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Permit" includes a license, certificate, registration, approval, or other form of authorization. ...
- Texas Water Code Section 7.002 - Enforcement Authority
The commission may initiate an action under this chapter to enforce provisions of this code and the Health and Safety Code within the commission's jurisdiction ...
- Texas Water Code Section 7.0025 - Initiation Of Enforcement Action Using Information Provided By Private Individual
(a) The commission may initiate an enforcement action on a matter under its jurisdiction under this code or the Health and Safety Code based on ...
- Texas Water Code Section 7.0026 - Suspension Of Enforcement Action Against Certain Regional Water, Sewer, Or Solid Waste Services
If a water supply, sewer, wastewater treatment, or solid waste disposal service operated by or for a municipality or county is being integrated into a ...
- Texas Water Code Section 7.003 - Enforcement Report
(a) The commission shall report at least once each month on enforcement actions taken by the commission or others and the resolution of those actions. ...
- Texas Water Code Section 7.004 - Remedies Cumulative
The remedies under this chapter are cumulative of all other remedies. Nothing in this chapter affects the right of a private corporation or individual to ...
- Texas Water Code Section 7.005 - Effect On Other Law
This chapter does not exempt a person from complying with or being subject to other law. Added by Acts 1997, 75th Leg., ch. 1072, § ...
- Texas Water Code Section 7.031 - Corrective Action Relating To Hazardous Waste
(a) The commission shall require corrective action for a release of hazardous waste or hazardous waste constituents from a solid waste management unit at a ...
- Texas Water Code Section 7.032 - Injunctive Relief
(a) The executive director may enforce a commission rule or a provision of a permit issued by the commission by injunction or other appropriate remedy. ...
- Texas Water Code Section 7.033 - Recovery Of Security For Chapter 401, Health And Safety Code, Violation
The commission shall seek reimbursement, either by a commission order or by a suit filed under Subchapter D by the attorney general at the commission's ...
- Texas Water Code Section 7.051 - Administrative Penalty
(a) The commission may assess an administrative penalty against a person as provided by this subchapter if: (1) the person violates: (A) a provision of ...
- Texas Water Code Section 7.052 - Maximum Penalty
(a) The amount of the penalty for a violation of Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety Code, or ...
- Texas Water Code Section 7.0525 - Penalties For Violations Related To Certain Dry Cleaning Facilities
(a) Except as provided by Subsection (b), the amount of the penalty for a violation of Section 374.252, Health and Safety Code, may not exceed ...
- Texas Water Code Section 7.053 - Factors To Be Considered In Determination Of Penalty Amount
In determining the amount of an administrative penalty, the commission shall consider: (1) the nature, circumstances, extent, duration, and gravity of the prohibited act, with ...
- Texas Water Code Section 7.054 - Report Of Violation
If, after examination of a possible violation and the facts surrounding that possible violation, the executive director concludes that a violation has occurred, the executive ...
- Texas Water Code Section 7.055 - Notice Of Report
Not later than the 10th day after the date on which the report of a violation is issued, the executive director shall give written notice ...
- Texas Water Code Section 7.056 - Consent
Not later than the 20th day after the date on which notice is received, the person charged may give to the commission written consent to ...
- Texas Water Code Section 7.057 - Default
If the person charged with the violation consents to the penalty recommended by the executive director or does not timely respond to the notice, the ...
- Texas Water Code Section 7.058 - Hearing
If the person charged requests or the commission orders a hearing, the commission shall order and shall give notice of the hearing. The commission by ...
- Texas Water Code Section 7.059 - Notice Of Decision
The commission shall give notice of its decision to the person charged. If the commission finds that a violation has occurred and assesses a penalty, ...
- Texas Water Code Section 7.060 - Notice Of Penalty
If the commission is required to give notice of a penalty under Section 7.057 or 7.059, the commission shall publish notice of its decision in ...
- Texas Water Code Section 7.061 - Payment Of Penalty; Petition For Review
Within the 30-day period immediately following the date on which the commission's order is final, as provided by Section 2001.144, Government Code, the person charged ...
- Texas Water Code Section 7.062 - Stays
Within the 30-day period described by Section 7.061, a person who acts under Section 7.061(3) may: (1) stay enforcement of the penalty by: (A) paying ...
- Texas Water Code Section 7.063 - Consent To Affidavit
If the executive director receives a copy of an affidavit under Section 7.062(2), the executive director may file with the court, within five days after ...
- Texas Water Code Section 7.064 - Judicial Review
Judicial review of the order or decision of the commission assessing the penalty is under Subchapter G, Chapter 2001, Government Code. Added by Acts 1997, ...
- Texas Water Code Section 7.065 - Penalty Reduced Or Not Assessed
(a) If the person paid the penalty and if the penalty is reduced or not assessed by the court, the executive director shall remit to ...
- Texas Water Code Section 7.066 - Referral To Attorney General
A person who does not comply with Section 7.061 waives the right to judicial review, and the commission or the executive director may refer the ...
- Texas Water Code Section 7.067 - Supplemental Environmental Projects
(a) The commission may compromise, modify, or remit, with or without conditions, an administrative penalty imposed under this subchapter. In determining the appropriate amount of ...
- Texas Water Code Section 7.068 - Full And Complete Satisfaction
Payment of an administrative penalty under this subchapter is full and complete satisfaction of the violation for which the penalty is assessed and precludes any ...
- Texas Water Code Section 7.069 - Disposition Of Penalty
A penalty collected under this subchapter shall be deposited to the credit of the general revenue fund. Added by Acts 1997, 75th Leg., ch. 1072, ...
- Texas Water Code Section 7.070 - Findings Of Fact Not Required; Reservations
Notwithstanding any other provision to the contrary, the commission is not required to make findings of fact or conclusions of law other than an uncontested ...
- Texas Water Code Section 7.071 - Inadmissibility
An agreed administrative order issued by the commission under this subchapter is not admissible against a party to that order in a civil proceeding unless ...
- Texas Water Code Section 7.072 - Recovery Of Penalty
An administrative penalty owed under this subchapter may be recovered in a civil action brought by the attorney general at the request of the commission. ...
- Texas Water Code Section 7.073 - Corrective Action
If a person violates any statute or rule within the commission's jurisdiction, the commission may: (1) assess against the person an administrative penalty under this ...
- Texas Water Code Section 7.074 - Hearing Powers
The commission may exercise under this subchapter the hearing powers authorized by Section 26.020. Added by Acts 1997, 75th Leg., ch. 1072, § 2, eff. ...
- Texas Water Code Section 7.075 - Public Comment
(a) Before the commission approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under this subchapter to which the commission ...
- Texas Water Code Section 7.101 - Violation
A person may not cause, suffer, allow, or permit a violation of a statute within the commission's jurisdiction or a rule adopted or an order ...
- Texas Water Code Section 7.102 - Maximum Penalty
A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to Chapter 37 of this code, Chapter ...
- Texas Water Code Section 7.103 - Continuing Violations
If it is shown on a trial of a defendant that the defendant has previously been assessed a civil penalty for a violation of a ...
- Texas Water Code Section 7.104 - No Penalty For Failure To Pay Certain Fees
A civil penalty may not be assessed for failure to: (1) pay a fee under Section 371.062, Health and Safety Code; or (2) file a ...
- Texas Water Code Section 7.105 - Civil Suit
(a) On the request of the executive director or the commission, the attorney general shall institute a suit in the name of the state for ...
- Texas Water Code Section 7.106 - Resolution Through Administrative Order
The attorney general's office and the executive director may agree to resolve any violation, before or after referral, by an administrative order issued under Subchapter ...
- Texas Water Code Section 7.107 - Division Of Civil Penalty
Except in a suit brought for a violation of Chapter 28 of this code or of Chapter 401, Health and Safety Code, a civil penalty ...
- Texas Water Code Section 7.108 - Attorney's Fees
If the state prevails in a suit under this subchapter it may recover reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation ...
- Texas Water Code Section 7.109 - Parks And Wildlife Department Jurisdiction
(a) If it appears that a violation or a threat of violation of Section 26.121 or a rule, permit, or order of the commission has ...
- Texas Water Code Section 7.110 - Comments
(a) Before the commission approves an agreed final judgment, consent order, voluntary settlement agreement, or other voluntary settlement agreement, or other voluntary agreement that would ...
- Texas Water Code Section 7.111 - Recovery Of Security For Chapter 401, Health And Safety Code, Violation
On request by the commission, the attorney general shall file suit to recover security under Section 7.033. Added by Acts 1997, 75th Leg., ch. 1072, ...
- Texas Water Code Section 7.141 - Definitions
In this subchapter: (1) "Appropriate regulatory agency" means the commission, the Texas Department of Health, or any other agency authorized to regulate the handling and ...
- Texas Water Code Section 7.142 - Violations Relating To Unlawful Use Of State Water
(a) A person commits an offense if the person violates: (1) Section 11.081; (2) Section 11.083; (3) Section 11.084; (4) Section 11.087; (5) Section 11.088; ...
- Texas Water Code Section 7.143 - Violation Of Minimum State Standards Or Model Political Subdivision Rules
(a) A person commits an offense if the person knowingly or intentionally violates a rule adopted under Subchapter J, Chapter 16. (b) An offense under ...
- Texas Water Code Section 7.145 - Intentional Or Knowing Unauthorized Discharge
(a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, discharges or allows the discharge of ...
- Texas Water Code Section 7.147 - Unauthorized Discharge
(a) A person commits an offense if the person discharges or allows the discharge of any waste or pollutant into any water in the state ...
- Texas Water Code Section 7.148 - Failure To Properly Use Pollution Control Measures
(a) A person commits an offense if the person intentionally or knowingly tampers with, modifies, disables, or fails to use pollution control or monitoring devices, ...
- Texas Water Code Section 7.149 - False Statement
(a) A person commits an offense if the person intentionally or knowingly makes or causes to be made a false material statement, representation, or certification ...
- Texas Water Code Section 7.150 - Failure To Notify Or Report
(a) A person commits an offense if the person intentionally or knowingly fails to notify or report to the commission as required under Chapter 26 ...
- Texas Water Code Section 7.151 - Failure To Pay Fee
(a) A person commits an offense if the person intentionally or knowingly fails to pay a fee required by Chapter 26 or by a rule ...
- Texas Water Code Section 7.152 - Intentional Or Knowing Unauthorized Discharge And Knowing Endangerment
(a) A person commits an offense if the person, acting intentionally or knowingly, discharges or allows the discharge of a waste or pollutant into or ...
- Texas Water Code Section 7.153 - Intentional Or Knowing Unauthorized Discharge And Endangerment
(a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, discharges or allows the discharge of ...
- Texas Water Code Section 7.154 - Reckless Unauthorized Discharge And Endangerment
(a) A person commits an offense if the person, acting recklessly with respect to the person's conduct, discharges or allows the discharge of a waste ...
- Texas Water Code Section 7.155 - Violation Relating To Discharge Or Spill
(a) A person commits an offense if the person: (1) operates, is in charge of, or is responsible for a facility or vessel that causes ...
- Texas Water Code Section 7.156 - Violation Relating To Underground Storage Tank
(a) A person or business entity commits an offense if: (1) the person or business entity engages in the installation, repair, or removal of an ...
- Texas Water Code Section 7.1565 - Presumption
If in the exercise of good faith a person depositing or causing to be deposited a regulated substance into an underground storage tank regulated under ...
- Texas Water Code Section 7.157 - Violation Relating To Injection Wells
(a) A person commits an offense if the person knowingly or intentionally violates Chapter 27 or a rule adopted or an order or a permit ...
- Texas Water Code Section 7.158 - Violation Relating To Plugging Wells
(a) A person commits an offense if the person is the owner of a well that is required to be cased or plugged by Chapter ...
- Texas Water Code Section 7.159 - Violation Relating To Water Wells Or Drilled Or Mined Shafts
(a) A person commits an offense if the person knowingly or intentionally violates Chapter 28 or a commission rule adopted or an order or a ...
- Texas Water Code Section 7.160 - Violation Relating To Certain Subsurface Excavations
(a) A person commits an offense if the person knowingly or intentionally violates Chapter 31 or a commission rule adopted or an order or a ...
- Texas Water Code Section 7.161 - Violation Relating To Solid Waste In Enclosed Containers Or Vehicles
(a) An operator of a solid waste facility or a solid waste hauler commits an offense if the operator or hauler disposes of solid waste ...
- Texas Water Code Section 7.162 - Violations Relating To Hazardous Waste
(a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct: (1) transports, or causes or allows ...
- Texas Water Code Section 7.163 - Violations Relating To Hazardous Waste And Endangerment
(a) A person commits an offense if: (1) acting intentionally or knowingly, the person transports, processes, stores, exports, or disposes of, or causes to be ...
- Texas Water Code Section 7.164 - Violations Relating To Medical Waste: Large Generator
(a) A person commits an offense if the person is a large quantity generator and the person, acting intentionally or knowingly with respect to the ...
- Texas Water Code Section 7.165 - Violations Relating To Medical Waste: Small Generator
(a) A person commits an offense if the person is a small quantity generator and the person, acting intentionally or knowingly with respect to the ...
- Texas Water Code Section 7.166 - Violations Relating To Transportation Of Medical Waste
(a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct: (1) transports, or causes or allows ...
- Texas Water Code Section 7.167 - False Statements Relating To Medical Waste
(a) A person commits an offense if the person knowingly: (1) makes a false material statement, or knowingly causes or knowingly allows to be made ...
- Texas Water Code Section 7.168 - Intentional Or Knowing Violation Relating To Medical Waste And Knowing Endangerment
(a) A person commits an offense if the person, acting intentionally or knowingly, transports, processes, stores, exports, or disposes of, or causes to be transported, ...
- Texas Water Code Section 7.169 - Intentional Or Knowing Violation Relating To Medical Waste And Endangerment
(a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, transports, processes, stores, exports, or disposes ...
- Texas Water Code Section 7.170 - Intentional Or Knowing Release Of Medical Waste Into Environment And Endangerment
(a) A person commits an offense if the person, acting intentionally or knowingly with respect to the person's conduct, releases or causes or allows the ...
- Texas Water Code Section 7.171 - Reckless Release Of Medical Waste Into Environment And Endangerment
(a) A person commits an offense if the person, acting recklessly with respect to a person's conduct, releases or causes or allows the release of ...
- Texas Water Code Section 7.172 - Failure Of Sewage System Installer To Register
(a) A person commits an offense if the person violates Section 366.071, Health and Safety Code. (b) Except as provided by this subsection, an offense ...
- Texas Water Code Section 7.173 - Violation Relating To Sewage Disposal
(a) A person commits an offense if the person violates a rule adopted by the commission under Chapter 366, Health and Safety Code, or an ...
- Texas Water Code Section 7.1735 - Violation Relating To Maintenance Of Sewage Disposal System
(a) A person commits an offense if the person knowingly violates an order or resolution adopted by an authorized agent under Section 366.0515, Health and ...
- Texas Water Code Section 7.174 - Violation Of Sewage Disposal System Permit Provision
(a) A person commits an offense if the person begins to construct, alter, repair, or extend an on-site sewage disposal system owned by another person ...
- Texas Water Code Section 7.175 - Emergency Repair Not An Offense
An emergency repair to an on-site sewage disposal system without a permit in accordance with the rules adopted under Section 366.012(a)(1)(C), Health and Safety Code, ...
- Texas Water Code Section 7.176 - Violations Relating To Handling Of Used Oil
(a) A person commits an offense if the person: (1) intentionally discharges used oil into: (A) a sewer or septic tank; or (B) a drainage ...
- Texas Water Code Section 7.177 - Violations Of Clean Air Act
(a) A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, violates: (1) Section 382.0518(a), Health and Safety ...
- Texas Water Code Section 7.178 - Failure To Pay Fees Under Clean Air Act
(a) A person commits an offense if the person intentionally or knowingly does not pay a fee required by Chapter 382, Health and Safety Code, ...
- Texas Water Code Section 7.179 - False Representations Under Clean Air Act
(a) A person commits an offense if the person intentionally or knowingly makes or causes to be made a false material statement, representation, or certification ...
- Texas Water Code Section 7.180 - Failure To Notify Under Clean Air Act
(a) A person commits an offense if the person intentionally or knowingly does not notify or report to the commission as required by Chapter 382, ...
- Texas Water Code Section 7.181 - Improper Use Of Monitoring Device
(a) A person commits an offense if the person intentionally or knowingly tampers with, modifies, disables, or fails to use a required monitoring device; tampers ...
- Texas Water Code Section 7.182 - Reckless Emission Of Air Contaminant And Endangerment
(a) A person commits an offense if the person recklessly, with respect to the person's conduct, emits an air contaminant that places another person in ...
- Texas Water Code Section 7.183 - Intentional Or Knowing Emission Of Air Contaminant And Knowing Endangerment
(a) A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, emits an air contaminant with the knowledge ...
- Texas Water Code Section 7.184 - Violations Relating To Low-Level Radioactive Waste
(a) A person commits an offense if the person: (1) intentionally or knowingly violates a provision of Chapter 401, Health and Safety Code, other than ...
- Texas Water Code Section 7.185 - Knowing Or Intentional Unauthorized Disposal Of Lead-Acid Batteries
(a) A person commits an offense if the person knowingly or intentionally disposes of a lead-acid battery other than as provided by Section 361.451, Health ...
- Texas Water Code Section 7.186 - Separate Offenses
Each day a person engages in conduct proscribed by this subchapter constitutes a separate offense. Added by Acts 1997, 75th Leg., ch. 1072, § 2, ...
- Texas Water Code Section 7.187 - Penalties
A person convicted of an offense under this subchapter is punishable by: (1) a fine, as imposed under the section creating the offense, of: (A) ...
- Texas Water Code Section 7.188 - Repeat Offenses
If it is shown at the trial of the defendant that the defendant has previously been convicted of the same offense under this subchapter, the ...
- Texas Water Code Section 7.189 - Venue
Venue for prosecution of an alleged violation under this subchapter is in: (1) the county in which the violation is alleged to have occurred; (2) ...
- Texas Water Code Section 7.190 - Disposition Of Fines
A fine recovered through a prosecution brought under this subchapter shall be divided equally between the state and any local government significantly involved in prosecuting ...
- Texas Water Code Section 7.191 - Notice Of Conviction
In addition to a sentence that may be imposed under this subchapter, a person other than an individual that has been adjudged guilty of an ...
- Texas Water Code Section 7.192 - Judgment Of Conviction
On conviction under this subchapter, the clerk of the court in which the conviction is returned shall send a copy of the judgment to the ...
- Texas Water Code Section 7.193 - Peace Officers
For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are peace officers. Those agents and employees are empowered ...
- Texas Water Code Section 7.194 - Allegations
In alleging the name of a defendant private corporation, it is sufficient to state in the complaint, indictment, or information the corporate name or to ...
- Texas Water Code Section 7.195 - Summons And Arrest
(a) After a complaint is filed or an indictment or information presented against a private corporation under this subchapter, the court or clerk shall issue ...
- Texas Water Code Section 7.196 - Service Of Summons
(a) A peace officer shall serve a summons on a private corporation by personally delivering a copy of it to the corporation's registered agent for ...
- Texas Water Code Section 7.197 - Arraignment And Pleadings
In any criminal action instituted against a private corporation under this subchapter: (1) appearance is for the purpose of arraignment; and (2) the corporation has ...
- Texas Water Code Section 7.198 - Appearance
(a) A defendant private corporation appears through counsel or its representative. (b) If a private corporation does not appear in response to summons or appears ...
- Texas Water Code Section 7.199 - Fine Treated As Judgment In Civil Action
If a person other than an individual is found guilty of a violation of this subchapter and a fine is imposed, the fine shall be ...
- Texas Water Code Section 7.200 - Effect On Certain Other Laws
Conduct punishable as an offense under this subchapter that is also punishable under another law may be prosecuted under either law. Added by Acts 1997, ...
- Texas Water Code Section 7.201 - Defense Excluded
It is not a defense to prosecution under this subchapter that the person did not know of or was not aware of a rule, order, ...
- Texas Water Code Section 7.202 - Proof Of Knowledge
In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury ...
- Texas Water Code Section 7.203 - Criminal Enforcement Review
(a) This section is applicable to criminal prosecution of alleged environmental violations of this code, of the Health and Safety Code, or of any other ...
- Texas Water Code Section 7.251 - Act Of God
If a person can establish that an event that would otherwise be a violation of a statute within the commission's jurisdiction or a rule adopted ...
- Texas Water Code Section 7.252 - Defenses To Endangerment Offenses
It is an affirmative defense to prosecution under Section 7.152, 7.153, 7.154, 7.163, 7.168, 7.169, 7.170, 7.171, 7.182, or 7.183 that: (1) the conduct charged ...
- Texas Water Code Section 7.253 - Defenses Available To Person Responsible For Solid Waste Violations
(a) For purposes of an enforcement action initiated under this chapter, a person responsible for solid waste under Section 361.271, Health and Safety Code, is ...
- Texas Water Code Section 7.254 - Defense To Used Oil Offenses
It is an affirmative defense to prosecution under Section 7.176 that the person unknowingly disposed of used oil into the environment because the used oil ...
- Texas Water Code Section 7.255 - Defense Excluded
Unless otherwise provided by this chapter, the fact that a person holds a permit issued by the commission does not relieve that person from liability ...
- Texas Water Code Section 7.301 - Definition
In this subchapter: (1) "License," "certificate," "registration," and "exemption" have the meanings assigned by commission rule. (2) "Permit holder" or "holder of a permit" includes ...
- Texas Water Code Section 7.302 - Grounds For Revocation Or Suspension Of Permit
(a) This section applies to a permit or exemption issued by the commission under: (1) Chapter 26, 27, 28, or 31 of this code; (2) ...
- Texas Water Code Section 7.303 - Grounds For Revocation Or Suspension Of License, Certificate, Or Registration
(a) This section applies to a license, certificate, or registration issued: (1) by the commission under: (A) Section 26.0301; (B) Chapter 37; (C) Section 361.0861, ...
- Texas Water Code Section 7.304 - Suspension Of Registration Or Reimbursement Payment Issued Under Waste Tire Recycling Program
Notwithstanding Sections 7.303, 7.305, and 7.306, the commission may suspend a registration of or reimbursement payment to a waste tire processor, waste tire transporter, waste ...
- Texas Water Code Section 7.305 - Procedures
The commission by rule shall establish procedures for public notice and any public hearing under this subchapter. The procedures shall provide for notice to a ...
- Texas Water Code Section 7.306 - Hearings
A hearing under this subchapter shall be conducted in accordance with the hearing rules adopted by the commission and the applicable provisions of Chapter 2001, ...
- Texas Water Code Section 7.307 - Consent
If the holder of a permit, license, certificate, or registration requests or consents to the revocation or suspension of the permit, license, certificate, or registration, ...
- Texas Water Code Section 7.308 - Other Relief
A proceeding brought by the commission under this subchapter does not affect the commission's authority to bring suit for injunctive relief or penalty or both ...
- Texas Water Code Section 7.309 - Probation Requirements
If a license, certificate, or registration suspension is probated, the commission may require the holder of the license, certificate, or registration: (1) to report regularly ...
- Texas Water Code Section 7.310 - Revocation Or Suspension By County
With respect to a license, certificate, or registration issued by a county under a statute or rule within the commission's jurisdiction, the issuing county may ...
- Texas Water Code Section 7.351 - Civil Suits
(a) If it appears that a violation or threat of violation of Chapter 16, 26, or 28 of this code, Chapter 361, 371, 372, or ...
- Texas Water Code Section 7.352 - Resolution Required
In the case of a violation of Chapter 26 of this code or Chapter 382, Health and Safety Code, a local government may not exercise ...
- Texas Water Code Section 7.353 - Commission Necessary Party
In a suit brought by a local government under this subchapter, the commission is a necessary and indispensable party. Added by Acts 1997, 75th Leg., ...
- Texas Water Code Section 7.354 - Costs And Fees
A penalty collected in a suit under this subchapter for a violation of Chapter 28 of this code or Chapter 401, Health and Safety Code, ...
- Texas Water Code Section 7.355 - Complaints
In the case of a violation of Chapter 401, Health and Safety Code, a local government or person affected may file with the commission a ...
- Texas Water Code Section 7.356 - Commission Reply
The commission shall reply to the local government or person affected who filed a complaint under Section 7.355 in writing not later than the 60th ...
- Texas Water Code Section 7.357 - Prosecution
A local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter ...
- Texas Water Code Section 7.358 - Other Requirements
In the case of a violation of Chapter 1903, Occupations Code, the regulatory authority of any local government may require compliance with any reasonable inspection ...
- Texas Water Code Section 8.001 - Definitions
In this chapter: (1) "Commission" means the Multi-State Water Resources Planning Commission. (2) "Commissioner" means a member of the commission. (3) "Board" means the Texas ...
- Texas Water Code Section 8.011 - Creation Of Commission
The Multi-State Water Resources Planning Commission is created as an agency of the state. Added by Acts 1985, 69th Leg., ch. 39, § 1, eff. ...
- Texas Water Code Section 8.013 - Members Of Commission; Appointment
(a) The commission is composed of seven commissioners who are appointed by the governor with the advice and consent of the senate. (b) The governor ...
- Texas Water Code Section 8.014 - Officers Of The State; Oath
Each commissioner is an officer of the state as that term is used in the constitution, and each commissioner shall qualify by taking the official ...
- Texas Water Code Section 8.015 - Terms Of Office
(a) Commissioners hold office for staggered terms of six years, with the terms of two or three commissioners expiring on February 1 of each odd-numbered ...
- Texas Water Code Section 8.016 - Chairman
The governor shall designate one commissioner as chairman of the commission to serve at the will of the governor. Added by Acts 1985, 69th Leg., ...
- Texas Water Code Section 8.017 - Commission Meetings
(a) The commission shall meet at least quarterly on a day and at a place within the state selected by it. (b) A meeting of ...
- Texas Water Code Section 8.018 - Compensation; Expenses
Each commissioner is entitled to receive the amount provided by the General Appropriations Act for his services together with travel and other necessary expenses as ...
- Texas Water Code Section 8.019 - Staff
The board shall provide necessary staff and support to the commission to assist the commission in carrying out this chapter. Added by Acts 1985, 69th ...
- Texas Water Code Section 8.020 - Special Representatives
In cooperating with or carrying out discussions with a particular state under Section 8.051 of this code or in negotiating with a particular state under ...
- Texas Water Code Section 8.051 - Interaction With Other States
(a) In cooperation with representatives of neighboring states, the commission shall study the water needs of the region after the year 2000. (b) The commission ...
- Texas Water Code Section 8.052 - Interaction With Mexico
The commission shall contract and confer with the government of Mexico concerning water needs and development of sources of water supply. Added by Acts 1985, ...
- Texas Water Code Section 8.053 - Studies
The commission shall request the board to prepare studies that consider utilization of only that floodwater that is determined to be in excess of the ...
- Texas Water Code Section 8.054 - Designating Water Deficient Areas
The commission shall designate areas of the state in which the present and future water supply is not sufficient to meet the future requirements of ...
- Texas Water Code Section 8.055 - Reports
The commission shall make recommendations to the governor and to the legislature relating to potential water source areas and the necessary methods to bring the ...
- Texas Water Code Section 8.056 - Compacts
The commission shall contact and negotiate with other states regarding the need for establishing interstate compacts, addressing groundwater problems, needs, and supplies, if an aquifer ...
- Texas Water Code Section 9.001 - Definitions
In this chapter: (1) "Authority" means an entity listed in Section 9.010(b). (2) "Board" means the governing body of an authority. (3) "Commission" means the ...
- Texas Water Code Section 9.002 - Creation And Membership
(a) The council is created to provide the governor, lieutenant governor, speaker of the house of representatives, and legislature with the resource of a select ...
- Texas Water Code Section 9.003 - Terms
(a) Public members serve staggered three-year terms. (b) Public members may be reappointed to serve additional terms. (c) Legislative members serve at the discretion of ...
- Texas Water Code Section 9.004 - Officers Of The Council
(a) The council shall elect a chair from among the legislative members of the council. The chair of the council shall serve a two-year term. ...
- Texas Water Code Section 9.005 - Council Staff
On request by the council, the senate and house standing committees with primary responsibility over water resource management, the commission, the Parks and Wildlife Department, ...
- Texas Water Code Section 9.006 - Meetings
(a) The council shall conduct public meetings at the discretion of the chair at least twice a year. Eight members constitute a quorum. (b) The ...
- Texas Water Code Section 9.007 - Compensation Of Members
(a) Members of the council serve without compensation but public members may be reimbursed by legislative appropriation for actual and necessary expenses related to the ...
- Texas Water Code Section 9.008 - Powers And Duties Of Council
(a) The governor, lieutenant governor, and speaker of the house of representatives may issue charges to the council on state water issues. The council shall ...
- Texas Water Code Section 9.009 - Report
(a) The council shall submit a report on its recommendations to the governor, lieutenant governor, and speaker of the house of representatives and to the ...
- Texas Water Code Section 9.013 - Gifts And Grants
The council may accept gifts and grants from any source to carry out the purposes of this chapter. The use of gifts and grants other ...
- Texas Water Code Section 9.014 - Funding
(a) The interagency water advisory account is a special account in the general revenue fund. (b) The interagency water advisory account consists of legislative appropriations, ...
- Texas Water Code Section 9.015 - Continuing Right Of Supervision
Nothing in this chapter affects the continuing right of supervision over authorities by the commission as provided by Section 12.081. Added by Acts 2001, 77th ...
- Texas Water Code Section 9.016 - Public Participation
The council shall encourage public participation at council meetings and public input regarding the council's purpose, the exercise of its powers and duties under Section ...
- Texas Water Code Section 11.001 - Vested Rights Not Affected
(a) Nothing in this code affects vested private rights to the use of water, except to the extent that provisions of Subchapter G of this ...
- Texas Water Code Section 11.002 - Definitions
In this chapter and in Chapter 12 of this code: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Board" means the Texas Water ...
- Texas Water Code Section 11.003 - Streams That Form Boundaries Included
This chapter applies to all streams or other sources of water supply lying upon or forming a part of the boundaries of this state. Amended ...
- Texas Water Code Section 11.004 - Commission To Receive Certified Copies Of Judgments, Etc
When any court of record renders a judgment, decree, or order affecting the title to any water right, claim, appropriation, or irrigation facility or affecting ...
- Texas Water Code Section 11.005 - Applicability To Works Under Federal Reclamation Act
This chapter applies to the construction, maintenance, and operation of irrigation works constructed in this state under the federal reclamation act, as amended (43 U.S.C. ...
- Texas Water Code Section 11.021 - State Water
(a) The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of ...
- Texas Water Code Section 11.022 - Acquisition Of Right To Use State Water
The right to the use of state water may be acquired by appropriation in the manner and for the purposes provided in this chapter. When ...
- Texas Water Code Section 11.023 - Purposes For Which Water May Be Appropriated
(a) State water may be appropriated, stored, or diverted for: (1) domestic and municipal uses, including water for sustaining human life and the life of ...
- Texas Water Code Section 11.0235 - Policy Regarding Waters Of The State
(a) The waters of the state are held in trust for the public, and the right to use state water may be appropriated only as ...
- Texas Water Code Section 11.024 - Appropriation: Preferences
In order to conserve and properly utilize state water, the public welfare requires not only recognition of beneficial uses but also a constructive public policy ...
- Texas Water Code Section 11.025 - Scope Of Appropriative Right
A right to use state water under a permit or a certified filing is limited not only to the amount specifically appropriated but also to ...
- Texas Water Code Section 11.026 - Perfection Of An Appropriation
No right to appropriate water is perfected unless the water has been beneficially used for a purpose stated in the original declaration of intention to ...
- Texas Water Code Section 11.027 - Rights Between Appropriators
As between appropriators, the first in time is the first in right. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. ...
- Texas Water Code Section 11.0275 - Fair Market Value
Whenever the law requires the payment of fair market value for a water right, fair market value shall be determined by the amount of money ...
- Texas Water Code Section 11.029 - Title To Appropriation By Limitation
When an appropriator from a source of water supply has used water under the terms of a certified filing or a permit for a period ...
- Texas Water Code Section 11.030 - Forfeiture Of Appropriation
If any lawful appropriation or use of state water is wilfully abandoned during any three successive years, the right to use the water is forfeited ...
- Texas Water Code Section 11.031 - Annual Report
(a) Not later than March 1 of each year, each person who has a water right issued by the commission or who impounded, diverted, or ...
- Texas Water Code Section 11.032 - Records
(a) A person who owns and operates a system of waterworks used for a purpose authorized by this code shall keep a detailed record of ...
- Texas Water Code Section 11.033 - Eminent Domain
The right to take water necessary for domestic and municipal supply purposes is primary and fundamental, and the right to recover from other uses water ...
- Texas Water Code Section 11.034 - Reservoir Site: Land And Rights-Of-Way
An appropriator who is authorized to construct a dam or reservoir is granted the right-of-way, not to exceed 100 feet wide, and the necessary area ...
- Texas Water Code Section 11.035 - Condemnation Of Private Property
(a) An appropriator may obtain rights-of-way over private land and may obtain the land necessary for pumping plants, intakes, headgates, and storage reservoirs by condemnation. ...
- Texas Water Code Section 11.036 - Conserved Or Stored Water: Supply Contract
(a) A person, association of persons, corporation, or water improvement or irrigation district having in possession and control any storm water, floodwater, or rainwater that ...
- Texas Water Code Section 11.037 - Water Suppliers: Rules And Regulations
(a) Every person, association of persons, corporation, or irrigation district conserving or supplying water for any of the purposes authorized by this chapter shall make ...
- Texas Water Code Section 11.038 - Rights Of Owners Of Land Adjoining Canal, Etc
(a) A person who owns or holds a possessory interest in land adjoining or contiguous to a canal, ditch, flume, lateral, dam, reservoir, or lake ...
- Texas Water Code Section 11.039 - Distribution Of Water During Shortage
(a) If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Natural Resource Conservation ...
- Texas Water Code Section 11.040 - Permanent Water Right
(a) A permanent water right is an easement and passes with the title to land. (b) A written instrument conveying a permanent water right may ...
- Texas Water Code Section 11.041 - Denial Of Water: Complaint
(a) Any person entitled to receive or use water from any canal, ditch, flume, lateral, dam, reservoir, or lake or from any conserved or stored ...
- Texas Water Code Section 11.042 - Delivering Water Down Banks And Beds
(a) Under rules prescribed by the commission, a person, association of persons, corporation, water control and improvement district, water improvement district, or irrigation district supplying ...
- Texas Water Code Section 11.043 - Recordation Of Conveyance Of Irrigation Work
(a) A conveyance of a ditch, canal, or reservoir or other irrigation work or an interest in such an irrigation work must be executed and ...
- Texas Water Code Section 11.044 - Roads And Highways
(a) An appropriator has the right to construct ditches, canals, or pipelines along or across all roads and highways necessary for the construction of waterworks. ...
- Texas Water Code Section 11.045 - Ditches And Canals
An appropriator is entitled to construct ditches and canals along or across any stream of water. Amended by Acts 1977, 65th Leg., p. 2207, ch. ...
- Texas Water Code Section 11.046 - Return Surplus Water
(a) A person who takes or diverts water from a watercourse or stream for the purposes authorized by this code shall conduct surplus water back ...
- Texas Water Code Section 11.047 - Failure To Fence
If a person, association of persons, corporation, or water improvement or irrigation district that owns or controls a ditch, canal, reservoir, dam, or lake does ...
- Texas Water Code Section 11.048 - Cost Of Maintaining Irrigation Ditch
(a) If an irrigation ditch is owned or used by two or more persons, mutual or cooperative companies, or corporations, each party who has an ...
- Texas Water Code Section 11.049 - Examination And Survey
A person may make any necessary examination and survey in order to select the most advantageous sites for a reservoir and rights-of-way to be used ...
- Texas Water Code Section 11.050 - Tidewater Gates, Etc
(a) An appropriator authorized to take water for irrigation, subject to the laws of the United States and the regulations made under its authority, may ...
- Texas Water Code Section 11.051 - Irrigation: Lien On Crops
(a) A person who constructs a ditch, canal, dam, lake, or reservoir for the purpose of irrigation and who leases, rents, furnishes, or supplies water ...
- Texas Water Code Section 11.052 - Activities Under The Federal Reclamation Act
The Secretary of the Interior of the United States is authorized to conduct any activities in this state necessary to perform his duties under the ...
- Texas Water Code Section 11.081 - Unlawful Use Of State Water
No person may wilfully take, divert, or appropriate any state water for any purpose without first complying with all applicable requirements of this chapter. Amended ...
- Texas Water Code Section 11.082 - Unlawful Use: Civil Penalty
(a) A person who wilfully takes, diverts, or appropriates state water without complying with the applicable requirements of this chapter is also liable to a ...
- Texas Water Code Section 11.083 - Other Unlawful Taking
(a) No person may wilfully open, close, change, or interfere with any headgate or water box without lawful authority. (b) No person may wilfully use ...
- Texas Water Code Section 11.084 - Sale Of Permanent Water Right Without A Permit
No person may sell or offer to sell a permanent water right unless he has perfected a right to appropriate state water by a certified ...
- Texas Water Code Section 11.0841 - Civil Remedy
(a) Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available ...
- Texas Water Code Section 11.0842 - Administrative Penalty
(a) If a person violates this chapter, a rule or order adopted under this chapter or Section 16.236 of this code, or a permit, certified ...
- Texas Water Code Section 11.0843 - Field Citation
(a) Upon witnessing a violation of this chapter or a rule or order or a water right issued under this chapter, a watermaster or the ...
- Texas Water Code Section 11.085 - Interbasin Transfers
(a) No person may take or divert any state water from a river basin in this state and transfer such water to any other river ...
- Texas Water Code Section 11.086 - Overflow Caused By Diversion Of Water
(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to ...
- Texas Water Code Section 11.087 - Diversion Of Water On International Stream
(a) When storm water or floodwater is released from a dam or reservoir on an international stream and the water is designated for use or ...
- Texas Water Code Section 11.0871 - Temporary Diversion Of Water On International Stream
(a) The commission may authorize, under conditions stated in an order, a watermaster to provide for the temporary diversion and use by holders of water ...
- Texas Water Code Section 11.088 - Destruction Of Waterworks
No person may wilfully cut, dig, break down, destroy, or injure or open a gate, bank, embankment, or side of any ditch, canal, reservoir, flume, ...
- Texas Water Code Section 11.089 - Johnson Grass Or Russian Thistle
(a) No person who owns, leases, or operates a ditch, canal, or reservoir or who cultivates land abutting a reservoir, ditch, flume, canal, wasteway, or ...
- Texas Water Code Section 11.090 - Polluting And Littering
No person may deposit in any canal, lateral, reservoir, or lake, used for a purpose named in this chapter, the carcass of any dead animal, ...
- Texas Water Code Section 11.091 - Interference With Delivery Of Water Under Contract
No person may wilfully take, divert, appropriate, or interfere with the delivery of conserved or stored water under Section 11.042 of this code. Amended by ...
- Texas Water Code Section 11.092 - Wasteful Use Of Water
A person who owns or has a possessory right to land contiguous to a canal or irrigation system and who acquires the right by contract ...
- Texas Water Code Section 11.093 - Abatement Of Waste As Public Nuisance
(a) A person who permits an unreasonable loss of water through faulty design or negligent operation of any waterworks using water for a purpose named ...
- Texas Water Code Section 11.094 - Penalty For Use Of Works Declared Public Nuisance
No person may operate or attempt to operate any waterworks or irrigation system or use any water under contract with any waterworks or irrigation system ...
- Texas Water Code Section 11.096 - Obstruction Of Navigable Streams
No person may obstruct the navigation of any stream which can be navigated by steamboats, keelboats, or flatboats by cutting and felling trees or by ...
- Texas Water Code Section 11.097 - Removal Of Obstructions From Navigable Streams
(a) On its own motion or on written request from a commissioners court, the commission shall investigate a reported natural obstruction in a navigable stream ...
- Texas Water Code Section 11.121 - Permit Required
Except as provided in Sections 11.142, 11.1421, and 11.1422 of this code, no person may appropriate any state water or begin construction of any work ...
- Texas Water Code Section 11.122 - Amendments To Water Rights Required
(a) All holders of permits, certified filings, and certificates of adjudication issued under Section 11.323 of this code shall obtain from the commission authority to ...
- Texas Water Code Section 11.123 - Permit Preferences
The commission shall give preference to applications in the order declared in Section 11.024 of this code and to applications which will effectuate the maximum ...
- Texas Water Code Section 11.124 - Application For Permit
(a) An application to appropriate unappropriated state water must: (1) be in writing and sworn to; (2) contain the name and post-office address of the ...
- Texas Water Code Section 11.125 - Map Or Plat
(a) The application must be accompanied by a map or plat drawn on tracing linen on a scale not less than one inch equals 2,000 ...
- Texas Water Code Section 11.126 - Commission Requirements
(a) If the proposed taking or diversion of water for irrigation exceeds nine cubic feet per second, the executive director may require additional information as ...
- Texas Water Code Section 11.127 - Additional Requirements: Drainage Plans
If the commission believes that the efficient operation of any existing or proposed irrigation system may be adversely affected by lack of adequate drainage facilities ...
- Texas Water Code Section 11.1271 - Additional Requirements: Water Conservation Plans
(a) The commission shall require from an applicant for a new or amended water right the formulation and submission of a water conservation plan and ...
- Texas Water Code Section 11.1272 - Additional Requirement: Drought Contingency Plans For Certain Applicants And Water Right Holders
(a) The commission shall by rule require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans consistent with the appropriate ...
- Texas Water Code Section 11.128 - Payment Of Fee
If the applicant is not exempted from payment of the filing fee under Section 12.112 of this code, he shall pay the filing fee prescribed ...
- Texas Water Code Section 11.129 - Review Of Application; Amendment
The commission shall determine whether the application, maps, and other materials comply with the requirements of this chapter and the rules of the commission. The ...
- Texas Water Code Section 11.130 - Recording Applications
(a) The executive director shall have all applications for appropriations recorded in a well-bound book kept for that purpose in the commission office. (b) The ...
- Texas Water Code Section 11.131 - Examination And Denial Of Application Without Hearing
(a) The commission shall make a preliminary examination of the application, and if it appears that there is no unappropriated water in the source of ...
- Texas Water Code Section 11.1311 - Approval Of Certain Applications Without Hearing
(a) If a permit for a reservoir project which is listed on the effective date of this section as a recommended project in the current ...
- Texas Water Code Section 11.132 - Notice
(a) Notice shall be given to the persons who in the judgment of the commission may be affected by an application, including those persons listed ...
- Texas Water Code Section 11.133 - Hearing
At the time and place stated in the notice, the commission shall hold a hearing on the application. Any person may appear at the hearing ...
- Texas Water Code Section 11.134 - Action On Application
(a) After the hearing, the commission shall make a written decision granting or denying the application. The application may be granted or denied in whole ...
- Texas Water Code Section 11.135 - Issuance Of Permit
(a) On approval of an application, the commission shall issue a permit to the applicant. The applicant's right to take and use water is limited ...
- Texas Water Code Section 11.1351 - Permit Restrictions
In granting an application, the commission may direct that stream flow restrictions and other conditions and restrictions be placed in the permit being issued to ...
- Texas Water Code Section 11.136 - Recording Of Permit
(a) The commission shall transmit the permit by registered mail to the county clerk of the county in which the appropriation is to be made. ...
- Texas Water Code Section 11.137 - Seasonal Permits
(a) The commission may issue seasonal permits in the same manner that it issues regular permits. The provisions of this chapter governing issuance of regular ...
- Texas Water Code Section 11.138 - Temporary Permits
(a) The commission may issue temporary permits for beneficial purposes to the extent that they do not interfere with or adversely affect prior appropriations or ...
- Texas Water Code Section 11.1381 - Term Permits
(a) Until a water right is perfected to the full extent provided by Section 11.026 of this code, the commission may issue permits for a ...
- Texas Water Code Section 11.139 - Emergency Authorizations
(a) Except as provided by Section 11.148 of this code, the commission may grant an emergency permit, order, or amendment to an existing permit, certified ...
- Texas Water Code Section 11.140 - Permits For Storage For Project Development
The commission may issue permits for storage solely for the purpose of optimum development of projects. The commission may convert these permits to permits for ...
- Texas Water Code Section 11.141 - Date Of Priority
When the commission issues a permit, the priority of the appropriation of water and the claimant's right to use the water date from the date ...
- Texas Water Code Section 11.142 - Permit Exemptions
(a) Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than ...
- Texas Water Code Section 11.1421 - Permit Exemption For Mariculture Activities
(a) In this section, "mariculture" means the propagation and rearing of aquatic species, including shrimp, other crustaceans, finfish, mollusks, and other similar creatures in a ...
- Texas Water Code Section 11.1422 - Permit Exemption For Historic Cemeteries
(a) Without obtaining a permit, a tax-exempt nonprofit corporation that owns a cemetery may divert from a river not more than 200 acre-feet of water ...
- Texas Water Code Section 11.143 - Use Of Water From Exempt Dam Or Reservoir For Nonexempt Purposes
(a) The owner of a dam or reservoir exempted under Section 11.142(a) or (b) who desires to use water from the dam or reservoir for ...
- Texas Water Code Section 11.144 - Approval For Alterations
All holders of permits and certified filings shall obtain the approval of the commission before making any alterations, enlargements, extensions, or other changes to any ...
- Texas Water Code Section 11.145 - When Construction Must Begin
(a) If a permit is for appropriation by direct diversion, construction of the proposed facilities shall begin within the time fixed by the commission, which ...
- Texas Water Code Section 11.146 - Forfeitures And Cancellation Of Permit For Inaction
(a) If a permittee fails to begin construction within the time specified in Section 11.145 of this code, he forfeits all rights to the permit, ...
- Texas Water Code Section 11.147 - Effects Of Permit On Bays And Estuaries And Instream Uses
(a) In this section, "beneficial inflows" means a salinity, nutrient, and sediment loading regime adequate to maintain an ecologically sound environment in the receiving bay ...
- Texas Water Code Section 11.148 - Emergency Suspension Of Permit Conditions
(a) Permit conditions relating to beneficial inflows to affected bays and estuaries and instream uses may be suspended by the commission if the commission finds ...
- Texas Water Code Section 11.1491 - Evaluation Of Bays And Estuaries Data
(a) The Parks and Wildlife Department and the commission shall have joint responsibility to review the studies prepared under Section 16.058 of this code, to ...
- Texas Water Code Section 11.150 - Effects Of Permits On Water Quality
In consideration of an application for a permit under this subchapter, the commission shall assess the effects, if any, of the issuance of the permit ...
- Texas Water Code Section 11.1501 - Consideration And Revision Of Plans
In considering an application for a permit to store, take, or divert surface water, or for an amendment to a permit, certified filing, or certificate ...
- Texas Water Code Section 11.151 - Effects Of Permits On Groundwater
In considering an application for a permit to store, take, or divert surface water, the commission shall consider the effects, if any, on groundwater or ...
- Texas Water Code Section 11.152 - Effects Of Permits On Fish And Wildlife Habitats
In its consideration of an application for a permit to store, take, or divert water in excess of 5,000 acre feet per year, the commission ...
- Texas Water Code Section 11.153 - Projects For Storage Of Appropriated Water In Aquifers
(a) The commission shall investigate the feasibility of storing appropriated water in various types of aquifers around the state by encouraging the issuance of temporary ...
- Texas Water Code Section 11.154 - Permits To Store Appropriated Water In Aquifers
(a) An application filed with the commission to undertake a project under Section 11.153 must include: (1) the information required for an application for a ...
- Texas Water Code Section 11.155 - Aquifer Storage Pilot Project Reports
(a) On completion of each pilot project, the board and the commission jointly shall: (1) prepare a report evaluating the success of the project; and ...
- Texas Water Code Section 11.171 - Definitions
As used in this subchapter: (1) "Other interested person" means any person other than a record holder who is interested in the permit or certified ...
- Texas Water Code Section 11.172 - General Principle
A permit, certified filing, or certificate of adjudication is subject to cancellation in whole or part for 10 years nonuse as provided by this subchapter. ...
- Texas Water Code Section 11.173 - Cancellation In Whole Or In Part
(a) Except as provided by Subsection (b) of this section, if all or part of the water authorized to be appropriated under a permit, certified ...
- Texas Water Code Section 11.174 - Commission May Initiate Proceedings
When the commission finds that its records do not show that some portion of the water has been used during the past 10 years, the ...
- Texas Water Code Section 11.175 - Notice
(a) At least 45 days before the date of the hearing, the commission shall send notice of the hearing to the holder of the permit, ...
- Texas Water Code Section 11.176 - Hearing
(a) Except as provided by Subsection (b) of this section, the commission shall hold a hearing and shall give the holder of the permit, certified ...
- Texas Water Code Section 11.177 - Commission Finding; Action
(a) At the conclusion of the hearing, the commission shall cancel the permit, certified filing, or certificate of adjudication in whole or in part to ...
- Texas Water Code Section 11.183 - Reservoir
If the holder of a permit, certified filing, or certificate of adjudication has facilities for the storage of water in a reservoir, the commission may ...
- Texas Water Code Section 11.184 - Municipal Certified Filing
Regardless of other provisions of this subchapter, no portion of a certified filing held by a city, town, village, or municipal water district, authorizing the ...
- Texas Water Code Section 11.185 - Effect Of Inaction
Failure to initiate cancellation proceedings under this subchapter does not validate or improve the status of any permit, certified filing, or certificate of adjudication in ...
- Texas Water Code Section 11.186 - Subsequent Proceedings On Same Water Right
Once cancellation proceedings have been initiated against a particular permit, certified filing, or certificate of adjudication and a hearing has been held, further cancellation proceedings ...
- Texas Water Code Section 11.201 - Artesian Well Defined
An artesian well is an artificial water well in which the water, when properly cased, will rise by natural pressure above the first impervious stratum ...
- Texas Water Code Section 11.202 - Right To Drill Artesian Well
(a) Except as provided by this section, a person is entitled to drill an artesian well for domestic purposes or for stock raising without complying ...
- Texas Water Code Section 11.203 - Artesian Well: Drilling Record
A person who drills an artesian well or has one drilled shall keep a complete and accurate record of the depth, thickness, and character of ...
- Texas Water Code Section 11.204 - Report Of New Artesian Well
Within one year after an artesian well is drilled, the owner or operator shall transmit to the commission a sworn report stating the result of ...
- Texas Water Code Section 11.205 - Wasting Water From Artesian Well
Unless the water from an artesian well is used for a purpose and in a manner in which it may be lawfully used on the ...
- Texas Water Code Section 11.206 - Improperly Cased Well: Nuisance
An artesian well that is not tightly cased, capped, and furnished with mechanical appliances that readily and effectively prevent water from flowing out of the ...
- Texas Water Code Section 11.207 - Annual Report
(a) Not later than March 1 of each year, a person who during any part of the preceding calendar year owned or operated an artesian ...
- Texas Water Code Section 11.301 - Short Title
This subchapter may be cited as the Water Rights Adjudication Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. ...
- Texas Water Code Section 11.302 - Declaration Of Policy
The conservation and best utilization of the water resources of this state are a public necessity, and it is in the interest of the people ...
- Texas Water Code Section 11.303 - Recordation And Limitation Of Certain Water Rights Claims
(a) This section applies to: (1) claims of riparian water rights; (2) claims under Section 11.143 of this code to impound, divert, or use state ...
- Texas Water Code Section 11.304 - Adjudication Of Water Rights
The water rights in any stream or segment of a stream may be adjudicated as provided in this subchapter: (1) on the commission's own motion; ...
- Texas Water Code Section 11.305 - Investigation
(a) Promptly after a petition is filed under Section 11.304 of this Code, the commission shall consider whether the adjudication would be in the public ...
- Texas Water Code Section 11.306 - Notice Of Adjudication
(a) The commission shall prepare a notice of adjudication which describes the stream or segment to be adjudicated and the date by which all claims ...
- Texas Water Code Section 11.307 - Filing Of Sworn Claims
(a) Every person claiming a water right of any nature, except for domestic or livestock purposes, from the stream or segment under adjudication shall file ...
- Texas Water Code Section 11.308 - Hearings On Claims; Notice
The commission shall set a time and a place for hearing all claims. Not less than 30 days before commencement of the hearings, the commission ...
- Texas Water Code Section 11.309 - Preliminary Determination Of Claims
(a) On completion of the hearings, the commission shall make a preliminary determination of the claims to water rights under adjudication. (b) One copy of ...
- Texas Water Code Section 11.310 - Evidence Open To Inspection
All evidence presented to or considered by the commission shall be open to public inspection for a period of not less than 60 days, as ...
- Texas Water Code Section 11.311 - Date For Filing Contests
The commission shall set a date for filing contests on the preliminary determination, which date shall not be less than 30 days after the period ...
- Texas Water Code Section 11.312 - Notice Of Preliminary Determination; Copies
(a) Promptly after the preliminary determination is made as provided in Section 11.309 of this code, the commission shall publish notice of the determination once ...
- Texas Water Code Section 11.313 - Filing Contests
(a) Any water right claimant affected by the preliminary determination, including any claimant to water rights within the river basin but outside the stream or ...
- Texas Water Code Section 11.314 - Hearing On Contest; Notice
After the time for filing contests has expired, the commission shall prepare a notice setting forth the part of the preliminary determination to which each ...
- Texas Water Code Section 11.315 - Final Determination
On completion of the hearings on all contests, the commission shall make a final determination of the claims to water rights under adjudication. The commission ...
- Texas Water Code Section 11.316 - Application For Rehearing
Within 30 days from the date of the final determination, any affected party may apply to the commission for a rehearing. Applications for rehearing which ...
- Texas Water Code Section 11.317 - Filing Final Determination With District Court
(a) As soon as practicable after the disposition of all applications for rehearing, the commission shall file a certified copy of the final determination, together ...
- Texas Water Code Section 11.318 - Exceptions To Final Determination
(a) Any affected person who appeared in the proceeding before the commission may file exceptions to the final determination. An exception must state with a ...
- Texas Water Code Section 11.319 - Hearings On Exceptions
(a) The court shall hear any exceptions that have been filed. The commission and all affected persons who appeared in the proceedings before the commission ...
- Texas Water Code Section 11.320 - Scope Of Judicial Review
(a) In passing on exceptions, the court shall determine all issues of law and fact independently of the commission's determination. The substantial evidence rule shall ...
- Texas Water Code Section 11.321 - Evidence
Any exception heard by the court without a jury may be resolved on the record of evidence before the commission, or the court may take ...
- Texas Water Code Section 11.322 - Final Decree
(a) After the final hearing, the court shall enter a decree affirming or modifying the order of the commission. (b) The court may assess the ...
- Texas Water Code Section 11.323 - Certificate Of Adjudication
(a) When a final determination of the rights to the waters of a stream has been made in accordance with the procedure provided in this ...
- Texas Water Code Section 11.324 - Recordation Of Certificate
(a) The commission shall transmit the certificate of adjudication or a true copy to the county clerk of each county in which the appropriation is ...
- Texas Water Code Section 11.325 - Water Divisions
The commission shall divide the state into water divisions for the purpose of administering adjudicated water rights. Water divisions may be created from time to ...
- Texas Water Code Section 11.326 - Appointment Of Watermaster
(a) The executive director may appoint one watermaster for each water division. (b) A watermaster holds office until a successor is appointed. The executive director ...
- Texas Water Code Section 11.3261 - Watermaster Advisory Committee
(a) The executive director shall establish a watermaster advisory committee consisting of a minimum of nine members, but no more than 15 members, who are ...
- Texas Water Code Section 11.327 - Duties Of Watermaster
(a) A watermaster shall divide the water of the streams or other sources of supply of his division in accordance with the adjudicated water rights. ...
- Texas Water Code Section 11.3271 - Powers And Duties Of Rio Grande Watermaster; Delivery Of Water Down Banks And Bed Of Rio Grande
(a) This section applies only to the watermaster with jurisdiction over the Rio Grande and the water division for which that watermaster is appointed. (b) ...
- Texas Water Code Section 11.328 - Watermaster's Notice Posted
If, in the performance of his duties, a watermaster regulates diversion works or the controlling works of reservoirs, he shall attach to the works a ...
- Texas Water Code Section 11.329 - Compensation And Expenses Of Watermaster
(a) The commission shall pay the compensation and necessary expenses of a watermaster, assistant watermasters, and other necessary employees, but the holders of water rights ...
- Texas Water Code Section 11.3291 - Watermaster Fund
(a) The watermaster fund is created as a special fund in the state treasury and shall be administered by the commission under this subchapter and ...
- Texas Water Code Section 11.330 - Outlet For Free Passage Of Water
The owner of any works for the diversion or storage of water shall maintain a substantial headgate at the point of diversion, or a gate ...
- Texas Water Code Section 11.331 - Measuring Devices
The commission, by rule, may require the owner of any works for the diversion, taking, storage, or distribution of water to construct and maintain suitable ...
- Texas Water Code Section 11.332 - Installation Of Flumes
The commission, by rule, may require flumes to be installed along the line of any ditch if necessary for the protection of water rights or ...
- Texas Water Code Section 11.333 - Failure To Comply With Commission Rules
If the owner of waterworks using state water refuses or neglects to comply with the rules adopted pursuant to Section 11.330, 11.331, or 11.332 of ...
- Texas Water Code Section 11.334 - Suit Against Commission For Injury
Any person who is injured by an act of the commission under this subchapter may bring suit against the commission to review the action or ...
- Texas Water Code Section 11.335 - Administration Of Water Rights Not Adjudicated
(a) If any area in which water rights of record in the office of the commission have not been adjudicated, the claimants of the rights ...
- Texas Water Code Section 11.336 - Administration Of Permits Issued After Adjudication
Permits, other than temporary permits, that are issued by the commission to appropriate water from an adjudicated stream or segment are subject to administration in ...
- Texas Water Code Section 11.337 - Hearings: Notice And Procedure
(a) The commission shall give notice of a hearing or other proceeding it orders under this subchapter in the manner prescribed in the procedural rules ...
- Texas Water Code Section 11.338 - Cancellation Of Water Rights
Nothing in this subchapter recognizes any abandoned or cancelled water right or impairs in any way the power of the commission under general law to ...
- Texas Water Code Section 11.339 - Underground Water Not Affected
This subchapter does not apply to underground water as defined in Chapter 52 of this code. Amended by Acts 1977, 65th Leg., p. 2207, ch. ...
- Texas Water Code Section 11.340 - Abatement Of Certain Civil Suits
(a) Nothing in this subchapter prevents or precludes a person who claims the right to divert water from a stream from filing and prosecuting to ...
- Texas Water Code Section 11.341 - Limitation On Actions
This subchapter does not affect any action or proceeding instituted before August 28, 1967, or any right accrued before that date except those specifically provided ...
- Texas Water Code Section 11.401 - Scope Of Subchapter
The provisions of this subchapter apply to a suit if: (1) the state is a party; (2) the purpose of the suit is to determine ...
- Texas Water Code Section 11.402 - Appointment And Authority Of Watermaster
(a) A court having jurisdiction over a suit described in Section 11.401 of this code may appoint a watermaster with power to allocate and distribute, ...
- Texas Water Code Section 11.403 - Compensation Of Watermaster
The court shall fix the compensation of the watermaster and his staff. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. ...
- Texas Water Code Section 11.404 - Expenses And Assessment Of Costs Of Watermaster
(a) Except as provided by Subsection (e), the trial court shall assess the costs and expenses of the watermaster and his staff against all persons ...
- Texas Water Code Section 11.405 - Failure To Pay Assessed Costs
If the costs and expenses assessed are not paid within the time prescribed by the court, the court after notice and hearing may withdraw or ...
- Texas Water Code Section 11.406 - Judicial Custody Of Water During Appeal
If a party appeals the judgment of the trial court, that court may retain custody of the water which it has previously taken into judicial ...
- Texas Water Code Section 11.407 - Allocation And Distribution Of Water During Appeal
During the pendency of an appeal, the trial court shall limit the allocation and distribution of the water in its custody to the parties adjudicated ...
- Texas Water Code Section 11.408 - Retention Of Watermaster During Appeal
During the pendency of an appeal, the trial court may retain the watermaster in office with the same authority he had during the trial proceedings. ...
- Texas Water Code Section 11.409 - Violations Of Court Orders
If a party violates any order of the trial court either during trial proceedings or during an appeal, the trial court may limit or withdraw ...
- Texas Water Code Section 11.451 - Commission Authority
On petition of 25 or more holders of water rights in a river basin or segment of a river basin or on its own motion ...
- Texas Water Code Section 11.452 - Procedure For Determination
(a) On receiving a petition for appointment of a watermaster or on its own motion, the commission shall call and hold a hearing to determine ...
- Texas Water Code Section 11.453 - Appointment Of Watermaster
(a) On issuance of an order under Section 11.452 of this chapter directing appointment of a watermaster, the executive director shall appoint a watermaster for ...
- Texas Water Code Section 11.454 - Duties And Authority Of The Watermaster
A watermaster as the agent of the commission and under the executive director's supervision shall: (1) divide the water of the streams or other sources ...
- Texas Water Code Section 11.455 - Assessments
The commission may assess the costs of the watermaster against all persons who hold water rights in the river basin or segment of the river ...
- Texas Water Code Section 11.456 - Maintaining Current Status
(a) To protect water rights holders in a river basin or segment of a river basin during the proceedings under Section 11.452 of this code, ...
- Texas Water Code Section 11.457 - Assistance To Watermaster
The executive director shall provide the watermaster with such staff and facilities as are necessary to carry out this subchapter. Added by Acts 1987, 70th ...
- Texas Water Code Section 11.458 - Application Of Subchapter
This subchapter shall not apply to any river basin or segment of a river basin in which a watermaster has been appointed pursuant to Subchapter ...
- Texas Water Code Section 11.501 - Title Of Act
This Act shall be known and may be cited as the "Wetlands Act." Added by Acts 1989, 71st Leg., ch. 1202, § 1, eff. Aug. ...
- Texas Water Code Section 11.502 - Definition
(1) The definition of the term "wetlands" within the State of Texas, for purposes of the Clean Water Act, 33 U.S.C. 1311, 1344; the ...
- Texas Water Code Section 11.503 - Applicability To Man-Made Wetlands
Section 11.502(4)(C) applies only to man-made wetlands, the construction or creation of which commences on or after the effective date of this Act. Added by ...
- Texas Water Code Section 11.504 - Applicability To Surface Mining And Reclamation
This Act shall not apply to surface mining and reclamation. Added by Acts 1989, 71st Leg., ch. 1202, § 1, eff. Aug. 28, 1989. ...
- Texas Water Code Section 11.505 - Applicability To State Revolving Loan Fund Program
This Act shall not apply to the state revolving loan fund program. Added by Acts 1989, 71st Leg., ch. 1202, § 1, eff. Aug. 28, ...
- Texas Water Code Section 11.506 - Conflict Between State And Federal Definitions
If the state definition conflicts with the federal definition in any manner, the federal definition prevails. Added by Acts 1989, 71st Leg., ch. 1202, § ...
- Texas Water Code Section 11.551 - Definitions
In this subchapter: (1) "Advisory committee" means the Concho River Watermaster Advisory Committee appointed under Section 11.557. (2) "Executive director" means the executive director of ...
- Texas Water Code Section 11.552 - Concho River Watermaster Program
The Concho River Watermaster Program is established to ensure compliance with water rights in the area described by Section 11.553. Added by Acts 2005, 79th ...
- Texas Water Code Section 11.553 - Jurisdiction Of Watermaster
The geographical and jurisdictional boundaries of a watermaster acting under this subchapter shall be the Concho River segment of the Colorado River Basin that includes ...
- Texas Water Code Section 11.554 - Watermaster; Appointment Of Deputy Watermaster
(a) The watermaster for the South Texas Watermaster Program shall serve as the watermaster for the program. (b) The watermaster shall appoint a deputy watermaster, ...
- Texas Water Code Section 11.555 - Duties And Authority Of Watermaster
The watermaster has the same duties and authority under the Concho River Watermaster Program as the watermaster has under the South Texas Watermaster Program. Added ...
- Texas Water Code Section 11.556 - Appointment Of Nonvoting Member Of South Texas Watermaster Advisory Committee
(a) The executive director shall appoint a person who resides in the area described by Section 11.553 to the South Texas Watermaster Advisory Committee. (b) ...
- Texas Water Code Section 11.557 - Concho River Watermaster Advisory Committee
(a) The Concho River Watermaster Advisory Committee consists of 13 members appointed by the executive director as follows: (1) six members selected from nominations received, ...
- Texas Water Code Section 11.558 - Fees
Fees assessed under the Concho River Watermaster Program shall be of the same type and rate as those assessed under the South Texas Watermaster Program ...
- Texas Water Code Section 11.559 - Referendum
(a) On or after September 1, 2009, a water right holder may petition the advisory committee to conduct a referendum on the continuation of the ...
- Texas Water Code Section 11.560 - Colorado River Basin Watermaster Program
If a watermaster program is established for the entire Colorado River Basin, the Concho River Watermaster Program is discontinued, and the area described by Section ...
- Texas Water Code Section 11.561 - Applicability Of Other Law And Commission Rules
A provision of this code or a rule adopted by the commission that relates to watermasters and does not conflict with the provisions of this ...
- Texas Water Code Section 12.001 - Definitions
The definitions contained in Subchapter A, Chapter 11 of this code apply to this chapter. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, ...
- Texas Water Code Section 12.011 - Permit Applications
The commission shall receive, administer, and act on all applications for permits and permit amendments: (1) to appropriate public water for beneficial use or storage; ...
- Texas Water Code Section 12.012 - Evaluation Of Outstanding Permits
The commission shall actively and continually evaluate outstanding permits and certified filings and shall carry out measures to cancel wholly or partially the certified filings ...
- Texas Water Code Section 12.013 - Rate-Fixing Power
(a) The commission shall fix reasonable rates for the furnishing of raw or treated water for any purpose mentioned in Chapter 11 or 12 of ...
- Texas Water Code Section 12.014 - Use Of Commission Surveys; Policy
The commission shall make use of surveys, studies, and investigations conducted by the staff of the commission in order to ascertain the character of the ...
- Texas Water Code Section 12.015 - Power To Condemn Works
(a) The commission may condemn existing works if their existence or operation may, in the judgment of the commission, become a public menace or dangerous ...
- Texas Water Code Section 12.016 - Power To Inspect
The executive director or his authorized agent may inspect any impoundment, diversion, or distribution works during construction to determine whether or not they are being ...
- Texas Water Code Section 12.017 - Power To Enter Land
Any member or employee of the commission may enter any person's land, natural waterway, or artificial waterway for the purpose of making an investigation that ...
- Texas Water Code Section 12.051 - Federal Projects
(a) In this section: (1) "Federal project" means an engineering undertaking or work to construct, enlarge, or extend a dam, lake, reservoir, or other water-storage ...
- Texas Water Code Section 12.052 - Dam Safety
(a) The commission shall make and enforce rules and orders and shall perform all other acts necessary to provide for the safe construction, maintenance, repair, ...
- Texas Water Code Section 12.081 - Continuing Right Of Supervision Of Districts And Authorities Created Under Article Iii, Section 52 And Article Xvi, Section 59 Of The Texas Constitution
(a) The powers and duties of all districts and authorities created under Article III, Section 52 and Article XVI, Section 59 of the Texas Constitution ...
- Texas Water Code Section 12.082 - Duty To Investigate Fresh Water Supply District Projects
(a) In this section: (1) "District" means fresh water supply district. (2) "Designated agent" means any licensed engineer selected by the executive director to perform ...
- Texas Water Code Section 12.083 - Districts; Creation, Investigations And Bonds
(a) The commission succeeds to the duties and responsibilities of the Texas Water Rights Commission with regard to the creation of districts as defined by ...
- Texas Water Code Section 12.112 - Fees: Exemptions
(a) The commission, the board, and the Parks and Wildlife Commission are exempted from payment of any filing, recording, or use fees required by this ...
- Texas Water Code Section 12.113 - Disposition Of Fees, Etc
(a) The commission shall immediately deposit in the State Treasury the fees and charges it collects. (b) The commission shall deposit all costs collected under ...
- Texas Water Code Section 12.114 - Disposition Of Fees Pending Determination
The commission shall hold all fees, except filing fees, which are paid with an application until the commission finally determines whether the application should be ...
- Texas Water Code Section 13.001 - Legislative Policy And Purpose
(a) This chapter is adopted to protect the public interest inherent in the rates and services of retail public utilities. (b) The legislature finds that: ...
- Texas Water Code Section 13.002 - Definitions
In this chapter: (1) "Affected person" means any landowner within an area for which a certificate of public convenience and necessity is filed, any retail ...
- Texas Water Code Section 13.003 - Applicability Of Administrative Procedure And Texas Register Act
Chapter 2001, Government Code applies to all proceedings under this chapter except to the extent inconsistent with this chapter. Added by Acts 1985, 69th Leg., ...
- Texas Water Code Section 13.004 - Jurisdiction Of Commission Over Certain Water Supply Or Sewer Service Corporations
(a) Notwithstanding any other law, the commission has the same jurisdiction over a water supply or sewer service corporation that the commission has under this ...
- Texas Water Code Section 13.011 - Employees
(a) The executive director, subject to approval by the commission, shall employ any engineering, accounting, and administrative personnel necessary to carry out this chapter. (b) ...
- Texas Water Code Section 13.014 - Attorney General To Represent Commission
The attorney general shall represent the commission under this chapter in all matters before the state courts and any court of the United States. Added ...
- Texas Water Code Section 13.015 - Informal Proceeding
A proceeding involving a retail public utility as defined by Section 13.002 of this code may be an informal proceeding, except that the proceeding is ...
- Texas Water Code Section 13.016 - Record Of Proceedings; Right To Hearing
A record shall be kept of all proceedings before the regulatory authority, unless all parties waive the keeping of the record, and all the parties ...
- Texas Water Code Section 13.041 - General Power; Rules; Hearings
(a) The commission may regulate and supervise the business of every water and sewer utility within its jurisdiction and may do all things, whether specifically ...
- Texas Water Code Section 13.042 - Jurisdiction Of Municipality; Original And Appellate Jurisdiction Of Commission
(a) Subject to the limitations imposed in this chapter and for the purpose of regulating rates and services so that those rates may be fair, ...
- Texas Water Code Section 13.0421 - Rates Charged By Certain Municipally Owned Utilities
(a) This section applies to a municipally owned water and sewer utility that on January 1, 1989, required some or all of its wholesale customers ...
- Texas Water Code Section 13.043 - Appellate Jurisdiction
(a) Any party to a rate proceeding before the governing body of a municipality may appeal the decision of the governing body to the commission. ...
- Texas Water Code Section 13.044 - Rates Charged By Municipality To District
(a) This section applies to rates charged by a municipality for water or sewer service to a district created pursuant to Article XVI, Section 59, ...
- Texas Water Code Section 13.045 - Notification Regarding Use Of Revenue
At least annually and before any rate increase, a municipality shall notify in writing each water and sewer retail customer of any service or capital ...
- Texas Water Code Section 13.081 - Franchises
This chapter may not be construed as in any way limiting the rights and powers of a municipality to grant or refuse franchises to use ...
- Texas Water Code Section 13.082 - Local Utility Service; Exempt And Nonexempt Areas
(a) Notwithstanding any other provision of this section, municipalities shall continue to regulate each kind of local utility service inside their boundaries until the commission ...
- Texas Water Code Section 13.083 - Rate Determination
A municipality regulating its water and sewer utilities under this chapter shall require from those utilities all necessary data to make a reasonable determination of ...
- Texas Water Code Section 13.084 - Authority Of Governing Body; Cost Reimbursement
The governing body of any municipality or the commissioners court of an affected county shall have the right to select and engage rate consultants, accountants, ...
- Texas Water Code Section 13.085 - Assistance By Commission
On request, the commission may advise and assist municipalities and affected counties in connection with questions and proceedings arising under this chapter. This assistance may ...
- Texas Water Code Section 13.086 - Fair Wholesale Rates For Wholesale Water Sales To A Water District
(a) A municipality that makes a wholesale sale of water to a special district created under Section 52, Article III, or Section 59, Article XVI, ...
- Texas Water Code Section 13.087 - Municipal Rates For Certain Recreational Vehicle Parks
(a) In this section: (1) "Nonsubmetered master metered utility service" means potable water service that is master metered but not submetered and wastewater service that ...
- Texas Water Code Section 13.131 - Records Of Utility; Rates, Methods, And Accounts
(a) Every water and sewer utility shall keep and render to the regulatory authority in the manner and form prescribed by the commission uniform accounts ...
- Texas Water Code Section 13.132 - Powers Of Commission
(a) The commission may: (1) require that water and sewer utilities report to it any information relating to themselves and affiliated interests both inside and ...
- Texas Water Code Section 13.133 - Inspections; Examination Under Oath; Compelling Production Of Records; Inquiry Into Management And Affairs
(a) Any regulatory authority and, when authorized by the regulatory authority, its counsel, agents, and employees may, at reasonable times and for reasonable purposes, inspect ...
- Texas Water Code Section 13.134 - Report Of Advertising Or Public Relations Expenses
(a) The regulatory authority may require an annual report from each utility company of all its expenditures for business gifts and entertainment and institutional, consumption-inducing, ...
- Texas Water Code Section 13.135 - Unlawful Rates, Rules, And Regulations
A utility may not charge, collect, or receive any rate for utility service or impose any rule or regulation other than as provided in this ...
- Texas Water Code Section 13.136 - Filing Tariffs Of Rates, Rules, And Regulations; Annual Financial Report
(a) Every utility shall file with each regulatory authority tariffs showing all rates that are subject to the original or appellate jurisdiction of the regulatory ...
- Texas Water Code Section 13.137 - Office And Other Business Locations Of Utility; Records; Removal From State
(a) Every utility shall: (1) make available and notify its customers of a business location where its customers may make payments to prevent disconnection of ...
- Texas Water Code Section 13.138 - Communications By Utilities With Regulatory Authority; Regulations And Records
The regulatory authority may prescribe regulations governing communications by utilities and their affiliates and their representatives with the regulatory authority or any member or employee ...
- Texas Water Code Section 13.139 - Standards Of Service
(a) Every retail public utility that possesses or is required to possess a certificate of public convenience and necessity and every district and affected county ...
- Texas Water Code Section 13.140 - Examination And Test Of Equipment
(a) The regulatory authority may examine and test any meter, instrument, or equipment used for the measurement of service of any utility and may enter ...
- Texas Water Code Section 13.141 - Billing For Service To State
A utility, utility owned by an affected county, or municipally owned utility may not bill or otherwise require the state or a state agency or ...
- Texas Water Code Section 13.142 - Time Of Payment Of Utility Bills By State
(a) In this section, "utility" includes a municipally owned utility. (b) The commission shall adopt rules concerning payment of utility bills that are consistent with ...
- Texas Water Code Section 13.143 - Voluntary Contributions
(a) A utility may implement as part of its billing process a program under which the utility collects from its customers a voluntary contribution, including ...
- Texas Water Code Section 13.144 - Notice Of Wholesale Water Supply Contract
A district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a retail public utility, a wholesale water service, ...
- Texas Water Code Section 13.145 - Multiple Systems Consolidated Under Tariff
(a) A utility may consolidate more than one system under a single tariff only if: (1) the systems under the tariff are substantially similar in ...
- Texas Water Code Section 13.181 - Power To Ensure Compliance; Rate Regulation
(a) Except for the provisions of Section 13.192, this subchapter shall apply only to a utility and shall not be applied to municipalities, counties, districts, ...
- Texas Water Code Section 13.182 - Just And Reasonable Rates
(a) The regulatory authority shall ensure that every rate made, demanded, or received by any utility or by any two or more utilities jointly shall ...
- Texas Water Code Section 13.183 - Fixing Overall Revenues
(a) In fixing the rates for water and sewer services, the regulatory authority shall fix its overall revenues at a level that will: (1) permit ...
- Texas Water Code Section 13.184 - Fair Return; Burden Of Proof
(a) Unless the commission establishes alternate rate methodologies in accordance with Section 13.183(c), the commission may not prescribe any rate that will yield more than ...
- Texas Water Code Section 13.185 - Components Of Invested Capital And Net Income
(a) Unless alternate methodologies are adopted as provided in Sections 13.183(c) and 13.184(a), the components of invested capital and net income shall be determined according ...
- Texas Water Code Section 13.186 - Unreasonable Or Violative Existing Rates; Investigating Costs Of Obtaining Service From Another Source
(a) If the regulatory authority, after reasonable notice and hearing, on its own motion or on complaint by any affected person, finds that the existing ...
- Texas Water Code Section 13.1861 - Rates Charged State
The rates that a utility or municipally owned utility charges the state or a state agency or institution may not include an amount representing a ...
- Texas Water Code Section 13.187 - Statement Of Intent To Change Rates; Hearing; Determination Of Rate Level
(a) A utility may not make changes in its rates except by delivering a statement of intent to each ratepayer and with the regulatory authority ...
- Texas Water Code Section 13.189 - Unreasonable Preference Or Prejudice As To Rates Or Services
(a) A water and sewer utility as to rates or services may not make or grant any unreasonable preference or advantage to any corporation or ...
- Texas Water Code Section 13.190 - Equality Of Rates And Services
(a) A water and sewer utility may not directly or indirectly by any device or in any manner charge, demand, collect, or receive from any ...
- Texas Water Code Section 13.191 - Discrimination; Restriction On Competition
A water and sewer utility may not discriminate against any person or corporation that sells or leases equipment or performs services in competition with the ...
- Texas Water Code Section 13.192 - Payments In Lieu Of Taxes
Payments made in lieu of taxes by a water and sewer utility to the municipality by which it is owned may not be considered an ...
- Texas Water Code Section 13.241 - Granting Certificates
(a) In determining whether to grant or amend a certificate of public convenience and necessity, the commission shall ensure that the applicant possesses the financial, ...
- Texas Water Code Section 13.242 - Certificate Required
(a) Unless otherwise specified, a utility, a utility operated by an affected county, or a water supply or sewer service corporation may not in any ...
- Texas Water Code Section 13.243 - Exceptions For Extension Of Service
A retail public utility is not required to secure a certificate of public convenience and necessity for: (1) an extension into territory contiguous to that ...
- Texas Water Code Section 13.244 - Application; Maps And Other Information; Evidence And Consent
(a) To obtain a certificate of public convenience and necessity or an amendment to a certificate, a public utility or water supply or sewer service ...
- Texas Water Code Section 13.245 - Municipal Boundaries Or Extraterritorial Jurisdiction Of Certain Municipalities
(a) This section applies only to a municipality with a population of 500,000 or more. (b) Except as provided by Subsection (c), the commission may ...
- Texas Water Code Section 13.2451 - Extension Beyond Extraterritorial Jurisdiction
(a) Except as provided by Subsection (b), if a municipality extends its extraterritorial jurisdiction to include an area certificated to a retail public utility, the ...
- Texas Water Code Section 13.246 - Notice And Hearing; Issuance Or Refusal; Factors Considered
(a) If an application for a certificate of public convenience and necessity or for an amendment to a certificate is filed, the commission shall cause ...
- Texas Water Code Section 13.247 - Area Within Municipality
(a) If an area is within the boundaries of a municipality, all retail public utilities certified or entitled to certification under this chapter to provide ...
- Texas Water Code Section 13.248 - Contracts Valid And Enforceable
Contracts between retail public utilities designating areas to be served and customers to be served by those retail public utilities, when approved by the commission ...
- Texas Water Code Section 13.250 - Continuous And Adequate Service; Discontinuance, Reduction, Or Impairment Of Service
(a) Except as provided by this section or Section 13.2501 of this code, any retail public utility that possesses or is required to possess a ...
- Texas Water Code Section 13.2501 - Conditions Requiring Refusal Of Service
The holder of a certificate of public convenience and necessity shall refuse to serve a customer within its certified area if the holder of the ...
- Texas Water Code Section 13.2502 - Service Extensions By Water Supply And Sewer Service Corporation Or Special Utility District
(a) Notwithstanding Section 13.250, a water supply or sewer service corporation or a special utility district organized under Chapter 65 is not required to extend ...
- Texas Water Code Section 13.251 - Sale, Assignment, Or Lease Of Certificate
Except as provided by Section 13.255 of this code, a utility or a water supply or sewer service corporation may not sell, assign, or lease ...
- Texas Water Code Section 13.252 - Interference With Other Retail Public Utility
If a retail public utility in constructing or extending a line, plant, or system interferes or attempts to interfere with the operation of a line, ...
- Texas Water Code Section 13.253 - Improvements In Service; Interconnecting Service
(a) After notice and hearing, the commission may: (1) order any retail public utility that is required by law to possess a certificate of public ...
- Texas Water Code Section 13.254 - Revocation Or Amendment Of Certificate
(a) The commission at any time after notice and hearing may, on its own motion or on receipt of a petition described by Subsection (a-1), ...
- Texas Water Code Section 13.255 - Single Certification In Incorporated Or Annexed Areas
(a) In the event that an area is incorporated or annexed by a municipality, either before or after the effective date of this section, the ...
- Texas Water Code Section 13.2551 - Completion Of Decertification
(a) As a condition to decertification or single certification under Section 13.254 or 13.255, and on request by an affected retail public utility, the commission ...
- Texas Water Code Section 13.256 - County Fee
(a) Notwithstanding any other provision of law, a county with a population of more than 2.8 million may not charge a water and sewer utility ...
- Texas Water Code Section 13.257 - Notice To Purchasers
(a) In this section, "utility service provider" means a retail public utility other than a district subject to Section 49.452 of this code. (b) If ...
- Texas Water Code Section 13.301 - Report Of Sale, Merger, Etc.; Investigation; Disallowance Of Transaction
(a) A utility or a water supply or sewer service corporation, on or before the 120th day before the effective date of a sale, acquisition, ...
- Texas Water Code Section 13.302 - Purchase Of Voting Stock In Another Public Utility: Report
(a) A utility may not purchase voting stock in another utility doing business in this state and a person may not acquire a controlling interest ...
- Texas Water Code Section 13.303 - Loans To Stockholders: Report
A utility may not loan money, stocks, bonds, notes, or other evidences of indebtedness to any corporation or person owning or holding directly or indirectly ...
- Texas Water Code Section 13.304 - Foreclosure Report
(a) A utility that receives notice that all or a portion of the utility's facilities or property used to provide utility service are being posted ...
- Texas Water Code Section 13.341 - Jurisdiction Over Affiliated Interests
The commission has jurisdiction over affiliated interests having transactions with utilities under the jurisdiction of the commission to the extent of access to all accounts ...
- Texas Water Code Section 13.342 - Disclosure Of Substantial Interest In Voting Securities
The commission may require the disclosure of the identity and respective interests of every owner of any substantial interest in the voting securities of any ...
- Texas Water Code Section 13.343 - Wholesale Water Contracts Between Certain Affiliates
(a) The owner of a utility that supplies retail water service may not contract to purchase from an affiliated supplier wholesale water service for any ...
- Texas Water Code Section 13.381 - Right To Judicial Review; Evidence
Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule. Added by Acts 1985, 69th Leg., ch. ...
- Texas Water Code Section 13.382 - Costs And Attorney's Fees
(a) Any party represented by counsel who alleges that existing rates are excessive or that rates prescribed by the commission are excessive and who is ...
- Texas Water Code Section 13.411 - Action To Enjoin Or Require Compliance
(a) If the commission has reason to believe that any retail public utility or any other person or corporation is engaged in or is about ...
- Texas Water Code Section 13.4115 - Action To Require Adjustment To Consumer Charge; Penalty
In regard to a customer complaint arising out of a charge made by a public utility, if the executive director finds that the utility has ...
- Texas Water Code Section 13.412 - Receivership
(a) At the request of the commission, the attorney general shall bring suit for the appointment of a receiver to collect the assets and carry ...
- Texas Water Code Section 13.413 - Payment Of Costs Of Receivership
The receiver may, subject to the approval of the court and after giving notice to all interested parties, sell or otherwise dispose of all or ...
- Texas Water Code Section 13.4131 - Supervision Of Certain Utilities
(a) The commission, after providing to the utility notice and an opportunity for a hearing, may place a utility under supervision for gross or continuing ...
- Texas Water Code Section 13.4132 - Operation Of Utility That Discontinues Operation Or Is Referred For Appointment Of Receiver
(a) The commission, after providing to the utility notice and an opportunity to be heard by the commissioners at a commission meeting, may authorize a ...
- Texas Water Code Section 13.4133 - Emergency Rate Increase In Certain Circumstances
(a) Notwithstanding the requirements of Section 13.187 of this code, the commission may authorize an emergency rate increase for a utility for which a person ...
- Texas Water Code Section 13.414 - Penalty Against Retail Public Utility Or Affiliated Interest
(a) Any retail public utility or affiliated interest that violates this chapter, fails to perform a duty imposed on it, or fails, neglects, or refuses ...
- Texas Water Code Section 13.415 - Personal Penalty
Any person who wilfully and knowingly violates this chapter is guilty of a third degree felony. Added by Acts 1985, 69th Leg., ch. 795, § ...
- Texas Water Code Section 13.4151 - Administrative Penalty
(a) If a person, affiliated interest, or entity subject to the jurisdiction of the commission violates this chapter or a rule or order adopted under ...
- Texas Water Code Section 13.416 - Penalties Cumulative
All penalties accruing under this chapter are cumulative and a suit for the recovery of any penalty does not bar or affect the recovery of ...
- Texas Water Code Section 13.417 - Contempt Proceedings
If any person or retail public utility fails to comply with any lawful order of the commission or with any subpoena or subpoena duces tecum ...
- Texas Water Code Section 13.418 - Disposition Of Fines And Penalties; Water Utility Improvement Account
(a) Fines and penalties collected under this chapter from a retail public utility that is not a public utility in other than criminal proceedings shall ...
- Texas Water Code Section 13.419 - Venue
Suits for injunction or penalties under this chapter may be brought in Travis County, in any county where this violation is alleged to have occurred, ...
- Texas Water Code Section 13.4521 - Filing Rate Change Request; Fee
(a) A rate change application filed with the commission must be accompanied by a filing fee, the amount of which is based on the number ...
- Texas Water Code Section 13.4522 - Certificate Of Public Convenience And Necessity; Sale, Transfer, Or Merger; Application Fee
(a) An application for a certificate of public convenience and necessity under Section 13.244 of this code must be accompanied by an application fee of ...
- Texas Water Code Section 13.453 - Collection And Disposition Of Fees
All fees paid under Sections 13.4521 and 13.4522 of this code shall be collected by the executive director and paid into the water resource management ...
- Texas Water Code Section 13.454 - Approval Of Budget
The budget of the commission is subject to legislative approval as part of the General Appropriations Act. Added by Acts 1985, 69th Leg., ch. 795, ...
- Texas Water Code Section 13.455 - Accounting Records; Audit
The transactions of the commission are subject to audit by the State Auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, 69th ...
- Texas Water Code Section 13.501 - Definitions
In this subchapter: (1) "Apartment house" means one or more buildings containing five or more dwelling units which are occupied primarily for nontransient use, including ...
- Texas Water Code Section 13.502 - Submetering
(a) An apartment house owner, manufactured home rental community owner, multiple use facility owner, or condominium manager may provide for submetering of each dwelling unit ...
- Texas Water Code Section 13.503 - Submetering Rules
(a) The commission shall encourage submetering of individual rental or dwelling units by master meter operators or building owners to enhance the conservation of water ...
- Texas Water Code Section 13.5031 - Nonsubmetering Rules
Notwithstanding any other law, the commission shall adopt rules and standards governing billing systems or methods used by manufactured home rental community owners, apartment house ...
- Texas Water Code Section 13.504 - Improper Rental Rate Increase
If, during the 90-day period preceding the installation of individual meters or submeters, an owner, operator, or manager of an apartment house, manufactured home rental ...
- Texas Water Code Section 13.505 - Enforcement
In addition to the enforcement provisions contained in Subchapter K of this chapter, if an apartment house owner, condominium manager, manufactured home rental community owner, ...
- Texas Water Code Section 13.506 - Plumbing Fixtures
(a) After January 1, 2003, before an owner of an apartment house, manufactured home rental community, or multiple use facility or a manager of a ...
- Texas Water Code Section 13.511 - Definitions
In this subchapter: (1) "Eligible city" means any municipality whose waterworks and sewer system is operated by a board of utility trustees pursuant to provisions ...
- Texas Water Code Section 13.512 - Authority To Enter Into Privatization Contracts
Any eligible city is authorized to enter into privatization contracts if such action is recommended by the board of utility trustees and authorized by the ...
- Texas Water Code Section 13.513 - Election By Eligible City To Exempt Service Provider From Commission Jurisdiction
A service provider shall not constitute a "water and sewer utility," a "public utility," a "utility," or a "retail public utility" within the meaning of ...
- Texas Water Code Section 13.514 - Term And Provisions Of A Privatization Contract
A privatization contract may be for a term and contain provisions that the governing body of an eligible city determines are in the best interests ...
- Texas Water Code Section 13.515 - Payments Under A Privatization Contract
Payments by an eligible city under a privatization contract shall, if so provided, constitute an operating expense of the eligible city's sanitary sewer system or ...
- Texas Water Code Section 15.001 - Definitions
In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Executive administrator" means the ...
- Texas Water Code Section 15.002 - Purpose
(a) The legislature finds that it is in the public interest and to the benefit of the general public of the state to encourage and ...
- Texas Water Code Section 15.003 - Power To Define Purposes
The board, by rule, may define in greater detail the purposes enumerated in Section 15.002. Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ...
- Texas Water Code Section 15.004 - Transbasin Diversion
Money on deposit in a fund created under Article III, Section 49-d-3, of the Texas Constitution shall not be used to finance or in aid ...
- Texas Water Code Section 15.005 - Consideration Of Certain Applications
(a) On submission of a project application under this chapter, the executive administrator shall determine if the application includes a project that will have flood ...
- Texas Water Code Section 15.006 - Open Meetings And Open Records Laws
Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code. Added ...
- Texas Water Code Section 15.007 - Considerations For Certain Financial Assistance
(a) If financial assistance is provided under Subchapter C or J of this chapter, any waste treatment facility to be financed under the application must ...
- Texas Water Code Section 15.008 - Grant Standards
The law regarding uniform grants and contract management, Chapter 783, Government Code, does not apply to a contract under Subchapter F, H, K, or P, ...
- Texas Water Code Section 15.011 - Water Assistance Fund
(a) The water assistance fund is created and shall be administered by the board under this chapter and rules adopted by the board. (b) After ...
- Texas Water Code Section 15.012 - Management Of Fund
(a) The board may invest, reinvest, and direct the investment of money accumulated in the fund. (b) Money appropriated by the legislature to the fund ...
- Texas Water Code Section 15.101 - Water Loan Assistance Fund
(a) The water loan assistance fund is created, to be funded by direct appropriation and by the board at its discretion from the fund. (b) ...
- Texas Water Code Section 15.102 - Financial Assistance
(a) The loan fund may be used by the board to provide loans of financial assistance to political subdivisions, federal agencies, or both political subdivisions ...
- Texas Water Code Section 15.103 - Application For Assistance
(a) In an application to the board for financial assistance from the loan fund, the applicant shall include: (1) the name of each political subdivision ...
- Texas Water Code Section 15.104 - Findings Regarding Permits
(a) The board shall not release funds for the construction of that portion of a project that proposes surface water or groundwater development until the ...
- Texas Water Code Section 15.105 - Considerations In Passing On Application
(a) In passing on an application for financial assistance from the loan fund, the board shall consider but is not limited to: (1) the needs ...
- Texas Water Code Section 15.106 - Approval Of Application
(a) The board, by resolution, may approve an application for financial assistance if after considering the factors listed in Section 15.105 of this code and ...
- Texas Water Code Section 15.107 - Method Of Making Financial Assistance Available
(a) The board may make financial assistance available to successful applicants in any manner that it considers economically feasible including: (1) contracts or agreements with ...
- Texas Water Code Section 15.1071 - Sale Of Political Subdivision Bonds To Texas Water Resources Finance Authority
(a) Notwithstanding any other provision of this chapter, the board may sell to the Texas Water Resources Finance Authority any political subdivision bonds purchased with ...
- Texas Water Code Section 15.108 - Recommendations For Funding By Legislature
(a) If money is not available in the fund to provide money for projects approved under this subchapter, the board shall prepare and submit with ...
- Texas Water Code Section 15.109 - Delivery Of Loans Of Financial Assistance
(a) As money becomes available in the loan fund, the board shall deliver the funds under the approved applications. (b) The board shall deliver money ...
- Texas Water Code Section 15.110 - Requirements For Political Subdivisions And Federal Agencies
(a) Subject only to constitutional limitations, all contracting political subdivisions may issue and execute those bonds, notes, or other obligations necessary to conform to and ...
- Texas Water Code Section 15.111 - Approval And Registration
The board shall not contract for the payment of the principal of or interest on or both the principal of and interest on any bonds ...
- Texas Water Code Section 15.112 - Contracts Incontestable
Contracts entered into by the board for the payment of the principal of or interest on or both the principal of and interest on bonds ...
- Texas Water Code Section 15.113 - Inspection Of Projects
(a) The board may inspect the construction of a project any time to assure that: (1) the contractor is substantially complying with the approved engineering ...
- Texas Water Code Section 15.114 - Alteration Of Plans
After approval of engineering plans, a political subdivision or federal agency shall not make any substantial or material alteration in the plans unless the executive ...
- Texas Water Code Section 15.115 - Certificate Of Approval
The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract: (1) failure to construct ...
- Texas Water Code Section 15.116 - Sale Of Bonds By The Board
The board may sell or dispose of bonds or other obligations purchased with money in the water loan assistance fund. Added by Acts 1987, 70th ...
- Texas Water Code Section 15.201 - Definitions
(a) In this subchapter: (1) "Program" means the water bond insurance program. (2) "Bonds" means bonds or other obligations of a political subdivision or water ...
- Texas Water Code Section 15.202 - Creation And Administration Of Program
(a) The water bond insurance program is created pursuant to Article III, Section 49-d-4, of the Texas Constitution to insure to holders of insured bonds ...
- Texas Water Code Section 15.203 - Eligible Bonds
(a) Only revenue, general obligation, tax, or combination bonds issued by a political subdivision or a water supply corporation for a project qualifying for assistance ...
- Texas Water Code Section 15.204 - Rules
The board shall adopt necessary rules to carry out this subchapter. Added by Acts 1985, 69th Leg., ch. 133, § 2.05. ...
- Texas Water Code Section 15.205 - Insurance
The board may pledge the general credit of the state, to the extent authorized by Article III, Section 49-d-4, of the Texas Constitution, to insure ...
- Texas Water Code Section 15.206 - Application For Insurance
(a) An issuer may apply in writing to the board for the insurance of its bonds. (b) The application must include the following information: (1) ...
- Texas Water Code Section 15.207 - Considerations In Passing On Application
In addition to criteria established in its rules, the board in passing on an application shall consider: (1) the purpose or purposes for which the ...
- Texas Water Code Section 15.208 - Approval Of Application
(a) After notice and hearing, the board by resolution may approve an application if, after considering the information in the application and presented at the ...
- Texas Water Code Section 15.209 - Contracts, Agreements, And Other Documents
(a) On approval of an application, the board shall enter into a contract with the issuer for the insurance of the bonds on terms and ...
- Texas Water Code Section 15.210 - Limitation On Insurance Coverage
(a) Except as provided by Subsection (c) of this section, the total principal balance of all insurance coverage issued by the board and outstanding may ...
- Texas Water Code Section 15.211 - Insurance Fees
(a) The board shall adopt a schedule of fees to be charged an issuer for insurance coverage provided under this subchapter. (b) Fees charged by ...
- Texas Water Code Section 15.212 - Payment By State
(a) On receipt by the executive administrator from the paying agent for any insured bond of a written notice by registered or certified mail that ...
- Texas Water Code Section 15.213 - Refunding Bonds
Without the express written consent of the board, insurance provided by the board under this subchapter shall not extend to refunding bonds issued to replace ...
- Texas Water Code Section 15.214 - Inspection Of Projects
(a) The board may inspect at any time the construction of a project being constructed with proceeds of revenue bonds insured by the board to ...
- Texas Water Code Section 15.215 - Alteration Of Plans
After approval of engineering plans, a political subdivision or water supply corporation may not make any substantial or material alteration in the plans unless the ...
- Texas Water Code Section 15.216 - Certificate Of Approval
The board may consider the following as grounds for refusal to give a certificate of approval for any construction contract: (1) failure to construct the ...
- Texas Water Code Section 15.217 - Open Records And Open Meetings Laws
Water supply corporations receiving any assistance under this Act are subject to Chapter 552, Government Code, and Chapter 551, Government Code. Added by Acts 1985, ...
- Texas Water Code Section 15.218 - Report
(a) Not later than January 1 of each odd-numbered year, the board shall prepare and submit to the governor, lieutenant governor, and speaker of the ...
- Texas Water Code Section 15.301 - Fund Created
There is created a fund in the state treasury to be known as the storage acquisition fund which is to be funded by direct appropriations ...
- Texas Water Code Section 15.302 - Authorized Projects
(a) The board may use the storage acquisition fund for projects including the design, acquisition, lease, construction, reconstruction, development, or enlargement in whole or part ...
- Texas Water Code Section 15.303 - Joint Ventures
The board may act singly or in a joint venture in partnership with any political subdivision, with the United States, or with any other state ...
- Texas Water Code Section 15.304 - Permits Required
Except as provided by Section 15.3041 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial ...
- Texas Water Code Section 15.3041 - Reservation And Appropriation For Bays And Estuaries And Instream Uses
(a) Five percent of the annual firm yield of water in any reservoir and associated works constructed with state financial participation under this chapter within ...
- Texas Water Code Section 15.305 - Storing Water
The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other ...
- Texas Water Code Section 15.306 - Board Findings
Before the board may acquire storage facilities in any reservoir, the board shall find affirmatively that: (1) it is reasonable to expect that the state ...
- Texas Water Code Section 15.3061 - Recommendations For Funding By Legislature
(a) If money is not available in the fund to provide money for projects approved under this subchapter, the board shall prepare and submit with ...
- Texas Water Code Section 15.307 - Facilities Wanted By Political Subdivision
The board shall not acquire any facility to the extent that the board finds that the political subdivision: (1) is willing and reasonably able to ...
- Texas Water Code Section 15.308 - Contracts: General Authority
(a) The board may execute contracts which include but are not limited to the design, management, acquisition, lease, construction, reconstruction, development, enlargement, operation, or maintenance, ...
- Texas Water Code Section 15.309 - Specific Contracts Authorized
Contracts authorized by Section 15.308 of this code include but are not limited to the following: (1) federal grants or grants from other sources; (2) ...
- Texas Water Code Section 15.310 - Contracts: Facilities Acquired For A Term Of Years
If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment. ...
- Texas Water Code Section 15.311 - Maintenance Contracts
The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and ...
- Texas Water Code Section 15.312 - Recreational Facilities
The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the ...
- Texas Water Code Section 15.313 - Board May Sell Or Lease Projects
(a) The board may sell, transfer, or lease, to the extent of its ownership, a project acquired, constructed, reconstructed, developed, or enlarged with money from ...
- Texas Water Code Section 15.314 - Permit Required
Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure a permit for water use from the ...
- Texas Water Code Section 15.315 - Contract Must Be Negotiated
The commission may issue a term permit until the applicant has executed a contract with the board for acquisition of the facilities. Added by Acts ...
- Texas Water Code Section 15.316 - Reservoir Land
The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission. Added ...
- Texas Water Code Section 15.317 - Price Of Sale
(a) The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1981, other than a facility acquired ...
- Texas Water Code Section 15.318 - Price Of Sale: Facilities Acquired Under Contracts With The United States
(a) The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1981, under a contract with the ...
- Texas Water Code Section 15.319 - Costs Defined
With reference to the sale of a state facility, "direct cost of acquisition" means the principal amount the board has paid plus the amounts the ...
- Texas Water Code Section 15.320 - Lease Payments
In leasing a state facility for a term of years, the board shall require annual payments not less than the total of: (1) the annual ...
- Texas Water Code Section 15.321 - Sale Or Lease: Condition Precedent
(a) No sale, transfer, or lease of a state facility is valid unless the board first makes the following affirmative findings: (1) that the applicant ...
- Texas Water Code Section 15.322 - Disposition Of Proceeds
(a) The money received from any sale, transfer, or lease of facilities, or in the case of a sale or transfer involving revenue bonds, the ...
- Texas Water Code Section 15.323 - Sale Of Stored Water
(a) The board may sell any unappropriated public water of the state and other water acquired by the state that is stored by or for ...
- Texas Water Code Section 15.324 - Sale Contract: Provisions, Limitations
(a) The board may determine the consideration and other provisions to be included in water sale contracts, but the consideration and other provisions shall be ...
- Texas Water Code Section 15.325 - Emergency Releases Of Water
(a) All water owned by the board in any facility may be released at the discretion of the board, with or without charge, to relieve ...
- Texas Water Code Section 15.326 - Preferences
The board shall give political subdivisions a preferential right, but not an exclusive right, to purchase, acquire, or lease facilities and to purchase water from ...
- Texas Water Code Section 15.327 - Lease Of Land Prior To Project Construction
The board may lease tracts of land acquired for project purposes for a term of years for any purpose not inconsistent with ultimate project construction. ...
- Texas Water Code Section 15.328 - Lease Contribution Equivalent To Taxes
The lease may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments. Added ...
- Texas Water Code Section 15.329 - Inspection Of Projects
(a) The board may inspect the construction of a project any time to assure that: (1) the contractor is substantially complying with the approved engineering ...
- Texas Water Code Section 15.330 - Alteration Of Plans
After approval of engineering plans, a political subdivision shall not make any substantial or material alteration in the plans unless the executive administrator authorizes the ...
- Texas Water Code Section 15.331 - Certificate Of Approval
The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract: (1) failure to construct ...
- Texas Water Code Section 15.401 - Program Creation
The research and planning program is created to provide money for research into and planning of the proper conservation, management, and development of the state's ...
- Texas Water Code Section 15.402 - Research And Planning Fund
The research and planning fund is created in the state treasury to be funded by direct appropriation and at the discretion of the board from ...
- Texas Water Code Section 15.403 - Rules
The board shall adopt rules to carry out this chapter. Added by Acts 1981, 67th Leg., 1st C.S., p. 102, ch. 12, § 1, eff. ...
- Texas Water Code Section 15.404 - Research Contracts
(a) The board may enter into a contract with any person for research into any matter relating to the conservation and development of the state's ...
- Texas Water Code Section 15.405 - Planning Contracts
(a) The board may enter into contracts with political subdivisions to pay from the research and planning fund all or part of the cost of ...
- Texas Water Code Section 15.406 - Regional Facility Planning
(a) The board may enter into contracts with political subdivisions to pay from the research and planning fund all or part of the cost of ...
- Texas Water Code Section 15.4061 - Funding For Regional Water Plans
(a) The board may enter into contracts with political subdivisions designated as representatives of a regional water planning group under Section 16.053(c) of this code ...
- Texas Water Code Section 15.407 - Facility Engineering In Economically Distressed Areas
(a) In this section, "economically distressed area" and "political subdivision" have the meanings assigned by Section 17.921. (b) The board may enter into contracts with ...
- Texas Water Code Section 15.601 - Creation Of Fund
(a) The state water pollution control revolving fund shall be administered by the board under this subchapter and rules adopted by the board. The fund ...
- Texas Water Code Section 15.602 - Definitions
In this subchapter: (1) "Additional state revolving fund" means any state revolving fund hereafter established by the board to provide financial assistance to political subdivisions ...
- Texas Water Code Section 15.603 - Creation And Administration Of Program
(a) The revolving fund is held separately from other funds by the board outside the State Treasury to provide financial assistance to political subdivisions for ...
- Texas Water Code Section 15.604 - Financial Assistance Under The Revolving Fund
(a) The board may use the revolving fund for financial assistance only as provided by the federal act: (1) to make loans, on the conditions ...
- Texas Water Code Section 15.6041 - Financial Assistance Under The Safe Drinking Water Revolving Fund
(a) The safe drinking water revolving fund shall be administered by the board under this subchapter and rules adopted by the board. The safe drinking ...
- Texas Water Code Section 15.605 - Rules
The board shall adopt necessary rules to carry out this subchapter. Added by Acts 1987, 70th Leg., ch. 420, § 1, eff. June 17, 1987. ...
- Texas Water Code Section 15.606 - Lending Rate
The board shall determine and provide for the lending rates to be charged on loans from the revolving fund. Added by Acts 1987, 70th Leg., ...
- Texas Water Code Section 15.607 - Approval Of Application
On review of recommendations by the executive administrator, the board by resolution may approve an application if the board finds that in its opinion the ...
- Texas Water Code Section 15.608 - Approval And Registration
The board may not buy or refinance any bonds or securities or guarantee or purchase insurance for bonds or securities of political subdivisions that have ...
- Texas Water Code Section 15.609 - Recovery Of Administrative Costs
(a) The board may charge a recipient of financial assistance from the revolving fund or an additional state revolving fund an origination fee and an ...
- Texas Water Code Section 15.610 - Linked Deposit
A linked deposit is a deposit governed by a written deposit agreement between the board and an eligible lending institution that provides that: (1) the ...
- Texas Water Code Section 15.611 - Linked Deposit Program
(a) The board by rule may establish a nonpoint source pollution control linked deposit program in accordance with this subchapter. (b) An eligible lending institution ...
- Texas Water Code Section 15.612 - Application By Eligible Lending Institutions To Participate In Linked Deposit Program
To participate in the nonpoint source pollution control linked deposit program, an eligible lending institution must: (1) solicit loan applications, which must contain a description ...
- Texas Water Code Section 15.613 - Certification Of Project
(a) An eligible lending institution must obtain from a director of a soil and water conservation district certification of an agricultural or silvicultural nonpoint source ...
- Texas Water Code Section 15.614 - Approval Or Rejection Of Application
The board may approve or reject an application of an eligible lending institution to participate in the program. The board may delegate its authority to ...
- Texas Water Code Section 15.615 - Deposit Agreement
If the board approves an application of an eligible lending institution, the board and the eligible lending institution shall enter into a written deposit agreement. ...
- Texas Water Code Section 15.616 - Compliance
(a) On accepting a linked deposit, an eligible lending institution must lend money to an approved applicant in accordance with the deposit agreement and this ...
- Texas Water Code Section 15.617 - State Liability Prohibited
The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to ...
- Texas Water Code Section 15.618 - Limitations On Program
(a) The maximum amount of a loan under the linked deposit program is $250,000. (b) The board may withdraw linked deposits from an eligible lending ...
- Texas Water Code Section 15.701 - Definitions
In this subchapter: (1) "Deposit" means the placement of a water right or the right to use water in the water bank for transfer. (2) ...
- Texas Water Code Section 15.702 - Creation Of Bank
The Texas Water Development Board shall establish the Texas Water Bank. The board shall administer the water bank to facilitate water transactions to provide sources ...
- Texas Water Code Section 15.703 - Operation Of The Bank; Rules
(a) The board may take all actions necessary to operate the water bank and to facilitate the transfer of water rights from the water bank ...
- Texas Water Code Section 15.7031 - Texas Water Trust
(a) The Texas Water Trust is established within the water bank to hold water rights dedicated to environmental needs, including instream flows, water quality, fish ...
- Texas Water Code Section 15.704 - Transfers And Conditions
(a) A water right may be deposited in the water bank for an initial term of up to 10 years, unless otherwise held in the ...
- Texas Water Code Section 15.705 - Fees
(a) The board may charge a transaction fee per transfer not to exceed one percent of the value of the water or water right received ...
- Texas Water Code Section 15.706 - Reports
The commission and the board shall provide ready access by the other agency through manual or computer capabilities to all water rights permits, final water ...
- Texas Water Code Section 15.707 - Water Bank Account
(a) The water bank account is created as a special account in the water assistance fund and is composed of: (1) money appropriated to the ...
- Texas Water Code Section 15.708 - Other Transfers
Nothing in this subchapter shall prevent the sale or purchase of water or water rights by or through persons or entities outside of the water ...
- Texas Water Code Section 15.731 - Definitions
In this subchapter: (1) "Fund" means the plumbing loan fund. (2) "Plumbing assistance loan" means a loan provided by the board to a political subdivision ...
- Texas Water Code Section 15.732 - Plumbing Loan Fund
(a) The plumbing loan fund is created. (b) The fund is held separately from other funds outside the state treasury. The board shall keep and ...
- Texas Water Code Section 15.733 - Administration And Operation Of Fund
(a) The board shall administer the fund in accordance with state law, rules of the board, and any federal requirements imposed because of a grant ...
- Texas Water Code Section 15.734 - Use Of Fund
The board may use money in the fund, unless prohibited by an agreement made with a federal agency under this subchapter, to: (1) make a ...
- Texas Water Code Section 15.735 - Application Submission And Approval
(a) A political subdivision located in the county of Brewster, Cameron, El Paso, Hidalgo, Hudspeth, Maverick, Presidio, Starr, Terrell, Val Verde, Webb, or Zapata in ...
- Texas Water Code Section 15.736 - Political Subdivision Plumbing Improvement Loan Program Administration; Plumbing Assistance Loan Repayment
(a) A political subdivision that receives a plumbing assistance loan shall establish and administer a program to make plumbing improvement loans to individuals at an ...
- Texas Water Code Section 15.737 - Rules
The board may adopt rules necessary to carry out this subchapter. Added by Acts 1991, 72nd Leg., ch. 294, § 6, eff. June 7, 1991. ...
- Texas Water Code Section 15.801 - Definitions
In this subchapter: (1) "Account" means the hydrographic survey account established under Section 15.802 of this code. (2) "Program" means the hydrographic survey program established ...
- Texas Water Code Section 15.802 - Hydrographic Survey Account
The hydrographic survey account is created as a special account in the water assistance fund and is composed of: (1) money appropriated to the board ...
- Texas Water Code Section 15.803 - Use Of Account
Money in the account may be used only to pay the costs of surveys, the costs of insurance for watercraft and capital equipment, and the ...
- Texas Water Code Section 15.804 - Hydrographic Surveys
(a) On the request of a political subdivision or agency of this state or a neighboring state or a federal agency, the board may perform ...
- Texas Water Code Section 15.805 - Rules
The board may adopt any rules reasonably necessary to administer the program. Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.062, eff. ...
- Texas Water Code Section 15.851 - Definitions
In this subchapter: (1) "Approved local plan" means a local plan authorized by Section 11.083, Parks and Wildlife Code, that has been approved by the ...
- Texas Water Code Section 15.852 - Creation Of Fund
(a) The aquatic vegetation management fund is a special account in the water assistance fund. (b) The fund consists of: (1) money appropriated to the ...
- Texas Water Code Section 15.853 - Use Of Fund
(a) Money in the fund may be used only for the following purposes, in the following order of priority: (1) grants to the Parks and ...
- Texas Water Code Section 15.854 - Rules
The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for application for and award of grants, distribution of grants, and ...
- Texas Water Code Section 15.901 - Definitions
In this subchapter: (1) "Fund" means the disadvantaged rural community water and wastewater financial assistance fund. (2) Repealed by Acts 2005, 79th Leg., ch. 1151, ...
- Texas Water Code Section 15.902 - Disadvantaged Rural Community Water And Wastewater Financial Assistance Fund
(a) The disadvantaged rural community water and wastewater financial assistance fund is an account in the water assistance fund. (b) The fund consists of: (1) ...
- Texas Water Code Section 15.903 - Financial Assistance
(a) The fund may be used by the board to provide grants or loans of financial assistance to political subdivisions or water supply corporations for ...
- Texas Water Code Section 15.904 - Use Of Sales Tax As Loan Security
(a) A political subdivision or water supply corporation may pledge a percentage of its revenue to the payment of debt incurred under a loan agreement ...
- Texas Water Code Section 15.905 - Review And Approval Of Loan Agreement By Attorney General
(a) Before a loan agreement may become effective, a record of the proceedings of the board and the political subdivision or water supply corporation authorizing ...
- Texas Water Code Section 15.906 - Registration
On receipt of the documents required by Section 15.905(b), the comptroller shall register the record of the proceedings relating to the execution of a loan ...
- Texas Water Code Section 15.907 - Validity And Incontestability
On approval by the attorney general and registration by the comptroller, the loan agreement, the promissory note, a contract providing revenue or security, and any ...
- Texas Water Code Section 15.908 - Enforcement By Mandamus
Payment of obligations incurred under a loan agreement and other requirements of this subchapter may be enforced in a court by mandamus or other appropriate ...
- Texas Water Code Section 15.909 - Rules
The board shall adopt necessary rules to administer this subchapter, including rules establishing procedures for application for and award of loans or grants. Added by ...
- Texas Water Code Section 15.910 - Application For Assistance
(a) In an application to the board for financial assistance from the fund, a political subdivision or water supply corporation must include: (1) its name ...
- Texas Water Code Section 15.911 - Findings Regarding Permits
(a) The board may not release funds for the construction phase of that portion of a project that proposes surface water or groundwater development until ...
- Texas Water Code Section 15.912 - Considerations In Acting On Application
In acting on an application for financial assistance, the board shall consider: (1) the needs of the area to be served by the project and ...
- Texas Water Code Section 15.913 - Approval Of Application
The board by resolution may approve an application for a loan or grant if, after considering the factors listed in Section 15.912 and any other ...
- Texas Water Code Section 15.914 - Construction Contract Requirements
A political subdivision or water supply corporation receiving financial assistance under this subchapter shall require in all contracts for the construction of a project that: ...
- Texas Water Code Section 15.915 - Filing Construction Contract
The political subdivision or water supply corporation shall file with the board a certified copy of each construction contract it enters into for the construction ...
- Texas Water Code Section 15.916 - Inspection Of Projects
(a) The board may inspect the construction of a project at any time to assure that: (1) the contractor is substantially complying with the approved ...
- Texas Water Code Section 15.917 - Alteration Of Plans
After the executive administrator approves the engineering plans, a political subdivision or water supply corporation may not make any substantial or material alteration in the ...
- Texas Water Code Section 15.918 - Certificate Of Approval
The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract: (1) failure to construct ...
- Texas Water Code Section 15.920 - Authority Of Political Subdivisions Or Water Supply Corporations
Political subdivisions or water supply corporations that receive financial assistance from the fund are granted all necessary authority to enter into grant agreements or loan ...
- Texas Water Code Section 15.951 - Definitions
In this subchapter: (1) "Account" means the colonia self-help account. (2) "Colonia" means a geographic area that: (A) is an economically distressed area as defined ...
- Texas Water Code Section 15.952 - Creation Of Account
(a) The colonia self-help account is an account in the water assistance fund that may be used by the board only for the purposes of ...
- Texas Water Code Section 15.953 - Use Of Account
(a) The board may use funds in the account only to reimburse nonprofit organizations eligible under Section 15.954 for expenses incurred in a self-help project ...
- Texas Water Code Section 15.954 - Eligible Nonprofit Organizations
To be eligible to receive a grant under the program, an organization must: (1) apply for the grant; (2) qualify for an exemption from federal ...
- Texas Water Code Section 15.955 - Grant Application
An eligible nonprofit organization must apply to the board for a grant under the program before incurring any expense associated with a self-help project described ...
- Texas Water Code Section 15.956 - Board Considerations In Evaluating Grant Application
In evaluating an application for a grant under the program, the board shall consider: (1) the number, quality, and character of projects previously completed by ...
- Texas Water Code Section 15.957 - Action On Grant Application
(a) Not later than the 60th day after the date the board receives a complete application for a grant under the program, the board by ...
- Texas Water Code Section 15.958 - Rules
The board shall adopt rules necessary to administer the program established under this subchapter. Added by Acts 2001, 77th Leg., ch. 1234, § 23, eff. ...
- Texas Water Code Section 15.959 - Co-Administration
The program shall be co-administered by the office of the secretary of state until the second anniversary of the date on which the program begins ...
- Texas Water Code Section 15.971 - Definitions
In this subchapter: (1) "Eligible political subdivision" means: (A) a municipality; (B) a county; (C) a river authority or special law district that is listed ...
- Texas Water Code Section 15.972 - Findings
The legislature finds that: (1) the creation of the fund and the administration of the fund by the board will encourage the conservation and development ...
- Texas Water Code Section 15.973 - Water Infrastructure Fund
(a) The water infrastructure fund is a special fund in the state treasury to be administered by the board under this subchapter and rules adopted ...
- Texas Water Code Section 15.974 - Use Of Water Infrastructure Fund
(a) The board may use the fund: (1) to make loans to political subdivisions at or below market interest rates for projects; (2) to make ...
- Texas Water Code Section 15.975 - Approval Of Applications
(a) On review and recommendation by the executive administrator, the board by resolution may approve an application if the board finds that: (1) the application ...
- Texas Water Code Section 15.976 - Applicable Law
Subchapter E, Chapter 17, applies to financial assistance made available from the fund, except that the board may also execute contracts as necessary to evidence ...
- Texas Water Code Section 15.977 - Rules
The board shall adopt rules necessary to carry out this subchapter, including rules establishing procedures for application for and for the award of financial assistance, ...
- Texas Water Code Section 15.978 - Sale Of Political Subdivision Bonds
(a) The board may sell or dispose of political subdivision bonds at the price and under the terms that the board determines to be reasonable. ...
- Texas Water Code Section 15.979 - Funding For Local Economic Development
(a) The board may use the fund to provide financial assistance to an eligible political subdivision to enable the political subdivision to fund loans and ...
- Texas Water Code Section 15.980 - Authority To Establish Economic Development Programs
(a) An eligible political subdivision may establish economic development programs and make loans and grants of public funds to assist in providing projects within the ...
- Texas Water Code Section 15.981 - Certain Obligations Restricted
An eligible political subdivision may not sell or incur obligations to fund an economic development program established under authority granted by Section 15.980 that are ...
- Texas Water Code Section 15.991 - Purpose
The legislature finds that the rural areas of the state, characterized by small populations extended over disproportionately large service areas, require a means of financing ...
- Texas Water Code Section 15.992 - Definitions
In this subchapter: (1) "District" means a conservation or reclamation district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (2) ...
- Texas Water Code Section 15.993 - Fund
The rural water assistance fund is a special fund in the state treasury. The fund consists of: (1) money directly appropriated to the board; (2) ...
- Texas Water Code Section 15.994 - Use Of Fund
(a) The fund may be used to provide low-interest loans to rural political subdivisions for water or water-related projects and for water quality enhancement projects, ...
- Texas Water Code Section 15.995 - Financial Assistance
(a) The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for the application for and award of loans, the distribution ...
- Texas Water Code Section 16.001 - Definitions
In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Chairman" means the chairman ...
- Texas Water Code Section 16.002 - Open Meetings And Open Records Laws
Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code. Added ...
- Texas Water Code Section 16.011 - General Responsibilities Of The Executive Administrator
The executive administrator shall determine the responsibilities of each administrative division of the board and its staff in carrying out the authority, duties, and functions ...
- Texas Water Code Section 16.012 - Studies, Investigations, Surveys
(a) The executive administrator shall make studies, investigations, and surveys of the occurrence, quantity, quality, and availability of the surface water and groundwater of this ...
- Texas Water Code Section 16.0121 - Water Audits
(a) In this section, "retail public utility" has the meaning assigned by Section 13.002. (b) Every five years, a retail public utility providing potable water ...
- Texas Water Code Section 16.013 - Engineering, Hydrologic, And Geologic Functions
The executive administrator shall advise and assist the board and the commission with regard to engineering, hydrologic, and geologic matters concerning the water resources of ...
- Texas Water Code Section 16.014 - Silt Load Of Streams, Etc
The executive administrator shall determine the silt load of streams, make investigations and studies of the duty of water, and make surveys to determine the ...
- Texas Water Code Section 16.015 - Studies Of Underground Water Supply
The executive administrator may make studies and investigations of the physical characteristics of water-bearing formations and of the sources, occurrence, quantity, and quality of the ...
- Texas Water Code Section 16.016 - Pollution Of Red River Tributaries
Within the limits of available money and facilities, the executive administrator shall study salt springs, gypsum beds, and other sources of natural pollution of the ...
- Texas Water Code Section 16.017 - Topographic And Geologic Mapping
The executive administrator shall carry out the program for topographic and geologic mapping of the state. Amended by Acts 1977, 65th Leg., p. 2207, ch. ...
- Texas Water Code Section 16.018 - Soil Resource Planning
The executive administrator may contract with the State Soil Conservation Board for joint investigation and research in the field of soil resource planning. The State ...
- Texas Water Code Section 16.019 - Cooperative Agreements
With the approval of the board, the executive administrator may negotiate and execute contracts with persons or with federal, state, or local agencies for joint ...
- Texas Water Code Section 16.020 - Master Plans Of Districts, Etc
The executive director shall review and analyze master plans and other reports of conservation districts, river authorities, and state agencies and shall make its recommendations ...
- Texas Water Code Section 16.021 - Texas Natural Resources Information System
(a) The executive administrator shall establish the Texas Natural Resources Information System (TNRIS) to serve Texas agencies and citizens as a centralized clearinghouse and referral ...
- Texas Water Code Section 16.022 - Water Conservation Study
(a) The board and the State Soil and Water Conservation Board shall jointly conduct a study of the ways to improve or expand water conservation ...
- Texas Water Code Section 16.051 - State Water Plan: Drought, Conservation, Development, And Management; Effect Of Plan
(a) Not later than January 5, 2002, and before the end of each successive five-year period after that date, the board shall prepare, develop, formulate, ...
- Texas Water Code Section 16.053 - Regional Water Plans
(a) The regional water planning group in each regional water planning area shall prepare a regional water plan, using an existing state water plan identified ...
- Texas Water Code Section 16.054 - Local Water Planning
(a) Notwithstanding the provisions of this subsection, groundwater districts are the state's preferred method of managing groundwater resources. It is the policy of the state ...
- Texas Water Code Section 16.055 - Drought Response Plan
(a) The coordinator of the division of emergency management of the office of the governor is the state drought manager. The state drought manager is ...
- Texas Water Code Section 16.0551 - State Drought Preparedness Plan
(a) The drought preparedness council shall develop and implement a comprehensive state drought preparedness plan for mitigating the effects of drought in the state and ...
- Texas Water Code Section 16.056 - Federal Assistance In Financing Regional Water Plans
The executive administrator may take all necessary action to qualify for federal assistance in financing the development and improvement of the regional water plans. Amended ...
- Texas Water Code Section 16.058 - Collection Of Bays And Estuaries Data; Conduct Of Studies
(a) The Parks and Wildlife Department and the board shall have joint responsibility, in cooperation with other appropriate governmental agencies, to establish and maintain on ...
- Texas Water Code Section 16.059 - Collection Of Instream Flow Data; Conduct Of Studies
(a) The Parks and Wildlife Department, the commission, and the board, in cooperation with other appropriate governmental agencies, shall jointly establish and continuously maintain an ...
- Texas Water Code Section 16.060 - Desalination Studies And Research
(a) The board shall undertake or participate in research, feasibility and facility planning studies, investigations, and surveys as it considers necessary to further the development ...
- Texas Water Code Section 16.091 - Designation Of Board
The board is designated as the state agency to cooperate with the Corps of Engineers of the United States Army and the Bureau of Reclamation ...
- Texas Water Code Section 16.092 - Local Sponsors For Projects
(a) When a project is proposed for planning or development by the board, the Corps of Engineers of the United States Army, or the Bureau ...
- Texas Water Code Section 16.093 - Participation In Federal Programs
(a) The board may execute agreements with the United States Environmental Protection Agency or its successor agency and any other federal agency that administers programs ...
- Texas Water Code Section 16.131 - Authorized Projects
The board may use the state participation account of the development fund to encourage optimum regional development of projects including the design, acquisition, lease, construction, ...
- Texas Water Code Section 16.132 - Joint Ventures
The board may act singly or in a joint venture in partnership with any person or entity, including any agency or political subdivision of this ...
- Texas Water Code Section 16.133 - Permits Required
Except as provided by Section 16.1331 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial ...
- Texas Water Code Section 16.1331 - Reservation And Appropriation For Bays And Estuaries And Instream Uses
(a) Five percent of the annual firm yield of water in any reservoir and associated works constructed with state financial participation under this chapter within ...
- Texas Water Code Section 16.134 - Storing Water
The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other ...
- Texas Water Code Section 16.1341 - Payment For Releases And Pass-Throughs From State Reservoirs
(a) If the commission orders, for the purpose of maintaining the ecological health of any bay and estuary system, a release or pass-through of appropriated ...
- Texas Water Code Section 16.135 - Board Findings
Before the board may acquire a facility or interest in a facility, the board shall find affirmatively that: (1) it is reasonable to expect that ...
- Texas Water Code Section 16.1351 - Recreational Access
If the board is acquiring an interest in a storage facility, it must also find affirmatively that the applicant has a plan to provide adequate ...
- Texas Water Code Section 16.136 - Facilities Wanted By Political Subdivision
The board may acquire all or part of any authorized facility to the extent that the board finds that the political subdivision: (1) is willing ...
- Texas Water Code Section 16.137 - Contracts: General Authority
(a) The board may execute contracts to the full extent that contracts are constitutionally authorized and not limited for the design, management, acquisition, lease, construction, ...
- Texas Water Code Section 16.138 - Specific Contracts Authorized
Contracts authorized by Section 16.137 of this code shall include but are not limited to the following: (1) contracts secured by the general credit of ...
- Texas Water Code Section 16.139 - Contracts: Facilities Acquired For A Term Of Years
If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment. ...
- Texas Water Code Section 16.140 - Maintenance Contracts
The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and ...
- Texas Water Code Section 16.141 - Recreational Facilities
The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the ...
- Texas Water Code Section 16.142 - Recovery Of Administrative Costs
(a) The board may charge an administrative fee to a political subdivision with which the board agrees to participate in a project under this subchapter. ...
- Texas Water Code Section 16.181 - Board May Sell Or Lease Projects
(a) The board may sell, transfer, or lease, to the extent of its ownership, a project acquired, constructed, reconstructed, developed, or enlarged with money from ...
- Texas Water Code Section 16.182 - Permit Required
Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure a permit for water use from the ...
- Texas Water Code Section 16.183 - Permit: Paramount Consideration Of Commission
In passing on an application for a permit under this subchapter whether it proposes a use of water inside or outside the watershed of the ...
- Texas Water Code Section 16.184 - Contract Must Be Negotiated
The commission shall not issue the permit until the applicant has executed a contract with the board for acquisition of the facilities. Amended by Acts ...
- Texas Water Code Section 16.185 - Reservoir Land
The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission. Amended ...
- Texas Water Code Section 16.186 - Price Of Sale
(a) The price of the sale or transfer of a state facility acquired prior to September 1, 1977, other than a facility acquired under a ...
- Texas Water Code Section 16.187 - Price Of Sale: Facilities Acquired Under Contracts With The United States
(a) The price of the sale or transfer of a facility acquired prior to September 1, 1977, under a contract with the United States shall ...
- Texas Water Code Section 16.1871 - Acquisition Date
(a) If the board has made an initial payment prior to September 1, 1977, to acquire a state facility, other than a facility acquired under ...
- Texas Water Code Section 16.188 - Costs Defined
With reference to the sale of a state facility, "direct cost of acquisition" means the principal amount the board has paid or agreed to pay ...
- Texas Water Code Section 16.189 - Lease Payments
In leasing a state facility for a term of years, the board shall require payments that will recover over the lease period not less than ...
- Texas Water Code Section 16.190 - Sale Or Lease: Condition Precedent
(a) No sale, transfer, or lease of a state facility is valid unless the board first makes the following affirmative findings: (1) that the applicant ...
- Texas Water Code Section 16.191 - Disposition Of Proceeds
(a) The money received from any sale, transfer, or lease of facilities as cash, or in the case of a sale or transfer involving revenue ...
- Texas Water Code Section 16.192 - Sale Of Stored Water
The board may sell any unappropriated public water of the state and other water acquired by the state that is stored by or for it. ...
- Texas Water Code Section 16.193 - Permit
(a) The board may not sell the water stored in a facility to any person who has not obtained a permit from the commission. The ...
- Texas Water Code Section 16.194 - Sale Contract: Provisions, Limitations
(a) The board may determine the consideration and other provisions to be included in water sale contracts, but the consideration and other provisions shall be ...
- Texas Water Code Section 16.195 - Emergency Releases Of Water
Unappropriated water and other water of the state stored in any facility acquired by and under the control of the board may be released without ...
- Texas Water Code Section 16.196 - Preferences
The board shall give political subdivisions a preferential right, but not an exclusive right, to purchase, acquire, or lease facilities and to purchase water from ...
- Texas Water Code Section 16.197 - Lease Of Land Prior To Project Construction
The board may lease tracts of land acquired for project purposes for a term of years for any purpose not inconsistent with ultimate project construction. ...
- Texas Water Code Section 16.198 - Lease Contributions Equivalent To Taxes
The lease may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments. Amended ...
- Texas Water Code Section 16.231 - Design Of Improvements Or System Of Improvements
Insofar as possible, improvements necessary to reclaim overflowed land, swampland, and other land in this state that is not suitable for use because of temporary ...
- Texas Water Code Section 16.232 - Location Of Projects; Reports
The executive director shall maintain files reflecting engineering reports, studies, drawings, and staff findings and recommendations pertaining to the location and effect of reclamation projects. ...
- Texas Water Code Section 16.233 - Cooperation With Other Agencies
In performing functions that are a part of duties assigned to the commission or board by this code or other law, the executive director, with ...
- Texas Water Code Section 16.234 - Advice To Districts
The executive director shall confer with districts requesting technical advice on the adequate execution of proposed levee and drainage improvements. Formerly § 16.236, amended by ...
- Texas Water Code Section 16.235 - Districts To File Information With Commission
Immediately before having its bonds approved by the attorney general, each drainage district and levee improvement district shall file with the commission, on forms furnished ...
- Texas Water Code Section 16.236 - Construction Of Levee Without Approval Of Plans; Levee Safety
(a) No person may construct, attempt to construct, cause to be constructed, maintain, or cause to be maintained any levee or other such improvement on, ...
- Texas Water Code Section 16.237 - Administrative Penalty; Civil Remedy
(a) If a person violates a commission rule or order adopted under Section 16.236 of this code, the commission may assess an administrative penalty against ...
- Texas Water Code Section 16.271 - Improvement Of Streams And Canals And Construction Of Facilities Within Cypress Creek Drainage Basin
The board may improve streams and canals and construct all waterways and other facilities necessary to provide for navigation within the Cypress Creek drainage basin ...
- Texas Water Code Section 16.272 - Long-Term Contracts With The United States
The board may execute long-term contracts with the United States or any of its agencies for the acquisition and development of improvements and facilities under ...
- Texas Water Code Section 16.273 - Temporary Authority To Act For District
The board may act in behalf of a local district or districts until they can take over the project or projects in accordance with the ...
- Texas Water Code Section 16.311 - Short Title
This subchapter may be cited as the Flood Control and Insurance Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. ...
- Texas Water Code Section 16.312 - Purpose
The State of Texas recognizes the personal hardships and economic distress caused by flood disasters since it has become uneconomic for the private insurance industry ...
- Texas Water Code Section 16.313 - Definitions
In this subchapter: (1) "Political subdivision" means any political subdivision or body politic and corporate of the State of Texas and includes any county, river ...
- Texas Water Code Section 16.314 - Cooperation Of Commission
In recognition of the necessity for a coordinated effort at all levels of government, the commission shall cooperate with the Federal Emergency Management Agency in ...
- Texas Water Code Section 16.3145 - National Flood Insurance Program Orders Or Ordinances
The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to ...
- Texas Water Code Section 16.315 - Political Subdivisions; Compliance With Federal Requirements
All political subdivisions are hereby authorized to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance ...
- Texas Water Code Section 16.316 - Coordination Of Local, State, And Federal Programs By Commission
(a) The commission shall aid, advise, and coordinate the efforts of present and future political subdivisions endeavoring to qualify for participation in the National Flood ...
- Texas Water Code Section 16.317 - Cooperation Of Texas Department Of Insurance
Pursuant to the National Flood Insurance Program, the Texas Department of Insurance shall aid, advise, and cooperate with political subdivisions, the commission, and the Federal ...
- Texas Water Code Section 16.318 - Rules
Political subdivisions which qualify for the National Flood Insurance Program, the Texas Department of Insurance, and the commission may adopt and promulgate reasonable rules which ...
- Texas Water Code Section 16.319 - Qualification
Political subdivisions wishing to qualify under the National Flood Insurance Program shall have the authority to do so by complying with the directions of the ...
- Texas Water Code Section 16.320 - Coastal Erosion
The Commissioner of the General Land Office is authorized to perform all acts necessary to develop and implement a program for certification of structures subject ...
- Texas Water Code Section 16.321 - Coastal Flooding
The Commissioner of the General Land Office shall adopt and enforce reasonable rules and regulations necessary for protection from flooding on barrier islands, peninsulas, and ...
- Texas Water Code Section 16.322 - Civil Penalty
A person who violates this subchapter or a rule adopted or order issued under this subchapter is subject to a civil penalty of not more ...
- Texas Water Code Section 16.3221 - Criminal Penalty
(a) A person commits an offense if the person violates this subchapter. (b) An offense under this section is a Class C misdemeanor. (c) Each ...
- Texas Water Code Section 16.323 - Enforcement By Political Subdivision
(a) If it appears that a person has violated, is violating, or is threatening to violate this subchapter or a rule adopted or order issued ...
- Texas Water Code Section 16.324 - County Authority To Set Fee
The commissioners court of a county may set a reasonable fee for the county's issuance of a permit authorized by this subchapter for which a ...
- Texas Water Code Section 16.341 - Definitions
In this subchapter: Text of section as amended by Acts 2005, 79th Leg., ch. 708, § 15. (1) "Affected county" means a county: (A) that ...
- Texas Water Code Section 16.342 - Rules
(a) The board shall adopt rules that are necessary to carry out the program provided by Subchapter K, Chapter 17, of this code and rules: ...
- Texas Water Code Section 16.343 - Minimum State Standards And Model Political Subdivision Rules
(a) The board shall, after consultation with the attorney general and the commission, prepare and adopt model rules to assure that minimum standards for safe ...
- Texas Water Code Section 16.344 - Oversight
(a) The board shall monitor the performance of a political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code to ensure ...
- Texas Water Code Section 16.345 - Authority To Participate In Program
(a) A political subdivision may exercise any authority necessary to participate in a program under Section 15.407 of this code or Subchapter K, Chapter 17, ...
- Texas Water Code Section 16.346 - Examination Of Ability Of A District To Provide Services And Financing
(a) In connection with an application under Subchapter K, Chapter 17, of this code, the board may consider and make any necessary investigations and inquiries ...
- Texas Water Code Section 16.347 - Requirement Of Imposition Of Distressed Areas Water Financing Fee
(a) In this section: (1) "Distressed areas water financing fee" means a fee imposed by a political subdivision on undeveloped property. (2) "Undeveloped property" means ...
- Texas Water Code Section 16.348 - Setting Of Fee By Political Subdivision; Lien; Delinquent Fees
(a) Before a political subdivision may set the amount of or impose a fee under Section 16.347 of this code, the political subdivision shall hold ...
- Texas Water Code Section 16.349 - Fees
(a) A political subdivision that receives financial assistance may charge persons in an economically distressed area in which water supply and sewer services are furnished ...
- Texas Water Code Section 16.350 - Eligible Counties And Municipalities To Adopt Rules
(a) A county or municipality that applies for or receives funds or financial assistance under Section 15.407 of this code or Subchapter K, Chapter 17, ...
- Texas Water Code Section 16.351 - Contract Preference
A political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code shall give preference in the award of political subdivision contracts ...
- Texas Water Code Section 16.352 - Enforcement Of Rules
A person who violates a rule adopted by a municipality or county under this subchapter or under Subchapter B or C, Chapter 232, Local Government ...
- Texas Water Code Section 16.353 - Injunction
(a) In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or ...
- Texas Water Code Section 16.3535 - Damages
In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the ...
- Texas Water Code Section 16.354 - Attorney General Enforcement
In addition to the ability of any political subdivision to enforce this subchapter, the attorney general may file suit to: (1) enforce a rule adopted ...
- Texas Water Code Section 16.3545 - Venue
A suit brought under this subchapter for injunctive relief or the recovery of a civil penalty or damages may be brought in a district court ...
- Texas Water Code Section 16.355 - Authority Over Facilities
A political subdivision may construct, contract for construction, operate, or contract with any person for operation of any water supply or sewer services or facilities ...
- Texas Water Code Section 16.356 - Use Of Revenue From Operation Of Water Supply Or Sewer Service Projects
(a) A political subdivision that receives financial assistance from the economically distressed areas program under Subchapter K, Chapter 17, may not use any revenue received ...
- Texas Water Code Section 17.001 - Definitions
In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Executive administrator" means the ...
- Texas Water Code Section 17.002 - Open Meetings And Open Records Laws
Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code. Added ...
- Texas Water Code Section 17.003 - Bond Review
(a) Bonds may not be issued under this chapter after January 1, 1988, and proceeds of bonds issued after January 1, 1988, may not be ...
- Texas Water Code Section 17.011 - Issuance Of Water Development Bonds
(a) The board, by resolution, from time to time may provide for the issuance of negotiable bonds in an aggregate amount not to exceed $400 ...
- Texas Water Code Section 17.0111 - Dedication Of Certain Bonds
No more than $250 million in principal amount of bonds authorized by Article III, Section 49-d-7, of the Texas Constitution, and issued under either that ...
- Texas Water Code Section 17.0112 - Authorization Of Certain Bonds For Financial Assistance
(a) The board may issue not more than $25 million in bonds dedicated under Section 17.0111 of this code and may issue not more than ...
- Texas Water Code Section 17.012 - Description Of Bonds
The bonds shall be on a parity and shall be called Texas Water Development Bonds. The board may issue them in one or several installments ...
- Texas Water Code Section 17.013 - Sale Price Of Bonds
The board may sell an installment or series of bonds at prices determined by the board. Amended by Acts 1977, 65th Leg., p. 2207, ch. ...
- Texas Water Code Section 17.014 - Interest On Bonds
(a) The bonds of each issue shall bear interest payable annually or semiannually at the option of the board. (b) The board may authorize bonds ...
- Texas Water Code Section 17.015 - Form, Denomination, Place Of Payment
The board shall: (1) determine the form of the bonds, including the form of any interest coupons to be attached; (2) fix the denomination of ...
- Texas Water Code Section 17.016 - Maturity Of Bonds
The bonds of each issue shall mature, serially or otherwise, not more than 50 years from their date of issuance. Amended by Acts 1977, 65th ...
- Texas Water Code Section 17.017 - Redemption Before Maturity
In the resolution providing for the issuance of bonds, the board may fix the price, terms, and conditions for redemption of bonds before maturity. Amended ...
- Texas Water Code Section 17.018 - Registered And Bearer Bonds
The resolution may provide for registration of the bonds as to ownership, successive conversion and reconversion from registered to bearer bonds, and successive conversion and ...
- Texas Water Code Section 17.019 - Notice Of Bond Sale
After the board decides to call for bids for the sale of bonds, the board shall publish an appropriate notice of the sale at least ...
- Texas Water Code Section 17.020 - Competitive Bids
The board shall sell the bonds only after competitive bidding to the highest and best bidder. The board may reject any or all bids. Amended ...
- Texas Water Code Section 17.021 - Security For Bids
The board shall require every bidder, except administrators of state funds, to include with the bid an exchange or cashier's check for a sum the ...
- Texas Water Code Section 17.022 - Approval Of Bonds; Registration
Before bonds are delivered to the purchasers, the bonds and the record pertaining to their issuance shall be submitted to the attorney general for his ...
- Texas Water Code Section 17.023 - Execution Of Bonds
The bonds shall be executed on behalf of the board as general obligations of the state in the following manner: the chairman of the board ...
- Texas Water Code Section 17.024 - Facsimile Signatures And Seals
The resolution authorizing the issuance of an installment or series of bonds may prescribe the extent to which the board in executing the bonds and ...
- Texas Water Code Section 17.025 - Signature Of Former Officer
If an officer whose manual or facsimile signature appears on a bond or whose facsimile signature appears on any coupon ceases to be an officer ...
- Texas Water Code Section 17.026 - Bonds Incontestable
After approval by the attorney general, registration by the comptroller, and delivery to the purchasers, the bonds are incontestable and constitute general obligations of the ...
- Texas Water Code Section 17.027 - Payment By Comptroller
The comptroller shall pay the principal of the bonds as they mature and the interest as it becomes payable. Amended by Acts 1977, 65th Leg., ...
- Texas Water Code Section 17.028 - Payment Enforceable By Mandamus
Payment of the bonds and performance of official duties prescribed by Article III, Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-6, and 49-d-7, of the Texas Constitution ...
- Texas Water Code Section 17.029 - Refunding Bonds
The board may provide by resolution for the issuance of refunding bonds to refund outstanding bonds issued under this chapter and their accrued interest. The ...
- Texas Water Code Section 17.030 - Bonds Negotiable Instruments
The bonds issued under the provisions of this chapter are negotiable instruments under the laws of this state. Amended by Acts 1977, 65th Leg., p. ...
- Texas Water Code Section 17.031 - Bonds Not Taxable
Bonds issued under this chapter, the income from the bonds, and the profit made on their sale are free from taxation within the state. Amended ...
- Texas Water Code Section 17.032 - Authorized Investments
Bonds issued under this chapter are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) building and loan associations; (5) ...
- Texas Water Code Section 17.033 - Security For Deposit Of Funds
Bonds issued under this chapter when accompanied by all appurtenant unmatured coupons are lawful and sufficient security for all deposits of funds of the state ...
- Texas Water Code Section 17.034 - Mutilated, Lost, Destroyed Bonds
The board may provide for the replacement of any mutilated, lost, or destroyed bond. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § ...
- Texas Water Code Section 17.035 - Subchapter Cumulative Of Other Laws
(a) This subchapter is cumulative of other laws on the subject, and the board may use provisions of other applicable laws in the issuance of ...
- Texas Water Code Section 17.071 - Disposition Of Money Received
All money received by the board shall be deposited in the State Treasury and credited to the proper special fund as provided in this subchapter. ...
- Texas Water Code Section 17.072 - Development Fund
(a) The Texas Water Development Fund, referred to as the "development fund," is a special revolving fund in the State Treasury. (b) Except as provided ...
- Texas Water Code Section 17.073 - Water Development And Economically Distressed Areas Clearance Funds
(a) The Texas Water Development Clearance Fund, referred to as the "clearance fund," is a special fund in the State Treasury. Transfers shall be made ...
- Texas Water Code Section 17.074 - Interest And Sinking Fund
The Texas Water Development Bonds Interest and Sinking Fund, referred to as the "interest and sinking fund," is a special fund in the State Treasury ...
- Texas Water Code Section 17.0741 - Economically Distressed Areas Interest And Sinking Fund
(a) The Economically Distressed Areas Interest and Sinking Fund is a special fund in the State Treasury to be used to pay debt service on ...
- Texas Water Code Section 17.075 - Administrative Fund
The Texas Water Development Board Administrative Fund, referred to as the "administrative fund," is a special fund in the State Treasury. From sources specified in ...
- Texas Water Code Section 17.076 - Combined Facilities Operation And Maintenance Fund
(a) The Combined Facilities Operation and Maintenance Fund is a special fund in the State Treasury. (b) Money received from the sale of water, standby ...
- Texas Water Code Section 17.077 - Credits To Clearance Funds
(a) Except as provided by Subsection (b) of this section, and except for proceeds from the sale of bonds and proceeds from the sale, refunding, ...
- Texas Water Code Section 17.078 - Transfers At End Of Fiscal Year
(a) Not later than 15 days after the end of each fiscal year, any money credited to the clearance fund at the end of the ...
- Texas Water Code Section 17.079 - Transfers To Interest And Sinking Fund
(a) The board shall determine: (1) the amount of interest coming due on all bonds outstanding, except for those dedicated pursuant to Section 17.0111 of ...
- Texas Water Code Section 17.0791 - Transfers To Economically Distressed Areas Interest And Sinking Fund
(a) The board shall determine: (1) the amount of interest coming due on all bonds outstanding dedicated pursuant to Section 17.0111 of this code; (2) ...
- Texas Water Code Section 17.080 - Additional Funds For Payment Of Bonds
(a) If the amount transferred from the clearance fund plus the money and securities in the interest and sinking fund are insufficient to pay the ...
- Texas Water Code Section 17.081 - Transfers To Administrative Fund
If money remains in the clearance fund or the economically distressed areas clearance fund after making the transfers provided in Section 17.079 of this code, ...
- Texas Water Code Section 17.082 - Transfers To Development Fund
If money remains in the clearance fund or the economically distressed areas clearance fund after making the transfers provided in Sections 17.079, 17.0791, and 17.081 ...
- Texas Water Code Section 17.0821 - Transfers To Revolving Funds
(a) In order to meet requirements of Title VI of the Federal Water Pollution Control Act, the board may direct the comptroller to transfer amounts ...
- Texas Water Code Section 17.083 - Investment Of Reserve Money
The board may invest any money credited to the development fund and not immediately required for its intended use and money in the interest and ...
- Texas Water Code Section 17.084 - Limitation On Board Investment
The board is bound to the extent that the resolution authorizing the issuance of the bonds further restricts the investment of money in bonds of ...
- Texas Water Code Section 17.085 - Sale Of Securities
All of the bonds and obligations owned in the interest and sinking fund, in the economically distressed areas interest and sinking fund, or in the ...
- Texas Water Code Section 17.086 - Transfers To Be Made By Comptroller
The comptroller shall make the transfers required by this subchapter. Amended by Acts 1987, 70th Leg., ch. 1103, § 1, eff. Sept. 1, 1987. ...
- Texas Water Code Section 17.0871 - Sale Of Political Subdivision Bonds To The Texas Water Resources Finance Authority
(a) Notwithstanding any other provision of this chapter, the board may sell to the Texas Water Resources Finance Authority any political subdivision bonds purchased with ...
- Texas Water Code Section 17.121 - Financial Assistance
The water supply account may be used by the board to provide financial assistance to political subdivisions for the construction, acquisition, or improvement of water ...
- Texas Water Code Section 17.122 - Application For Assistance
(a) In an application to the board for financial assistance for a water supply project, the applicant shall include: (1) the name of the political ...
- Texas Water Code Section 17.123 - Findings Regarding Permits
(a) The board shall not release funds for the construction of that portion of a project that proposes surface water or groundwater development until the ...
- Texas Water Code Section 17.124 - Considerations In Passing On Applications
In passing on an application from a political subdivision for financial assistance for a water supply project, the board shall consider: (1) the needs of ...
- Texas Water Code Section 17.125 - Approval Of Application
(a) The board by resolution may approve an application if, after considering the factors listed in Section 17.124 of this code and any other relevant ...
- Texas Water Code Section 17.127 - Limitation On Use Of Funds
If there is insufficient money available to fund all applications under this subchapter, the board shall give preference to applications for political subdivisions that the ...
- Texas Water Code Section 17.128 - Recreational Access
If the board is providing financial assistance for a water storage project, it must also find affirmatively that the applicant has a plan to provide ...
- Texas Water Code Section 17.171 - Definition
In this subchapter, "project" includes water supply projects, treatment works, and flood control measures. Amended by Acts 1987, 70th Leg., ch. 1103, § 1, eff. ...
- Texas Water Code Section 17.172 - Applicability
This subchapter applies to financial assistance made available from the water supply account, the water quality enhancement account, the flood control account, and the economically ...
- Texas Water Code Section 17.173 - Method Of Financial Assistance
The board may provide financial assistance by using money in the water supply account, the water quality enhancement account, the flood control account, and the ...
- Texas Water Code Section 17.174 - Conditional Approval
The board may make binding commitments to provide financial assistance for any project in accordance with this code conditioned on the future availability of money ...
- Texas Water Code Section 17.175 - Bond Maturity
The board may not purchase bonds or other securities which have a maturity date more than 50 years from the date of issuance. Amended by ...
- Texas Water Code Section 17.176 - Interest Rate
(a) Except as provided in Subsection (b) of this section, bonds and securities purchased by the board on or after September 1, 1977, with money ...
- Texas Water Code Section 17.1765 - Certification Of Application
Before the board may purchase bonds or other obligations issued by a political subdivision, the political subdivision must certify to the board that the application ...
- Texas Water Code Section 17.177 - Approval And Registration
The board shall not purchase any bonds or securities that have not been approved by the attorney general and registered by the comptroller. Amended by ...
- Texas Water Code Section 17.178 - Bonds Incontestable
The bonds or other securities issued by a political subdivision are valid, binding, and incontestable after: (1) approval by the attorney general; (2) registration by ...
- Texas Water Code Section 17.179 - Security For Bonds
(a) Except as provided by Subsection (c) of this section, bonds purchased by the board shall be supported by: (1) all or part of the ...
- Texas Water Code Section 17.180 - Default
In the event of a default in payment of the principal of or interest on bonds purchased by the board or any other default as ...
- Texas Water Code Section 17.181 - Sale Of Bonds By Board
The board may sell or dispose of bonds purchased with money in the water supply account, the water quality enhancement account, the flood control account, ...
- Texas Water Code Section 17.182 - Proceeds From Sale
Unless used to pay debt service on bonds issued under this chapter, the proceeds from the sale of political subdivision bonds held by the board ...
- Texas Water Code Section 17.183 - Construction Contract Requirements
The governing body of each political subdivision receiving financial assistance from the board shall require in all contracts for the construction of a project: (1) ...
- Texas Water Code Section 17.184 - Filing Construction Contract
The political subdivision shall file with the board a certified copy of each construction contract it enters into for the construction of all or part ...
- Texas Water Code Section 17.185 - Inspection Of Projects
(a) The board may inspect the construction of a project at any time to assure that: (1) the contractor is substantially complying with the approved ...
- Texas Water Code Section 17.186 - Alteration Of Plans
After the executive administrator approves of engineering plans, a political subdivision may not make any substantial or material alteration in the plans unless the executive ...
- Texas Water Code Section 17.187 - Certificate Of Approval
The executive administrator may consider the following as grounds for refusal to give a certificate of approval for any construction contract: (1) failure to construct ...
- Texas Water Code Section 17.188 - Obtaining Financial Assistance
(a) To obtain financial assistance under this chapter, a political subdivision may authorize and issue revenue bonds for the purpose of constructing projects and sell ...
- Texas Water Code Section 17.189 - Considerations For Certain Financial Assistance
(a) If financial assistance is provided under Subchapter F, I, or K of this chapter, any treatment works to be financed under the application must ...
- Texas Water Code Section 17.271 - Purpose
The purpose of this subchapter is to provide for making loans of water quality enhancement funds authorized by Article III, Sections 49-d-1, 49-d-2, 49-d-6, and ...
- Texas Water Code Section 17.272 - Financial Assistance
The board may use water quality enhancement funds to provide financial assistance to political subdivisions for purposes of water quality enhancement. Amended by Acts 1987, ...
- Texas Water Code Section 17.273 - Authority Of Political Subdivision
A political subdivision may apply to the board for financial assistance and may use water quality enhancement funds for construction of treatment works in the ...
- Texas Water Code Section 17.274 - Application For Assistance
(a) In an application to the board for financial assistance for water quality enhancement purposes, the applicant shall include: (1) the name of the political ...
- Texas Water Code Section 17.275 - Considerations In Passing On Application
In passing on an application from a political subdivision for financial assistance for water quality enhancement purposes, the board shall consider: (1) the water quality ...
- Texas Water Code Section 17.276 - Action On Application
(a) After an application is received for financial assistance, the executive administrator shall submit the application to the board together with comments and recommendations concerning ...
- Texas Water Code Section 17.277 - Approval Of Application
(a) The board by resolution may approve an application if, after considering the factors listed in Section 17.275 of this code and any other relevant ...
- Texas Water Code Section 17.278 - Findings Regarding Permits
If an application includes a proposal for a wastewater treatment plant, the board may not deliver funds for the wastewater treatment plant until the applicant ...
- Texas Water Code Section 17.279 - Limitation On Use Of Funds
If there is insufficient money available to fund all applications under this subchapter, the board shall give preference to applications for political subdivisions that the ...
- Texas Water Code Section 17.771 - Purpose
The purpose of this subchapter is to provide for making loans of flood control funds authorized by Article III, Sections 49-d-2, 49-d-6, and 49-d-7, of ...
- Texas Water Code Section 17.772 - Financial Assistance
The board may use flood control funds to provide financial assistance to political subdivisions for purposes of structural and nonstructural flood control and the development ...
- Texas Water Code Section 17.773 - Application For Assistance
In an application to the board for financial assistance for flood control purposes, the applicant shall include: (1) the name of the political subdivision and ...
- Texas Water Code Section 17.774 - Considerations In Passing On Application
In passing on an application from a political subdivision for financial assistance for flood control purposes, the board shall consider: (1) the needs of the ...
- Texas Water Code Section 17.775 - Action On Application
(a) After an application is received for financial assistance for flood control purposes, the executive administrator shall submit the application to the board together with ...
- Texas Water Code Section 17.776 - Approval Of Application
The board by resolution may approve an application if, after considering the factors listed in Section 17.774 of this code and other relevant information, the ...
- Texas Water Code Section 17.851 - Purpose
The purpose of this subchapter is to provide for the benefit of the public additional methods for financing the conservation and development of water resources ...
- Texas Water Code Section 17.852 - Definitions
In this subchapter: (1) "Acquired obligations" means obligations of participants acquired under this subchapter. (2) "Acquired obligations resolution" means the resolution, order, ordinance, or similar ...
- Texas Water Code Section 17.853 - Texas Water Resources Fund
(a) The Texas water resources fund is in the State Treasury. (b) The fund shall be administered by the board in accordance with this subchapter, ...
- Texas Water Code Section 17.854 - Methods Of Financial Assistance
The board may use the fund to acquire obligations of political subdivisions in accordance with the purposes stated in Section 17.853 of this code. Added ...
- Texas Water Code Section 17.855 - Financial Assistance By Acquisition Of Acquired Obligations
(a) In an application to the board for financial assistance through the acquisition of acquired obligations, the participant shall include: (1) the name of the ...
- Texas Water Code Section 17.856 - Consideration In Passing On Application For Financial Assistance
In passing on an application for financial assistance for a participant, the board shall consider: (1) the needs of the area to be served by ...
- Texas Water Code Section 17.857 - Approval Of Application
(a) The board by resolution may approve an application if the board finds: (1) that the public interest requires state participation in the project; and ...
- Texas Water Code Section 17.858 - Acquisition Of Acquired Obligations
(a) If the board approves an application for financial assistance under this subchapter and is to purchase acquired obligations from a participant, the acquired obligations ...
- Texas Water Code Section 17.859 - Issuance Of Revenue Bonds By The Board
(a) The board may issue its revenue bonds for the purpose of providing money for the fund, and the money in the fund shall be ...
- Texas Water Code Section 17.871 - Definitions
In this subchapter: (1) "Bonds" means Texas agricultural water conservation bonds authorized by Article III, Section 50-d, of the Texas Constitution and issued as bonds, ...
- Texas Water Code Section 17.872 - Issuance Of Bonds
The board by resolution may provide for the issuance of negotiable bonds, to be known as Texas agricultural water conservation bonds, in an aggregate principal ...
- Texas Water Code Section 17.873 - Conditions For Issuance Of Bonds
(a) Bonds may be issued as various series and issues and shall be on a parity. (b) Bonds may mature serially or otherwise not later ...
- Texas Water Code Section 17.874 - Periodic Determination Of Interest
A bond resolution or order may provide for payment of interest at any time or the periodic determination of interest rates or interest rate periods. ...
- Texas Water Code Section 17.875 - Persons Designated To Act As Agents Of Board
(a) A bond resolution or order may delegate authority to one or more officers, employees, or agents designated by the board to act on behalf ...
- Texas Water Code Section 17.876 - Security Qualifications
The board may take any action necessary to qualify the bonds for offer and sale under the securities laws and regulations of the United States, ...
- Texas Water Code Section 17.877 - Investment Securities
The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or ...
- Texas Water Code Section 17.878 - Form Of Bonds
(a) The bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details as provided by the board in ...
- Texas Water Code Section 17.879 - Funds
(a) The bond proceeds shall be deposited in the state treasury to the credit of the fund. (b) In the resolution or order authorizing issuance ...
- Texas Water Code Section 17.880 - Sale Of Securities
(a) Loans, bonds of political subdivisions, and other obligations owned by the state and deposited in the fund or in the interest and sinking fund ...
- Texas Water Code Section 17.881 - Sale Of Obligations To Texas Water Resources Finance Authority
(a) Pursuant to Section 17.0871 and notwithstanding any other provision of this chapter, the board may sell to the Texas Water Resources Finance Authority any ...
- Texas Water Code Section 17.882 - Resolutions, Orders, Etc
(a) The orders or resolutions of the board that provide for issuing bonds may include other provisions and covenants that the board determines necessary. (b) ...
- Texas Water Code Section 17.883 - Bond Review Board
Bonds may not be issued under this subchapter unless the issuance of the bonds has been reviewed and approved by the bond review board. Prior ...
- Texas Water Code Section 17.884 - Approval Of Attorney General
The proceedings relating to the bonds issued under this subchapter are subject to review and approval by the attorney general in the same manner and ...
- Texas Water Code Section 17.885 - Bonds Incontestable
After approval of the proceedings relating to bonds issued under this subchapter by the attorney general, registration of the proceedings by the comptroller, and delivery ...
- Texas Water Code Section 17.886 - Payment And Transfers By Comptroller
(a) The comptroller shall pay the principal of the bonds as they mature and the interest on the bonds as it becomes due. (b) If ...
- Texas Water Code Section 17.887 - Refunding Bonds
(a) The board may provide by resolution for the issuance of refunding bonds to refund outstanding bonds issued under this chapter and accrued interest on ...
- Texas Water Code Section 17.888 - Mutilated, Lost, Or Destroyed Bonds
The board may provide for the replacement of mutilated, lost, or destroyed bonds. Added by Acts 1989, 71st Leg., ch. 1103, § 1, eff. Sept. ...
- Texas Water Code Section 17.889 - Eligible Security
The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. ...
- Texas Water Code Section 17.890 - Legal Investments
The bonds are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and loan associations; (5) insurance companies; (6) ...
- Texas Water Code Section 17.891 - Tax Exempt Bonds
Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under ...
- Texas Water Code Section 17.892 - Enforcement By Mandamus
Payment of the bonds and performance of official duties prescribed by Article III, Section 50-d, of the Texas Constitution and this subchapter may be enforced ...
- Texas Water Code Section 17.893 - Subchapter Cumulative Of Other Laws
(a) This subchapter is cumulative of other laws on the subject, and the board may use provisions of other applicable laws in the issuance of ...
- Texas Water Code Section 17.894 - Bond Enhancement Agreements; Payment Of Expenses
(a) The board at any time and from time to time may enter into one or more bond enhancement agreements that the board determines to ...
- Texas Water Code Section 17.895 - Sources Of Assets
The fund is composed of: (1) money and assets, including bond proceeds, attributable to the bonds; (2) investment income earned on money on deposit in ...
- Texas Water Code Section 17.896 - Repayment Proceeds
The board shall designate a transfer of repayment of principal and interest on a loan made under this subchapter to the fund, the interest and ...
- Texas Water Code Section 17.897 - Conservation Program
(a) A conservation program is: (1) an agricultural water conservation technical assistance program, including a program for an on-farm soil and water conservation plan developed ...
- Texas Water Code Section 17.898 - Conservation Project
(a) A conservation project is a project that: (1) improves water use efficiency of water delivery and application on existing irrigation systems; (2) prepares irrigated ...
- Texas Water Code Section 17.899 - Eligible Fund Uses
(a) Money in the fund, excluding money in the interest and sinking fund, may be used by the board to: (1) provide a grant to ...
- Texas Water Code Section 17.900 - Grant To State Agency
(a) A state agency seeking a grant for a conservation program or conservation project must file an application with the board. (b) In reviewing an ...
- Texas Water Code Section 17.901 - Grant Or Loan To Political Subdivision
The board may make a grant or loan to a political subdivision for a conservation program or conservation project. A political subdivision seeking a grant ...
- Texas Water Code Section 17.902 - Review Of Application For And Approval Of Grant
(a) In reviewing an application by a political subdivision for a grant, the board shall consider: (1) the degree to which the political subdivision has ...
- Texas Water Code Section 17.9021 - Application For And Approval Of Loan
(a) In reviewing an application by a political subdivision for a loan, the board shall consider the ability of the political subdivision to repay the ...
- Texas Water Code Section 17.9022 - Financing Of Grant Or Loan For Political Subdivision; Default; Venue
(a) The board may make a loan or grant available to a political subdivision in any manner the board considers economically feasible, including purchase of ...
- Texas Water Code Section 17.903 - Contract Authority
(a) A political subdivision may borrow money for the purposes of this subchapter and may adopt necessary rules to carry out this subchapter. (b) The ...
- Texas Water Code Section 17.904 - Linked Deposit
A linked deposit is a deposit governed by a written deposit agreement between the board and an eligible lending institution that provides that: (1) the ...
- Texas Water Code Section 17.905 - Linked Deposit Program
(a) The board by rule may establish an agricultural water conservation linked deposit program in accordance with this subchapter. (b) An eligible lending institution may ...
- Texas Water Code Section 17.906 - Application By Eligible Lending Institutions To Participate In Linked Deposit Program
To participate in the agricultural water conservation linked deposit program, an eligible lending institution must: (1) solicit loan applications, which must contain a description of ...
- Texas Water Code Section 17.907 - Approval Or Rejection Of Application
The board may approve or reject an application of an eligible lending institution to participate in the program. The board may delegate its authority to ...
- Texas Water Code Section 17.908 - Deposit Agreement
If the board approves an application of an eligible lending institution, the board and the eligible lending institution shall enter into a written deposit agreement. ...
- Texas Water Code Section 17.909 - Compliance
(a) On accepting a linked deposit, an eligible lending institution must lend money to an approved applicant in accordance with the deposit agreement and this ...
- Texas Water Code Section 17.910 - State Liability Prohibited
The state is not liable to an eligible lending institution for payment of the principal, interest, or any late charges on a loan made to ...
- Texas Water Code Section 17.911 - Limitations On Program
(a) The maximum amount of a loan under the linked deposit program is $250,000. (b) The board may withdraw linked deposits from an eligible lending ...
- Texas Water Code Section 17.912 - Rules
The board shall adopt rules necessary to carry out this subchapter. Applications shall be in the form and manner as provided by board rules. Added ...
- Texas Water Code Section 17.921 - Definitions
In this subchapter: (1) "Economically distressed area" means an area in which: (A) water supply or sewer services are inadequate to meet minimal needs of ...
- Texas Water Code Section 17.922 - Financial Assistance
(a) The economically distressed areas account may be used by the board to provide financial assistance to political subdivisions for the construction, acquisition, or improvement ...
- Texas Water Code Section 17.923 - County Eligibility For Financial Assistance
To be eligible for financial assistance under this subchapter, a county: (1) Repealed by Acts 2005, 79th Leg., ch. 927, § 15. (2) Repealed by ...
- Texas Water Code Section 17.927 - Application For Financial Assistance
(a) A political subdivision may apply to the board for financial assistance under this subchapter by submitting an application together with a plan for providing ...
- Texas Water Code Section 17.928 - Findings Regarding Permits
(a) The board shall not release funds for the construction of that portion of a project that proposes surface water or groundwater development until the ...
- Texas Water Code Section 17.929 - Considerations In Passing On Application
(a) In passing on an application for financial assistance, the board shall consider: (1) the need of the economically distressed area to be served by ...
- Texas Water Code Section 17.930 - Approval Or Disapproval Of Application
(a) The board may issue a decision to approve an application contingent on changes being made to the plan submitted with the application. (b) After ...
- Texas Water Code Section 17.931 - Application Amendment
(a) A political subdivision may request the board in writing to approve a change to or a modification of the budget or project plan included ...
- Texas Water Code Section 17.932 - Method Of Financial Assistance
(a) The board may provide financial assistance to political subdivisions by using money in the economically distressed areas account to purchase political subdivision bonds. (b) ...
- Texas Water Code Section 17.933 - Terms Of Financial Assistance
(a) The board may use money in the economically distressed areas account to provide financial assistance to a political subdivision in the form of a ...
- Texas Water Code Section 17.934 - Sewer Connections
(a) Notwithstanding any other law, a political subdivision that is located in a county in which a political subdivision has received financial assistance under this ...
- Texas Water Code Section 17.935 - Grant Standards
The Uniform Grant and Contract Management Act of 1981 (Article 4413(32g), Vernon's Texas Civil Statutes) does not apply to financial assistance provided under this subchapter. ...
- Texas Water Code Section 17.936 - Recovery Of Economically Distressed Area Impact Fees
(a) It is the intent of the legislature that a private developer not unduly benefit from the expenditure by the state of public funds on ...
- Texas Water Code Section 17.951 - Definitions
In this subchapter: (1) "Fund" means the Texas Water Development Fund II. (2) "Resolution" means any resolution or order approved by the board authorizing the ...
- Texas Water Code Section 17.952 - Issuance Of Water Financial Assistance Bonds
The board by resolution may provide for the issuance of water financial assistance bonds, which shall be general obligation bonds of the state, in an ...
- Texas Water Code Section 17.953 - Conditions For Issuance Of Water Financial Assistance Bonds
(a) Water financial assistance bonds may be issued as various series and issues. (b) Water financial assistance bonds may mature, serially or otherwise, not later ...
- Texas Water Code Section 17.954 - Bond Enhancement Agreements; Payment Of Expenses
(a) The board at any time and from time to time may enter into one or more bond enhancement agreements that the board determines to ...
- Texas Water Code Section 17.955 - Persons Designated To Act As Agents Of Board
(a) In the resolution the board may delegate authority to one or more officers, employees, or agents designated by the board to act on behalf ...
- Texas Water Code Section 17.956 - Texas Water Development Fund Ii
The fund is a special fund in the state treasury, and all water financial assistance bond proceeds shall be deposited in the state treasury to ...
- Texas Water Code Section 17.957 - State Participation Account
(a) The Texas Water Development Fund II state participation account, referred to as the "state participation account," is an account established within the fund in ...
- Texas Water Code Section 17.958 - Economically Distressed Areas Program Account
(a) The Texas Water Development Fund II economically distressed areas program account, referred to as the "economically distressed areas program account," is an account established ...
- Texas Water Code Section 17.959 - Financial Assistance Account
(a) The Texas Water Development Fund II water financial assistance account, referred to as the "financial assistance account," is an account established within the fund ...
- Texas Water Code Section 17.960 - Bond Resolutions
(a) In the resolution, the board may make additional covenants with respect to water financial assistance bonds and may provide for: (1) the flow of ...
- Texas Water Code Section 17.961 - Transfers To Revolving Funds
(a) In order to implement and administer a revolving loan program established under Title VI of the Federal Water Pollution Control Act (33 U.S.C. Section ...
- Texas Water Code Section 17.9615 - Transfers To Rural Water Assistance Fund
(a) The board may direct the comptroller to transfer amounts from the financial assistance account to the rural water assistance fund to provide financial assistance ...
- Texas Water Code Section 17.9616 - Transfer To Water Infrastructure Fund
(a) The board may direct the comptroller to transfer amounts from the financial assistance account to the water infrastructure fund to provide financial assistance under ...
- Texas Water Code Section 17.962 - State Approvals
(a) Water financial assistance bonds may not be issued under this subchapter unless such issuance has been reviewed and approved by the bond review board. ...
- Texas Water Code Section 17.963 - Payment Of Board Obligations
(a) The board shall cooperate with the comptroller to develop procedures for the payment of principal and interest on water financial assistance bonds and any ...
- Texas Water Code Section 17.964 - Eligible Security
Water financial assistance bonds are eligible to secure deposits of public funds of the state and political subdivisions of the state. Water financial assistance bonds ...
- Texas Water Code Section 17.965 - Legal Investments
Water financial assistance bonds are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and loan associations; (5) insurance ...
- Texas Water Code Section 17.966 - Mutilated, Lost, Or Destroyed Bonds
The board may provide for the replacement of mutilated, lost, or destroyed water financial assistance bonds. Added by Acts 1997, 75th Leg., ch. 1010, § ...
- Texas Water Code Section 17.967 - Refunding Bonds
(a) The board by resolution may provide for the issuance of water financial assistance bonds to refund outstanding bonds and water financial assistance bonds issued ...
- Texas Water Code Section 17.968 - Sale Of Political Subdivision Bonds By The Board; Use Of Proceeds
(a) The board may sell or dispose of political subdivision bonds purchased with money in the fund to any person, including the Texas Water Resources ...
- Texas Water Code Section 17.969 - Tax Exempt Bonds
Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, water financial assistance bonds ...
- Texas Water Code Section 17.970 - Enforcement By Mandamus
Payment of water financial assistance bonds and obligations incurred under bond enhancement agreements and performance of official duties prescribed by Section 49-d-8, Article III, Texas ...
- Texas Water Code Section 17.971 - Subchapter Cumulative Of Other Laws
(a) This subchapter is cumulative of other laws on the subject, and the board may use provisions of other applicable laws in the issuance of ...
- Texas Water Code Section 17.991 - Definitions
In this subchapter: (1) "Operating entity" means the governing body of a political subdivision responsible for providing water supply and sewer services and the management ...
- Texas Water Code Section 17.992 - Training For Applicants
The board may require the operating entity of a political subdivision that applies for financial assistance under Subchapter K to complete a training program approved ...
- Texas Water Code Section 17.993 - Training For Operating Entities
(a) The commission or the board may evaluate whether an operating entity needs training if the operating entity: (1) requests financial assistance or an amendment ...
- Texas Water Code Section 17.994 - Training Requirements
(a) The board by order shall require an operating entity to undergo appropriate training if the board: (1) determines that training is necessary under Section ...
- Texas Water Code Section 19.001 - Policy
It is the policy, intent, and determination of the legislature that: (1) Texas urgently needs an offshore deepwater port capable of accommodating supertankers for the ...
- Texas Water Code Section 19.002 - Definitions
In this chapter: (1) "General manager" means the General Manager of the Texas Deepwater Port Authority. (2) "Authority" means the Texas Deepwater Port Authority. (3) ...
- Texas Water Code Section 19.003 - Authorization For Deepwater Port
In order to insure that the policy stated in this chapter is not circumvented, the Texas Deepwater Port Authority created by this chapter shall not ...
- Texas Water Code Section 19.004 - Expiration
If the governor has not made the finding and issued the executive order provided in Section 19.003 of this code, all provisions of this chapter, ...
- Texas Water Code Section 19.005 - Tidelands
None of the provisions of this chapter shall be interpreted or construed to affect Texas's claim to its tidelands or the location of Texas's coastline ...
- Texas Water Code Section 19.011 - Texas Deepwater Port Authority
The Texas Deepwater Port Authority is created as an agency of the state and pursuant to Article XVI, Section 59, Subsection (a) of the Texas ...
- Texas Water Code Section 19.012 - Commissioners; Appointment
The authority shall be governed by a board of commissioners with nine members, who shall be appointed by the governor with the advice and consent ...
- Texas Water Code Section 19.013 - Terms Of Office; Vacancies
(a) Of the initial appointees to the board, the governor shall designate three persons to serve until January 31, 1979, three persons to serve until ...
- Texas Water Code Section 19.014 - Officers
(a) Before June 1 of each even-numbered year, the board of commissioners shall elect a chairman, except for the initial election of chairman which shall ...
- Texas Water Code Section 19.015 - Board Meetings
(a) The board shall meet at least once every three months and may hold other meetings at the call of the chair or of five ...
- Texas Water Code Section 19.016 - Compensation And Expenses
Each commissioner is entitled to receive reimbursement for travel and other necessary expenses resulting from the performance of his duties under this chapter and is ...
- Texas Water Code Section 19.017 - Powers And Duties Of The Board; Delegation
(a) The board shall formulate general policy to govern the authority and its activities. (b) The board shall exercise the powers and duties of the ...
- Texas Water Code Section 19.018 - General Manager
(a) The board shall employ a general manager to serve at the pleasure of the board. (b) The general manager shall be the chief administrative ...
- Texas Water Code Section 19.019 - Employees; Compensation; Etc
(a) The general manager shall employ necessary attorneys, accountants, engineers, technical personnel, and other employees as the board may consider necessary. (b) In employing persons ...
- Texas Water Code Section 19.020 - Rules
The board shall, after proper notice and hearings, adopt rules governing the conduct of authority operations and the manner of carrying out its powers, duties, ...
- Texas Water Code Section 19.021 - Documents, Etc.; Open For Inspection
(a) All information, documents, and data collected by the authority in the performance of its duties are open to inspection by any person to the ...
- Texas Water Code Section 19.036 - Securing Of License
(a) Prior to the acquisition of any facilities, the sale of any bonds or notes, or the borrowing of any money, the authority shall secure ...
- Texas Water Code Section 19.037 - Engineering And Environmental Studies
Concurrent with any applications for licenses and permits for the construction and operation of a deepwater port facility, the authority shall conduct or cause to ...
- Texas Water Code Section 19.038 - Financial Feasibility
After securing all necessary licenses and permits to enable the acquisition, construction, and operation of a deepwater port facility, the authority shall conduct a study ...
- Texas Water Code Section 19.039 - Final Report Of Commission; Submission Of Report To Governor
After consideration of the studies required by Sections 19.036 through 19.038 of this code, the authority shall determine whether or not the facility is feasible ...
- Texas Water Code Section 19.040 - Submission To Natural Resources Council
On receiving the report containing the findings of the authority, the governor shall transmit a copy of the report to the Natural Resources Council. The ...
- Texas Water Code Section 19.041 - Action By The Governor
The governor shall, within 120 days after the report of the authority is received, either approve or disapprove the findings of the authority. If the ...
- Texas Water Code Section 19.042 - Approval Necessary For Construction And Issuance Of Bonds
Prior to the acquisition of any property or construction of any facilities to be used as a part of a deepwater port facility, the sale ...
- Texas Water Code Section 19.051 - General Powers And Duties
(a) The authority has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities. ...
- Texas Water Code Section 19.052 - Specific Powers And Duties
(a) In addition to its powers and duties under Section 19.051 of this code, the authority shall have the following specific powers and duties as ...
- Texas Water Code Section 19.053 - State-Owned Water Bottoms; Lease; Etc
(a) The School Land Board shall lease to the authority state-owned water bottoms that are necessary for the construction, operation, and maintenance of a deepwater ...
- Texas Water Code Section 19.054 - Development Of A Deepwater Port
(a) The authority shall, as soon as possible after the effective date of this chapter: (1) have designed, licensed, developed, built, operated, maintained, or modified ...
- Texas Water Code Section 19.055 - Authority Contracts
(a) The authority may let any contracts for the purchase of materials, machinery, and equipment to constitute the plant, works, facilities, and improvements of a ...
- Texas Water Code Section 19.101 - Protection Of The Environment
(a) The authority shall take all reasonable steps to protect the coastal environment and the high seas from any short-term or long-term damage or harm ...
- Texas Water Code Section 19.131 - General Provisions
The authority may: (1) borrow money from time to time for any corporate purpose or in aid of any corporate purpose; (2) issue and sell ...
- Texas Water Code Section 19.132 - Form And Terms Of Bonds And Notes
(a) Bonds and notes issued under the provisions of this chapter together with any interest coupons shall be authorized by resolution of the board and ...
- Texas Water Code Section 19.133 - Execution Of Bonds, Notes, And Coupons
(a) Bonds or notes issued under the provisions of this chapter shall be signed by the chairman or vice-chairman of the board, be attested by ...
- Texas Water Code Section 19.134 - Security Provisions, Etc
(a) The bonds or notes may be secured by a pledge of all or any part of the revenues or receipts of the authority or ...
- Texas Water Code Section 19.135 - Provisions Of Resolution
A resolution authorizing bonds or notes or a trust indenture under which bonds or notes may be issued may contain provisions, which shall be a ...
- Texas Water Code Section 19.136 - Default Provisions
The resolution authorizing the issuance of the bonds or notes or the trust indenture or other instrument securing them may provide that in the event ...
- Texas Water Code Section 19.137 - Additional Security
(a) Any bonds or notes, including refunding bonds, authorized by this chapter may be additionally secured by a trust indenture under which the trustee may ...
- Texas Water Code Section 19.138 - Bond Proceeds
(a) The board may direct the investment of money in the funds created by the resolutions, trust indentures, or other instruments securing the bonds or ...
- Texas Water Code Section 19.139 - Depository
Any bank or trust company located in this state and incorporated under the laws of the United States or any state in the United States ...
- Texas Water Code Section 19.140 - Refunding
(a) The board may provide by resolution for the issuance of refunding bonds or notes to refund outstanding bonds or notes issued under this chapter ...
- Texas Water Code Section 19.141 - Approval And Registration Of Bonds And Notes
(a) After bonds and notes, including refunding bonds and notes, are authorized by the board, those bonds and notes and the record relating to their ...
- Texas Water Code Section 19.142 - Incontestability
After the bonds or notes, and the leases or other contracts, if any, have been approved by the attorney general, and the bonds and notes ...
- Texas Water Code Section 19.143 - Duties Enforceable By Mandamus
Payment of any bonds and notes according to the term and tenor, performance of agreements with the holders of bonds or notes or any person ...
- Texas Water Code Section 19.144 - Bonds Negotiable
Bonds issued under the provisions of this chapter and coupons, if any, representing interest on those bonds, shall, when delivered, be deemed and construed to ...
- Texas Water Code Section 19.145 - Bonds And Notes Not Taxable
Bonds and notes issued under the provisions of this chapter, the interest on the bonds and notes, and the profit from the sale of the ...
- Texas Water Code Section 19.146 - Authorized Investments
Bonds and notes issued under this chapter are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) building and loan ...
- Texas Water Code Section 19.147 - Security For Deposit Of Funds
Bonds and notes issued under the provisions of this chapter, when accompanied by all appurtenant unmatured coupons if any, are lawful and sufficient security for ...
- Texas Water Code Section 19.148 - Source Of Repayment
Bonds and notes issued under the provisions of this chapter together with the interest on the bonds and notes shall be secured by and payable ...
- Texas Water Code Section 19.149 - State Credit Not Pledged
(a) The provisions of this chapter shall not be construed to authorize the giving or lending of the credit of the state or to be ...
- Texas Water Code Section 20.001 - Legislative Purpose And Policy
(a) The legislature declares that it is the policy of the state to: (1) encourage and assist in the conservation and development of the water ...
- Texas Water Code Section 20.002 - Definitions And Construction
In this subchapter: (1) "Authority" means the Texas Water Resources Finance Authority. (2) "Authorized investments" means: (A) direct obligations of or obligations the principal of ...
- Texas Water Code Section 20.011 - Creation Of Authority
(a) The Texas Water Resources Finance Authority is created as a governmental entity and a body politic and corporate. (b) The exercise of the powers ...
- Texas Water Code Section 20.012 - Board Of Directors
(a) The authority is governed by a board of directors composed of the six directors of the development board. (b) Each director serves on the ...
- Texas Water Code Section 20.013 - Compensation; Reimbursement
The directors are not entitled to receive compensation for their service on the board but are entitled to be reimbursed for their expenses in performing ...
- Texas Water Code Section 20.014 - Organization Of Board
(a) The board shall select from its membership one person to serve as chairman and one person to serve as vice-chairman. (b) The person selected ...
- Texas Water Code Section 20.015 - Board Meetings
(a) The board shall hold regular meetings at times provided by its rules and shall meet at least once each calendar year. (b) The board ...
- Texas Water Code Section 20.016 - Rules And Resolutions
The board may adopt rules that are necessary to carry out this chapter and may take official action by adoption of a resolution or order. ...
- Texas Water Code Section 20.017 - Liability
A director or officer of the authority is not liable for any bonds issued or contracts executed by the authority. Added by Acts 1987, 70th ...
- Texas Water Code Section 20.018 - General Fiscal Authority
The board may acquire, hold, invest and reinvest in authorized investments, deposit, use, and dispose of the authority's revenues, income, receipts, funds, and money from ...
- Texas Water Code Section 20.019 - Property Tax Exempt
(a) The property of the authority, its income, and its operations are exempt from all taxes and assessments imposed by the state and political subdivisions ...
- Texas Water Code Section 20.020 - Fiscal Year; Annual Audit
(a) The authority shall operate on a fiscal year beginning September 1. (b) The state auditor may audit the authority's books and accounts, based on ...
- Texas Water Code Section 20.021 - Authority Expenses
(a) Expenses incurred by the authority under this Act shall be paid solely from revenues or funds provided or to be provided under this chapter. ...
- Texas Water Code Section 20.022 - Suits
The authority may sue and be sued in the courts of this state in the name of the authority, and the courts shall take judicial ...
- Texas Water Code Section 20.023 - Seal
The board may adopt a seal for the authority. Added by Acts 1987, 70th Leg., ch. 728, § 1, eff. June 20, 1987. ...
- Texas Water Code Section 20.041 - General Powers And Duties
The authority may exercise any authority necessary or appropriate to carry out the purposes of this chapter. Added by Acts 1987, 70th Leg., ch. 728, ...
- Texas Water Code Section 20.042 - Gifts, Grants, Etc
The board may request and accept for the authority grants, allocations, subsidies, guaranties, aid, contributions, services, labor, materials, gifts, and donations. Added by Acts 1987, ...
- Texas Water Code Section 20.043 - Contracts
The board on behalf of the authority may enter into contracts with any person to carry out this chapter. Added by Acts 1987, 70th Leg., ...
- Texas Water Code Section 20.044 - Purchase Of Insurance
The board may purchase for the authority and pay premiums on insurance of any type, in any amounts, and from any insurers the board considers ...
- Texas Water Code Section 20.045 - Contracts With Development Board
The authority may enter into contracts with the development board and with consultants as necessary to perform the functions provided by this chapter. Added by ...
- Texas Water Code Section 20.071 - Purchase Of Political Subdivision Bonds
The board may purchase political subdivision bonds including bonds that are acquired or owned by the development board. Added by Acts 1987, 70th Leg., ch. ...
- Texas Water Code Section 20.072 - Acquisition Of Certain Development Board Bonds
If the board agrees to purchase political subdivision bonds from the development board that have not been purchased by the development board at the time ...
- Texas Water Code Section 20.073 - Price And Terms Of Purchase
The board shall purchase political subdivision bonds at prices and under terms the board determines to be reasonable. Added by Acts 1987, 70th Leg., ch. ...
- Texas Water Code Section 20.074 - Revenue Bonds
(a) The board may issue revenue bonds in the name of the authority to finance the cost of acquisition of political subdivision bonds and to ...
- Texas Water Code Section 20.075 - Contract For Obtaining Compliance With Political Subdivision Bonds
The board shall enter into a contract with the development board for the development board to perform the functions required to ensure that the political ...
- Texas Water Code Section 20.076 - Enforcement Of Political Subdivision Bonds
(a) If there is a default in the payment of principal of or interest on political subdivision bonds purchased by the authority or any other ...
- Texas Water Code Section 20.101 - Issuance Of Bonds
For the issuance of bonds under this chapter, the board may exercise the authority granted to the governing body of an issuer with regard to ...
- Texas Water Code Section 20.102 - Conditions For Issuance Of Bonds
(a) Bonds may be issued as various series and issues. (b) Bonds issued by the authority may mature serially or otherwise not later than 50 ...
- Texas Water Code Section 20.103 - Periodic Determination Of Interest
A bond resolution or order may provide for the periodic determination of interest rates without the board being required to give specific approval. Added by ...
- Texas Water Code Section 20.104 - Persons Designated To Act As Agents Of Board
(a) A bond resolution or order may delegate to one or more officers, employees, or agents designated by the board authority to act on behalf ...
- Texas Water Code Section 20.105 - Security Qualifications
The board may take any action necessary to qualify the authority bonds for offer and sale under the securities laws and regulations of the United ...
- Texas Water Code Section 20.106 - Investment Securities
The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or ...
- Texas Water Code Section 20.107 - Form Of Bonds
(a) The authority's bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details as provided by the board ...
- Texas Water Code Section 20.108 - Funds
(a) In the resolution or order authorizing issuance of bonds, the board may make additional covenants with respect to the bonds and the pledged revenues ...
- Texas Water Code Section 20.109 - Resolutions, Orders, Etc
(a) The resolutions or orders authorizing the bonds may prohibit the further issuance of bonds or other obligations payable from the pledged revenue or may ...
- Texas Water Code Section 20.110 - Approval Of Attorney General
The bonds issued under this chapter are subject to review and approval by the attorney general in the same manner and with the same effect ...
- Texas Water Code Section 20.111 - Bond Review Board
(a) Bonds may not be issued under this section unless the issuance has been reviewed and approved by the bond review board. The bond review ...
- Texas Water Code Section 20.112 - Refunding Bonds
(a) The board may issue refunding bonds to refund all or part of its outstanding bonds issued under this chapter, including matured but unpaid interest. ...
- Texas Water Code Section 20.113 - Eligible Security
The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. ...
- Texas Water Code Section 20.114 - Legal Investments
The bonds are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and loan associations; (5) insurance companies; (6) ...
- Texas Water Code Section 20.115 - Tax Exempt
Since the authority is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under ...
- Texas Water Code Section 20.116 - Pledge Of State Faith And Credit; Covenant With Owners Of Bonds
(a) The authority's bonds are obligations solely of the authority and are payable solely from funds of the authority, and this chapter and the authority's ...
- Texas Water Code Section 20.117 - Enforcement By Mandamus
A writ of mandamus and all other legal and equitable remedies are available to any party at interest to require the authority and any other ...
- Texas Water Code Section 26.001 - Definitions
Text of section effective until delegation of NPDES permit authority As used in this chapter: (1) "Board" means the Texas Water Development Board. (2) ...
- Texas Water Code Section 26.001 - Definitions
Text of section effective upon delegation of NPDES permit authority As used in this chapter: (1) "Board" means the Texas Water Development Board. (2) ...
- Texas Water Code Section 26.014 - Power To Enter Property
Text of section effective until delegation of NPDES permit authority The members of the commission and employees and agents of the commission are entitled ...
- Texas Water Code Section 26.014 - Power To Enter Property
Text of section effective upon delegation of NPDES permit authority The members of the commission and employees and agents of the commission are entitled ...
- Texas Water Code Section 26.015 - Power To Examine Records
Text of section effective until delegation of NPDES permit authority The members of the commission and employees and agents of the commission may examine ...
- Texas Water Code Section 26.015 - Power To Examine Records
Text of section effective upon delegation of NPDES permit authority The members of the commission and employees and agents of the commission may examine ...
- Texas Water Code Section 26.027 - Commission May Issue Permits
Text of section effective until delegation of NPDES permit authority (a) The commission may issue permits and amendments to permits for the discharge of ...
- Texas Water Code Section 26.027 - Commission May Issue Permits
Text of section effective upon delegation of NPDES permit authority (a) The commission may issue permits and amendments to permits for the discharge of ...
- Texas Water Code Section 26.029 - Conditions Of Permit; Amendment
Text of section effective until delegation of NPDES permit authority (a) In each permit, the commission shall prescribe the conditions on which it is ...
- Texas Water Code Section 26.029 - Conditions Of Permit; Amendment
Text of section effective upon delegation of NPDES permit authority (a) In each permit, the commission shall prescribe the conditions on which it is ...
- Texas Water Code Section 26.042 - Monitoring And Reporting
Text of section effective until delegation of NPDES permit authority The commission may prescribe reasonable requirements for a person making waste discharges to monitor ...
- Texas Water Code Section 26.042 - Monitoring And Reporting
Text of section effective upon delegation of NPDES permit authority (a) The commission may prescribe reasonable requirements for a person making discharges of any ...
- Texas Water Code Section 26.121 - Unauthorized Discharges Prohibited
Text of section effective until delegation of NPDES permit authority (a) Except as authorized by a rule, permit, or order issued by the commission, ...
- Texas Water Code Section 26.121 - Unauthorized Discharges Prohibited
Text of section effective upon delegation of NPDES permit authority (a) Except as authorized by the commission, no person may: (1) discharge sewage, municipal ...
- Texas Water Code Section 26.131 - Duties Of Railroad Commission
Text of section effective until delegation of RCRA authority to Railroad Commission of Texas (a) The Railroad Commission of Texas is solely responsible for ...
- Texas Water Code Section 26.131 - Duties Of Railroad Commission
Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas (a) The Railroad Commission of Texas is solely responsible for ...
- Texas Water Code Section 26.1311 - Duty Of State Soil And Water Conservation Board
The State Soil and Water Conservation Board and its authorized agents are responsible for the abatement and prevention of pollution resulting from agricultural or silvicultural ...
- Texas Water Code Section 26.135 - Effect On Other Laws
(a) Nothing in this chapter affects the powers and duties of the commission and the Railroad Commission of Texas with respect to injection wells as ...
- Texas Water Code Section 26.137 - Comment Period For Edwards Aquifer Protection Plans
The commission shall provide for a 30-day comment period in the review process for Edwards Aquifer Protection Plans in the Contributing Zone of the Edwards ...
- Texas Water Code Section 26.171 - Inspection Of Public Water
A local government may inspect the public water in its area and determine whether or not: (1) the quality of the water meets the state ...
- Texas Water Code Section 26.172 - Recommendations To Commission
A local government may make written recommendations to the commission as to what in its judgment the water quality standards should be for any public ...
- Texas Water Code Section 26.173 - Power To Enter Property
(a) A local government has the same power as the commission has under Section 26.014 of this code to enter public and private property within ...
- Texas Water Code Section 26.175 - Cooperative Agreements
(a) A local government may execute cooperative agreements with the commission or other local governments: (1) to provide for the performance of water quality management, ...
- Texas Water Code Section 26.176 - Disposal System Rules
(a) Every local government which owns or operates a disposal system is empowered to and shall, except as authorized in Subsection (c) of this section, ...
- Texas Water Code Section 26.177 - Water Pollution Control Duties Of Cities
(a) A city may establish a water pollution control and abatement program for the city. If the watershed water quality assessment reports required by Section ...
- Texas Water Code Section 26.178 - Financial Assistance Dependent On Water Quality Programs
All financial assistance from the board to a city having a population of 5,000 or more inhabitants shall be conditioned on the city submitting to ...
- Texas Water Code Section 26.179 - Designation Of Water Quality Protection Zones In Certain Areas
(a) In this section, "water quality protection" may be achieved by: (1) maintaining background levels of water quality in waterways; or (2) capturing and retaining ...
- Texas Water Code Section 26.180 - Nonpoint Source Water Pollution Control Programs Of Certain Municipalities
(a) This section applies to a municipality to which Section 42.903, Local Government Code, applies. (b) The municipality shall exercise the powers granted under state ...
- Texas Water Code Section 26.215 - Peace Officers
For purposes of this subchapter, the authorized agents and employees of the Parks and Wildlife Department are constituted peace officers. These agents and employees are ...
- Texas Water Code Section 26.2171 - Venue
An offense under this subchapter may be prosecuted in a county in which an element of the offense was committed or a county to which ...
- Texas Water Code Section 26.261 - Short Title
This subchapter may be cited as the Texas Hazardous Substances Spill Prevention and Control Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, ...
- Texas Water Code Section 26.262 - Policy And Construction
It is the policy of this state to prevent the spill or discharge of hazardous substances into the waters in the state and to cause ...
- Texas Water Code Section 26.263 - Definitions
As used in this subchapter: (1) "Discharge or spill" means an act or omission by which hazardous substances in harmful quantities are spilled, leaked, pumped, ...
- Texas Water Code Section 26.264 - Administrative Provisions
(a) Except as provided in Chapter 40, Natural Resources Code, the commission shall be the state's lead agency in spill response, shall conduct spill response ...
- Texas Water Code Section 26.265 - Texas Spill Response Account
(a) The Texas spill response account is an account in the general revenue fund. This account shall not exceed $5 million, exclusive of fines and ...
- Texas Water Code Section 26.266 - Removal Of Spill Or Discharge
(a) Any owner, operator, demise charterer, or person in charge of a vessel or of any on-shore facility or off-shore facility shall immediately undertake all ...
- Texas Water Code Section 26.267 - Exemptions
(a) No person shall be held liable under this subchapter for any spill or discharge resulting from an act of God, act of war, third ...
- Texas Water Code Section 26.301 - Definitions
In this subchapter: (1) "Poultry" means chickens or ducks being raised or kept on any premises in the state for profit. (2) "Poultry carcass" means ...
- Texas Water Code Section 26.302 - Regulation Of Poultry Facilities
(a) A person who owns or operates a poultry facility shall ensure that the facility has adequate means or is adequately equipped to handle and ...
- Texas Water Code Section 26.303 - Handling And Disposal Of Poultry Carcasses
(a) The commission by rule shall adopt requirements for the safe and adequate handling, storage, transportation, and disposal of poultry carcasses. The rules must: (1) ...
- Texas Water Code Section 26.341 - Purpose
(a) The legislature finds that leaking underground tanks storing certain hazardous, toxic, or otherwise harmful substances have caused and continue to pose serious groundwater contamination ...
- Texas Water Code Section 26.342 - Definitions
In this subchapter: (1) "Aboveground storage tank" means a nonvehicular device that is: (A) made of nonearthen materials; (B) located on or above the surface ...
- Texas Water Code Section 26.343 - Regulated Substances
(a) Regulated substances under this subchapter include: (1) a substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ...
- Texas Water Code Section 26.344 - Exemptions
(a) An underground or aboveground storage tank is exempt from regulation under this subchapter if the tank is: (1) a farm or residential tank with ...
- Texas Water Code Section 26.3441 - Aboveground Storage Tanks
(a) An aboveground storage tank that is not exempt from regulation under Section 26.344 of this code is subject to the registration requirements of Section ...
- Texas Water Code Section 26.345 - Administrative Provisions
(a) The commission shall administer this subchapter and may develop a regulatory program regarding underground and aboveground storage tanks in accordance with this subchapter. (b) ...
- Texas Water Code Section 26.346 - Registration Requirements
(a) An underground or aboveground storage tank must be registered with the commission unless the tank is exempt from regulation under Section 26.344 of this ...
- Texas Water Code Section 26.3465 - Failure Or Refusal To Provide Proof Of Registration Or Certification Of Compliance
An owner or operator of an underground storage tank who fails or refuses to provide, on request of the commission, proof of registration of or ...
- Texas Water Code Section 26.3467 - Duty To Ensure Certification Of Tank Before Delivery
(a) The owner or operator of an underground storage tank into which a regulated substance is to be deposited shall provide the common carrier a ...
- Texas Water Code Section 26.347 - Tank Standards
(a) The commission shall adopt performance standards for existing underground storage tanks and underground storage tanks brought into use on or after the effective date ...
- Texas Water Code Section 26.3475 - Release Detection Requirements; Spill And Overfill Prevention; Corrosion Protection; Notice Of Violation; Shutdown
(a) All piping in an underground storage tank system that routinely conveys regulated substances under pressure must comply with commission requirements for pressurized piping release ...
- Texas Water Code Section 26.3476 - Secondary Containment Required For Tanks Located Over Certain Aquifers
(a) In this section, "secondary containment" means a method by which a secondary wall or barrier is installed around an underground storage tank system in ...
- Texas Water Code Section 26.348 - Leak Detection And Record Maintenance
The commission shall adopt standards of performance for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system ...
- Texas Water Code Section 26.349 - Reporting Of Releases And Corrective Action
(a) The commission shall adopt requirements for the reporting of any releases and corrective action taken in response to a release from an underground or ...
- Texas Water Code Section 26.350 - Tank Closure Requirements
The commission shall adopt requirements for the closure of tanks, including the removal, disposal, or removal and disposal of tanks to prevent future releases of ...
- Texas Water Code Section 26.351 - Corrective Action
(a) The commission shall adopt rules establishing the requirements for taking corrective action in response to a release from an underground or aboveground storage tank. ...
- Texas Water Code Section 26.3511 - Corrective Action By The Commission
(a) Notwithstanding Section 26.351(c) of this code, to the extent that the commission pays from the petroleum storage tank remediation account or from sources other ...
- Texas Water Code Section 26.3512 - Owner Or Operator Responsibility; Limitations On Account Payments For Corrective Action
(a) The provisions of this subchapter relating to the groundwater protection cleanup program and to the petroleum storage tank remediation account do not limit the ...
- Texas Water Code Section 26.3513 - Liability And Costs: Multiple Owners And Operators
(a) This section applies at a site where the owner and the operator are different persons or at a site where there is more than ...
- Texas Water Code Section 26.3514 - Limits On Liability Of Lender
(a) This section applies: (1) to a lender that has a security or lienhold interest in an underground or aboveground storage tank, in real property ...
- Texas Water Code Section 26.3515 - Limits On Liability Of Corporate Fiduciary
(a) A corporate fiduciary or its agent is not liable in an individual capacity as an owner or operator of an underground or aboveground storage ...
- Texas Water Code Section 26.3516 - Limits On Liability Of Taxing Unit
(a) This section applies to a taxing unit that has foreclosed an ad valorem tax lien on real property on which an underground or aboveground ...
- Texas Water Code Section 26.352 - Financial Responsibility
(a) The commission by rule shall adopt requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury ...
- Texas Water Code Section 26.354 - Emergency Orders
The commission may issue an emergency order to an owner or operator of an underground or aboveground storage tank under Section 5.510. Added by Acts ...
- Texas Water Code Section 26.355 - Recovery Of Costs
(a) If the commission has incurred any costs in undertaking corrective action or enforcement action with respect to the release of regulated substances from an ...
- Texas Water Code Section 26.356 - Inspections, Monitoring, And Testing
(a) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator ...
- Texas Water Code Section 26.357 - Standards And Rules
(a) Standards and rules concerning underground storage tanks adopted by the commission under this subchapter must be at least as stringent as the federal requirements ...
- Texas Water Code Section 26.3571 - Eligible Owner Or Operator
(a) The commission by rule shall establish criteria to be met by a person to qualify as an eligible owner or operator. (b) To be ...
- Texas Water Code Section 26.3572 - Groundwater Protection Cleanup Program
(a) The groundwater protection cleanup program is established, and the commission shall administer that program. (b) In administering the program, the commission shall: (1) negotiate ...
- Texas Water Code Section 26.3573 - Petroleum Storage Tank Remediation Account
(a) The petroleum storage tank remediation account is an account in the general revenue fund. The commission shall administer the account in accordance with this ...
- Texas Water Code Section 26.35731 - Consideration And Processing Of Applications For Reimbursement
(a) Except as provided by Subsection (b), the commission shall consider and process a claim by an eligible owner or operator for reimbursement from the ...
- Texas Water Code Section 26.35735 - Claims Audit
(a) The commission annually shall audit claims for payment from the petroleum storage tank remediation account. (b) The commission shall conduct the audit in accordance ...
- Texas Water Code Section 26.3574 - Fee On Delivery Of Certain Petroleum Products
(a) In this section: (1) "Bulk facility" means a facility, including pipeline terminals, refinery terminals, rail and barge terminals, and associated underground and aboveground tanks, ...
- Texas Water Code Section 26.358 - Collection, Use, And Disposition Of Storage Tank Fees And Other Revenues
(a) Revenues collected by the commission under this section shall be deposited to the credit of the waste management account. (b) Under this subchapter, the ...
- Texas Water Code Section 26.359 - Local Regulation Or Ordinance
(a) In this section, "local government" means a school district, county, municipality, junior college district, river authority, water district or other special district, or other ...
- Texas Water Code Section 26.360 - Privatization Of Program
Notwithstanding other provisions of this subchapter, the commission by rule may authorize the privatization of any part of the program established under this subchapter. Added ...
- Texas Water Code Section 26.361 - Expiration Of Reimbursement Program
Notwithstanding any other provision of this subchapter, the reimbursement program established under this subchapter expires September 1, 2008. On or after September 1, 2008, the ...
- Texas Water Code Section 26.362 - Suit To Test Validity Of Closure Letter
The commission is immune from liability in any action against the commission to test the validity of a closure letter issued under Section 26.3572 if ...
- Texas Water Code Section 26.363 - Reliance On Closure Letter
An owner or operator to whom a closure letter for a site has been issued under Section 26.3572 may not be held liable for the ...
- Texas Water Code Section 26.364 - Registration Of Persons Who Contract To Perform Corrective Action
(a) The commission may implement a program under Chapter 37 to register persons who contract to perform corrective action under this subchapter. (b) The commission, ...
- Texas Water Code Section 26.365 - Registration Of Geoscientists Who Contract To Perform Corrective Action
(a) In administering the program implemented under Section 26.364(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, ...
- Texas Water Code Section 26.366 - Licensure Of Persons Who Supervise Corrective Actions
(a) The commission may implement a program under Chapter 37 to license persons who supervise a corrective action under this subchapter. (b) The commission, on ...
- Texas Water Code Section 26.367 - Licensure Of Geoscientists Who Supervise Corrective Actions
(a) In administering the program implemented under Section 26.366(a), the commission, on the request of a geoscientist licensed by the Texas Board of Professional Geoscientists, ...
- Texas Water Code Section 26.401 - Legislative Findings
(a) The legislature finds that: (1) in order to safeguard present and future groundwater supplies, usable and potentially usable groundwater must be protected and maintained; ...
- Texas Water Code Section 26.402 - Definition
In this subchapter, "committee" means the Texas Groundwater Protection Committee. Added by Acts 1989, 71st Leg., ch. 768, § 1, eff. Sept. 1, 1989. Amended ...
- Texas Water Code Section 26.403 - Creation And Membership Of Texas Groundwater Protection Committee
(a) The Texas Groundwater Protection Committee is created as an interagency committee to coordinate state agency actions for the protection of groundwater quality in this ...
- Texas Water Code Section 26.404 - Administration
(a) The committee shall meet not less than once each calendar quarter at a time determined by the committee and at the call of the ...
- Texas Water Code Section 26.405 - Powers And Duties Of Committee
The committee shall, on a continuing basis: (1) coordinate groundwater protection activities of the agencies represented on the committee; (2) develop and update a comprehensive ...
- Texas Water Code Section 26.406 - Groundwater Contamination Information And Reports; Rules
(a) Each state agency having responsibilities related to the protection of groundwater shall maintain a public file of all documented cases of groundwater contamination that ...
- Texas Water Code Section 26.407 - Protection And Enhancement Plans
(a) The commission, with the advice of the committee, shall develop plans, except for those plans required by Section 201.026, Agriculture Code, for the protection ...
- Texas Water Code Section 26.408 - Notice Of Groundwater Contamination
(a) If a state agency documents under Section 26.406(a) a case of groundwater contamination that may affect a drinking water well, the state agency shall ...
- Texas Water Code Section 26.451 - Definitions
In this subchapter: (1), (2) Repealed by Acts 2001, 77th Leg., ch. 880, § 25(1), eff. Sept. 1, 2001. (3) "Critical junctures" means, in the ...
- Texas Water Code Section 26.452 - Underground Storage Tank Contractor
(a) A person who offers to undertake, represents that the person is able to undertake, or undertakes to install, repair, or remove an underground storage ...
- Texas Water Code Section 26.456 - Underground Storage Tank On-Site Supervisor Licensing
(a) A person supervising the installation, repair, or removal of an underground storage tank must hold a license issued by the commission under Chapter 37. ...
- Texas Water Code Section 26.501 - Definitions
In this subchapter: (1) "Concentrated animal feeding operation" has the meaning assigned by 30 T.A.C. Section 321.32 on the effective date of this subchapter. (2) ...
- Texas Water Code Section 26.502 - Applicability
This subchapter applies only to a feeding operation confining cattle that have been or may be used for dairy purposes, or otherwise associated with a ...
- Texas Water Code Section 26.503 - Regulation Of Certain Concentrated Animal Feeding Operation Wastes
(a) The commission may authorize the construction or operation of a new concentrated animal feeding operation, or an increase in the animals confined under an ...
- Texas Water Code Section 26.504 - Waste Application Field Soil Sampling And Testing
(a) The operator of a concentrated animal feeding operation shall contract with a person described by Section 26.503(b)(2)(E)(ii) selected by the executive director to collect ...
- Texas Water Code Section 26.551 - Definitions
In this subchapter: (1) "Aggregates" means any commonly recognized construction material originating from a quarry or pit by the disturbance of the surface, including dirt, ...
- Texas Water Code Section 26.552 - Applicability; Pilot Program
(a) This subchapter applies only to quarrying in a water quality protection area designated by commission rule. This subchapter does not apply to the construction ...
- Texas Water Code Section 26.553 - Regulation Of Quarries Within Water Quality Protection Area
(a) The commission shall require a responsible party to obtain an individual permit for any discharges from a quarry located in a water quality protection ...
- Texas Water Code Section 26.554 - Financial Responsibility For Discharges Of Certain Wastes Within Water Quality Protection Area
(a) The commission by rule shall adopt requirements for: (1) maintaining evidence of financial responsibility for restoration of a water body affected by an unauthorized ...
- Texas Water Code Section 26.555 - Inspections Of And Sampling Of Water In John Graves Scenic Riverway
(a) To detect potential violations of this subchapter in the John Graves Scenic Riverway, the commission, the Brazos River Authority, and the Parks and Wildlife ...
- Texas Water Code Section 26.556 - Unauthorized Discharges Of Certain Wastes Within Water Quality Protection Area; Enforcement
(a) The commission shall enforce this subchapter and impose administrative and civil penalties for discharges from a quarry in violation of this subchapter. Subject to ...
- Texas Water Code Section 26.557 - Emergency Orders
The commission may issue a temporary or emergency order under Section 5.509 relating to a discharge of waste or pollutants from a quarry in a ...
- Texas Water Code Section 26.558 - Recovery Of Costs For Unauthorized Discharges Within Water Quality Protection Area
If the commission has incurred any costs in undertaking a corrective or enforcement action with respect to an unauthorized discharge from a quarry under this ...
- Texas Water Code Section 26.559 - Reclamation And Restoration Fund Account
(a) Penalties and other money received by the commission as a result of an enforcement action taken under this subchapter, and any gift or grant ...
- Texas Water Code Section 26.560 - Cooperation With Other State Agencies
(a) The commission is the principal authority in the state on matters relating to the implementation of this subchapter. All other state agencies engaged in ...
- Texas Water Code Section 26.561 - Water Quality Protection Area Reports
(a) On or before December 1, 2006, the commission shall prepare a report describing its implementation of this subchapter and provide copies of the report ...
- Texas Water Code Section 26.562 - Expiration
This subchapter expires September 1, 2025. Added by Acts 2005, 79th Leg., ch. 374, § 2, eff. June 17, 2005. ...
- Texas Water Code Section 27.036 - Jurisdiction Over Brine Mining
Text of section as added by Acts 1985, 69th Leg., ch. 795, § 5.013 (a) The railroad commission has jurisdiction over brine mining and ...
- Texas Water Code Section 27.036 - Jurisdiction Over Brine Mining
Text of section as added by Acts 1985, 69th Leg., ch. 921, § 2 (a) The railroad commission has jurisdiction over brine mining and ...
- Texas Water Code Section 27.038 - Jurisdiction Over Carbon Dioxide Injection
The railroad commission has jurisdiction over injection of carbon dioxide produced by a clean coal project, to the extent authorized by federal law, into a ...
- Texas Water Code Section 27.051 - Issuance Of Permit
(a) The commission may grant an application in whole or part and may issue the permit if it finds: (1) that the use or installation ...
- Texas Water Code Section 27.0511 - Conditions Of Certain Permits
(a) If the railroad commission receives an application for an injection well permit for a well that is to be used for enhanced recovery of ...
- Texas Water Code Section 27.0515 - Facilities Required To Obtain Federal Approval
For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the ...
- Texas Water Code Section 27.052 - Copies Of Permit; Filing Requirements
(a) The commission shall furnish the railroad commission and the Texas Department of Health with a copy of each permit the commission issues. The railroad ...
- Texas Water Code Section 27.053 - Record Of Strata
The commission or railroad commission may require a person receiving a permit or authorization by rule under this chapter to keep and furnish a complete ...
- Texas Water Code Section 27.054 - Electric Or Drilling Log
If an existing well is to be converted to an injection well, the commission or railroad commission may require the applicant to furnish an electric ...
- Texas Water Code Section 27.055 - Casing Requirements
The casing shall be set at the depth, with the materials, and in the manner required by the commission or railroad commission. Amended by Acts ...
- Texas Water Code Section 27.056 - Factors In Setting Casing Depth
Before setting the depth to which casing shall be installed, the commission or railroad commission shall consider: (1) known geological and hydrological conditions and relationships; ...
- Texas Water Code Section 27.071 - Power To Enter Property
Members of the commission and the railroad commission and employees of the commission and the railroad commission may enter public or private property to inspect ...
- Texas Water Code Section 27.072 - Power To Examine Records
Members of the commission and the railroad commission and employees of the commission and railroad commission may examine and copy those records or memoranda of ...
- Texas Water Code Section 27.073 - Financial Responsibility
(a) A person to whom an injection well permit is issued may be required by the commission or railroad commission to maintain a performance bond ...
- Texas Water Code Section 27.101 - Civil Penalty
(a) A person who violates any provision of this chapter under the jurisdiction of the railroad commission, any rule of the railroad commission made under ...
- Texas Water Code Section 27.1011 - Administrative Penalty
(a) If a person violates the provisions of this chapter or a rule, order, license, permit, or certificate issued under this chapter, the person may ...
- Texas Water Code Section 27.1012 - Penalty Assessment Procedure
(a) A civil penalty may be assessed only after the person charged with a violation described under Section 27.1011 of this code has been given ...
- Texas Water Code Section 27.1013 - Payment Of Penalty; Refund
(a) On the issuance of an order finding that a violation has occurred, the railroad commission shall inform the permittee and any other person charged ...
- Texas Water Code Section 27.1014 - Recovery Of Penalty
Civil penalties owed under Sections 27.1011-27.1013 of this code may be recovered in a civil action brought by the attorney general at the request of ...
- Texas Water Code Section 27.102 - Injunction, Etc.
(a) The railroad commission may enforce a provision of this chapter under the jurisdiction of the railroad commission, any valid rule made by the railroad ...
- Texas Water Code Section 27.103 - Procedure
(a) At the request of the railroad commission, the attorney general shall institute and conduct a suit in the name of the State of Texas ...
- Texas Water Code Section 27.104 - Effect Of Permit On Civil Liability
The fact that a person has a permit issued under this chapter does not relieve him from any civil liability. Amended by Acts 1977, 65th ...
- Texas Water Code Section 27.105 - Criminal Fines
(a) A person who knowingly or intentionally violates a provision of this chapter under the jurisdiction of the railroad commission, a rule of the railroad ...
- Texas Water Code Section 28.001 - Definitions
In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Executive Director" means the executive director of the Texas Natural Resource Conservation ...
- Texas Water Code Section 28.011 - Underground Water: Regulations
Except as otherwise provided by this code, the commission may make and enforce rules and regulations for protecting and preserving the quality of underground water. ...
- Texas Water Code Section 28.012 - Certain Wells To Be Plugged Or Cased
The owner of a water well which encounters salt water or water containing mineral or other substances injurious to vegetation or agriculture shall securely plug ...
- Texas Water Code Section 28.021 - Permit From Commission
No person desiring to drill, excavate, or otherwise construct a shaft as defined in this chapter may commence construction without first obtaining a permit for ...
- Texas Water Code Section 28.022 - Application For Permit
The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge. Added by Acts 1983, 68th ...
- Texas Water Code Section 28.023 - Information Required Of Applicant
An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission. Added by ...
- Texas Water Code Section 28.024 - Application Fee
With each application for a shaft permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to ...
- Texas Water Code Section 28.025 - Letter From Railroad Commission
A person making application to the commission for a shaft permit shall submit with the application a letter from the railroad commission stating that such ...
- Texas Water Code Section 28.026 - Inspection Of Shaft Location
On receiving an application for a permit, the executive director shall have an inspection made of the location of the proposed shaft to determine the ...
- Texas Water Code Section 28.027 - Recommendations From Other Agencies
The executive director shall submit to such state agencies and other persons that the commission may designate copies of every application received in proper form. ...
- Texas Water Code Section 28.028 - Hearing On Permit Application
(a) The commission shall hold an adjudicatory hearing on the application. (b) The commission by rule shall provide for giving notice of a public hearing ...
- Texas Water Code Section 28.029 - Delegation Of Hearing Powers
(a) The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject ...
- Texas Water Code Section 28.030 - Rules, Etc
(a) The commission shall adopt rules reasonably required for the performance of the powers, duties, and functions of the commission under this chapter. (b) Such ...
- Texas Water Code Section 28.031 - Issuance Of Permit
(a) The commission may grant an application in whole or part and may issue the shaft permit if it finds: (1) that the use or ...
- Texas Water Code Section 28.032 - Copies Of Permit; Filing Requirements
(a) The commission shall furnish the railroad commission with a copy of each shaft permit the commission issues. (b) Before beginning shaft construction, a person ...
- Texas Water Code Section 28.033 - Record Of Strata
(a) The commission shall require a person applying for a shaft permit to drill or have drilled a test hole on center or offset to ...
- Texas Water Code Section 28.034 - Geophysical And Drilling Log
If the shaft is to be constructed over, around, or within 2,000 feet of an existing drilled borehole or boreholes, the commission shall require the ...
- Texas Water Code Section 28.035 - Seismic Reflection Survey
The commission shall require as a part of any shaft application a seismic reflection survey and velocity control data conforming, at minimum, to specifications established ...
- Texas Water Code Section 28.036 - Casing, Liner, And Seal Requirements
(a) The casing, liners, and seal(s) shall be set at the depth, with the materials, and in the manner required by the commission. (b) The ...
- Texas Water Code Section 28.037 - Factors In Setting Casing, Liner, And Seal Requirements
Before setting the casing, liner, and seal requirements, the commission shall consider: (1) known geological and hydrological conditions and relationships; (2) foreseeable future economic development ...
- Texas Water Code Section 28.038 - Environmental Report
If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the shaft construction ...
- Texas Water Code Section 28.051 - Power To Enter Property
Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at ...
- Texas Water Code Section 28.052 - Power To Examine Records
Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or ...
- Texas Water Code Section 28.053 - Financial Responsibility
(a) The commission may require in a shaft permit that the permittee reimburse the commission for reasonable costs of monitoring and on-site, full-time surveillance to ...
- Texas Water Code Section 29.001 - Short Title
This chapter may be cited as the Oil and Gas Waste Haulers Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, ...
- Texas Water Code Section 29.002 - Definitions
In this chapter: (1) "Person" means an individual, association of individuals, partnership, corporation, receiver, trustee, guardian, executor, or a fiduciary or representative of any kind. ...
- Texas Water Code Section 29.011 - Application For Permit
Any person may apply to the railroad commission for a permit to haul and dispose of oil and gas waste. Amended by Acts 1977, 65th ...
- Texas Water Code Section 29.012 - Application Form
The railroad commission shall prescribe a form on which an application for a permit may be made and shall provide the form to any person ...
- Texas Water Code Section 29.013 - Contents Of Application
The application for a permit shall: (1) state the number of vehicles the applicant plans to use for hauling oil and gas waste; (2) affirmatively ...
- Texas Water Code Section 29.014 - Rejecting An Application
If an application for a permit does not comply with Section 29.013 of this code or with reasonable rules of the railroad commission, the railroad ...
- Texas Water Code Section 29.015 - Application Fee
With each application for issuance, renewal, or material amendment of a permit, the applicant shall submit to the railroad commission a nonrefundable fee of $100. ...
- Texas Water Code Section 29.018 - Suspension; Refusal To Renew
The railroad commission may suspend or refuse to renew a permit for a period not to exceed one year if the permittee: (1) violates the ...
- Texas Water Code Section 29.019 - Appeal
Any person whose permit application is refused, whose permit is suspended, or whose application for permit renewal is refused by the railroad commission may file ...
- Texas Water Code Section 29.020 - Suit To Compel Railroad Commission To Act
If the railroad commission does not act within a reasonable time after a person applies for a permit or for renewal of a permit, the ...
- Texas Water Code Section 29.021 - Venue
The venue in actions under Sections 29.019 and 29.020 of this code is fixed exclusively in the district courts of Travis County. Amended by Acts ...
- Texas Water Code Section 29.031 - Rulemaking Power
The railroad commission shall adopt rules to effectuate the provisions of this chapter. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, ...
- Texas Water Code Section 29.032 - Copies Of Rules
The railroad commission shall print the rules and provide copies to persons who apply for them. Amended by Acts 1977, 65th Leg., p. 2207, ch. ...
- Texas Water Code Section 29.033 - Effective Date Of Rules
No rule or amendment to a rule is effective until after the 30-day period immediately following the day on which a copy of the rule ...
- Texas Water Code Section 29.034 - Access To Property
Members and employees of the railroad commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the hauling ...
- Texas Water Code Section 29.041 - Hauling Without Permit
No hauler may haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated ...
- Texas Water Code Section 29.042 - Exceptions
(a) A person may haul oil and gas waste for use in connection with drilling or servicing an oil or gas well without obtaining a ...
- Texas Water Code Section 29.043 - Using Haulers Without Permit
No person may knowingly utilize the services of a hauler to haul or dispose of oil and gas waste off the lease, unit, or other ...
- Texas Water Code Section 29.044 - Disposing Of Oil And Gas Waste
(a) No hauler may dispose of oil and gas waste on public roads or on the surface of public land or private property in this ...
- Texas Water Code Section 29.045 - Use Of Unmarked Vehicles
No person who is required to have a permit under this chapter may haul oil and gas waste in a vehicle that does not bear ...
- Texas Water Code Section 29.046 - Penalty
A person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less ...
- Texas Water Code Section 29.047 - Administrative Penalty
(a) If a person violates the provisions of this chapter or a rule, order, license, permit, or certificate issued under this chapter, the person may ...
- Texas Water Code Section 29.048 - Penalty Assessment Procedure
(a) A civil penalty may be assessed only after the permittee or person charged with a violation described under Section 29.047 of this code has ...
- Texas Water Code Section 29.049 - Payment Of Penalty; Refund
(a) On the issuance of an order finding that a violation has occurred, the railroad commission shall inform the permittee and any other person charged ...
- Texas Water Code Section 29.050 - Recovery Of Penalty
Civil penalties owed under Sections 29.047-29.049 of this code may be recovered in a civil action brought by the attorney general at the request of ...
- Texas Water Code Section 29.051 - Civil Penalty
(a) A person who violates this chapter, a rule or order of the railroad commission adopted under this chapter, or a term, condition, or provision ...
- Texas Water Code Section 29.052 - Injunction
The railroad commission may enforce this chapter, a valid rule or order made under this chapter, or a term or condition of a permit issued ...
- Texas Water Code Section 29.053 - Procedure
(a) At the request of the railroad commission, the attorney general shall institute and conduct a suit in the name of the state for injunctive ...
- Texas Water Code Section 30.001 - Short Title
This chapter may be cited as the Regional Waste Disposal Act. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. ...
- Texas Water Code Section 30.002 - Purpose
The purpose of this chapter is to authorize public agencies to cooperate for the safe and economical collection, transportation, treatment, and disposal of waste in ...
- Texas Water Code Section 30.003 - Definitions
In this chapter: (1) "City" means any incorporated city or town, whether operating under general law or under its home-rule charter. (2) "District" means any ...
- Texas Water Code Section 30.004 - Cumulative Effect Of Chapter
(a) This chapter is cumulative of other statutes governing the Texas Water Development Board and the Texas Natural Resource Conservation Commission relating to: (1) the ...
- Texas Water Code Section 30.005 - Construction Of Chapter
The terms and provisions of this chapter shall be liberally construed to accomplish its purposes. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, ...
- Texas Water Code Section 30.021 - Disposal System
A district may acquire, construct, improve, enlarge, extend, repair, operate, and maintain one or more disposal systems. Amended by Acts 1977, 65th Leg., p. 2207, ...
- Texas Water Code Section 30.022 - Purchase And Sale Of Facilities
A district may contract with any person to purchase or sell by installments over such term as considered desirable any waste collection, transportation, treatment, or ...
- Texas Water Code Section 30.023 - Lease Of Facilities
A district may lease to or from any person for such term and on such conditions as may be considered desirable any waste collection, transportation, ...
- Texas Water Code Section 30.024 - Operating Agreements
A district may make operating agreements with any person for such terms and on such conditions as may be considered desirable for the operation of ...
- Texas Water Code Section 30.025 - Waste Disposal Contracts By District
A district may make contracts with any person, including any public agency located inside or outside the boundaries of the district, under which the district ...
- Texas Water Code Section 30.026 - Contracts By River Authority
Each river authority may make contracts authorized by this chapter with any person, including any public agency situated wholly or partly inside its boundaries and ...
- Texas Water Code Section 30.027 - Contract With Public Agency
A public agency may make contracts with a district under which the district will make a disposal system available to the public agency and will ...
- Texas Water Code Section 30.028 - Contract Provisions
(a) The contract may provide for: (1) duration of the contract for a specified period or until issued and unissued bonds and refunding bonds of ...
- Texas Water Code Section 30.029 - Continued Use Of District Facilities
After amortization of the district's investment in the disposal system, the public agency is entitled to continued performance of the service during the useful life ...
- Texas Water Code Section 30.030 - Source Of Contract Payments
(a) A public agency may pay for the waste collection, transportation, treatment, and disposal services with income from its waterworks system, sanitary sewer system, or ...
- Texas Water Code Section 30.031 - Rates
(a) When all or part of the payments under a contract are to be made from revenue of the waterworks system, sanitary sewer system, both ...
- Texas Water Code Section 30.032 - Service To More Than One Public Agency
A contract or group of contracts may provide for the district to render services concurrently to more than one person through constructing and operating a ...
- Texas Water Code Section 30.033 - Property Acquired By Condemnation Or Otherwise
(a) To accomplish the purposes of this chapter, a district may acquire by purchase, lease, gift, or in any other manner all or any interest ...
- Texas Water Code Section 30.034 - Cost Of Relocating, Altering, Etc.
If a district makes necessary the relocating, raising, rerouting, changing the grade of, or altering the construction of any highway, railroad, electric transmission line, pipeline, ...
- Texas Water Code Section 30.035 - Elections
No election is required for the exercise of any power under this chapter except for the tax levy as provided by Section 30.030(c) of this ...
- Texas Water Code Section 30.051 - Issuance Of Bonds
In order to acquire, construct, improve, enlarge, extend, or repair disposal systems, the district may issue bonds secured by a pledge of all or part ...
- Texas Water Code Section 30.052 - Form, Denomination, Interest Rate
The governing body of the district shall prescribe the form, denomination, and rate of interest for the bonds. Amended by Acts 1977, 65th Leg., p. ...
- Texas Water Code Section 30.053 - Refunding Bonds
A district may refund any bonds issued under this chapter on the terms and conditions and at the rate of interest the governing body prescribes. ...
- Texas Water Code Section 30.054 - Sale Or Exchange Of Bonds
A district may sell bonds issued under this chapter at public or private sale at the price or prices and on the terms determined by ...
- Texas Water Code Section 30.055 - Interim Bonds
Pending the issuance of definitive bonds, a district may issue negotiable interim bonds or obligations eligible for exchange or substitution by use of definitive bonds. ...
- Texas Water Code Section 30.056 - Attorney General's Examination
(a) After issuance of the bonds is authorized, the bonds and the record relating to their issuance may be submitted to the attorney general for ...
- Texas Water Code Section 30.057 - Registration By Comptroller
After the bonds have been approved by the attorney general, they shall be registered by the state comptroller. Amended by Acts 1977, 65th Leg., p. ...
- Texas Water Code Section 30.058 - Validation Suit
(a) Instead of or in addition to obtaining the approval of the attorney general, the district may have the bonds validated by suit in the ...
- Texas Water Code Section 30.059 - Bonds Incontestable
After the bonds are approved by the attorney general and registered with the comptroller, the bonds and the contract are incontestable. Amended by Acts 1977, ...
- Texas Water Code Section 30.060 - Negotiable Instruments
Bonds issued under this subchapter are negotiable instruments. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff. Sept. 1, 1977. ...
- Texas Water Code Section 30.061 - Investment Securities Under Uniform Commercial Code
Bonds issued under this subchapter are investment securities governed by Chapter 8, Uniform Commercial Code. Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, ...
- Texas Water Code Section 30.062 - Bonds As Authorized Investments
Bonds issued under this chapter are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance ...
- Texas Water Code Section 30.063 - Security For Deposits
The bonds are eligible to secure deposits of any public funds of the state or any political subdivision of the state and are lawful and ...
- Texas Water Code Section 30.064 - Funds Set Aside From Bond Proceeds
The district may set aside out of the proceeds from the sale of bonds: (1) interest to accrue on the bonds and administrative expenses to ...
- Texas Water Code Section 30.065 - Investment Of Proceeds
Pending their use, proceeds from the sale of bonds may be invested in securities or time deposits as specified in the resolution authorizing the issuance ...
- Texas Water Code Section 30.066 - Rates And Charges
While any bonds are outstanding, the governing body of the district shall fix, maintain, and collect for services furnished or made available by the disposal ...
- Texas Water Code Section 30.101 - Authorization Of Regional Plans
Each river authority may prepare regional plans for water quality management, control, and abatement of pollution in any segment of its river basin and adjoining ...
- Texas Water Code Section 30.102 - Planning In Related Fields
River authorities may conduct planning in related or affected fields reasonably necessary to give meaning to the water quality management and pollution control planning carried ...
- Texas Water Code Section 30.103 - Joint Planning
(a) River authorities may join in the performance of planning functions with any district or public agency and enter into planning agreements for the term ...
- Texas Water Code Section 30.104 - Coordination With Other Planning Agencies
A river authority performing planning functions under this subchapter shall coordinate its efforts and cooperate with other public planning agencies having significant planning interests in ...
- Texas Water Code Section 30.105 - Financial Assistance
River authorities may make applications and enter into contracts for financial assistance in comprehensive planning which are appropriate under Section 3(c) of the Federal Water ...
- Texas Water Code Section 30.106 - Supervision By Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission is authorized to exercise continuing supervision on behalf of the state of comprehensive plans prepared under this chapter. Amended ...
- Texas Water Code Section 31.001 - Definitions
In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Executive director" means the executive director of the Texas Natural Resource Conservation ...
- Texas Water Code Section 31.002 - Applicability
This chapter does not apply to: (1) subsurface excavations conducted under Chapters 52 and 53 of the Natural Resources Code if the commissioner of the ...
- Texas Water Code Section 31.003 - Permit From Commission
A person desiring to drill, excavate, or otherwise construct a subsurface excavation may not begin construction without first obtaining a permit for the work from ...
- Texas Water Code Section 31.004 - Application For Permit
The commission shall prescribe forms for a permit application and shall make the forms available on request without charge. Added by Acts 1989, 71st Leg., ...
- Texas Water Code Section 31.005 - Information Required Of Applicant
An applicant shall furnish any information the commission considers necessary to discharge its duties under this chapter and the rules of the commission. Added by ...
- Texas Water Code Section 31.006 - Contents Of Permit Application
(a) The executive director shall set the requirements for the permit application after determining the local conditions and potential or probable effect of the subsurface ...
- Texas Water Code Section 31.007 - Application Fee
With each application for a permit, the commission shall collect a fee as set by the executive director to reasonably offset the costs to the ...
- Texas Water Code Section 31.008 - Hearing On Permit Application
(a) The commission may hold an adjudicatory hearing on the application. (b) The commission by rule shall provide for giving notice of a public hearing ...
- Texas Water Code Section 31.009 - Delegation Of Hearing Powers
(a) The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject ...
- Texas Water Code Section 31.010 - Rules
(a) The commission shall adopt rules reasonably required for the performance of the powers, duties, and functions of the commission under this chapter. (b) Rules ...
- Texas Water Code Section 31.011 - Pending Litigation
The commission may refuse to accept a permit application or hold a permit application hearing if any aspect of the siting, construction, use, or decommissioning ...
- Texas Water Code Section 31.012 - Issuance Of Permit
(a) The commission may grant an application in whole or part and may issue the permit if it finds that: (1) the construction or use ...
- Texas Water Code Section 31.013 - Performance Standards
(a) The commission shall adopt rules and performance standards to govern the granting of permits under this chapter and may impose additional requirements it considers ...
- Texas Water Code Section 31.014 - Additional Permit Considerations
When determining the terms and conditions of the permit, the commission shall consider: (1) known and expected geological and hydrological conditions and relationships; (2) present ...
- Texas Water Code Section 31.015 - Environmental Report
If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the subsurface excavation ...
- Texas Water Code Section 31.016 - Power To Enter Property
Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at ...
- Texas Water Code Section 31.017 - Power To Examine Records
Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or ...
- Texas Water Code Section 31.018 - Financial Responsibility
(a) The commission may require in a permit that the permittee reimburse the commission for reasonable costs of monitoring and on-site, full-time surveillance to determine ...
- Texas Water Code Section 32.001 - Short Title
This chapter may be cited as the Subsurface Area Drip Dispersal System Act. Added by Acts 2005, 79th Leg., ch. 637, § 1, eff. June ...
- Texas Water Code Section 32.002 - Definitions
In this chapter: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Commercial, industrial, or municipal waste": (A) means any water-dominant liquid waste substance ...
- Texas Water Code Section 32.003 - Policy And Purpose
It is the policy of this state and the purpose of this chapter to: (1) maintain the quality of fresh water in the state to ...
- Texas Water Code Section 32.051 - Permit From Commission
A person may not operate a subsurface area drip dispersal system without first obtaining a permit from the commission. Added by Acts 2005, 79th Leg., ...
- Texas Water Code Section 32.052 - Application For Permit
The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge. Added by Acts 2005, 79th ...
- Texas Water Code Section 32.053 - Information Required Of Applicant
An applicant shall furnish any information the executive director considers necessary to discharge the executive director's duties under this chapter and the rules of the ...
- Texas Water Code Section 32.054 - Inspection Of Dispersion Area
On receiving an application for a permit, the executive director shall inspect the location of the proposed dispersion area to determine the local conditions and ...
- Texas Water Code Section 32.055 - Recommendations From Other Persons
The executive director shall submit to the department and to other persons designated by the commission copies of each permit application received in proper form. ...
- Texas Water Code Section 32.056 - Hearing On Permit Application
(a) In this section, "local government" has the meaning assigned by Section 26.001. (b) The commission may hold a public hearing on a permit application ...
- Texas Water Code Section 32.057 - Opportunity To Comment On Proposed Rules
The commission shall send copies of proposed rules under this chapter to the department and any other persons designated by the commission. A person to ...
- Texas Water Code Section 32.101 - Issuance Of Permit
(a) The commission may grant an application for a permit for a subsurface area drip dispersal system in whole or part and may issue the ...
- Texas Water Code Section 32.102 - Copies Of Permit Filing Requirements
(a) The commission shall send to the department a copy of each permit issued under this chapter. (b) Before beginning injection operations, a person receiving ...
- Texas Water Code Section 32.151 - Power To Enter Property
A member or employee of the commission or an authorized agent or employee of a local government may enter public or private property to inspect ...
- Texas Water Code Section 32.152 - Power To Examine Records
A member or employee of the commission or an authorized agent or employee of a local government may examine and copy any record or memorandum ...
- Texas Water Code Section 35.001 - Purpose
In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of the groundwater, and of groundwater reservoirs or their subdivisions, and ...
- Texas Water Code Section 35.002 - Definitions
In this chapter: (1) "District" means any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has ...
- Texas Water Code Section 35.003 - Surface Water Laws Not Applicable
The laws and administrative rules relating to the use of surface water do not apply to groundwater. Added by Acts 1995, 74th Leg., ch. 933, ...
- Texas Water Code Section 35.004 - Designation Of Groundwater Management Areas
(a) The Texas Water Development Board, with assistance and cooperation from the commission, shall designate groundwater management areas covering all major and minor aquifers in ...
- Texas Water Code Section 35.007 - Identifying, Designating, And Delineating Priority Groundwater Management Areas
(a) The executive director and the executive administrator shall meet periodically to identify, based on information gathered by the commission and the Texas Water Development ...
- Texas Water Code Section 35.008 - Procedures For Designation Of Priority Groundwater Management Area; Consideration Of Creation Of New District Or Addition Of Land In Priority Groundwater Management Area To Existing District; Commission Order
(a) The commission shall designate priority groundwater management areas using the procedures provided by this chapter in lieu of those provided by Subchapter B, Chapter ...
- Texas Water Code Section 35.009 - Notice And Hearing
(a) The commission shall have notice of the hearing published in at least one newspaper with general circulation in the county or counties in which ...
- Texas Water Code Section 35.012 - Creation Of District In Priority Groundwater Management Area
(a) Following the issuance of a commission order under Section 35. 008 designating a priority groundwater management area and recommending the creation of one or ...
- Texas Water Code Section 35.013 - Adding Priority Groundwater Management Area To Existing District
(a) If the commission in its order under Section 35.008 recommends that the priority groundwater management area or a portion of the priority groundwater management ...
- Texas Water Code Section 35.014 - Costs Of Elections
(a) The costs of an election to create a district at which a district is authorized to be created shall be paid by the district. ...
- Texas Water Code Section 35.015 - State Assistance
A political subdivision located in an area delineated as a priority groundwater management area, and in which qualified voters approve the creation of a district ...
- Texas Water Code Section 35.017 - State-Owned Land
If state-owned land or a portion of state-owned land is located in a priority groundwater management area, the state agency that has management and control ...
- Texas Water Code Section 35.018 - Reports
(a) No later than January 31 of each odd-numbered year, the commission in conjunction with the Texas Water Development Board shall prepare and deliver to ...
- Texas Water Code Section 35.019 - Water Availability
(a) The commissioners court of a county in a priority groundwater management area may adopt water availability requirements in an area where platting is required ...
- Texas Water Code Section 36.001 - Definitions
In this chapter: (1) "District" means any district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has ...
- Texas Water Code Section 36.0015 - Purpose
In order to provide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and to ...
- Texas Water Code Section 36.002 - Ownership Of Groundwater
The ownership and rights of the owners of the land and their lessees and assigns in groundwater are hereby recognized, and nothing in this code ...
- Texas Water Code Section 36.011 - Method Of Creating District
(a) A groundwater conservation district may be created under and subject to the authority, conditions, and restrictions of Section 59, Article XVI, Texas Constitution. (b) ...
- Texas Water Code Section 36.012 - Composition Of District
(a) A district may include all or part of one or more counties, cities, districts, or other political subdivisions. (b) A district may not include ...
- Texas Water Code Section 36.013 - Petition To Create District
(a) A petition requesting creation of a district must be filed with the commission for review and certification under Section 36.015. (b) The petition filed ...
- Texas Water Code Section 36.014 - Notice And Public Meeting On District Creation
(a) If a petition is filed under Section 36.013, the commission shall give notice of the application and shall conduct a public meeting in a ...
- Texas Water Code Section 36.015 - Commission Certification And Order
(a) Not later than the 90th day after the date the commission holds a public meeting on a petition under Section 36.014, the commission shall ...
- Texas Water Code Section 36.0151 - Creation Of District For Priority Groundwater Management Area
(a) If the commission is required to create a district under Section 35.012(b), it shall, without an evidentiary hearing, issue an order creating the district ...
- Texas Water Code Section 36.016 - Appointment Of Temporary Directors
(a) If the commission certifies a petition to create a district under Section 36.015, the commission shall appoint the temporary directors named in the petition. ...
- Texas Water Code Section 36.0161 - Method For Appointing Temporary Directors For District In Priority Groundwater Management Area
(a) If a district in a priority groundwater management area is: (1) contained within one county, the county commissioners court of that county shall appoint ...
- Texas Water Code Section 36.017 - Confirmation And Directors' Election For District In A Management Area
(a) For a district created under Section 36.015, not later than the 120th day after the date all temporary directors have been appointed and have ...
- Texas Water Code Section 36.0171 - Tax Authority And Directors' Election For District In A Priority Groundwater Management Area
(a) For a district created under Section 36.0151, not later than the 120th day after the date all temporary directors have been appointed and have ...
- Texas Water Code Section 36.018 - Inclusion Of Municipality
(a) If part of the territory to be included in a district is located in a municipality, a separate voting district may not be established ...
- Texas Water Code Section 36.019 - Confirmation Election In District Including Land In More Than One County
(a) A district, the major portion of which is located in one county, may not be organized to include land in another county unless the ...
- Texas Water Code Section 36.020 - Bond And Tax Proposal
(a) At an election to create a district, the temporary directors may include a proposition for the issuance of bonds or notes, the levy of ...
- Texas Water Code Section 36.021 - Notification Of County Clerk
Within 30 days following the creation of a district or any amendment to the boundaries of a district, the board of directors shall file with ...
- Texas Water Code Section 36.051 - Board Of Directors
(a) The governing body of a district is the board of directors, which shall consist of not fewer than five and not more than 11 ...
- Texas Water Code Section 36.052 - Other Laws Not Applicable
(a) Other laws governing the administration or operations of districts created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, shall not ...
- Texas Water Code Section 36.053 - Quorum
A majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of ...
- Texas Water Code Section 36.054 - Officers
(a) After a district is created and the directors have qualified, the board shall meet, elect a president, vice president, secretary, and any other officers ...
- Texas Water Code Section 36.055 - Sworn Statement, Bond, And Oath Of Office
(a) As soon as practicable after a director is elected or appointed, that director shall make the sworn statement prescribed by the constitution for public ...
- Texas Water Code Section 36.056 - General Manager
(a) The board may employ or contract with a person to perform such services as general manager for the district as the board may from ...
- Texas Water Code Section 36.057 - Management Of District
(a) The board shall be responsible for the management of all the affairs of the district. The district shall employ or contract with all persons, ...
- Texas Water Code Section 36.058 - Conflicts Of Interest
A director of a district is subject to the provisions of Chapter 171, Local Government Code, relating to the regulation of conflicts of officers of ...
- Texas Water Code Section 36.059 - General Elections
(a) All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this chapter. Write-in candidacies for any ...
- Texas Water Code Section 36.060 - Fees Of Office; Reimbursement
(a) A director is entitled to receive fees of office of not more than $150 a day for each day the director actually spends performing ...
- Texas Water Code Section 36.061 - Policies
(a) Subject to the law governing the district, the board shall adopt the following in writing: (1) a code of ethics for district directors, officers, ...
- Texas Water Code Section 36.062 - Offices And Meeting Places
(a) The board shall designate from time to time and maintain one or more regular offices for conducting the business of the district and maintaining ...
- Texas Water Code Section 36.063 - Notice Of Meetings
Notice of meetings of the board shall be given as set forth in the Open Meetings Act, Chapter 551, Government Code. Neither failure to provide ...
- Texas Water Code Section 36.064 - Meetings
(a) The board shall hold regular meetings at least quarterly. It may hold meetings at other times as required for the business of the district. ...
- Texas Water Code Section 36.065 - Records
(a) The board shall keep a complete account of all its meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and ...
- Texas Water Code Section 36.066 - Suits
(a) A district may sue and be sued in the courts of this state in the name of the district by and through its board. ...
- Texas Water Code Section 36.067 - Contracts
(a) A district shall contract, and be contracted with, in the name of the district. (b) A district may purchase property from any other governmental ...
- Texas Water Code Section 36.068 - Employee Benefits
(a) The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district. (b) The board may establish ...
- Texas Water Code Section 36.101 - Rulemaking Power
(a) A district may make and enforce rules, including rules limiting groundwater production based on tract size or the spacing of wells, to provide for ...
- Texas Water Code Section 36.1011 - Emergency Rules
(a) A board may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and hearing, if the board: (1) finds ...
- Texas Water Code Section 36.102 - Enforcement Of Rules
(a) A district may enforce this chapter and its rules by injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction. (b) ...
- Texas Water Code Section 36.103 - Improvements And Facilities
(a) A district may build, acquire, or obtain by any lawful means any property necessary for the district to carry out its purpose and the ...
- Texas Water Code Section 36.104 - Purchase, Sale, Transportation, And Distribution Of Water
A district may purchase, sell, transport, and distribute surface water or groundwater. Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. 1, ...
- Texas Water Code Section 36.105 - Eminent Domain
(a) A district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in property if that property ...
- Texas Water Code Section 36.106 - Surveys
A district may make surveys of the groundwater reservoir or subdivision and surveys of the facilities in order to determine the quantity of water available ...
- Texas Water Code Section 36.107 - Research
A district may carry out any research projects deemed necessary by the board. Added by Acts 1995, 74th Leg., ch. 933, § 2, eff. Sept. ...
- Texas Water Code Section 36.1071 - Management Plan
(a) Following notice and hearing, the district shall, in coordination with surface water management entities on a regional basis, develop a comprehensive management plan which ...
- Texas Water Code Section 36.1072 - Texas Water Development Board Review And Approval Of Management Plan
(a) A district shall, not later than three years after the creation of the district or, if the district required confirmation, after the election confirming ...
- Texas Water Code Section 36.1073 - Amendment To Management Plan
Any amendment to the management plan shall be submitted to the executive administrator within 60 days following adoption of the amendment by the district's board. ...
- Texas Water Code Section 36.108 - Joint Planning In Management Area
(a) In this section, "development board" means the Texas Water Development Board. (b) If two or more districts are located within the boundaries of the ...
- Texas Water Code Section 36.109 - Collection Of Information
A district may collect any information the board deems necessary, including information regarding the use of groundwater, water conservation, and the practicability of recharging a ...
- Texas Water Code Section 36.110 - Publication Of Plans And Information
A district may publish its plans and the information it develops, bring them to the attention of the users of groundwater in the district, and ...
- Texas Water Code Section 36.111 - Records And Reports
The district shall require that records be kept and reports be made of the drilling, equipping, and completing of water wells and of the production ...
- Texas Water Code Section 36.112 - Drillers' Logs
A district shall require that accurate drillers' logs be kept of water wells and that copies of drillers' logs and electric logs be filed with ...
- Texas Water Code Section 36.113 - Permits For Wells; Permit Amendments
(a) Except as provided by Section 36.117, a district shall require a permit for the drilling, equipping, operating, or completing of wells or for substantially ...
- Texas Water Code Section 36.1131 - Elements Of Permit
(a) A permit issued by the district to the applicant under Section 36.113 shall state the terms and provisions prescribed by the district. (b) The ...
- Texas Water Code Section 36.1132 - Permits Based On Managed Available Groundwater
A district, to the extent possible, shall issue permits up to the point that the total volume of groundwater permitted equals the managed available groundwater, ...
- Texas Water Code Section 36.114 - Permit; Permit Amendment; Application And Hearing
(a) The district by rule shall determine each activity regulated by the district for which a permit or permit amendment is required. (b) For each ...
- Texas Water Code Section 36.115 - Drilling Or Altering Well Without Permit
(a) No person, firm, or corporation may drill a well without first obtaining a permit from the district. (b) No person, firm, or corporation may ...
- Texas Water Code Section 36.116 - Regulation Of Spacing And Production
(a) In order to minimize as far as practicable the drawdown of the water table or the reduction of artesian pressure, to control subsidence, to ...
- Texas Water Code Section 36.117 - Exemptions; Exception; Limitations
(a) A district may exempt wells from the requirement of obtaining a drilling permit, an operating permit, or any other permit required by this chapter ...
- Texas Water Code Section 36.118 - Open Or Uncovered Wells
(a) A district may require the owner or lessee of land on which an open or uncovered well is located to keep the well permanently ...
- Texas Water Code Section 36.119 - Illegal Drilling And Operation Of Well; Citizen Suit
(a) Drilling a well without a required permit or operating a well at a higher rate of production than the rate approved for the well ...
- Texas Water Code Section 36.120 - Information
On request of the executive director or the executive administrator, the district shall make available information that it acquires concerning the groundwater resources within its ...
- Texas Water Code Section 36.121 - Limitation On Rulemaking Power Of Districts Over Wells In Certain Counties
Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under ...
- Texas Water Code Section 36.122 - Transfer Of Groundwater Out Of District
(a) If an application for a permit or an amendment to a permit under Section 36.113 proposes the transfer of groundwater outside of a district's ...
- Texas Water Code Section 36.123 - Right To Enter Land
(a) The directors, engineers, attorneys, agents, operators, and employees of a district or water supply corporation may go on any land to inspect, make surveys, ...
- Texas Water Code Section 36.124 - District Act Or Proceeding Presumed Valid
(a) A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance ...
- Texas Water Code Section 36.151 - Expenditures
(a) A district's money may be disbursed only by check, draft, order, or other instrument. (b) Disbursements shall be signed by at least two directors, ...
- Texas Water Code Section 36.152 - Fiscal Year
(a) The district shall be operated on the basis of a fiscal year established by the board. (b) The fiscal year may not be changed ...
- Texas Water Code Section 36.153 - Annual Audit
(a) Annually and subject to Subsection (c), the board shall have an audit made of the financial condition of the district. (b) The annual audit ...
- Texas Water Code Section 36.154 - Annual Budget
(a) The board shall prepare and approve an annual budget. (b) The budget shall contain a complete financial statement, including a statement of: (1) the ...
- Texas Water Code Section 36.155 - Depository
(a) The board shall name one or more banks to serve as depository for the district funds. (b) District funds, other than those transmitted to ...
- Texas Water Code Section 36.156 - Investments
(a) Funds of the district may be invested and reinvested in accordance with the provisions of the Public Funds Investment Act, Chapter 2256, Government Code. ...
- Texas Water Code Section 36.1561 - Investment Officer
(a) Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district. (b) The investment officer ...
- Texas Water Code Section 36.157 - Repayment Of Organizational Expenses
(a) A district may pay all costs and expenses necessarily incurred in the creation and organization of a district, including legal fees and other incidental ...
- Texas Water Code Section 36.158 - Grants
A district may make or accept grants, gratuities, advances, or loans in any form to or from any source approved by the board, including any ...
- Texas Water Code Section 36.159 - Groundwater District Management Plan Funds
The Texas Water Development Board may allocate funds from the water assistance fund to a district to conduct initial data collections under this chapter, to ...
- Texas Water Code Section 36.160 - Funds
The Texas Water Development Board, the commission, the Parks and Wildlife Department, the Texas Agricultural Extension Service, and institutions of higher education may allocate funds ...
- Texas Water Code Section 36.161 - Eligibility For Funding
(a) The Texas Water Development Board may provide funds under Sections 36.159 and 36.160, Chapters 15, 16, and 17, and Subchapter L of this chapter ...
- Texas Water Code Section 36.171 - Issuance Of Bonds And Notes
(a) The board may issue and sell bonds and notes in the name of the district for any lawful purpose of the district. A district ...
- Texas Water Code Section 36.172 - Manner Of Repayment Of Bonds And Notes
The board may provide for the payment of principal of and interest on the bonds and notes in any one of the following manners: (1) ...
- Texas Water Code Section 36.173 - Additional Security For Bonds And Notes
(a) The bonds and notes may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties ...
- Texas Water Code Section 36.174 - Form Of Bonds Or Notes
(a) A district may issue its bonds or notes in various series or issues. (b) Bonds or notes may mature serially or otherwise not more ...
- Texas Water Code Section 36.175 - Provisions Of Bonds And Notes
(a) In the orders or resolutions authorizing the issuance of bonds or notes, including refunding bonds, the board may provide for the flow of funds, ...
- Texas Water Code Section 36.176 - Refunding Bonds
(a) A district may issue bonds to refund all or any part of its outstanding bonds or notes, including matured but unpaid interest coupons. (b) ...
- Texas Water Code Section 36.177 - Bonds And Notes As Investments
District bonds and notes are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and loan associations; (5) insurance ...
- Texas Water Code Section 36.178 - Bonds And Notes As Security For Deposits
District bonds and notes are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of ...
- Texas Water Code Section 36.179 - Tax Status Of Bonds And Notes
Since a district governed by this chapter is a public entity performing an essential public function, bonds and notes issued by the district, any transaction ...
- Texas Water Code Section 36.180 - Election
(a) Bonds or notes secured in whole or in part by taxes may not be issued by the district until authorized by a majority vote ...
- Texas Water Code Section 36.181 - Approval By Attorney General; Registration By Comptroller
(a) Bonds and notes issued by a district must be submitted to the attorney general for examination. (b) If the attorney general finds that the ...
- Texas Water Code Section 36.201 - Levy Of Taxes
(a) The board may annually levy taxes to pay the bonds issued by the district that are payable in whole or in part by taxes. ...
- Texas Water Code Section 36.202 - Board Authority
(a) The board may levy taxes for the entire year in which the district is created. (b) If territory is added to or annexed by ...
- Texas Water Code Section 36.203 - Tax Rate
In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. On determination of the ...
- Texas Water Code Section 36.204 - Tax Appraisal, Assessment And Collection
(a) The Tax Code governs the appraisal, assessment, and collection of district taxes. (b) The board may provide for the appointment of a tax assessor-collector ...
- Texas Water Code Section 36.205 - Authority To Set Fees
(a) A district may set fees for administrative acts of the district, such as filing applications. Fees set by a district may not unreasonably exceed ...
- Texas Water Code Section 36.206 - District Fees
(a) A temporary board may set user fees to pay for the creation and initial operation of a district, until such time as the district ...
- Texas Water Code Section 36.207 - Use Of Permit Fees Authorized By Special Law
A district may use funds obtained from permit fees collected pursuant to the special law governing the district for any purpose consistent with the district's ...
- Texas Water Code Section 36.251 - Suit Against District
A person, firm, corporation, or association of persons affected by and dissatisfied with any provision or with any rule or order made by a district ...
- Texas Water Code Section 36.252 - Suit To Be Expedited
A suit brought under this subchapter shall be advanced for trial and determined as expeditiously as possible. No postponement or continuance shall be granted except ...
- Texas Water Code Section 36.253 - Trial Of Suit
The burden of proof is on the petitioner, and the challenged law, rule, order, or act shall be deemed prima facie valid. The review on ...
- Texas Water Code Section 36.254 - Subchapter Cumulative
The provisions of this subchapter do not affect other legal or equitable remedies that may be available. Added by Acts 1995, 74th Leg., ch. 933, ...
- Texas Water Code Section 36.301 - Failure To Submit A Management Plan
If a board fails to submit a management plan or to receive certification of its management plan under Section 36.1072 or fails to submit or ...
- Texas Water Code Section 36.3011 - Failure Of District To Conduct Joint Planning
Not later than the 45th day after receiving the review panel's report under Section 36.108, the executive director or the commission shall take action to ...
- Texas Water Code Section 36.302 - Legislative Audit Review; Determination Of Whether District Is Operational
(a) A district is subject to review by the state auditor under the direction of the legislative audit committee pursuant to Chapter 321, Government Code. ...
- Texas Water Code Section 36.303 - Action By Commission
(a) If Section 36.108, 36.301, or 36.302(f) applies, the commission, after notice and hearing in accordance with Chapter 2001, Government Code, shall take action the ...
- Texas Water Code Section 36.3035 - Appointment Of A Receiver
(a) If the attorney general brings a suit for the appointment of a receiver for a district, a district court shall appoint a receiver if ...
- Texas Water Code Section 36.304 - Dissolution Of District
(a) The commission may dissolve a district that has no outstanding bonded indebtedness. (b) A district composed of territory entirely within one county may be ...
- Texas Water Code Section 36.305 - Notice Of Hearing For Dissolution Of Board Or District
(a) The commission shall give notice of the hearing for dissolution of a district or of a board which briefly describes the reasons for the ...
- Texas Water Code Section 36.306 - Investigation
The executive director shall investigate the facts and circumstances of any violations of any rule or order of the commission or any provisions of this ...
- Texas Water Code Section 36.307 - Order Of Dissolution Of Board
If the commission enters an order to dissolve the board, the commission shall notify the county commissioners court of each county which contains territory in ...
- Texas Water Code Section 36.308 - Certified Copy Of Order
The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in ...
- Texas Water Code Section 36.309 - Appeals
Appeals from any commission order shall be filed and heard in the district court of any of the counties in which the land is located. ...
- Texas Water Code Section 36.310 - Assets Escheat
Upon the dissolution of a district by the commission, all assets of the district shall be sold at public auction and the proceeds given to ...
- Texas Water Code Section 36.321 - Adding Land By Petition Of Landowner
The owner of land contiguous to a district may file with the board a notarized petition requesting that the owner's land be included in the ...
- Texas Water Code Section 36.322 - Assumption Of Bonds
If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxation that have been voted but ...
- Texas Water Code Section 36.323 - Hearing And Determination Of Petition
(a) The board shall hear and consider the petition and may add to the district the land described in the petition if it is considered ...
- Texas Water Code Section 36.324 - Recording Petition
A petition that is granted which adds land to the district shall be recorded in the office of the county clerk of the county or ...
- Texas Water Code Section 36.325 - Adding Certain Territory By Petition
(a) Landowners of a defined area of territory not already in a district may file with any district a petition requesting inclusion in that district. ...
- Texas Water Code Section 36.326 - Hearing On Petition
The board by order shall set the time and place of separate hearings on the petition to include the territory in the district. At least ...
- Texas Water Code Section 36.327 - Resolution To Add Territory
If the board finds after the hearing on the petition that the addition of the land would benefit the district and the territory to be ...
- Texas Water Code Section 36.328 - Election To Ratify Annexation Of Land
(a) Annexation of the territory is not final until ratified by a majority vote of the voters in the territory to be added. An election ...
- Texas Water Code Section 36.329 - Notice And Procedure Of Election
The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters ...
- Texas Water Code Section 36.330 - Liability Of Added Territory
The added territory shall bear its pro rata share of indebtedness or taxes that may be owed, contracted, or authorized by the district to which ...
- Texas Water Code Section 36.331 - Annexation Of Noncontiguous Territory
Land not contiguous to the existing boundaries of a district may not be added to or annexed to a district unless the land is located ...
- Texas Water Code Section 36.351 - Consolidation Of Districts
(a) Two or more districts may consolidate into one district. To initiate a consolidation, the board of a district shall adopt a resolution proposing a ...
- Texas Water Code Section 36.352 - Terms And Conditions Of Consolidation
(a) The terms and conditions for consolidation shall include: (1) adoption of a name for the district; (2) the number and apportionment of directors to ...
- Texas Water Code Section 36.353 - Notice And Hearing On Consolidation
(a) Each board shall publish notice and hold a public hearing within that district on the terms and conditions for consolidation of the districts. (b) ...
- Texas Water Code Section 36.354 - Elections To Approve Consolidation
(a) An election to ratify the consolidation is required in each district that initiates consolidation. An election is not required in a district that does ...
- Texas Water Code Section 36.355 - Governing Consolidated Districts
(a) After two or more districts are consolidated, they become one district and are governed as one district. (b) During the transition period, the officers ...
- Texas Water Code Section 36.356 - Debts Of Original Districts
(a) After two or more districts are consolidated, the consolidated district shall protect the debts of the original districts and shall assure that the debts ...
- Texas Water Code Section 36.357 - Assessment And Collection Of Taxes
If the consolidated district has taxing authority, the district shall assess and collect taxes on property on all property in the district for maintenance and ...
- Texas Water Code Section 36.358 - Voted But Unissued Bonds
If either district has voted but unissued bonds payable in whole or in part from taxation assumed by the consolidated district, the consolidated district may ...
- Texas Water Code Section 36.359 - Filing Of Order With County Clerk And Executive Director
A consolidation order issued by the board shall be kept in the records of the consolidated district, recorded in the office of the county clerk ...
- Texas Water Code Section 36.3705 - Definition
In this subchapter, "applicant" means a newly confirmed district applying for a loan from the loan fund. Added by Acts 2005, 79th Leg., ch. 970, ...
- Texas Water Code Section 36.371 - Groundwater District Loan Assistance Fund
(a) The groundwater district loan assistance fund is created, to be funded by direct appropriation and by the Texas Water Development Board from the water ...
- Texas Water Code Section 36.372 - Financial Assistance
(a) The loan fund may be used by the Texas Water Development Board to provide loans to newly confirmed districts and legislatively created districts that ...
- Texas Water Code Section 36.373 - Application For Assistance
(a) In an application to the Texas Water Development Board for financial assistance from the loan fund, the applicant shall include: (1) the name of ...
- Texas Water Code Section 36.374 - Approval Of Application
The Texas Water Development Board, by resolution, may approve an application if it finds that: (1) granting financial assistance to the applicant will serve the ...
- Texas Water Code Section 36.401 - Definition
In this subchapter, "applicant" means a person who is applying for a permit or a permit amendment. Added by Acts 2005, 79th Leg., ch. 970, ...
- Texas Water Code Section 36.402 - Applicability
Except as provided by Section 36.416, this subchapter applies to the notice and hearing process used by a district for permit and permit amendment applications. ...
- Texas Water Code Section 36.403 - Scheduling Of Hearing
(a) The general manager or board may schedule a hearing on permit or permit amendment applications received by the district as necessary, as provided by ...
- Texas Water Code Section 36.404 - Notice
(a) If the general manager or board schedules a hearing on an application for a permit or permit amendment, the general manager or board shall ...
- Texas Water Code Section 36.405 - Hearing Registration
The district may require each person who participates in a hearing to submit a hearing registration form stating: (1) the person's name; (2) the person's ...
- Texas Water Code Section 36.406 - Hearing Procedures
(a) A hearing must be conducted by: (1) a quorum of the board; or (2) an individual to whom the board has delegated in writing ...
- Texas Water Code Section 36.407 - Evidence
(a) The presiding officer shall admit evidence that is relevant to an issue at the hearing. (b) The presiding officer may exclude evidence that is ...
- Texas Water Code Section 36.408 - Recording
(a) Except as provided by Subsection (b), the presiding officer shall prepare and keep a record of each hearing in the form of an audio ...
- Texas Water Code Section 36.409 - Continuance
The presiding officer may continue a hearing from time to time and from place to place without providing notice under Section 36.404. If the presiding ...
- Texas Water Code Section 36.410 - Report
(a) Except as provided by Subsection (e), the presiding officer shall submit a report to the board not later than the 30th day after the ...
- Texas Water Code Section 36.411 - Board Action
The board shall act on a permit or permit amendment application not later than the 60th day after the date the final hearing on the ...
- Texas Water Code Section 36.412 - Request For Rehearing Or Findings And Conclusions
(a) An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of ...
- Texas Water Code Section 36.413 - Decision; When Final
(a) A decision by the board on a permit or permit amendment application is final: (1) if a request for rehearing is not filed on ...
- Texas Water Code Section 36.414 - Consolidated Hearing On Applications
(a) Except as provided by Subsection (b), a district shall process applications from a single applicant under consolidated notice and hearing procedures on written request ...
- Texas Water Code Section 36.415 - Rules; Additional Procedures
(a) A district by rule shall adopt procedural rules to implement this subchapter and may adopt notice and hearing procedures in addition to those provided ...
- Texas Water Code Section 36.416 - Hearings Conducted By State Office Of Administrative Hearings
If a district contracts with the State Office of Administrative Hearings to conduct a hearing, the hearing shall be conducted as provided by Subchapters C, ...
- Texas Water Code Section 36.417 - Rules; Alternative Dispute Resolution
A district by rule may develop and use alternative dispute resolution procedures in the manner provided for governmental bodies under Chapter 2009, Government Code. Added ...
- Texas Water Code Section 36.418 - Applicability Of Administrative Procedure Act
(a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority ...
- Texas Water Code Section 36.419 - Edwards Aquifer Authority
(a) Except as provided by Subsection (b), this subchapter does not apply to the Edwards Aquifer Authority. (b) Sections 36.412 and 36.413 apply to the ...
- Texas Water Code Section 37.001 - Definitions
In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "License" means an occupational license or class of license issued by the ...
- Texas Water Code Section 37.002 - Rules
The commission shall adopt any rules necessary to: (1) establish occupational licenses and registrations prescribed by Sections 26.0301, 26.3573, 26.452, and 26.456 of this code, ...
- Texas Water Code Section 37.003 - License Or Registration Required
A person may not engage in a business, occupation, or profession described by Section 26.0301, 26.3573, 26.452, or 26.456 of this code, Section 341.033, 341.034, ...
- Texas Water Code Section 37.004 - Qualifications
The commission may establish qualifications for each license and registration issued under this chapter. Added by Acts 2001, 77th Leg., ch. 880, § 1, eff. ...
- Texas Water Code Section 37.005 - Issuance And Denial Of Licenses And Registrations
(a) The commission shall establish requirements and uniform procedures for issuing licenses and registrations under this chapter. (b) The commission may waive any prerequisite to ...
- Texas Water Code Section 37.006 - Renewal Of License Or Registration
(a) The commission shall establish requirements and uniform procedures for renewing licenses and registrations. (b) The commission by rule may adopt a system under which ...
- Texas Water Code Section 37.007 - Licensing Examinations
(a) The commission shall prescribe the content of licensing examinations. Examinations shall be based on laws, rules, job duties, and standards relating to licenses issued ...
- Texas Water Code Section 37.008 - Training; Continuing Education
(a) The commission shall approve training programs necessary to qualify for or renew a license. (b) The commission shall establish and make available to the ...
- Texas Water Code Section 37.009 - Fees
(a) The commission shall establish and collect fees to cover the cost of administering and enforcing this chapter and licenses and registrations issued under this ...
- Texas Water Code Section 37.010 - Advertising
(a) The commission may not adopt rules restricting advertising or competitive bidding by a license or registration holder except to prohibit false, misleading, or deceptive ...
- Texas Water Code Section 37.011 - Complaints
The commission shall prepare and make available to the public information describing the procedures by which a person may submit licensing and registration complaints to ...
- Texas Water Code Section 37.012 - Compliance Information
In administering this chapter, the commission may require a person to provide information about other occupational licenses and registrations held by the person, including: (1) ...
- Texas Water Code Section 37.013 - Practice Of Occupation
A license or registration holder must engage in the business, occupation, or profession governed by the license or registration according to applicable laws and commission ...
- Texas Water Code Section 37.014 - Roster Of License Holders And Registrants
The commission shall maintain and make available to the public an official roster of persons who hold licenses and registrations issued under this chapter. Added ...
- Texas Water Code Section 37.015 - Power To Contract
The commission may contract with persons to provide services required by this chapter. The commission may authorize contractors to collect reasonable fees for the services ...
- Texas Water Code Section 41.001 - Ratification
The Rio Grande Compact, the text of which is set out in Section 41.009 of this code, was ratified by the legislature of this state ...
- Texas Water Code Section 41.002 - Original Copy
An original copy of the compact is on file in the office of the secretary of state. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 41.003 - Commissioner
The governor, with the advice and consent of the senate, shall appoint a commissioner to represent this state on the commission established by Article XII ...
- Texas Water Code Section 41.004 - Term Of Office
The commissioner holds office for a term of six (6) years and until his successor is appointed and has qualified. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 41.005 - Oath
The commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner. Acts 1971, 62nd ...
- Texas Water Code Section 41.006 - Compensation; Expenses
The commissioner is entitled to compensation as provided by legislative appropriation. On submission of detailed, sworn accounts, he is entitled to reimbursement for actual expenses ...
- Texas Water Code Section 41.007 - Employees; Administrative Expenses
The commissioner, in conjunction with the other members of the commission and as authorized by legislative appropriation, may employ engineering and clerical personnel and may ...
- Texas Water Code Section 41.008 - Powers And Duties
The commissioner is responsible for administering the provisions of the compact, and he has all the powers and duties prescribed by the compact. Acts 1971, ...
- Texas Water Code Section 41.0081 - Notice Of Compact Meetings
For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register. Added by Acts ...
- Texas Water Code Section 41.0082 - Cooperation Of Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission shall cooperate with the commissioner in the performance of his duties and shall furnish him any available data and ...
- Texas Water Code Section 41.009 - Text Of Compact
The Rio Grande Compact reads as follows: RIO GRANDE COMPACT The State of Colorado, the State of New Mexico, and the State of Texas, desiring ...
- Texas Water Code Section 42.001 - Ratification
The Pecos River Compact, the text of which is set out in Section 42.010 of this code, was ratified by the legislature of this state ...
- Texas Water Code Section 42.002 - Original Copy
An original copy of the compact is on file in the office of the secretary of state. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 42.003 - Commissioner
The governor, with the advice and consent of the senate, shall appoint a commissioner to represent this state on the commission established by Article V ...
- Texas Water Code Section 42.004 - Term Of Office
The commissioner holds office for a term of six years and until his successor is appointed and has qualified. Acts 1971, 62nd Leg., p. 110, ...
- Texas Water Code Section 42.005 - Oath
The commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner. Acts 1971, 62nd ...
- Texas Water Code Section 42.006 - Compensation; Expenses
The commissioner is entitled to compensation as provided by legislative appropriation. He is entitled to reimbursement for actual expenses incurred while traveling in the discharge ...
- Texas Water Code Section 42.007 - Employees; Administrative Expenses
The commissioner may employ engineering, legal, and clerical personnel as necessary to protect the interest of the state and to carry out and enforce the ...
- Texas Water Code Section 42.0071 - Notice Of Compact Meetings
For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register. Added by Acts ...
- Texas Water Code Section 42.008 - Powers And Duties
(a) The commissioner is responsible for administering the provisions of the compact, and he has all the powers and duties prescribed by the compact. (b) ...
- Texas Water Code Section 42.009 - Cooperation Of Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission shall cooperate with the commissioner in the performance of his duties and shall furnish him any available data and ...
- Texas Water Code Section 42.010 - Text Of Compact
The Pecos River Compact reads as follows: PECOS RIVER COMPACT Entered Into by the States ofNEW MEXICOandTEXAS Santa Fe, New Mexico December 3, 1948 The ...
- Texas Water Code Section 43.001 - Ratification
The Canadian River Compact, the text of which is set out in Section 43.006 of this code, was ratified by the legislature of this state ...
- Texas Water Code Section 43.002 - Original Copy
An original copy of the compact is on file in the office of the secretary of state. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 43.003 - Commissioner
The governor shall appoint a commissioner to represent this state on the commission established by Article IX of the compact. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 43.004 - Expenses
The commissioner is entitled to reimbursement for actual expenses incurred in the discharge of his duties. Acts 1971, 62nd Leg., p. 110, ch. 58, § ...
- Texas Water Code Section 43.0041 - Term Of Office
The commissioner holds office for a term of six years and until his successor is appointed and has qualified. Added by Acts 1985, 69th Leg., ...
- Texas Water Code Section 43.0042 - Oath
The commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner. Added by Acts ...
- Texas Water Code Section 43.0043 - Employees; Administrative Expenses
The commissioner, in conjunction with the other members of the commission and as authorized by legislative appropriation, may employ engineering and clerical personnel and may ...
- Texas Water Code Section 43.005 - Powers And Duties
(a) The commissioner is responsible for administering the provisions of the compact, and he has all the powers and duties prescribed by the compact. (b) ...
- Texas Water Code Section 43.0051 - Notice Of Compact Meetings
For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register. Added by Acts ...
- Texas Water Code Section 43.0052 - Cooperation Of Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission shall cooperate with the commissioner in the performance of his duties and shall furnish him any available data and ...
- Texas Water Code Section 43.0053 - Canadian River Revolving Fund
All sums of money paid to the Canadian River revolving fund composed solely of funds of the State of Texas shall be deposited in the ...
- Texas Water Code Section 43.006 - Text Of Compact
The Canadian River Compact reads as follows: CANADIAN RIVER COMPACT The State of New Mexico, the State of Texas, and the State of Oklahoma, acting ...
- Texas Water Code Section 44.001 - Ratification
The Sabine River Compact, the text of which is set out in Section 44.010 of this code, was ratified by the legislature of this state ...
- Texas Water Code Section 44.002 - Original Copy
An original copy of the compact is on file in the office of the secretary of state. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 44.003 - Members
The governor, with the advice and consent of the senate, shall appoint two members to represent this state on the administration established by Article VII ...
- Texas Water Code Section 44.004 - Terms Of Office
The members hold office for staggered terms of six years, with the term of one member expiring every three years. Each member holds office until ...
- Texas Water Code Section 44.005 - Oath
Each member shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as a member of the ...
- Texas Water Code Section 44.006 - Compensation; Expenses
Each member is entitled to compensation as provided by legislative appropriation and to reimbursement for actual expenses incurred in the discharge of his or her ...
- Texas Water Code Section 44.007 - Employees; Administrative Expenses
The members may make investigations and appoint engineering, legal, and clerical employees as necessary to protect the interest of this state and to carry out ...
- Texas Water Code Section 44.0071 - Notice Of Compact Meetings
For informational purposes, the commissioners shall file with the secretary of state notice of compact meetings for publication in the Texas Register. Added by Acts ...
- Texas Water Code Section 44.008 - Powers And Duties
(a) The members are responsible for administering the provisions of the compact, and have all the powers and duties prescribed by the compact. (b) The ...
- Texas Water Code Section 44.009 - Cooperation Of Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission shall cooperate with the members in the performance of their duties and shall furnish them any available data and ...
- Texas Water Code Section 44.010 - Text Of Compact
The Sabine River Compact reads as follows: SABINE RIVER COMPACT Entered Into by the States of LOUISIANA and TEXAS Logansport, Louisiana January 26, 1953 SABINE ...
- Texas Water Code Section 46.001 - Ratification
The Red River Compact, the text of which is set out in Section 46.013 of this code, is ratified and confirmed in all respects after ...
- Texas Water Code Section 46.002 - Original Copy
An original copy of the compact is on file in the office of the secretary of state. Added by Acts 1979, 66th Leg., p. 551, ...
- Texas Water Code Section 46.003 - Commissioner
The governor, with the advice and consent of the senate, shall appoint a commissioner to represent this state on the commission established by Article IX ...
- Texas Water Code Section 46.004 - Term Of Office
The appointed commissioner holds office for a term of six years and until his or her successor is appointed and qualified. Added by Acts 1979, ...
- Texas Water Code Section 46.005 - Oath
The appointed commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his or her duties as commissioner. ...
- Texas Water Code Section 46.006 - Compensation; Expenses
(a) The appointed commissioner is entitled to receive as compensation $15,600 a year until otherwise provided by legislative appropriation and is entitled to reimbursement for ...
- Texas Water Code Section 46.007 - Powers And Duties
The appointed commissioner is responsible for administering the provisions of the compact and has all the powers and duties prescribed by the compact. Added by ...
- Texas Water Code Section 46.0071 - Notice Of Compact Meetings
For informational purposes, the commissioner shall file with the secretary of state notice of compact meetings for publication in the Texas Register. Added by Acts ...
- Texas Water Code Section 46.008 - Executive Director
(a) The executive director of the Texas Natural Resource Conservation Commission or a designated representative selected from the staff of the Texas Natural Resource Conservation ...
- Texas Water Code Section 46.009 - Employees; Administrative Expenses
The commissioners, in conjunction with other members of the commission and as authorized by the legislature, may employ engineering and clerical personnel and may incur ...
- Texas Water Code Section 46.010 - Cooperation Of Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission shall cooperate with the commissioners in the performance of their duties and shall furnish them any factual data and ...
- Texas Water Code Section 46.011 - Notification Of Other Parties; Copies
The governor shall notify the Governor of Arkansas, the Governor of Louisiana, the Governor of Oklahoma, and the President of the United States of the ...
- Texas Water Code Section 46.012 - Time When Compact Binding
The compact is binding and obligatory when it is ratified by the legislatures of Arkansas, Louisiana, and Oklahoma and consented to by the United States ...
- Texas Water Code Section 46.013 - Text Of Compact
The Red River Compact reads as follows: "PREAMBLE "The States of Arkansas, Louisiana, Oklahoma, and Texas, pursuant to the acts of their respective Governors or ...
- Texas Water Code Section 49.236 - Notice Of Tax Hearing
Text of section as added by Acts 2003, 78th Leg., ch. 248, § 18 (a) Before the board adopts an ad valorem tax rate ...
- Texas Water Code Section 49.236 - Notice Of Tax Hearing
Text of section as added by Acts 2003, 78th Leg., ch. 335, § 1 (a) Before the board adopts an ad valorem tax rate ...
- Texas Water Code Section 49.237 - District Consent Requirement
(a) This section applies only to a district that: (1) provides potable water or sewer service; (2) contracts for or employs peace officers; (3) maintains ...
- Texas Water Code Section 49.271 - Contracts For Construction Work
(a) Any contract made by the board for construction work shall conform to the provisions of this chapter. (b) The contract shall contain, incorporate by ...
- Texas Water Code Section 49.272 - Reports Furnished To Prospective Bidders
The board shall furnish to any person who desires to bid on construction work, and who makes a request in writing, a copy of the ...
- Texas Water Code Section 49.273 - Contract Award
(a) The board shall contract for construction and repair and renovation of district facilities and for the purchase of equipment, materials, machinery, and all things ...
- Texas Water Code Section 49.274 - Emergency Approval Of District Projects
If a district experiences an emergency condition that may create a serious health hazard or unreasonable economic loss to the district that requires immediate corrective ...
- Texas Water Code Section 49.275 - Contractor's Bond
Any person, firm, partnership, or corporation to whom a contract is let must give good and sufficient performance and payment bonds in accordance with Chapter ...
- Texas Water Code Section 49.276 - Payment For Construction Work
(a) The district shall pay the contract price of construction contracts only as provided in this section. (b) The district will make progress payments under ...
- Texas Water Code Section 49.277 - Inspection Of And Reports On Construction Work
(a) The board shall have control of construction work being done for the district under contract to determine whether or not the contract is being ...
- Texas Water Code Section 49.278 - Nonapplicability
(a) This subchapter does not apply to: (1) equipment, materials, or machinery purchased by the district at an auction that is open to the public; ...
- Texas Water Code Section 49.279 - Prevailing Wage Rates
In addition to the alternative procedures provided by Section 2258.022, Government Code: (1) a district located wholly or partially within one or more municipalities or ...
- Texas Water Code Section 49.301 - Adding Land By Petition Of Landowner
(a) In addition to any other provision provided by law, the owner or owners of land whether or not contiguous to the district or otherwise ...
- Texas Water Code Section 49.302 - Adding Land By Petition Of Less Than All The Landowners
(a) In addition to the method of adding land to a district described in Section 49.301, defined areas of land, whether or not they are ...
- Texas Water Code Section 49.303 - Excluding Land Or Other Property From District
(a) A district may exclude land or other property from the district under this subchapter if the district has no outstanding bonds payable in whole ...
- Texas Water Code Section 49.304 - Hearing To Announce Proposed Exclusions And To Receive Petitions
(a) If the board determines that an exclusion hearing should be held as provided by Section 49.303, the board shall give notice of the time ...
- Texas Water Code Section 49.305 - Petition
(a) A petition for exclusion of land must accurately describe by metes and bounds or lot and block number the land to be excluded. A ...
- Texas Water Code Section 49.306 - Grounds For Exclusion
Exclusions from the district may be made on the grounds that: (1) to retain certain land or other property within the district's taxing power would ...
- Texas Water Code Section 49.307 - Hearing And Order Excluding Land
(a) The board may adjourn the hearing from one day to another and until all persons desiring to be heard are heard. The board immediately ...
- Texas Water Code Section 49.3075 - Exclusion For Failure To Provide Sufficient Services; No Outstanding Bonds
(a) The board shall call a hearing on the exclusion of land from a district on a written petition filed with the secretary of the ...
- Texas Water Code Section 49.3076 - Exclusion For Failure To Provide Sufficient Services; Bonds Outstanding
(a) The board of a district that has a total area of more than 5,000 acres shall call a hearing on the exclusion of land ...
- Texas Water Code Section 49.3077 - Tax Liability Of Excluded Land; Bonds Outstanding
(a) Land excluded from a district under Section 49.3076 that is pledged as security for any outstanding debt of the district remains pledged for its ...
- Texas Water Code Section 49.308 - Suit To Review Exclusion
(a) Any person owning an interest in land affected by the order may file a petition within 20 days after the effective date of the ...
- Texas Water Code Section 49.309 - Exclusion Of Nonirrigated Property
For the purposes of this section and Sections 49.310 through 49.314, the following definitions shall apply: (1)(A) "Nonirrigated property" means land that: (i) is not ...
- Texas Water Code Section 49.310 - Authority To Exclude Land
(a) A petition for exclusion may be filed by the owner or owners, or their authorized agent, of a majority in acreage of nonirrigated property ...
- Texas Water Code Section 49.311 - Consent From Holders Of Indebtedness
If the district has outstanding bonded indebtedness, or indebtedness under a loan from a governmental agency, a written consent from an authorized representative of the ...
- Texas Water Code Section 49.312 - Results Of Exclusion
(a) Upon issuance of an order excluding property, that property is no longer a part of the district and is not entitled to water service ...
- Texas Water Code Section 49.313 - District Facilities On Excluded Property
If any canals, ditches, pipelines, pumps, or other facilities of the district are located on lands excluded by the resolution of the board, the exclusion ...
- Texas Water Code Section 49.314 - Water Allocations
(a) After the district adopts an order excluding nonirrigated property, a city or other water supply corporation that serves the excluded land with a potable ...
- Texas Water Code Section 49.315 - Adding And Excluding Land Before Confirmation
(a) A district may add or exclude land in accordance with this subchapter: (1) after a district is created by order of the commission or ...
- Texas Water Code Section 49.321 - Dissolution Authority
After notice and hearing, the commission may dissolve any district that is inactive for a period of five consecutive years and has no outstanding bonded ...
- Texas Water Code Section 49.322 - Notice Of Hearing
(a) The commission shall give notice of the dissolution hearing that briefly describes the reasons for the proceeding. (b) The notice shall be published once ...
- Texas Water Code Section 49.323 - Investigation
The executive director shall investigate the facts and circumstances of the district to be dissolved and the result of the investigation shall be included in ...
- Texas Water Code Section 49.324 - Order Of Dissolution
The commission may enter an order dissolving the district at the conclusion of the hearing if it finds that the district has performed none of ...
- Texas Water Code Section 49.325 - Certified Copy Of Order
The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in ...
- Texas Water Code Section 49.326 - Appeals
(a) Appeals from a commission order dissolving a district shall be filed and heard in the district court of any of the counties in which ...
- Texas Water Code Section 49.327 - Assets Escheat To State
Upon the dissolution of a district by the commission, all assets of the district shall escheat to the State of Texas. The assets shall be ...
- Texas Water Code Section 49.351 - Fire Departments
(a) A district providing potable water or sewer service to household users may establish, operate, and maintain a fire department to perform all fire-fighting services ...
- Texas Water Code Section 49.352 - Municipal System In Unserved Area
(a) This section applies only to a home-rule municipality that: (1) is located in a county with a population of more than 1.75 million that ...
- Texas Water Code Section 49.451 - Posting Signs In The District
(a) A district subject to the notice requirements of Section 49.452 shall, within 30 days after the effective date of this section or the creation ...
- Texas Water Code Section 49.452 - Notice To Purchasers
(a)(1) Any person who proposes to sell or convey real property located in a district created under this title or by a special Act of ...
- Texas Water Code Section 49.453 - Notice Form From District
(a) A district covered by Section 49.452 shall also maintain in the district office the particular form of Notice to Purchasers required by Section 49.452 ...
- Texas Water Code Section 49.454 - Notice Of Unpaid Standby Fees
(a) A district covered by Section 49.452 shall, on the written request of any person, issue a certificate stating the amount of any unpaid standby ...
- Texas Water Code Section 49.455 - Filing Information
(a) The board covered by the provisions of Section 49.452 shall file with the county clerk in each of the counties in which all or ...
- Texas Water Code Section 49.456 - Bankruptcy Of Districts; Authority Of Commission
(a) Notwithstanding Section 140.001, Local Government Code, or any other law of this state, a district created under Sections 52(b)(1) and (2), Article III, or ...
- Texas Water Code Section 49.461 - Policy And Purpose
(a) The legislature finds that: (1) the provision of parks and recreational facilities is necessary and desirable for the health and well-being of the people ...
- Texas Water Code Section 49.462 - Definitions
In this subchapter: (1) "Recreational facilities" means parks, landscaping, parkways, greenbelts, sidewalks, trails, public right-of-way beautification projects, and recreational equipment and facilities. The term includes ...
- Texas Water Code Section 49.463 - Authorization Of Recreational Facilities
In addition to the other purposes for which a district is created, a district is created for the purpose of financing, developing, and maintaining recreational ...
- Texas Water Code Section 49.464 - Acquisition Of And Payment For Recreational Facilities
(a) Except as provided by Section 49.4645, a district may not issue bonds supported by ad valorem taxes to pay for the development and maintenance ...
- Texas Water Code Section 49.4645 - District In Certain Counties: Bonds For Recreational Facilities
(a) A district all or part of which is located in Bastrop County, Bexar County, Waller County, Travis County, Williamson County, Harris County, Galveston County, ...
- Texas Water Code Section 49.465 - Standards
The board by rule shall establish standards for recreational facilities to be developed and maintained by a district and for the allocation of a district's ...
- Texas Water Code Section 49.466 - Commission Rules
(a) The commission shall adopt rules regarding the provision and financing of recreational facilities funded through the issuance of bonds that are supported by ad ...
- Texas Water Code Section 50.004 - Write-In Voting In Certain Districts
(a) In a general election for board members under this chapter or Chapter 51, 52, 53, 54, 55, or 58 of this code, a write-in ...
- Texas Water Code Section 50.107 - Authority Of Commission Over Issuance Of District Bonds
(a) Notwithstanding any other law to the contrary, a district, other than a navigation district, created under Article XVI, Section 59, of the Texas Constitution, ...
- Texas Water Code Section 51.001 - Definitions
In this chapter: (1) "District" means a water control and improvement district. (2) "Board" means the board of directors of a district. (3) "Director" means ...
- Texas Water Code Section 51.011 - Creation Of District
A water control and improvement district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of ...
- Texas Water Code Section 51.012 - Composition Of District
(a) A district may include all or part of one or more counties, including any town, village, or municipal corporation, and may include any other ...
- Texas Water Code Section 51.013 - Petition
(a) A petition requesting creation of a district shall be signed by a majority of the persons who hold title to land in the proposed ...
- Texas Water Code Section 51.014 - Contents Of Petition
The petition shall include: (1) the name of the district; (2) the area and boundaries of the district; (3) the provision of the Texas Constitution ...
- Texas Water Code Section 51.015 - Place Of Filing; Recording
(a) The petition shall be filed in the office of the county clerk of the county in which the district is located. If land in ...
- Texas Water Code Section 51.016 - Commissioners Court Or Commission To Consider Creation Of District
If the land to be included in a district is within one county, the creation of the district shall be considered and ordered by the ...
- Texas Water Code Section 51.017 - Single-County District: Hearing
(a) Except as provided in Subchapter H of this chapter, if a petition is filed for the creation of a district within one county, the ...
- Texas Water Code Section 51.018 - Single-County District: Notice Of Hearing
(a) The notice of hearing on the petition shall include a statement of the nature and purpose of the district and the date, time, and ...
- Texas Water Code Section 51.019 - Single-County District: Name
(a) A district located in one county may be named the ____________ County Water Control and Improvement District, Number ____. (Insert the name of the ...
- Texas Water Code Section 51.020 - Single-County District: Testimony At Hearing
(a) At the hearing on the petition, any person whose land is included in or would be affected by the creation of the district may ...
- Texas Water Code Section 51.021 - Single-County District: Granting Or Refusing Petition
(a) The commissioners court or the commission shall grant the petition requesting the creation of a district if it appears at the hearing that: (1) ...
- Texas Water Code Section 51.022 - Single-County District: Appeal From Order Of Commissioners Court
(a) If the commissioners court grants or refuses to grant the petition, any person who signed the petition or any person who appears and protests ...
- Texas Water Code Section 51.023 - Single-County District: Record On Appeal; Notice Of Appeal
(a) On completion of an appeal as provided in Section 51.022 of this code, the clerk of the commissioners court shall, within 10 days, prepare ...
- Texas Water Code Section 51.024 - Single-County District: Hearing In District Court; Procedure
(a) The district court, either in term time or in vacation time, shall schedule the appeal for hearing with all reasonable dispatch. (b) In the ...
- Texas Water Code Section 51.025 - Single-County District: Judgment Of District Court; Appeal
(a) In the appeal, the district court shall apply to the determination its full powers to the end that substantial justice may be done. (b) ...
- Texas Water Code Section 51.026 - Single-County District: Appointment Of Directors; Bond
(a) If the commissioners court grants a petition for creation of a district, it shall appoint five directors who shall serve until their successors are ...
- Texas Water Code Section 51.027 - Multi-County District: Hearing By Commission
(a) The commission shall have exclusive jurisdiction and power to hear and determine all petitions for creation of a district which will include land or ...
- Texas Water Code Section 51.028 - Multi-County District: Notice Of Hearing
(a) When a petition is filed, the commission shall give notice of an application in the manner provided in Section 49.011 and may conduct a ...
- Texas Water Code Section 51.031 - Multi-County District: Appeal From Commission Decision
(a) When the commission grants or refuses a petition, any person who comes within the requirements specified in Sections 51.020-51.025 of this code may prosecute ...
- Texas Water Code Section 51.032 - Multi-County District: Appointment Of Directors By Commission; Bond
(a) If the commission grants the petition for creation of the district, it shall appoint five directors, who shall serve until their successors are elected ...
- Texas Water Code Section 51.035 - Inclusion Of City, Town, Or Municipal Corporation In District
(a) No city, town, or municipal corporation may be included within any district created under this chapter unless the proposition for the creation of the ...
- Texas Water Code Section 51.036 - Confirmation Election In District Including Land In More Than One County
No district, the major portion of which is located in one county, may be organized to include land in another county unless the election held ...
- Texas Water Code Section 51.037 - Exclusion Of Parts Of District; Dissolution
(a) If any portion of a district governed by Sections 51.035 and 51.036 of this code, votes against the creation of the district and the ...
- Texas Water Code Section 51.038 - Municipal Districts
(a) A district operating under the provisions of this chapter may, by order of the board entered in the minutes, become a "municipal district." (b) ...
- Texas Water Code Section 51.039 - Bonds Of Municipal Districts
(a) A district operating under Section 51.038 of this code may issue bonds which bear the legend "municipal bond." (b) Bonds issued in compliance with ...
- Texas Water Code Section 51.040 - Conversion Of Certain Districts Into Districts Operating Under This Chapter
(a) Any water improvement district, levee improvement district, or irrigation district created under Article III, Section 52, of the Texas Constitution, or under Article XVI, ...
- Texas Water Code Section 51.041 - Conversion Of District; Notice
(a) Notice of the adoption of a resolution under Section 51.040 of this code shall be given by publishing the resolution in a newspaper with ...
- Texas Water Code Section 51.042 - Conversion Of District; Findings
(a) If, on a hearing, the governing body of the district finds that conversion of the district into one operating under this chapter would serve ...
- Texas Water Code Section 51.043 - Effect Of Conversion
A district which converts into a district operating under this chapter shall: (1) be constituted a water control and improvement district operating under and governed ...
- Texas Water Code Section 51.044 - Reservation Of Certain Powers For Converted Districts
(a) Any water improvement district, water control and preservation district, fresh water supply district, levee improvement district, drainage district, or navigation district, after conversion under ...
- Texas Water Code Section 51.045 - Conversion Of A District Operating Under This Chapter To A Fresh Water Supply District
(a) Any district operating under this chapter may be converted into a district operating as a fresh water supply district under Chapter 53 of this ...
- Texas Water Code Section 51.046 - Organization Of District To Conduct Preliminary Surveys
A district may be organized for the sole purpose of conducting preliminary surveys to determine whether or not improvements are needed and what improvements, if ...
- Texas Water Code Section 51.047 - Creation Of Master District
A master district may be created under this chapter and may include all or any part of the area of one or more districts created ...
- Texas Water Code Section 51.048 - Purposes Of Master District
(a) A master district may be created to conduct preliminary surveys and to develop a plan for the control and use of the water of ...
- Texas Water Code Section 51.049 - Master District; Procedure
(a) The Commission shall have exclusive jurisdiction to hear and determine petitions for the creation of a master district. (b) Each district composing part of ...
- Texas Water Code Section 51.050 - Master District; Directors
A master district may have directors which number five, seven, or any other uneven number up to 21. (b) The number shall be determined at ...
- Texas Water Code Section 51.051 - Master District Governed By Chapter
The provisions of this chapter, where applicable, shall govern a master district in: (1) the procedure for its creation; (2) the conduct of its affairs; ...
- Texas Water Code Section 51.052 - City, Town, Or Municipal Corporation Created As A District
(a) Any city, town, or municipal corporation may have the benefit and powers provided in this chapter under the Texas Constitution and may aid any ...
- Texas Water Code Section 51.071 - Board Of Directors
The governing body of a district is the board of directors, which shall consist of five directors. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 51.0711 - Special Director
(a) The governing body of a municipality that enters a contract or agreement with a district located in more than one county to jointly construct, ...
- Texas Water Code Section 51.072 - Qualifications For Director
To be qualified for election as a director, a person must be a resident of the state, own land subject to taxation in the district, ...
- Texas Water Code Section 51.0731 - Election Date For Certain Directors
The election date for directors of a district proposing to provide or actually providing water and sewer services or either of these services to household ...
- Texas Water Code Section 51.0732 - Uniform Election Date
Notwithstanding the election date prescribed by Section 51.0731 of this code, an election held under that section shall be held on a uniform election date ...
- Texas Water Code Section 51.075 - Application To Get On Ballot
A candidate for the office of director or other elective office may file an application with the secretary of the board to have the candidate's ...
- Texas Water Code Section 51.076 - Selection Of Directors In Certain Districts
(a) In a district created after June 18, 1967, with boundaries coterminous with the boundaries of a county, the commissioners court may provide in the ...
- Texas Water Code Section 51.085 - District Tax Assessor And Collector
The board may appoint one person to the office of tax assessor and collector, or it may order an election to fill that office. Acts ...
- Texas Water Code Section 51.090 - Bonds Of Officers Of A District Acting As Fiscal Agent Or Collecting Money For United States
(a) If a district is appointed fiscal agent for the United States or if a district is authorized to make collections of money for the ...
- Texas Water Code Section 51.0951 - Meetings In Certain Districts
After at least 25 qualified electors are residing in a district covered by Section 51.0941 of this code, on written request of at least five ...
- Texas Water Code Section 51.121 - Purposes Of District
(a) A water control and improvement district organized under the provisions of Article III, Section 52, of the Texas Constitution, may provide for: (1) the ...
- Texas Water Code Section 51.122 - Adopting Rules And Regulations
A district may adopt and enforce reasonable rules and regulations to: (1) secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as ...
- Texas Water Code Section 51.125 - Construction Of Improvements
A district may construct all works and improvements necessary: (1) for the prevention of floods; (2) for the irrigation of land in the district; (3) ...
- Texas Water Code Section 51.127 - Adopting Rules And Regulations
A district may adopt and make known reasonable regulations to: (1) secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary ...
- Texas Water Code Section 51.128 - Effect Of Rules And Regulations
After the required publication, rules and regulations adopted by the district under Section 51.127 of this code shall be recognized by the courts as if ...
- Texas Water Code Section 51.129 - Publication Of Rules And Regulations
(a) The board shall publish once a week for two consecutive weeks a substantive statement of the rules or regulations and the penalty for their ...
- Texas Water Code Section 51.130 - Effective Date Of Rules And Regulations
The penalty for violation of a rule or regulation is not effective and enforceable until five days after the publication of the notice. Five days ...
- Texas Water Code Section 51.133 - Constructing Bridges And Culverts Across And Over County And Public Roads
The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads. Funds of the ...
- Texas Water Code Section 51.134 - Constructing Culverts And Bridges Across And Under Railroad Tracks, Roadways, And Interurban Or Street Railways
(a) The district, at its own expense, may build necessary bridges and culverts across or under any railroad tracks or roadways of any railroad or ...
- Texas Water Code Section 51.135 - Contracting For Toll Bridges And Ferry Service
(a) A district may make contracts with responsible persons for the construction and operation of toll bridges over the district's water for not more than ...
- Texas Water Code Section 51.149 - Contracts
(a) Notwithstanding Section 49.108(e), no approval other than that specified in Subsection (c) need be obtained in order for a contract between a district and ...
- Texas Water Code Section 51.150 - Contracts With Other Districts Or Water Supply Corporations
(a) In this section, "authorized water district" means a district created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution. ...
- Texas Water Code Section 51.156 - Contract With The United States
(a) The board of a district organized under the provisions of Article XVI, Section 59, of the Texas Constitution to irrigate arid land may contract ...
- Texas Water Code Section 51.157 - Construction Charges Under A Contract With The United States
The construction charges under a contract with the United States may include the cost of drainage and flood-control works necessary to control floods or to ...
- Texas Water Code Section 51.158 - Election To Approve A Contract With The United States
(a) The electors of the district shall vote to approve every contract involving the payment of construction charges to the United States. The provisions of ...
- Texas Water Code Section 51.159 - Conveying Property To The United States
A district may convey any property to the United States necessary for the construction, operation, or maintenance of federal reclamation works used or to be ...
- Texas Water Code Section 51.160 - Engineering Data Unnecessary
If a district contracts with the United States under the provisions of Section 51.155 of this code for use by the district of federal reclamation ...
- Texas Water Code Section 51.161 - Consent Of United States To Alter District's Boundaries
Until all money has been paid by the district which is due to the United States under a contract relating to a federal reclamation project, ...
- Texas Water Code Section 51.162 - Taxes Levied By District Under Contract With The United States
(a) A district which enters into a contract with the United States shall levy annually sufficient taxes to provide payment of all installments required by ...
- Texas Water Code Section 51.163 - Assessments For Contracts With The United States
The board shall levy annually sufficient assessments to collect the money required to pay all the district's obligations in full when due regardless of any ...
- Texas Water Code Section 51.164 - Duration Of Annual Levies For Contracts With The United States
The board shall continue annual levies for payment of construction charges each year against each tract of land in the district even though construction charges ...
- Texas Water Code Section 51.165 - Superiority Of Lien To Secure Contract With The United States
The lien against district land created by a contract with the United States shall be superior to the lien created by any district bonds approved ...
- Texas Water Code Section 51.166 - District's Authority To Solicit Cooperation, Donations And Contributions From Other Agencies
A district organized under the provisions of this chapter may solicit cooperation, donations, and contributions from the United States, the state, or any other state ...
- Texas Water Code Section 51.167 - Expense Of Procuring Cooperation And Contributions From Other Agencies
A district may incur reasonable expense to procure cooperation under Section 51.166 of this code in adding to the area of the district or with ...
- Texas Water Code Section 51.168 - Authority Of Contributor
(a) Any water improvement district, water control and improvement district, levee improvement district, county, city, town, or other political subdivision of the state may contract ...
- Texas Water Code Section 51.169 - Issuance Of Bonds By Contributor
(a) The contract may provide for the issuance of bonds by the contributor and for direct payment from the proceeds of the bonds to contractors ...
- Texas Water Code Section 51.170 - Annual Tax By Contributor
(a) The contract for contribution may provide that instead of issuing bonds the contributor may levy, assess, and collect an annual tax in a specific ...
- Texas Water Code Section 51.171 - Contributions From Unappropriated Or Available Funds Of Contributor
(a) If the proposed contributor has an unappropriated fund or a fund which is not required for actual use even though otherwise appropriated, the fund ...
- Texas Water Code Section 51.172 - Liability On Contracts Of Acquired Irrigation System
If a district acquires an established irrigation system which has contracted to supply water to others and the holders of the contracts or the lands ...
- Texas Water Code Section 51.173 - Authority To Lease Irrigation System Serving The District
(a) The board, by resolution, may lease all or part of any irrigation system serving all or part of the district, including distribution laterals, trunk ...
- Texas Water Code Section 51.174 - Covenants And Agreements Included In Lease
(a) The lease shall expressly state that the sums payable under the terms of the lease and the lease itself shall not constitute an indebtedness ...
- Texas Water Code Section 51.175 - Revenue For Payment Of Lease Rental
(a) All money due the lessor under the lease shall be payable solely from the revenue derived by the district from the sale of water ...
- Texas Water Code Section 51.1751 - Additional Sources For Payment Of Lease
(a) Notwithstanding any other provision of this chapter, a district may make payments from tax revenue under a lease of all or any part of ...
- Texas Water Code Section 51.176 - Receiver For Leased Irrigation System
(a) If the district defaults in the payments due under a lease, the lessor may petition a court of competent jurisdiction to appoint a receiver ...
- Texas Water Code Section 51.177 - Joint Lease By Two Or More Districts
The boards of two or more districts may adopt resolutions to enter into a joint lease under the provisions of Section 51.173 of this code. ...
- Texas Water Code Section 51.178 - Authority To Acquire Irrigation System Subject To Mortgage
A district may acquire by gift, grant, or purchase any part of an irrigation system serving the district which is subject to a mortgage or ...
- Texas Water Code Section 51.179 - Revenue For Payment Of Mortgage
(a) The board may determine conclusively by resolution whether the mortgage or encumbrance represents all or part of the cost of the acquired property and ...
- Texas Water Code Section 51.180 - Election To Approve Revenue For Payment Of Mortgage
(a) If tax and bond revenue is pledged to pay amount due under the encumbrance, the district must hold an election and receive the approval ...
- Texas Water Code Section 51.181 - Joint Acquisition Of Mortgaged System By Two Or More Districts
(a) Two or more districts jointly may acquire by gift, grant, or purchase any part of an irrigation system serving the districts subject to a ...
- Texas Water Code Section 51.182 - Authority To Lease Facilities To Water Customers
(a) A district may lease to any person, firm, or corporation which is a bona fide water customer of the district any of its river ...
- Texas Water Code Section 51.184 - Preference In Use Of Water
(a) The board may award the use of district water in the following order of preference and superiority: (1) domestic and municipal use; (2) industrial ...
- Texas Water Code Section 51.185 - Suit To Protect Water Rights
The board may institute and maintain any suit or suits to protect the water supply or other rights of the district, to prevent any unlawful ...
- Texas Water Code Section 51.186 - Transfer Of Water Right
If there is land in a district which has a water right from a source of supply acquired by the district but the land is ...
- Texas Water Code Section 51.187 - Selling Waterpower Privileges
(a) The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs or ...
- Texas Water Code Section 51.188 - Selling Surplus Water
The district may sell any surplus district water for use in irrigation or for domestic or commercial uses to any person who owns or uses ...
- Texas Water Code Section 51.189 - Pumping Water To Another District
If the board considers it advisable, it may contract to pump for or supply another district any water in which the other district has a ...
- Texas Water Code Section 51.190 - Obtaining Topographic Maps And Data
The executive director shall furnish to a district topographic maps and data concerning all projects for the control of floods undertaken by the district and ...
- Texas Water Code Section 51.194 - Sale Of Property Not Acquired To Carry Out The Plans Of The District
The board may sell property bid in by it at any sale under foreclosure of its tax lien or of its lien for charges or ...
- Texas Water Code Section 51.195 - Prohibited Charges And Fees
(a) In this section, "undeveloped property" means property within the district to which water or sewer services are actually available and to which no water ...
- Texas Water Code Section 51.196 - Development Of Underground Water By Certain Districts
A conservation and reclamation district created by special law under the authority of Section 59, Article XVI, Texas Constitution, and designated as a municipal water ...
- Texas Water Code Section 51.221 - Eligibility To Vote: Maverick County Water Control And Improvement District No. 1
(a) In this section, "district" means the Maverick County Water Control and Improvement District No. 1. (b) A person is eligible to vote in an ...
- Texas Water Code Section 51.241 - Penalty For Violation Of Regulation
A person who violates a regulation adopted by a district under this chapter or other law commits an offense. An offense under this section is ...
- Texas Water Code Section 51.301 - Statement Estimating Water Requirements And Payment Of Charge
(a) Each person who desires to receive water at any time during the year shall furnish the secretary of the board a written statement of ...
- Texas Water Code Section 51.302 - Contracts With Person Using Water
(a) The board may require each person who desires to use water during the year to enter into a contract with the district which states ...
- Texas Water Code Section 51.303 - Authority To Determine Rules And Regulations
The board may adopt, alter, and rescind rules, regulations, and standing and temporary orders which do not conflict with the provisions of this subchapter and ...
- Texas Water Code Section 51.304 - Board's Estimate Of Maintenance And Operating Expenses
The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and ...
- Texas Water Code Section 51.305 - Distribution Of Assessment
(a) Not less than one-third nor more than two-thirds of the estimated maintenance and operating expenses shall be paid by assessment against all land in ...
- Texas Water Code Section 51.306 - Notice Of Assessments
(a) Public notice of all assessments shall be given by posting printed notices of the assessment in at least three public places in the district. ...
- Texas Water Code Section 51.307 - Payment Of Assessments
(a) All assessments shall be paid in installments at the times fixed by the board. (b) If a crop for which water was furnished by ...
- Texas Water Code Section 51.308 - Collection Of Assessments By Tax Assessor And Collector
(a) Under the direction of the board, the assessor and collector, or other person designated by the board, shall collect all assessments for maintenance and ...
- Texas Water Code Section 51.309 - Lien Against Crops
The district shall have a first lien, superior to all other liens, against all crops grown on each tract of land in the district to ...
- Texas Water Code Section 51.310 - List Of Delinquent Assessments
Assessments not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall ...
- Texas Water Code Section 51.311 - Water Service Discontinued
If a landowner fails or refuses to pay a water assessment when due, his water supply shall be cut off, and no water may be ...
- Texas Water Code Section 51.312 - Suits For Delinquent Assessments
Suits for delinquent water assessment may be brought either in the county in which the district is located or in the county in which the ...
- Texas Water Code Section 51.313 - Interest And Collection Fees
(a) All assessments shall bear interest from the date payment is due at the rate of 15 percent a year. Assessments not paid by the ...
- Texas Water Code Section 51.314 - Rights Of The United States
(a) If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to ...
- Texas Water Code Section 51.315 - Surplus Assessments
If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to ...
- Texas Water Code Section 51.316 - Insufficient Assessments
If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed pro ...
- Texas Water Code Section 51.317 - Determining Maintenance And Operation Charges
The board may make, establish, and collect maintenance and operation charges for service on the basis of the quantity of water furnished or appropriate measure ...
- Texas Water Code Section 51.318 - Charges For Maintenance Expenses
(a) If maintenance charges are based on the quantity of water used, a fixed minimum charge may be made on all land, water connections, or ...
- Texas Water Code Section 51.319 - Charge To Cities And Towns
If a district includes a city or town or contracts with a city or town to supply water to it, the charge for the use ...
- Texas Water Code Section 51.320 - Loans For Maintenance And Operating Expenses
The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may ...
- Texas Water Code Section 51.321 - Water Service: Refused
The board may refuse water service to any person who refuses to pay the charges and assessments for water service or who fails or refuses ...
- Texas Water Code Section 51.331 - Authority To Dispose Of Waste And Control Storm Water
(a) A district may include in its purposes and plans all improvements, facilities, plants, equipment, and appliances incident to or helpful or necessary to the ...
- Texas Water Code Section 51.332 - Increasing District's Powers
(a) A district operating under the provisions of this chapter which did not at the time of its creation have the powers provided in Section ...
- Texas Water Code Section 51.333 - Approval Of Petition Creating District
(a) The commission shall hear and determine the petition to create a district to exercise the powers and functions provided in Section 51.331 of this ...
- Texas Water Code Section 51.334 - Election Provisions
The provisions of Sections 51.035-51.037 of this code shall not apply to an election to create a district to exercise the powers provided in Section ...
- Texas Water Code Section 51.335 - Other Governmental Agencies Included
(a) A district proposing to exercise the powers and to perform the functions provided in this subchapter may include any part of areas already included ...
- Texas Water Code Section 51.336 - Additional Land
Additional defined areas may be added to the district in the manner provided in this subchapter for creation of a district. Acts 1971, 62nd Leg., ...
- Texas Water Code Section 51.337 - Powers Of District
The district has all the powers and rights of procedure, financing, construction, maintenance, rehabilitation, operation, and administration conferred by Article XVI, Section 59, of the ...
- Texas Water Code Section 51.338 - Rules, Regulations, And Charges
(a) The district may adopt and enforce reasonable rules, regulations, and specific charges, fees, or rentals, in addition to taxes, for providing any district facility ...
- Texas Water Code Section 51.339 - Taxes
The district, either solely or in connection with other powers granted by this chapter, may impose taxes in addition to the taxes which may have ...
- Texas Water Code Section 51.351 - Construction Fund
(a) The proceeds from the sale of bonds shall be deposited in the construction fund. (b) Money deposited in the construction fund shall be used ...
- Texas Water Code Section 51.352 - Maintenance Fund
(a) The district shall have a maintenance fund which shall include money collected by assessment or other method for the maintenance, repair, and operation of ...
- Texas Water Code Section 51.353 - Amortization And Emergency Fund
(a) The board shall have a competent engineer make an inspection and valuation of the physical property of the district which is subject to decay, ...
- Texas Water Code Section 51.401 - Authority To Issue Bonds Of Districts Operating Under Article Iii, Section 52, Of The Texas Constitution
A district which is operating under Article III, Section 52, of the Texas Constitution, may issue bonds and lend its credit in an amount of ...
- Texas Water Code Section 51.402 - Authority To Issue Bonds Of Districts Operating Under Article Xvi, Section 59, Of The Texas Constitution
A district operating under Article XVI, Section 59, of the Texas Constitution, may incur debt evidenced by the issuance of bonds for any purpose authorized ...
- Texas Water Code Section 51.403 - Amount Of Debt Limited By Constitution
No district may issue bonds or create indebtedness in an amount which is more than that authorized by the Texas Constitution. Acts 1971, 62nd Leg., ...
- Texas Water Code Section 51.404 - Issuance Of Preliminary Bonds
A district may issue preliminary bonds to create a fund to pay: (1) costs of organization; (2) costs of making surveys and investigations; (3) attorney's ...
- Texas Water Code Section 51.405 - Election On Preliminary Bonds
(a) The proposition for the issuance of preliminary bonds shall be submitted to the electors of the district. (b) The election may be held at ...
- Texas Water Code Section 51.406 - Conditions Of Preliminary Bonds
(a) After preliminary bonds have been authorized at an election, the board may order the issuance of the bonds in an amount which is not ...
- Texas Water Code Section 51.407 - Tax To Pay Preliminary Bonds
At the time preliminary bonds are issued, a tax shall be levied to pay principal and interest as the bonds mature and to pay the ...
- Texas Water Code Section 51.408 - Issuance Of Bonds
(a) After a district is created and has adopted plans for construction of a plant and improvements, it may issue bonds to pay for constructing ...
- Texas Water Code Section 51.410 - Engineer's Report
(a) Before an election is held to authorize the issuance of bonds, an engineer's report, which includes the plans and improvements to be constructed together ...
- Texas Water Code Section 51.411 - Election Order
(a) After the engineer's report is filed and approved, the board may order an election in the district to authorize the issuance of the bonds. ...
- Texas Water Code Section 51.413 - Ballots
(a) The proposition to be voted on shall be the issuance of the total amount of bonds covered by the engineer's estimate plus additional estimates ...
- Texas Water Code Section 51.414 - Vote At Election
(a) Bonds of a district operating under the provisions of Article III, Section 52, of the Texas Constitution, may be issued only with the approval ...
- Texas Water Code Section 51.415 - Order To Issue Bonds Or Execute Contract
After the vote is canvassed and the results are declared to be favorable to the proposition, the board shall make and enter an order directing ...
- Texas Water Code Section 51.419 - Conditions Of Bonds
(a) The bonds may be issued to mature at the end of a term of years or to mature serially at any date which is ...
- Texas Water Code Section 51.420 - Form Of Bonds
(a) The bonds shall be issued in the name of the district and shall be signed by the president and attested by the secretary, with ...
- Texas Water Code Section 51.423 - Validation Suit
(a) A district may file a suit to determine the validity of the creation of the district and the bonds. (b) If requested by the ...
- Texas Water Code Section 51.424 - Effect Of Prior Registration
If bonds are approved by the attorney general and registered by the comptroller before a validation suit is filed, the filing of the suit cancels ...
- Texas Water Code Section 51.425 - Procedure In Validation Suit
(a) A validation suit shall be brought by the district in the district court of any county in which all or part of the district ...
- Texas Water Code Section 51.426 - Notice Of Validation Suit
(a) To obtain jurisdiction of all parties to the validation suit, a general notice shall be published. (b) The notice shall be published once a ...
- Texas Water Code Section 51.427 - Duties Of Attorney General In Validation Suit
(a) The attorney general shall examine all the proceedings and shall require any further evidence and make any further examination which he considers advisable. (b) ...
- Texas Water Code Section 51.428 - Judgment In Validation Suit
(a) After the trial of the validation suit, if the judgment of the court is adverse to the district on any issue, the district may ...
- Texas Water Code Section 51.429 - Effect Of Validation Suit
(a) After a final judgment is rendered in the validation suit, the bonds or the contract with the United States shall be incontestable. (b) No ...
- Texas Water Code Section 51.430 - Certified Copy Of Decree
(a) After the judgment of the district court is entered, the clerk of the court shall make a certified copy of the decree which shall ...
- Texas Water Code Section 51.431 - Registration Of Bonds And Decree
On the presentation of the bonds together with a certified copy of the decree of the court, the comptroller shall register the bonds in a ...
- Texas Water Code Section 51.432 - Sale Of Bonds
(a) After the bonds are issued by the district, the board shall sell the bonds on the best terms and for the best price possible. ...
- Texas Water Code Section 51.433 - Tax Levy
(a) At the time bonds are voted, the board shall levy a tax on all property inside the district in a sufficient amount to redeem ...
- Texas Water Code Section 51.436 - Interest And Sinking Fund
(a) The district shall have an interest and sinking fund which shall include all taxes collected under this chapter. (b) Money in the interest and ...
- Texas Water Code Section 51.437 - Investment Of Sinking Fund
(a) The board may invest any portion of the sinking fund of the district in bonds of the United States, the state, any county or ...
- Texas Water Code Section 51.438 - Refunding Bonds
(a) A district may issue bonds to refund all or any part of its outstanding bonds, notes, or other obligations including matured but unpaid interest ...
- Texas Water Code Section 51.439 - Limitation Of Authority To Incur Debt And Issue Bonds
(a) For the benefit of purchasers or holders of bonds to be issued or sold, the board of a district operating under the provisions of ...
- Texas Water Code Section 51.440 - Issuing Bonds In Excess Of Limitation
(a) A district may issue bonds in excess of a limitation made under Section 51.439 of this code only after the commission has approved the ...
- Texas Water Code Section 51.441 - Modifications Of Improvements
(a) After bonds are issued or a contract is entered into with the United States, the board may give notice of an election to be ...
- Texas Water Code Section 51.442 - Issuance Of Additional Bonds Or Creation Of Additional Indebtedness Under Certain Conditions
(a) A district may issue additional bonds or create additional indebtedness: (1) if works, improvements, and facilities constructed under a plan provided in Section 51.410 ...
- Texas Water Code Section 51.443 - Interim Bonds
After bonds, other than preliminary bonds or notes, are voted by a district, the board may declare an existing emergency with relation to money being ...
- Texas Water Code Section 51.444 - Limitations On Interim Bonds
(a) Interim bonds shall mature not later than 10 years from the date they are issued and shall be redeemable at any time before they ...
- Texas Water Code Section 51.445 - Issuance Of Bonds And Levy Of Tax
(a) After bonds other than preliminary bonds are voted, the board may authorize the issuance of the bonds in whole or in part as they ...
- Texas Water Code Section 51.446 - Deposit Of Bonds To Secure Interim Bonds
(a) As the interim bonds are issued and sold, the board, by order, shall deposit bonds of the district which have been validated by a ...
- Texas Water Code Section 51.447 - Procedure For Issuance And Sale Of Interim Bonds
(a) Interim bonds shall be issued in the name of the district, signed by the president, and attested by the secretary, with the district seal ...
- Texas Water Code Section 51.448 - Payment Of Interim Bonds
(a) The board shall appropriate the tax levied to pay the bonds deposited to the credit of the interest and sinking fund to pay the ...
- Texas Water Code Section 51.449 - Redemption Of Interim Bonds
(a) At the option of the board, interim bonds may be redeemed at any time or times before maturity on payment by the district of ...
- Texas Water Code Section 51.450 - Alternate Methods For Paying Bonds
(a) As used in this section and in Sections 51.450-51.454 of this code, "net revenue" means income or increment which may come from ownership and ...
- Texas Water Code Section 51.451 - Taxes To Secure Certain Bonds
(a) If bonds are secured as provided in Section 51.450(b)(3) of this code, at the time that net revenue together with money derived from taxes ...
- Texas Water Code Section 51.452 - Election
(a) If the district proposes to issue bonds which will be secured under either Section 51.450(b)(2) or 51.450(b)(3) of this code, the proposition shall be ...
- Texas Water Code Section 51.453 - Hearing And Election On Certain Bonds
(a) A district which plans to issue bonds payable from and secured by a pledge of net revenue and a lien on the physical property, ...
- Texas Water Code Section 51.454 - Hearing Before Issuing Certain Bonds
If a district issues its original bonds under Section 51.450(b)(2) of this code and later desires to issue bonds payable in whole or in part ...
- Texas Water Code Section 51.455 - Issuance Of Revenue Bonds To Construct Extensions And Improvements To Certain Systems
(a) A district which has adopted a plan for improvements designed to furnish a water and sewer system may also issue its revenue bonds as ...
- Texas Water Code Section 51.501 - Tax To Pay Preliminary Bonds
Taxes to pay principal and interest on preliminary bonds shall be levied and collected on the ad valorem basis. Acts 1971, 62nd Leg., p. 349, ...
- Texas Water Code Section 51.502 - Hearing To Determine Basis Of Taxation
After the board adopts plans for construction of a plant and improvements to accomplish the purposes of the district and after an election is held ...
- Texas Water Code Section 51.503 - Notice Of Hearing
Notice of the time and place of the hearing and the proposition to be determined shall be published once a week for two consecutive weeks ...
- Texas Water Code Section 51.504 - Conduct Of Hearing
(a) At the hearing, any person who is a taxpayer in the district may appear and offer testimony to show which plan of taxation will ...
- Texas Water Code Section 51.505 - Order
(a) The board shall adopt the plan of taxation which will, in its judgment under the evidence, be most conducive to the equitable distribution of ...
- Texas Water Code Section 51.506 - Change Tax Plan
If after a tax plan is adopted the directors find that the best interest of the district and the necessity to maintain adequately and equitably ...
- Texas Water Code Section 51.507 - Effect Of Sections 51.501-51.506 Of Code
Nothing in Sections 51.501-51.506 of this code shall be held to alter provisions of this chapter relating to districts which have contracts with the United ...
- Texas Water Code Section 51.508 - Unlimited Authority To Collect Service Charges And Taxes
The provisions of this subchapter do not alter or impair the right of a district to make, establish, and collect maintenance and operation charges for ...
- Texas Water Code Section 51.509 - Lien Created; No Limitation
Charges or assessments imposed by a district for maintenance and operation of works, facilities, and services of the district shall constitute a lien against the ...
- Texas Water Code Section 51.510 - Purpose Of Sections 51.511-51.530 Of Code
The purpose of Sections 51.511-51.530 of this code is to give a district the flexibility of taxing power which will permit and cause the tax ...
- Texas Water Code Section 51.511 - Authority To Adopt Alternative Plans Of Taxation
A district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, shall adopt a tax plan under the alternative provisions of ...
- Texas Water Code Section 51.512 - Alternative Plans Of Taxation
(a) The district's taxes for all purposes, except to pay the cost of preliminary surveys, may be levied, assessed, and collected on an adopted basis ...
- Texas Water Code Section 51.513 - Adoption Of Plan Of Taxation
(a) Except as provided in Section 51.512(b)(4) of this code, before the commission of appraisement is appointed and the construction bonds are sold, the board ...
- Texas Water Code Section 51.514 - Notice Of Adoption Of Plan And Hearing
(a) After the tax plan is adopted, the board shall publish notice once a week for two consecutive weeks in one or more newspapers with ...
- Texas Water Code Section 51.515 - Order Adopting Tax Plan
(a) After all persons have been heard, the board may approve the proposed tax plan or may change or modify the plan. (b) The board ...
- Texas Water Code Section 51.516 - Obtaining Funds To Construct, Administer, Maintain, And Operate Improvements And Facilities In Defined Part Of District
On adoption of the plan of taxation provided in Section 51.512(b)(4) of this code, the district, under the limitations of this subchapter, may apply separately, ...
- Texas Water Code Section 51.517 - Adoption Of Tax Plan For Only Part Of District
If a district adopts the tax plan and assumes the powers in Section 51.512(b)(4) of this code, or if required to conserve and protect the ...
- Texas Water Code Section 51.518 - Defining Area And Designating Property To Be Benefited By Improvements; Adopting Tax Plan
(a) The board shall define the particular area to be taxed by metes and bounds or designate the property to be served, affected, and taxed. ...
- Texas Water Code Section 51.519 - Notice And Hearing
The board shall give notice and hold a hearing in the same manner and for the same purpose as provided in Sections 51.514-51.515 of this ...
- Texas Water Code Section 51.520 - Board's Order
At the hearing, if the board decides to define and serve the proposed separate tax area or separate designated property, it shall enter an order ...
- Texas Water Code Section 51.521 - Procedure For Election
(a) The election shall conform to the provisions of this code relating to an election to authorize the issuance of construction bonds. (b) The board ...
- Texas Water Code Section 51.522 - Election Not Required In Separate Election Precinct
If proposed improvements are considered to be required to promote the public welfare or if the owners of the land in a defined area file ...
- Texas Water Code Section 51.523 - Ballots
The ballot for an election under this subchapter shall be printed to provide for voting for or against substantially the proposition: "Designation of the area, ...
- Texas Water Code Section 51.524 - Declaring Result And Issuing Order
If a majority of the electors approve the proposal, the board shall declare the result and, by order, shall establish the area and define it ...
- Texas Water Code Section 51.525 - Pledge Of Faith And Credit
If at an election the electors approve the issuance of bonds and the levy of a tax which applies only to a defined area, the ...
- Texas Water Code Section 51.526 - Election In Separate Election Precinct
(a) If the improvements to be provided in a defined area are considered peculiarly for the benefit of that area and not required to conserve ...
- Texas Water Code Section 51.527 - Issuance Of Bonds And Levy Of Tax For Defined Area Or Designated Property
(a) After the order is recorded, the district may issue its bonds to provide the specific plant, works, and facilities included in the plans adopted ...
- Texas Water Code Section 51.528 - Contract To Provide Improvements, Facilities, And Services To Designated Property Or Area
(a) Property or areas inside or outside the district may, by contract, be designated to obtain improvements, facilities, or service for the designated area or ...
- Texas Water Code Section 51.529 - Authority Of District
(a) If a majority of the electors in the whole district approve the proposal, the district may issue its bonds to provide the plant, improvements, ...
- Texas Water Code Section 51.530 - Administrative Authority Of Board
The board shall administer all business incident to the creation and operation of a defined area or service to designated property unless otherwise provided by ...
- Texas Water Code Section 51.531 - Master District; Taxing Authority
A master district may levy and collect taxes, equitably distributed, which shall be in addition to other taxes which may be levied by the several ...
- Texas Water Code Section 51.532 - Taxes In Districts Consisting Of A City, Town Or Municipal Corporation
If a city, town, or municipal corporation is constituted a district operating under this chapter, taxes levied in the district may be assessed and collected ...
- Texas Water Code Section 51.533 - Order Fixing Rate Of Taxation
(a) The board shall issue an order fixing the rate of taxation and levying a tax. The order shall be signed by the president and ...
- Texas Water Code Section 51.534 - Addition Of Land To Defined Area
The procedures of Section 49.301 may be used to add land to a defined area created under this subchapter. The land must be included in ...
- Texas Water Code Section 51.535 - Provisions Of Chapter Inapplicable To District
If taxes are levied, assessed, and collected under Sections 51.533-51.538 of this code, the provisions of this chapter relating to assessment and collection of taxes ...
- Texas Water Code Section 51.536 - Compensation Of City Assessor And Collector
The board shall pay to the city assessor and collector and other city officers reasonable compensation for the services performed by them for the district. ...
- Texas Water Code Section 51.537 - Municipality's Authority Regarding Defined Area
(a) This section applies only to a municipality any portion of which is located in a county with a population of more than 800,000 and ...
- Texas Water Code Section 51.538 - Election Required
Taxes levied, bonds issued, and indebtedness incurred by a district operating under Sections 51.533-51.538 of this code are subject to the provisions of the constitution ...
- Texas Water Code Section 51.561 - Assessment And Collection Of District Taxes
The assessor and collector shall assess and collect taxes for the district. Acts 1971, 62nd Leg., p. 357, ch. 58, § 1, eff. Aug. 30, ...
- Texas Water Code Section 51.591 - Attorney To File Suits To Collect Delinquent Taxes
(a) The board shall on or before April 1 of each year employ an attorney to file suits to collect all delinquent taxes. (b) The ...
- Texas Water Code Section 51.631 - Method Of Taxation For District Under Contract With United States
A district which is operated under contract with the United States may adopt the plan to levy and collect taxes on the benefit basis instead ...
- Texas Water Code Section 51.632 - Assessment Record
When necessary, the board shall apportion and assess the benefits conferred on property in the district and shall make a record showing the amount and ...
- Texas Water Code Section 51.633 - Notice Of Taxes
After the board makes the record, it shall mail to each property owner whose name appears in the record notice of the amount of taxes ...
- Texas Water Code Section 51.634 - Decision After Hearing
After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount ...
- Texas Water Code Section 51.635 - Method Of Taxation For District Not Under Contract With The United States
If a district which is not operating under contract with the United States adopts the benefit basis plan for taxation, the levy, assessment, equalization of ...
- Texas Water Code Section 51.636 - Commissioners Of Appraisement
As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall ...
- Texas Water Code Section 51.637 - Compensation Of Commissioners
On approval by the board, each commissioner is entitled to receive $10 a day for each day he actually serves, plus all necessary expenses. Acts ...
- Texas Water Code Section 51.638 - Notice Of Appointment And Meeting
Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of ...
- Texas Water Code Section 51.639 - First Meeting Of Commissioners
(a) The commissioners shall meet at the time specified in the notice from the secretary or as soon after that time as possible. (b) At ...
- Texas Water Code Section 51.640 - Assistance For Commissioners
Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties they may ...
- Texas Water Code Section 51.641 - Viewing Land And Other Property And Improvements In District
The commissioners shall view the land in the district which will be affected by the district's reclamation plans and the public roads, railroads, rights-of-way, and ...
- Texas Water Code Section 51.642 - Commissioners Report
(a) The commissioners shall prepare a report and file it with the secretary of the board. The report shall be signed by at least a ...
- Texas Water Code Section 51.643 - Notice Of Hearing
(a) After the commissioners' report is filed, the secretary of the board shall publish notice of the hearing on the report at least once a ...
- Texas Water Code Section 51.644 - Hearing
(a) At or before the hearing on the commissioners' report, an owner of land that is affected by the report or the reclamation plans may ...
- Texas Water Code Section 51.645 - Witnesses At The Hearing
At the hearing, interested parties may appear in person or by attorney and are entitled, on demand, to have the chairman of the commissioners of ...
- Texas Water Code Section 51.646 - Costs Of Hearing
The commissioners may adjudge and apportion the costs of the hearing in any manner they consider equitable. Acts 1971, 62nd Leg., p. 367, ch. 58, ...
- Texas Water Code Section 51.647 - Commissioners' Decree
(a) After the commissioners have made a final decision, they shall issue a decree confirming their report insofar as it remains unchanged and shall approve ...
- Texas Water Code Section 51.648 - Effect Of Final Judgment And Decree
The final judgment and decree of the commissioners shall form the basis for all taxation in the district. Taxes shall be apportioned and levied on ...
- Texas Water Code Section 51.649 - Fixing Tax As Equal Sum On Each Acre
At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of any ...
- Texas Water Code Section 51.650 - Election
(a) If the board desires to submit the question of whether or not to adopt the method of assessing benefits provided in Section 51.649 of ...
- Texas Water Code Section 51.651 - Excluding Nonirrigable Land From District
If the owner of land which is classed nonirrigable under the uniform acreage valuation objects to the amount of charges fixed against him by the ...
- Texas Water Code Section 51.652 - Setting Annual Value Of Land Unnecessary
If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all land in the district, and it is not ...
- Texas Water Code Section 51.653 - Preparing Tax Rolls
(a) The board shall examine the tax rolls to determine if all property subject to taxation appears on the tax rolls under the proper classification. ...
- Texas Water Code Section 51.655 - Law Governing Administration Of Benefit Tax Plan
In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by ...
- Texas Water Code Section 51.656 - Irrigating Nonirrigable Land
If land which is classed as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay ...
- Texas Water Code Section 51.657 - Taxation In District Constructing Levees Or Drainage Systems
(a) A district created to construct levees or works and plants to protect from overflow or created to construct drainage systems may adopt the plan ...
- Texas Water Code Section 51.702 - Exclusion Of Nonagricultural And Nonirrigable Land From The District
After the district is organized, acquires facilities with which to function as an irrigation district, and votes, issues, and sells bonds for the purposes for ...
- Texas Water Code Section 51.703 - Prerequisite To Application For Exclusion
The owner of land in the district which is not agricultural land or cannot be irrigated in a practicable manner may apply for its exclusion ...
- Texas Water Code Section 51.704 - Substituting Land Of Equal Acreage And Value
Land which can be irrigated in a practicable manner of at least equal acreage and equal value to the land being excluded must be added ...
- Texas Water Code Section 51.705 - Securing Application To Substitute Land
The board may require an owner of land in the district who has applied for the exclusion of his nonagricultural or nonirrigable land from the ...
- Texas Water Code Section 51.706 - Application Of Owner Of New Land To Be Substituted
The owner of the new land to be added shall submit an application setting forth that the owner of the new land assumes the payment ...
- Texas Water Code Section 51.707 - Consent Of Outstanding Bondholders
(a) The board shall communicate the contents of the applications to exclude nonagricultural or nonirrigable land and to include an equal amount of irrigable land ...
- Texas Water Code Section 51.708 - Notice Of Hearing On Applications
The board shall give notice of the hearing on the applications by publishing the time, place, and nature of the hearing one time in a ...
- Texas Water Code Section 51.709 - Hearing Procedure
The board shall hear all interested parties and all evidence in connection with the applications. Acts 1971, 62nd Leg., p. 373, ch. 58, § 1, ...
- Texas Water Code Section 51.710 - Board's Resolution To Substitute Land
If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist, it may ...
- Texas Water Code Section 51.711 - Liability Of Excluded And Included Land
The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included ...
- Texas Water Code Section 51.712 - Duty To Advise Executive Director
The board shall furnish the executive director a detailed description of the land excluded and a detailed description of the land included within 30 days ...
- Texas Water Code Section 51.713 - Right To Serve New Land Included In District
The district has the same right to furnish water service to the included land that it previously had to furnish service to the excluded land. ...
- Texas Water Code Section 51.714 - Adding Land By Petition Of Landowner
The owner of land may file with the board a petition requesting that the land described by metes and bounds in the petition be included ...
- Texas Water Code Section 51.732 - Consolidation Of Districts
Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 51.733-51.736 of this code. Acts ...
- Texas Water Code Section 51.733 - Elections To Approve Consolidation
(a) After the directors of each district have agreed on the terms and conditions of consolidation, they shall order an election in each district to ...
- Texas Water Code Section 51.734 - Governing Consolidated Districts
(a) After two or more districts are consolidated, they become one district, except for the payment of debts created before consolidation, and are governed as ...
- Texas Water Code Section 51.735 - Debts Of Original Districts
After two or more districts are consolidated, the debts of the original districts are protected and are not impaired. These debts may be paid by ...
- Texas Water Code Section 51.736 - Assessment And Collection Of Taxes
After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by the ...
- Texas Water Code Section 51.748 - Division Of Original District With No Outstanding Indebtedness
(a) An original district heretofore created and governed by the provisions of this chapter (an "original district") that does not have any outstanding indebtedness secured ...
- Texas Water Code Section 51.749 - Election To Approve Division
(a) After the board of the original district has agreed on the terms and conditions of division, which shall include a plan for the payment ...
- Texas Water Code Section 51.750 - Governing Resulting Districts
(a) After the original district is divided into two or more districts, the resulting districts shall be separate districts and shall be governed as separate ...
- Texas Water Code Section 51.751 - Current Obligations Of Original District
After the division of the original district into two or more districts, the current obligations and any bond authorizations of the original district are protected ...
- Texas Water Code Section 51.752 - Powers Of Resulting Districts
(a) After division, each of the resulting districts shall have all of the power to incur and pay debts created by each district and shall ...
- Texas Water Code Section 51.753 - Notice Of Resulting Districts
Within 30 days after the election within the original district that confirms a plan for division, the original district shall provide written notice of such ...
- Texas Water Code Section 51.754 - Exclusion Of Land From District Without Indebtedness
An original district governed by the provisions of this chapter that does not have any outstanding indebtedness secured by the taxes or net revenues of ...
- Texas Water Code Section 51.755 - Application To Exclude Land
(a) A petition for exclusion of land under Sections 51.748 through 51.758 of this code must accurately describe the land to be excluded by metes ...
- Texas Water Code Section 51.756 - Findings By The Board
Before determining to exclude any land under Sections 51.754 through 51.758 of this code, the board shall find that the district has no obligations that ...
- Texas Water Code Section 51.757 - Excluding Land
(a) After considering all engineering data and other evidence presented to it, if the board makes the findings provided in Section 51.756 of this code ...
- Texas Water Code Section 51.758 - Notice Of Certain Exclusions; Petition For Ratification Election
(a) If the board issues an order excluding land pursuant to a petition signed by less than all of the owners of the land to ...
- Texas Water Code Section 51.759 - Exclusion Of Certain Nonirrigated Land
(a) If a district is principally engaged in providing water for agricultural irrigation or the primary purpose of the district is to provide water for ...
- Texas Water Code Section 51.760 - Initiating Exclusion
(a) A petition to exclude land may be filed with the board by the owners of a majority in acreage of land described by Section ...
- Texas Water Code Section 51.761 - Hearing, Notice, And Order Of Exclusion
(a) On the board's motion or on receipt of a petition to exclude land, the board shall give notice and hold a hearing on the ...
- Texas Water Code Section 51.762 - Consent Of Debt Holders
If the district has outstanding bonded debt or debt under a loan from a governmental agency, a written consent to the exclusion from an authorized ...
- Texas Water Code Section 51.763 - Results Of Exclusion
(a) On the issuance of an order excluding property: (1) the property is no longer a part of the district and is not entitled to ...
- Texas Water Code Section 51.764 - District Facilities On Excluded Property
The exclusion does not affect or interfere with any rights that the district has to maintain and continue operation of any canal, ditch, pipeline, pump, ...
- Texas Water Code Section 51.765 - Water Allocations
(a) After the district adopts an order excluding nonirrigated property, a municipality or water supply corporation that serves the excluded land with a potable water ...
- Texas Water Code Section 51.766 - Suit To Review Exclusion
(a) A person who owns an interest in property affected by an exclusion order issued under Section 51.761 may sue to review, set aside, modify, ...
- Texas Water Code Section 51.781 - Dissolution Of District Prior To Issuance Of Bonds
(a) If the electors of a district reject the proposal to issue construction bonds by a constitutional or statutory majority vote, the board must dissolve ...
- Texas Water Code Section 51.782 - Notice Of Hearing
The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located ...
- Texas Water Code Section 51.783 - Hearing
The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice. Acts 1971, 62nd Leg., ...
- Texas Water Code Section 51.784 - Board's Order To Continue Or Dissolve District
The board shall determine from the evidence whether the best interests of the persons, land, and property in the district will be promoted by prosecuting ...
- Texas Water Code Section 51.785 - Judicial Review Of Board's Order
The board's decree to continue or to dissolve the district shall be final and cannot be judicially reviewed except on the ground of fraud, palpable ...
- Texas Water Code Section 51.786 - Appointment Of Trustee
(a) If the board orders the dissolution of the district, it shall appoint a director or some other competent person as trustee to close the ...
- Texas Water Code Section 51.787 - Discharge Of District's Obligations By Trustee
(a) The trustee shall reduce all assets and resources of the district to possession and money and apply them to discharge the outstanding obligations of ...
- Texas Water Code Section 51.788 - Discharge Of Trustee
The trustee shall be discharged when all obligations of the district are paid and the trustee's account is verified and settled. Acts 1971, 62nd Leg., ...
- Texas Water Code Section 51.789 - Final Order Of Dissolution
After all obligations are paid and the trustee is discharged, the board shall enter its final order of dissolution and record the final order in ...
- Texas Water Code Section 51.790 - Water Rights Of Dissolved District
Water rights held from the state shall revert to the state and may not be assigned by the district in anticipation of dissolution. Acts 1971, ...
- Texas Water Code Section 51.791 - Taxes In Excess Of District's Obligations
(a) If taxes have been collected by the dissolved district in excess of the amount required to liquidate the obligations of the district, the excess ...
- Texas Water Code Section 51.793 - Dissolution Of District For Failure To Complete Plant
Subject to the provisions of Subchapter G of Chapter 50 of this code if a district has not within 10 years from the date of ...
- Texas Water Code Section 51.794 - Resolution To Dissolve District
The board shall find in its resolution to dissolve the district that the plans of the district are impracticable or that the purposes of the ...
- Texas Water Code Section 51.795 - Statements Of Indebtedness And Expenses
The board shall prepare or have prepared and shall approve a statement of all valid, enforceable indebtedness of the district and shall enter the statement ...
- Texas Water Code Section 51.796 - Election To Approve Dissolution Of District And Issuance Of Dissolution Bonds
The board shall enter an order calling an election to determine whether or not the district shall be dissolved and bonds issued to pay the ...
- Texas Water Code Section 51.797 - Maximum Amount, Interest Rate, And Maturity Of Bonds
The maximum amount of bonds to be voted on and issued shall not be more than the total amount of the approved valid, enforceable indebtedness ...
- Texas Water Code Section 51.798 - Notice Of Election
(a) The president and secretary of the board shall issue notice of the election, stating: (1) the findings of the board with reference to the ...
- Texas Water Code Section 51.799 - Procedure For Holding Election
(a) The ballots for the election shall be printed to provide for voting for or against the proposition: "Dissolution of the district and issuance of ...
- Texas Water Code Section 51.800 - Issuance And Sale Of Dissolution Bonds
(a) If a majority of the electors at the election vote in favor of the dissolution of the district and the issuance of bonds and ...
- Texas Water Code Section 51.801 - Destroying Unsold Bonds
If a majority of the electors at the election vote in favor of the dissolution of the district, the board shall destroy all unsold bonds ...
- Texas Water Code Section 51.802 - Board's Authority To Contract
The board may contract with trustees, engineers, attorneys, and others it considers necessary or desirable to properly liquidate and wind up the affairs of the ...
- Texas Water Code Section 51.803 - Tax To Pay Dissolution Bonds
The order issuing the dissolution bonds shall provide that the principal of and interest on the bonds shall be payable from the proceeds of a ...
- Texas Water Code Section 51.804 - Determining Amount Of Tax
(a) The value of all of the taxable property of the district shall be taken at the assessed value as determined in the manner provided ...
- Texas Water Code Section 51.805 - Payment Of Tax
The amount of the tax on the taxable property of each owner shall be payable in equal annual installments during the period in which the ...
- Texas Water Code Section 51.806 - Advance Payment Of Taxes In Cash
The order issuing the bonds shall provide that a property owner may secure release of the entire amount of his taxable property as assessed on ...
- Texas Water Code Section 51.807 - Computing Amount Of Advance Cash Payment
(a) In order to compute the full amount of an advance cash payment, the interest rate on the bonds shall be applied on an annual ...
- Texas Water Code Section 51.808 - Surrender Of Bonds In Payment Of Taxes
The order issuing the bonds shall provide that any of the bonds with all unmatured interest and all appurtenant coupons may be surrendered at any ...
- Texas Water Code Section 51.809 - Computing Amount Of Payment Made By Surrendering Bonds
(a) In order to compute payment by surrendering bonds, the interest rate on the bonds shall be applied on an annual basis to each unpaid ...
- Texas Water Code Section 51.810 - Use By Trustee Of Advance Payments Of Tax
The order issuing the bonds shall provide that the bonds shall be called and redeemed by the trustee in the inverse order of their maturity ...
- Texas Water Code Section 51.811 - Approval And Registration Of Dissolution Bonds
After the dissolution bonds are issued by the board and before they are put in circulation, the bonds, at the option of the board, shall ...
- Texas Water Code Section 51.812 - Dissolution Tax Roll
Before the issuance and delivery of the bonds, the board shall have the amount of dissolution tax imposed on each property in the district and ...
- Texas Water Code Section 51.819 - Filing Dissolution Tax Roll
After the preparation of the dissolution tax roll, the board shall file the tax roll with the assessor and collector of the county or counties ...
- Texas Water Code Section 51.820 - Collection Of Taxes
The assessor and collector shall collect the taxes determined under Section 51.804 of this code on the land located in the county for which he ...
- Texas Water Code Section 51.821 - Appointment Of Trustee
(a) Before the issuance and delivery of dissolution bonds, the board shall appoint a trustee of the funds to be collected from the taxes. The ...
- Texas Water Code Section 51.822 - Authority Of The Trustee
The trustee shall receive from the assessor and collector all proceeds from the assessments less the assessor and collector's charges and shall be the paying ...
- Texas Water Code Section 51.823 - Tax Lien
After filing the tax roll in the office of the assessor and collector, the taxes, penalties, interest, and attorney's fees shall become a specific charge ...
- Texas Water Code Section 51.824 - Foreclosure Of Lien
The lien may be foreclosed in the manner prescribed in the Property Tax Code in a suit or suits brought in the name of the ...
- Texas Water Code Section 51.825 - Default In Payment Of Tax Installment
(a) Default in the payment of an installment of taxes levied for the payment of dissolution bonds for 60 days after the installment becomes due ...
- Texas Water Code Section 51.826 - Penalty And Attorney's Fee
(a) A penalty of 10 percent of the unpaid amount of taxes shall accrue immediately on default of payment of taxes after the 60 days. ...
- Texas Water Code Section 51.827 - Discharge Of Lien
(a) On the final payment of the taxes, either the assessor and collector or the trustee shall issue a certificate certifying that the taxes have ...
- Texas Water Code Section 51.828 - District Considered Dissolved
(a) On the issuance and sale or delivery of the dissolution bonds and the appointment and qualification of the trustee, the secretary shall deposit all ...
- Texas Water Code Section 51.829 - Dissolution Of District In Counties Of Less Than 11,000 Population
Subject to the provisions of Sections 50.251-50.256 of this code, a district located entirely in a county having a population of less than 11,000, according ...
- Texas Water Code Section 51.830 - Petition For Dissolution Of District
A petition for the dissolution of the district shall be filed with the board and shall state the name of the district and the purpose ...
- Texas Water Code Section 51.831 - Signatures On Petition
A petition for dissolution of the district may be signed and filed in two or more copies. The petition shall be signed by a majority ...
- Texas Water Code Section 51.832 - Procedure For Holding Election
(a) An election to determine whether or not the district shall be dissolved shall be held in accordance with the provisions of Subchapter E, of ...
- Texas Water Code Section 51.833 - Election In District Including City, Town, Or Municipal Corporation
In an election to dissolve a district in which a city, town, or municipal corporation is located, the city, town, or municipal corporation shall be ...
- Texas Water Code Section 51.834 - Subsequent Election
If the proposition to dissolve the district fails to carry at the election held for that purpose, no other election for the same purpose shall ...
- Texas Water Code Section 51.835 - District Dissolved
If a majority of those voting at the election vote in favor of dissolving the district, the district shall be dissolved and shall have no ...
- Texas Water Code Section 51.836 - Taxes To Pay Indebtedness After Dissolution
If a district has outstanding bonds or other indebtedness maturing beyond the current year in which the dissolution occurs, the commissioners court of the county ...
- Texas Water Code Section 51.851 - Definitions
In this subchapter: (1) "Authority" means the Trinity River Authority of Texas. (2) "Basin" or "basinwide" means the entire Trinity River basin. Added by Acts ...
- Texas Water Code Section 51.852 - Cooperation With Authority, Corps Of Engineers, And Other Owners
The commission, in conjunction with the authority, the United States Army Corps of Engineers, and other reservoir owners in the Trinity River basin, shall develop ...
- Texas Water Code Section 51.853 - Cooperation With Authority And Owners
The commission, in conjunction with the authority and all reservoir owners in the Trinity River basin, may review, at least every 10 years, all water ...
- Texas Water Code Section 51.854 - Flood Warning System
The commission and the authority, in conjunction with affected political subdivisions, shall develop a basinwide flood warning system to alert the public and local officials ...
- Texas Water Code Section 51.871 - Definitions
In this subchapter: (1) "Dissociated municipality" means a home-rule municipality from whose extraterritorial jurisdiction a district is transferred under this subchapter. (2) "Associated municipality" means ...
- Texas Water Code Section 51.872 - Authority To Transfer District Between Municipalities' Extraterritorial Jurisdiction
The board of directors of a district by order may transfer the district from the extraterritorial jurisdiction of a municipality to the extraterritorial jurisdiction of ...
- Texas Water Code Section 51.873 - Applicability
This subchapter applies only to a district that: (1) has a contiguous area of more than 1,000 acres; (2) is within the jurisdiction of two ...
- Texas Water Code Section 51.874 - Effect Of Transfer
On and after the effective date of the board's order under Section 51.872 of this chapter, the district: (1) is subject to a municipal ordinance ...
- Texas Water Code Section 51.875 - Subchapter Supersedes
To the extent of any conflict, this subchapter controls over any other law related to the creation, application, or operation of the extraterritorial jurisdiction of ...
- Texas Water Code Section 52.005 - Applicability To Underground Water Conservation Districts Generally
(a), (b) Repealed by Acts 1995, 74th Leg., ch. 933, § 6, eff. Sept. 1, 1995. (c) Sections 49.052, 49.216, and 49.301 through 49.308 do ...
- Texas Water Code Section 53.001 - Definitions
In this chapter: (1) "District" means a fresh water supply district established under this chapter. (2) "Board" means the board of supervisors of a district. ...
- Texas Water Code Section 53.011 - Creating A District
A district is created by petition, hearing, and election. Acts 1971, 62nd Leg., p. 397, ch. 58, § 1, eff. Aug. 30, 1971. ...
- Texas Water Code Section 53.012 - Cities And Towns
Cities and towns are includable in a district. Acts 1971, 62nd Leg., p. 397, ch. 58, § 1, eff. Aug. 30, 1971. ...
- Texas Water Code Section 53.013 - Presenting Petition
A person may present a petition requesting creation of a district to the commissioners court of the county which includes the land in the proposed ...
- Texas Water Code Section 53.014 - Requisites Of Petition
To be sufficient, the petition must: (1) contain the signatures of 50 or a majority of the electors of the proposed district who own land ...
- Texas Water Code Section 53.015 - Deposit
The person who presents the petition shall at the same time pay a deposit of $100 to the county clerk. The clerk shall pay out ...
- Texas Water Code Section 53.016 - Time And Place Of Hearing
The commissioners court or county judge shall immediately set a time and place for a hearing on the petition by the commissioners court. The hearing ...
- Texas Water Code Section 53.017 - Notice
(a) The county clerk shall issue notice of the time and place of the hearing, and in the notice he shall include a statement that ...
- Texas Water Code Section 53.018 - Posting Notice
(a) The person receiving the notice shall post a copy of it at the courthouse door and a copy at each of four different places ...
- Texas Water Code Section 53.019 - Hearing Powers
(a) The commissioners court shall have jurisdiction to determine all issues pertaining to the sufficiency of the petition and shall allow any interested person to ...
- Texas Water Code Section 53.020 - Temporary Supervisors; Qualifications
(a) If the commissioners court grants a petition presented under Section 53.013, the court shall appoint five temporary supervisors to serve on the board of ...
- Texas Water Code Section 53.021 - Officers To Be Elected
In the election, five supervisors are elected. Acts 1971, 62nd Leg., p. 399, ch. 58, § 1, eff. Aug. 30, 1971. Amended by Acts 2001, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 53.030 - Ordering Election
The board may order a special election on its own motion or on presentation of a petition signed by 20 or more qualified property taxpaying ...
- Texas Water Code Section 53.031 - Order: Metes And Bounds
The petition for election and the order and notices of election must set forth the metes and bounds of the two proposed new districts. Acts ...
- Texas Water Code Section 53.032 - Order: Time Of Election
In the order the board shall set the time for the election, which must be held before the expiration of the 30th day after the ...
- Texas Water Code Section 53.033 - Order: Election Of Supervisors
The board shall include in the order a statement that if the election results in division of the district, the two new districts will each ...
- Texas Water Code Section 53.034 - Order: Division Of Property And Money
In the election order the board shall state in a general way how the properties and any money on hand will be divided between the ...
- Texas Water Code Section 53.040 - Elected Supervisors Take Office
If the election results in a division of the district, the five candidates receiving the most votes in each new district shall be declared elected. ...
- Texas Water Code Section 53.041 - Completing Membership Of The Board
If no supervisors are elected, or if a full board is not elected, the commissioners court shall appoint the needed members of the board. Acts ...
- Texas Water Code Section 53.042 - Newly Elected Supervisors--Term Of Office
The newly elected supervisors hold office until the new district's next supervisors election. Acts 1971, 62nd Leg., p. 402, ch. 58, § 1, eff. Aug. ...
- Texas Water Code Section 53.043 - Powers Of New District
A district created by the division of an existing district into two districts has all the powers and duties given by this chapter to any ...
- Texas Water Code Section 53.061 - Creation Of District
A commissioners court may create one or more fresh water supply districts in its county by following the procedure prescribed in Sections 53.011-53.029 of this ...
- Texas Water Code Section 53.062 - Board Of Supervisors
A district created under this chapter is governed by a board of five elected supervisors. Acts 1971, 62nd Leg., p. 402, ch. 58, § 1, ...
- Texas Water Code Section 53.063 - Supervisor's Qualifications
To be qualified for election as a supervisor, a person must be a registered voter of the district. Acts 1971, 62nd Leg., p. 402, ch. ...
- Texas Water Code Section 53.072 - Assessor And Collector's Qualifications
To be qualified for election as assessor and collector, a person must be a resident of the district and a qualified voter in the district. ...
- Texas Water Code Section 53.073 - Assessor And Collector's Term Of Office
The first elected assessor and collector holds office until the next general election of officers following his election. The succeeding assessor and collectors hold office ...
- Texas Water Code Section 53.075 - Assessor And Collector's Salary
The board shall fix the salary of the assessor and collector at not more than $10,000 a year. Acts 1971, 62nd Leg., p. 404, ch. ...
- Texas Water Code Section 53.088 - Status Of The District
A district is: (1) a governmental agency; (2) a body politic and corporate; and (3) a defined district within the meaning of Article XVI, Section ...
- Texas Water Code Section 53.101 - Purpose Of District
Fresh water supply districts may be created to conserve, transport, and distribute fresh water from any sources for domestic and commercial purposes. Acts 1971, 62nd ...
- Texas Water Code Section 53.102 - Constitutional Basis
The constitutional basis for this chapter is Article XVI, Section 59, of the Texas Constitution. Acts 1971, 62nd Leg., p. 407, ch. 58, § 1, ...
- Texas Water Code Section 53.103 - Governmental Powers Of District
A district has the powers of government and authority to exercise the rights, privileges, and functions given to it by this chapter or by any ...
- Texas Water Code Section 53.104 - Authority To Acquire Water Rights
A district may acquire water rights and privileges in any way that an individual or corporation may acquire them. A district may hold water rights ...
- Texas Water Code Section 53.107 - Distribution Of Water And Use Of Revenues Obtained From Distribution Of Water
(a) The board shall: (1) prescribe the terms on which water will be furnished; (2) fix the rate to be paid by users of water ...
- Texas Water Code Section 53.112 - Use Of Roadways
In order to secure fresh water, a district may construct necessary levees, bridges, and other improvements across or under: (1) railroad embankments, tracks, or rights-of-way; ...
- Texas Water Code Section 53.113 - Constructing Improvements On Railroad Ways
(a) Before the district may construct an improvement across or under any railroad property, the district must notify the railroad authorities of the district's intention ...
- Texas Water Code Section 53.115 - Duties Of Engineer
(a) The engineer shall make maps and profiles of the district improvements, including any part of the improvements which extends beyond the boundaries of the ...
- Texas Water Code Section 53.121 - Constructing Sanitary Sewer Systems
(a) A district may purchase, construct, acquire, own, operate, repair, improve, and extend sanitary sewer systems to control wastes, if no other public sanitary sewer ...
- Texas Water Code Section 53.122 - Regulating Sanitary Conditions Inside The District
(a) A district may regulate the installation, maintenance, and operation of plumbing fixtures and facilities inside the district for the purpose of: (1) maintaining safe ...
- Texas Water Code Section 53.126 - Effect Of Enumeration Of Powers
No statement of specific powers in this chapter is a limitation on the general powers given by this chapter, unless it is specifically so stated. ...
- Texas Water Code Section 53.145 - Payment Of Election Expenses
The board shall pay all expenses of calling and holding each election, except the creation election, from any district funds except the interest and sinking ...
- Texas Water Code Section 53.146 - Maintenance Fund
(a) A district shall have a maintenance and operating fund. The fund consists of all money collected by assessment or otherwise for maintaining and operating ...
- Texas Water Code Section 53.150 - Payment Of Damages
The district shall pay out of any funds or property of the district, except the interest and sinking fund: (1) compensation and damages adjudicated in ...
- Texas Water Code Section 53.151 - Cost Of Sanitary Sewer Systems
(a) The board may pay the cost of acquiring and repairing sanitary sewer systems from: (1) the proceeds of sale of bonds or other obligations ...
- Texas Water Code Section 53.171 - Power To Issue Bonds
(a) A district may issue bonds to secure indebtedness. (b) A district may not issue tax bonds or incur any debt which is to be ...
- Texas Water Code Section 53.172 - Ordering Bond Election
After the creation of a district and the qualification of the supervisors, the board may order an election in the district to authorize a bond ...
- Texas Water Code Section 53.176 - Issuing Bonds
(a) After declaring the result of the election, the board shall make and enter an order in the minutes directing the issuing of bonds sufficient ...
- Texas Water Code Section 53.177 - Approving Bonds
(a) Before the board offers bonds for sale, it shall send to the attorney general a certified copy of all proceedings relating to organizing the ...
- Texas Water Code Section 53.178 - Registering Bonds
When the attorney general approves the bonds, the comptroller shall register them in a book kept for that purpose. The comptroller shall record the certificate ...
- Texas Water Code Section 53.179 - Selling Bonds
After the bonds are registered, the board shall sell them on the best terms and for the best price possible. The board shall promptly pay ...
- Texas Water Code Section 53.180 - Recording Of Bond Issues
(a) After the bonds are issued, the board shall deliver a well-bound book to the county treasurer, who shall keep in the book a list ...
- Texas Water Code Section 53.181 - Paying Bonds And Interest
At the time for paying interest or for redeeming the bonds, the district depository shall receive and cancel any interest coupons paid or any bonds ...
- Texas Water Code Section 53.182 - Bonds Payable From Revenues And Ad Valorem Taxes
(a) For the purpose of constructing, purchasing, repairing, improving, and extending authorized improvements, a district may issue bonds payable solely from the revenues of: (1) ...
- Texas Water Code Section 53.183 - Election Required
(a) A district may not issue bonds as authorized in Section 53.182 of this code unless an election is first held in the district and ...
- Texas Water Code Section 53.184 - Refunding Bonds
(a) With the consent of the holders, a district may refund outstanding bonds by issuing new coupon bonds in their place. (b) Interest is shown ...
- Texas Water Code Section 53.185 - Rates And Charges
If the board issues revenue bonds or combination tax and revenue bonds, the board, at the time it authorizes the bonds, shall fix rates and ...
- Texas Water Code Section 53.186 - Interest And Sinking Fund
(a) A district shall have an interest and sinking fund. The board shall credit to this fund all taxes collected for the payment of interest ...
- Texas Water Code Section 53.187 - Investment Of Sinking Fund
The board may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds may by law be invested. ...
- Texas Water Code Section 53.188 - Levy Of Taxes
After the district has issued bonds, the board shall levy taxes on all property in the district, whether real, personal, or mixed. The board shall ...
- Texas Water Code Section 53.189 - Assessor And Collector--Office
The assessor and collector shall maintain an office. Acts 1971, 62nd Leg., p. 418, ch. 58, § 1, eff. Aug. 30, 1971. ...
- Texas Water Code Section 53.190 - Subject To Rules Of Board
The assessor and collector is subject to the rules and regulations of the board in the same manner as provided by law for assessors and ...
- Texas Water Code Section 54.001 - Definitions
In this chapter: (1) "District" means a municipal utility district operating under this chapter. (2) "Board" means the board of directors of a district. (3) ...
- Texas Water Code Section 54.011 - Creation Of District
A municipal utility district may be created under and subject to the authority, conditions, and restrictions of Article XVI, Section 59, of the Texas Constitution. ...
- Texas Water Code Section 54.012 - Purposes Of A District
A district shall be created for the following purposes: (1) the control, storage, preservation, and distribution of its storm water and floodwater, the water of ...
- Texas Water Code Section 54.013 - Composition Of District
(a) A district may include the area in all or part of any county or counties including all or part of any cities and other ...
- Texas Water Code Section 54.014 - Petition
When it is proposed to create a district, a petition requesting creation shall be filed with the commission. The petition shall be signed by a ...
- Texas Water Code Section 54.015 - Contents Of Petition
The petition shall: (1) describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a ...
- Texas Water Code Section 54.016 - Consent Of City
(a) No land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included in a district unless ...
- Texas Water Code Section 54.0161 - Review Of Creation By County
(a) If all or part of a proposed district is to be located outside the extraterritorial jurisdiction of a city, the commissioners court of the ...
- Texas Water Code Section 54.0162 - Option Of Selection By District Composed Of Noncontiguous Areas Located In The Extraterritorial Jurisdiction Of Two Municipalities
(a) A municipal utility district composed of noncontiguous areas that on January 1, 1995, are contained in the extraterritorial jurisdiction of two municipalities may choose, ...
- Texas Water Code Section 54.0163 - Option Of Selection Of Extraterritorial Jurisdiction For Certain Districts
(a) The board of a district that is located in the extraterritorial jurisdictions of more than one municipality by resolution may select the municipality that ...
- Texas Water Code Section 54.018 - Notice And Hearing On District Creation
If a petition is filed under Section 54.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a ...
- Texas Water Code Section 54.020 - Hearing
(a) If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and accept evidence on the sufficiency ...
- Texas Water Code Section 54.021 - Granting Or Refusing Petition
(a) If the commission finds that the petition conforms to the requirements of Section 54.015 and that the project is feasible and practicable and is ...
- Texas Water Code Section 54.022 - Temporary Directors
If the commission grants the petition, it shall appoint five temporary directors to serve until permanent directors are elected. Added by Acts 1971, 62nd Leg., ...
- Texas Water Code Section 54.023 - Appeal From The Order Of The Commission
Any person who signed the petition, any city, or any person who appeared in person or by attorney or agent and offered testimony for or ...
- Texas Water Code Section 54.024 - Supervision By Commission
The rights, powers, privileges, authority, and functions conferred on a district by granting of a petition for creation shall be subject to the continuing right ...
- Texas Water Code Section 54.025 - Qualification Of Temporary Directors
After a district has been organized, each temporary director shall execute a bond in accordance with the provisions of Section 49.055 and shall take the ...
- Texas Water Code Section 54.030 - Conversion Of Certain Districts Into Districts Operating Under This Chapter
(a) Any water improvement district, water control and improvement district, fresh water supply district, levee improvement district, irrigation district, or any other conservation and reclamation ...
- Texas Water Code Section 54.031 - Establishing Date For Hearing
When the resolution requesting conversion is filed, the commission, or someone authorized by the commission, shall fix a date, time, and place when the conversion ...
- Texas Water Code Section 54.032 - Conversion Of District: Notice
(a) Notice of the conversion hearing shall be given by publishing notice in a newspaper with general circulation in the county or counties in which ...
- Texas Water Code Section 54.033 - Conversion Of District; Findings
(a) After a hearing, if the commission finds that conversion of the district into one operating under this chapter would serve the best interest of ...
- Texas Water Code Section 54.034 - Effect Of Conversion
A district which is converted into a district operating under this chapter shall: (1) be constituted a municipal utility district operating under and governed by ...
- Texas Water Code Section 54.035 - Reservation Of Certain Powers For Converted Districts
(a) Any district after converting into a municipal utility district may continue to exercise all necessary specific powers under any specific conditions provided by the ...
- Texas Water Code Section 54.036 - Directors To Continue Serving
The existing board of a district converted to a municipal utility district under the provisions of this chapter shall continue to serve as the board ...
- Texas Water Code Section 54.037 - Regional Plan Implementation Agencies
(a) This section applies only to regional plan implementation agencies, referred to in this section as agency, created as provided below. An agency may only ...
- Texas Water Code Section 54.101 - Board Of Directors
A district shall be governed by a board of five directors. Added by Acts 1971, 62nd Leg., p. 781, ch. 84, § 1. ...
- Texas Water Code Section 54.102 - Qualifications For Directors
To be qualified to serve as a director, a person shall be at least 18 years old, a resident citizen of the State of Texas, ...
- Texas Water Code Section 54.103 - Limitation On Filling Vacancies
A board may not appoint a person to fill a vacancy on the board if the person: (1) resigned from the board: (A) in the ...
- Texas Water Code Section 54.201 - Powers
(a) A district shall have the functions, powers, authority, rights, and duties which will permit accomplishment of the purposes for which it was created. (b) ...
- Texas Water Code Section 54.203 - Municipal Solid Waste
A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, extend, or establish a municipal solid waste collection and disposal system, including ...
- Texas Water Code Section 54.205 - Adopting Rules And Regulations
A district may adopt and enforce reasonable rules and regulations to: (1) secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as ...
- Texas Water Code Section 54.2051 - Service Connections To Certain Dwelling Units
(a) If the tenant of an individually metered dwelling unit applies to a district for utility service for that unit, the district may not require ...
- Texas Water Code Section 54.2052 - Plumbing Code
Notwithstanding any other law, a district is not required to adopt a plumbing code. A district may adopt and enforce one or more plumbing codes ...
- Texas Water Code Section 54.206 - Effect Of Rules
After the required publication, rules adopted by the district under Section 54.205 of this code shall be recognized by the courts as if they were ...
- Texas Water Code Section 54.207 - Publication Of Rules
(a) The board shall publish once a week for two consecutive weeks a substantive statement of the rules and the penalty for their violation in ...
- Texas Water Code Section 54.208 - Effective Date Of Rules
The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice. Five days after the ...
- Texas Water Code Section 54.209 - Limitation On Use Of Eminent Domain
A district may not exercise the power of eminent domain outside the district boundaries to acquire: (1) a site for a water treatment plant, water ...
- Texas Water Code Section 54.234 - Acquiring Road Utility District Powers
Any district, which has the power to levy taxes, may petition the commission to acquire the powers granted to road utility districts operating pursuant to ...
- Texas Water Code Section 54.235 - Authority To Contract
Any district created by general law or special act of the legislature in existence for at least 10 years which lies within a county that ...
- Texas Water Code Section 54.2351 - Contracts With Other Districts Or Water Supply Corporations
(a) In this section, "authorized water district" means a district created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution. ...
- Texas Water Code Section 54.236 - Street Or Security Lighting
Subject to the provisions of this section, a district may purchase, install, operate, and maintain street lighting or security lighting within public utility easements or ...
- Texas Water Code Section 54.237 - Enforcement Of Real Property Restrictions
(a) As used in this section, "restriction" means a limitation on the use of real property that is established or incorporated in properly recorded covenants, ...
- Texas Water Code Section 54.238 - Definitions
In this subchapter: (1) "Developer" means a person who owns a tract of land within a district and who has divided or proposes to divide ...
- Texas Water Code Section 54.239 - Appeal To The Commission Of Decision Of Board Regarding Facilities
A person aggrieved by a decision of a board involving the cost, purchase, or use of facilities may appeal the decision to the commission by ...
- Texas Water Code Section 54.240 - Notice
The commission shall give notice of the petition to persons who the commission determines may be affected by the petition, including: (1) the board; (2) ...
- Texas Water Code Section 54.241 - Action On The Petition
(a) After notice and hearing, the commission shall render a written decision granting or denying the petition, in whole or in part. (b) In rendering ...
- Texas Water Code Section 54.242 - Street Repair Or Maintenance
A district created by general law or special act of the legislature in existence for at least 10 years may repair or maintain a street ...
- Texas Water Code Section 54.243 - Disposition Of Impact Fees
A district that charges a fee that is an impact fee as described in Section 395.001(4), Local Government Code, shall use the fees collected and ...
- Texas Water Code Section 54.501 - Issuance Of Bonds
The district may issue its bonds for any purpose authorized by this chapter, Chapter 49, or other applicable laws, including the purpose of purchasing, constructing, ...
- Texas Water Code Section 54.502 - Form Of Bonds
(a) A district may issue its bonds in various series or issues. (b) Bonds shall mature serially or otherwise not more than 40 years from ...
- Texas Water Code Section 54.503 - Manner Of Repayment Of Bonds
The board may provide for the payment of principal of and interest and redemption price on the bonds in any one of the following manners: ...
- Texas Water Code Section 54.504 - Additional Security For Bonds
(a) The bonds, within the discretion of the board, may be additionally secured by a deed of trust or mortgage lien on part or all ...
- Texas Water Code Section 54.505 - Election On Tax Bonds
Bonds payable solely from revenues may be issued by resolution or order of the board without an election, but no bonds, except refunding bonds, payable ...
- Texas Water Code Section 54.507 - Notice Of Bond Election
(a) Repealed by Acts 1995, 74th Leg., ch. 715, § 43, eff. Sept. 1, 1995. (b) All or any part of any facilities or improvements ...
- Texas Water Code Section 54.510 - Provisions Of Bonds
(a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds, the establishment ...
- Texas Water Code Section 54.512 - Sale Or Exchange Of Bonds
(a) The board shall sell the bonds on the best terms and for the best possible price but none of the bonds may be sold ...
- Texas Water Code Section 54.514 - Refunding Bonds
(a) A district may issue bonds to refund all or any part of its outstanding bonds, notes, or other obligations including matured but unpaid interest ...
- Texas Water Code Section 54.5161 - Review Of Bond Projects By Counties
(a) Before the commission gives final approval on any bond issue for the purpose of financing a project of a district located wholly or partly ...
- Texas Water Code Section 54.518 - Mandamus By Bondholders
In addition to all other rights and remedies provided by the laws of the state, in the event the district defaults in the payment of ...
- Texas Water Code Section 54.520 - Cancellation Of Unsold Bonds
(a) The board, by order or resolution, may provide for the cancellation of all or any part of any bonds which have been submitted to ...
- Texas Water Code Section 54.521 - Use Of Bond Proceeds To Pay Certain Interest
The district may use bond proceeds to pay or to establish a reasonable reserve to pay not more than three years' interest on the notes ...
- Texas Water Code Section 54.522 - Bonds For Street Repair Or Maintenance
(a) The legislature finds that the condition of streets affects: (1) the control, storage, preservation, and distribution of the state's storm and flood waters; (2) ...
- Texas Water Code Section 54.601 - Tax Levy For Bonds
At the time bonds payable in whole or in part from taxes are issued, the board shall levy a continuing direct annual ad valorem tax ...
- Texas Water Code Section 54.602 - Establishment Of Tax Rate In Each Year
(a) Repealed by Acts 1979, 66th Leg., p. 2330, ch. 841, § 6(a)(3), eff. Jan. 1, 1982. (b) In determining the actual rate to be ...
- Texas Water Code Section 54.603 - Mandamus By Bondholders
In the event the board fails or refuses to levy a sufficient tax in each year which, together with other revenues or receipts which may ...
- Texas Water Code Section 54.604 - Assessment And Collection Of District Taxes
The assessor and collector shall assess and collect taxes for the district. Added by Acts 1971, 62nd Leg., p. 801, ch. 84, § 1. Amended ...
- Texas Water Code Section 54.728 - Consolidation Of Districts
Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 54.729-54.733 of this code. Added ...
- Texas Water Code Section 54.729 - Elections To Approve Consolidation
(a) After the board of each district has agreed on the terms and conditions of consolidation, which may include the assumption by each district of ...
- Texas Water Code Section 54.730 - Governing Consolidated Districts
(a) After two or more districts are consolidated, they become one district and are governed as one district, except for the payment of debts created ...
- Texas Water Code Section 54.731 - Debts Of Original Districts
(a) After two or more districts are consolidated, the debts of the original districts shall be protected and may not be impaired. These debts may ...
- Texas Water Code Section 54.732 - Assessment And Collection Of Taxes
After consolidation, the district shall assess and collect taxes on property in the original districts to pay debts created by the original districts unless each ...
- Texas Water Code Section 54.733 - Voted But Unissued Bonds
In the event any consolidating district has voted but unissued bonds payable in whole or in part from taxation and the consolidated district assumed the ...
- Texas Water Code Section 54.734 - Dissolution Of District Prior To Issuance Of Bonds
(a) If the board considers it advisable before the issuance of any bonds, notes, or other indebtedness, the board may dissolve the district and liquidate ...
- Texas Water Code Section 54.735 - Notice Of Hearing
The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located ...
- Texas Water Code Section 54.736 - Hearing
The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice. Added by Acts 1971, ...
- Texas Water Code Section 54.737 - Board's Order To Dissolve District
If the board unanimously determines from the evidence that the best interests of the persons and property in the district will be served by dissolving ...
- Texas Water Code Section 54.738 - Judicial Review Of Board's Order
The board's decree to dissolve the district may be judicially reviewed in the manner set forth in Sections 54.708-54.710 of this code for the review ...
- Texas Water Code Section 54.739 - Substituting Land Of Equal Value
After the district is organized and acquires facilities with which to function for the purposes for which it was organized, and votes, issues and sells ...
- Texas Water Code Section 54.740 - Requisites For Application For Exclusion
An owner of land in the district not receiving services from the district may apply for its exclusion from the district boundaries if all taxes ...
- Texas Water Code Section 54.741 - Inclusion Of Substitute Land Required
An application for exclusion can only be considered by the board if an application is filed by an owner of other land lying outside the ...
- Texas Water Code Section 54.742 - Application For Inclusion
The application submitted by an owner of land proposed for inclusion shall set forth that the owner of the new land assumes the payment of ...
- Texas Water Code Section 54.743 - Notice Of Hearing And Hearing Procedures
The board shall give notice of the hearing on the applications for exclusion and inclusion in conformity with the notice and hearing requirements otherwise applicable ...
- Texas Water Code Section 54.744 - Impairment Of Security
For purposes of the board's consideration of the applications, the lands proposed for inclusion shall be deemed to be sufficient to avoid an impairment of ...
- Texas Water Code Section 54.745 - Board's Resolution To Substitute
If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist and that ...
- Texas Water Code Section 54.746 - Liability Of Excluded And Included Land
The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included ...
- Texas Water Code Section 54.747 - Service To Included Land
The district has the same right and obligation to furnish services to the included land that it previously had to furnish to the excluded land. ...
- Texas Water Code Section 54.748 - Exclusion Of Land For Failure To Provide Sufficient Services; Bonds Outstanding
(a) This section applies only to a district that has a total area of more than 5,000 acres. (b) The board shall call a hearing ...
- Texas Water Code Section 54.749 - Tax Liability Of Excluded Land; Bonds Outstanding
(a) Land excluded from the district under Section 54.748 that is pledged as security for any outstanding debt of the district remains pledged for its ...
- Texas Water Code Section 54.801 - Authority To Establish Defined Areas Or Designated Property
(a) A district that is composed of at least 1,500 acres may define areas or designate certain property of the district to pay for improvements, ...
- Texas Water Code Section 54.802 - Defining Area And Designating Property To Be Benefited By Improvements
(a) The board shall adopt a proposed plan that defines the particular area to be taxed by metes and bounds or designates the property to ...
- Texas Water Code Section 54.803 - Notice Of Adoption Of Plans For Defined Area Or Designated Property And Hearing
(a) After proposed plans for a defined area or designated property are adopted, the board shall publish notice of the adoption once a week for ...
- Texas Water Code Section 54.804 - Order Adopting Plans For Defined Area Or Designated Property
(a) After the hearing is completed, the board may approve the proposed plans for the defined area or designated property or may modify the proposed ...
- Texas Water Code Section 54.805 - Obtaining Funds To Construct, Administer, Maintain, And Operate Improvements And Facilities In Defined Areas Or Designated Property
On adoption of the plans as provided by Section 54.804 of this code and voter approval of the plans, the district, under the limitations of ...
- Texas Water Code Section 54.806 - Procedure For Election
(a) Before the adopted plans may become effective, they must be approved by the voters in the defined area or within the boundaries of the ...
- Texas Water Code Section 54.807 - Ballots
The ballot proposition for an election under this subchapter must be printed to provide for voting for or against defining the area or designating the ...
- Texas Water Code Section 54.808 - Declaring Result And Issuing Order
(a) If a majority of the voters voting at the election approve the proposition, the board shall declare the results and, by order, shall establish ...
- Texas Water Code Section 54.809 - Issuance Of Bonds And Levy Of Tax For Defined Area Or Designated Property
After the order is recorded, the district may issue its bonds to provide the specific plant, works, and facilities included in the plans adopted for ...
- Texas Water Code Section 54.810 - Limitation On Other Bond Authorizations
If the voters of the designated area authorize the issuance of bonds for a particular purpose, a district may not issue bonds from any other ...
- Texas Water Code Section 54.811 - Pledge Of Faith And Credit
If at an election, the voters approve the issuance of bonds and the levy of a tax that applies only to a designated area, the ...
- Texas Water Code Section 54.812 - Notice To Purchasers
(a) A person who sells or conveys real property located within the designated area of the district shall supplement the notice to purchaser required by ...
- Texas Water Code Section 54.813 - Municipality's Authority Regarding Defined Area
(a) This section applies only to a municipality any portion of which is located in a county with a population of more than 800,000 and ...
- Texas Water Code Section 55.001 - Definitions
In this chapter: (1) "District" means a water improvement district created under this chapter. (2) "Board" means the board of directors of a water improvement ...
- Texas Water Code Section 55.021 - Creation Of District
A water improvement district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section ...
- Texas Water Code Section 55.022 - District Wholly Within One County
The commissioners court of a county, at any regular or called session, may create one or more water improvement districts in the county as provided ...
- Texas Water Code Section 55.023 - District May Include Cities, Towns, Etc
A district may include all or part of one or more cities, towns, villages, and municipal corporations, but no land may be included in more ...
- Texas Water Code Section 55.024 - Petition
(a) A petition requesting creation of a district may be presented to the commissioners court. The petition must be signed by a majority of the ...
- Texas Water Code Section 55.025 - Date Set For Hearing
The commissioners court shall set a date for a hearing on the petition, to be held at a regular or special session not less than ...
- Texas Water Code Section 55.026 - Notice Of Hearing
(a) The county clerk shall issue a notice of the hearing directed to the sheriff giving the date and place of the hearing, and a ...
- Texas Water Code Section 55.027 - Hearing
(a) At the hearing, any person whose land is included in and would be affected by the district may support or oppose creation of the ...
- Texas Water Code Section 55.028 - Findings; Order
The commissioners court shall make and enter its findings in the record. If it finds that creation of the district and the construction or purchase ...
- Texas Water Code Section 55.029 - Appeal
(a) Any petitioner or any landowner in the district aggrieved by the order of the commissioners court may appeal the order to the district court. ...
- Texas Water Code Section 55.031 - Voting Precincts
(a) The commissioners court, at the time it orders the election, shall order creation of one or more election precincts in the district and shall ...
- Texas Water Code Section 55.032 - Election Officials
The commissioners court shall appoint two judges and two clerks for each polling place, and designate one of the judges to be presiding judge. If ...
- Texas Water Code Section 55.037 - Directors
The commissioners court shall declare the five persons receiving the most votes to be elected directors. If not all five positions can be determined because ...
- Texas Water Code Section 55.038 - Issuance Of Notes
(a) If the proposition to issue notes carries, the board of directors shall issue notes of the district, in an amount not to exceed four ...
- Texas Water Code Section 55.039 - Recordation Of Order
(a) After the commissioners court makes and enters in its minutes the order creating the district or an order changing the name of a district, ...
- Texas Water Code Section 55.040 - Multi-County District: Petition
Creation of a district composed of land in two or more counties may be initiated by presenting a petition to the commission signed by the ...
- Texas Water Code Section 55.042 - Multi-County District: Hearing
If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and any person whose land would be ...
- Texas Water Code Section 55.043 - Multi-County District: Findings
(a) If the commission finds that the plan of water conservation, irrigation, and use presented in the petition is practicable and would be a public ...
- Texas Water Code Section 55.044 - Multi-County District: Notice Of Election
On receiving a certified copy of the findings of the commission authorizing the election, the commissioners court of each county shall have notices of the ...
- Texas Water Code Section 55.045 - Multi-County District: Rules Governing Election
Except as provided by the succeeding sections, the election shall be held, the returns made and canvassed, and the results declared, as provided in the ...
- Texas Water Code Section 55.046 - Multi-County District: Election Returns, Canvass, Result
(a) The commission shall designate the county judge of one of the counties in the proposed district to act as a canvassing board to receive ...
- Texas Water Code Section 55.047 - Exclusion Of City, Unincorporated Area, Or County Voting Against District
(a) As used in this section: (1) "city" includes town or other municipal corporation; and (2) "unincorporated area" means an area not included within the ...
- Texas Water Code Section 55.048 - Name Of District
(a) The name of a district wholly within one county shall include the name of the county and a number. Districts wholly within one county ...
- Texas Water Code Section 55.049 - Survey Of District Boundaries
Immediately after the directors are qualified, the board shall order a survey of the boundaries of the district to be made according to the boundaries ...
- Texas Water Code Section 55.050 - Chapter Applicable To Irrigation Districts
Irrigation districts created under the laws of 1905, 1913, and 1915 (Chapter 50, Acts of the 29th Legislature, 1905; Chapter 172, Acts of the 33rd ...
- Texas Water Code Section 55.051 - Change Of District Name
(a) An irrigation district created under the law of 1905, 1913, or 1915 (Chapter 50, Acts of the 29th Legislature, 1905; Chapter 172, Acts of ...
- Texas Water Code Section 55.053 - Conversion Of Article Iii, Section 52 District To Article Xvi, Section 59 District
(a) A water improvement district created subject to the limitations of Article III, Section 52, of the Texas Constitution, may be converted into a water ...
- Texas Water Code Section 55.101 - Board Of Directors
The governing body of a district is a board of five directors. Acts 1971, 62nd Leg., p. 435, ch. 58, § 1, eff. Aug. 30, ...
- Texas Water Code Section 55.102 - Qualifications Of Directors
To be qualified for election as a director, a person must be a resident of the state, own land subject to taxation in the district, ...
- Texas Water Code Section 55.103 - Application To Get On Ballot
(a) A person qualified to serve as a director may file an application with the secretary to have the applicant's name printed on the election ...
- Texas Water Code Section 55.107 - Optional Conversion To Staggered Terms
(a) The board, by resolution adopted before December 1 of any year on the vote of at least four directors, may adopt the system of ...
- Texas Water Code Section 55.108 - Appointment Of Directors In Certain Districts
(a) If the petition to create a district proposes a district which would contain no more than 12,000 acres of land, and if at least ...
- Texas Water Code Section 55.110 - Additional Bonds
(a) If a district is appointed fiscal agent of the United States or is authorized to collect money for and in behalf of the United ...
- Texas Water Code Section 55.161 - Purposes Of District
(a) A water improvement district may provide for irrigation of the land within its boundaries. (b) A district operating under Article XVI, Section 59, of ...
- Texas Water Code Section 55.163 - Improvements: Purchase Or Construction
A district may purchase or construct improvements and facilities necessary for irrigation of land in the district, and if operating under Article XVI, Section 59, ...
- Texas Water Code Section 55.165 - Drainage Ditches: Levees
The board may include in the plans of the district the necessary drainage ditches, or other facilities for drainage, and levees for the protection of ...
- Texas Water Code Section 55.166 - Constructing Bridges And Culverts Across And Over County And Public Roads
The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads. Funds of the ...
- Texas Water Code Section 55.167 - Constructing Culverts And Bridges Across And Under Railroad Tracks And Roadways
(a) The district, at its own expense, may build necessary bridges and culverts across or under any railroad tracks or roadways to enable the district ...
- Texas Water Code Section 55.185 - Contract With The United States
The board may enter into a contract or other obligation with the United States for the following purposes: (1) to construct, operate, and maintain necessary ...
- Texas Water Code Section 55.186 - Payments Made By A District Under A Contract With The United States
(a) If a district enters into a contract with the United States, the district may deposit with the United States district bonds at 90 percent ...
- Texas Water Code Section 55.187 - District As Fiscal Agent For United States
The board may accept on behalf of the district appointment as the fiscal agent for the United States on any federal reclamation project. As fiscal ...
- Texas Water Code Section 55.188 - Conveying Property To The United States
If the district enters into a contract with the United States, the board may convey to the United States any property which is necessary for ...
- Texas Water Code Section 55.192 - Acquiring Water Rights
Any district may acquire water rights in the manner provided by law. Acts 1971, 62nd Leg., p. 446, ch. 58, § 1, eff. Aug. 30, ...
- Texas Water Code Section 55.193 - Selling Water Rights
(a) Any district which has a permit issued by the commission to construct a reservoir and to appropriate water from a stream or watershed for ...
- Texas Water Code Section 55.194 - Transfer Of Water Right
If there is land in a district which has a water right from a source of supply acquired by the district but the land is ...
- Texas Water Code Section 55.195 - Supplying Water To Cities Outside The District
When a district acquires an established irrigation system which supplies water to landowners in a city, town, or village which is not included in the ...
- Texas Water Code Section 55.196 - Selling Waterpower Privileges
The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs and irrigation ...
- Texas Water Code Section 55.197 - Selling Surplus Water
The district may sell to any person who owns or uses land in the vicinity of the district any surplus district water for use in ...
- Texas Water Code Section 55.198 - Pumping And Delivering Water To Land Near District
The district may enter into a contract with a person who owns or uses land in the vicinity of the district and who has a ...
- Texas Water Code Section 55.200 - Sale Of Land Acquired By A District For Other Than District Purposes
The district may sell to the highest bidder at a public sale any land acquired by the district through foreclosure of liens for maintenance and ...
- Texas Water Code Section 55.201 - Use Of Excess District Money
After all district improvements are completed and all expenses are paid, the board may use any remaining money to preserve, maintain, and repair district improvements. ...
- Texas Water Code Section 55.202 - Board's Semiannual Report
On the first day of January and July of each year, the board shall make and verify a report which shows in detail the kind, ...
- Texas Water Code Section 55.204 - Waiver Of District Tort Immunity
If the board finds that it is in the best interest of the district and that it is necessary to enable the district to enter ...
- Texas Water Code Section 55.241 - Purpose
The powers granted to the district and its board under this subchapter are for the purpose of helping the district to maintain the purity of ...
- Texas Water Code Section 55.242 - Rules And Regulations
The board may make and adopt reasonable rules and regulations which are necessary (1) to preserve the sanitary condition of water controlled by the district; ...
- Texas Water Code Section 55.243 - Notice Of Rules And Regulations
(a) Before a rule or regulation providing for a penalty may be effective, the district must publish a substantial statement of the rule or regulation ...
- Texas Water Code Section 55.244 - Judicial Notice Of Rules And Regulations
The courts shall take judicial notice of rules and regulations made and adopted under this subchapter. The rules and regulations shall be considered to be ...
- Texas Water Code Section 55.245 - Contracts For Toll Bridges And Ferry Services
(a) The board has the exclusive right to enter into a contract with any responsible person to construct and operate toll bridges over water regulated ...
- Texas Water Code Section 55.246 - Bond
The board shall require any person with whom it enters into a contract under Section 55.245 of this code to execute an adequate bond in ...
- Texas Water Code Section 55.247 - License, Franchise, And Fee
(a) Before a person may keep or operate for hire on district water a ferry or other type of transportation, the person must obtain a ...
- Texas Water Code Section 55.248 - Charges For Use Of Toll Bridge Facilities And Ferry Service
The board may fix a reasonable amount of compensation to be charged by the owner or operator of a toll bridge or a ferry service ...
- Texas Water Code Section 55.249 - Regulating Boats
(a) The district may prescribe the type of boats to be used on district water to carry persons for hire and for recreational purposes and ...
- Texas Water Code Section 55.250 - Responsibilities Of Boat Owners And Operators
(a) The owner or operator of a boat used as a ferry or other type of transportation shall keep the boat and boat landings in ...
- Texas Water Code Section 55.251 - Peace Officers
The district may employ and constitute its own peace officers. The peace officers may make arrests when necessary to prevent or abate the commission of ...
- Texas Water Code Section 55.253 - Injunction
In addition to the penalties provided by this subchapter, the district may seek an injunction in a court of competent jurisdiction in the county in ...
- Texas Water Code Section 55.332 - Duties Of The Engineer
The engineer shall make a complete survey of the land included in the district and make a map and profile of the canals, laterals, reservoirs, ...
- Texas Water Code Section 55.333 - Maps
(a) The map shall show the name and number of each survey and the area in the district in number of acres. (b) The map ...
- Texas Water Code Section 55.334 - Adopting Old Surveys
(a) The engineer may adopt any surveys made in the past by any person who has applied for or appropriated any water for irrigation under ...
- Texas Water Code Section 55.335 - Additional Improvements
If additional improvements of canals, ditches, laterals, reservoirs, or pumping plants are to be constructed, the report shall contain the detailed information with reference to ...
- Texas Water Code Section 55.336 - Existing Improvements
If the district contains any pumping plants, canals, dams, ditches, or reservoirs which the district is planning to acquire or purchase, the map or plat ...
- Texas Water Code Section 55.337 - Signing And Filing Engineer's Report, Map, And Profile
After the map, profile, specifications, and estimates are completed, the engineer shall sign them and file them with the secretary of the board. Acts 1971, ...
- Texas Water Code Section 55.338 - Maps And Data Unnecessary Under Contract With United States
None of the maps and data prescribed by this subchapter are required under a contract with the United States except for maps and data needed ...
- Texas Water Code Section 55.351 - Statement Estimating Water Requirements And Payment Of Charge
Each person desiring to receive water at any time during the year shall furnish the secretary of the board a written statement of the acreage ...
- Texas Water Code Section 55.352 - Board's Estimate Of Maintenance And Operating Expenses
The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and ...
- Texas Water Code Section 55.353 - Methods For Determining Maintenance And Operating Expenses
The board may make assessments for maintenance and operating expenses as provided in this subchapter on the basis of the quantity of water used. Acts ...
- Texas Water Code Section 55.354 - Distribution Of Assessment
(a) Not less than one-third nor more than two-thirds of the estimated maintenance and operating expenses shall be paid by assessment against all land in ...
- Texas Water Code Section 55.355 - Notice Of Assessments
(a) Public notice of all assessments shall be given by posting printed notices of the assessment in at least three public places in the district. ...
- Texas Water Code Section 55.356 - Payment Of Assessments
All assessments shall be paid in installments at the times fixed by the board. If a crop for which water was furnished by the district ...
- Texas Water Code Section 55.357 - Collection Of Assessments By Tax Assessor And Collector
(a) Under the direction of the board, the assessor and collector of taxes, or other person designated by the board, shall collect all assessments for ...
- Texas Water Code Section 55.358 - Contracts With Person Using Water
(a) The board may require each person who desires to use water during the year to enter into a contract with the district which states ...
- Texas Water Code Section 55.359 - Lien Against Crops
(a) The district shall have a first lien, superior to all other liens, against all crops grown on each tract of land in the district ...
- Texas Water Code Section 55.360 - List Of Delinquent Assessments
Assessments not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall ...
- Texas Water Code Section 55.361 - Water Service Discontinued
If a landowner shall fail or refuse to pay any water assessment when due, his water supply shall be cut off, and no water shall ...
- Texas Water Code Section 55.362 - Suits For Delinquent Assessments
Suits for delinquent water assessments may be brought either in the county in which the irrigation district is located or in the county in which ...
- Texas Water Code Section 55.363 - Interest And Collection Fees
(a) All assessments shall bear interest from the date payment is due at the rate of 15 percent a year. Assessments not paid by the ...
- Texas Water Code Section 55.364 - Rights Of The United States
If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to enforce ...
- Texas Water Code Section 55.365 - Surplus Assessments
If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to ...
- Texas Water Code Section 55.366 - Insufficient Assessments
If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed, pro ...
- Texas Water Code Section 55.367 - Land Not Subject To Assessments
If a district fails to furnish sufficient water to irrigate land in the district for two years after its organization, the nonirrigated land is relieved ...
- Texas Water Code Section 55.368 - Loans For Maintenance And Operating Expenses
The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may ...
- Texas Water Code Section 55.369 - Fixed Charges For Maintenance Expenses
If maintenance charges are based on the quantity of water used, a fixed charge may be made on all land or water connections entitled to ...
- Texas Water Code Section 55.370 - Charge To Cities And Towns
If a district includes a city or town or contracts with a city or town to supply water to it, the charge for the use ...
- Texas Water Code Section 55.371 - Authority To Determine Rules And Regulations
The directors may adopt, alter, and rescind rules, regulations, and standing and temporary orders which do not conflict with the provisions of this chapter and ...
- Texas Water Code Section 55.401 - Authority Of Districts With Military Base To Issue Bonds
Any district operating under Article XVI, Section 59, of the Texas Constitution, which contains all or part of a United States military camp or base ...
- Texas Water Code Section 55.402 - Bond Election
The district may issue negotiable revenue bonds with a total par value of not more than $100,000 without the necessity of holding an election, but ...
- Texas Water Code Section 55.403 - Interest Rate And Maturity Date
Bonds issued under this subchapter shall mature not more than five years after the date of issuance. Acts 1971, 62nd Leg., p. 459, ch. 58, ...
- Texas Water Code Section 55.404 - Security For Bonds
(a) Bonds issued under this subchapter may be secured by all or part of the net revenue to be received from a contract for the ...
- Texas Water Code Section 55.405 - Approval; Registration
After bonds are authorized under this subchapter but before they are issued, the bonds, the resolution of the board authorizing the bonds to be issued, ...
- Texas Water Code Section 55.406 - Validity Of Bonds
After bonds are approved by the attorney general and registered with the comptroller, they shall be held valid and binding in any action, suit, or ...
- Texas Water Code Section 55.407 - Payment Of Bonds
The holder of bonds issued under the provisions of this subchapter is not entitled to payment of the bonds from funds derived from taxes levied ...
- Texas Water Code Section 55.408 - Advertising For Bids
A contract for constructing or acquiring filtration and pumping equipment, pipelines, or other facilities to supply water to military camps or bases may be awarded ...
- Texas Water Code Section 55.421 - Construction And Maintenance Fund
The expenses, debts, and obligations incurred in creating, establishing, and maintaining the district shall be paid from the construction and maintenance fund. The construction and ...
- Texas Water Code Section 55.422 - Maintenance And Operating Fund
(a) The district shall create a maintenance and operating fund which shall consist of any money collected by assessment or other methods for the maintenance ...
- Texas Water Code Section 55.452 - Adopting Method For Payment Of Debts
(a) When a district incurs a debt or obligation, it shall provide for payment of the debt or obligation by levying, assessing, and collecting either ...
- Texas Water Code Section 55.454 - Incurring Debt Without Voter Approval
None of the provisions of this subchapter shall prevent the board from creating any debt or obligation without voter approval if the debt or obligation ...
- Texas Water Code Section 55.455 - Taxes On Uniform Basis
(a) Any district which has the principal function of furnishing water for irrigation in the district may provide for the payment of principal and interest ...
- Texas Water Code Section 55.456 - Obtaining Loan When Bonds Cannot Be Sold
If the district has any bonds which were issued under the provisions of this code but which cannot, in the opinion of the board, be ...
- Texas Water Code Section 55.457 - Using Revenue From Sale Of Water, Power, And Other Services To Pay Debts
(a) The district may fix charges for the use and sale of water, power, and other services to pay debts and to accomplish other lawful ...
- Texas Water Code Section 55.458 - Loan Fund
(a) The board may pay or contract to pay on any bonds which it has sold or pledged, in addition to taxes, other funds derived ...
- Texas Water Code Section 55.491 - Bond Election
After the district is created, the members of the board are qualified, the maps, profiles, specifications, and estimate are filed, and after the assessor and ...
- Texas Water Code Section 55.497 - Necessary Vote
(a) In a district operating under the authority of Article III, Section 52, of the Texas Constitution, a two-thirds vote of persons voting in the ...
- Texas Water Code Section 55.498 - Ordering Issuance Of Bonds
After the vote is canvassed and a favorable result is declared, the board shall make and enter an order authorizing the issuance of bonds or ...
- Texas Water Code Section 55.499 - Amount Of Bonds
The bonds shall be sufficient in amount to pay for the proposed improvements together with necessary incidental expenses connected with the improvements, but the amount ...
- Texas Water Code Section 55.500 - Limitation Of Indebtedness
In districts organized under Article III, Section 52, of the Texas Constitution, the amount of bonds or the amount of the contract indebtedness with the ...
- Texas Water Code Section 55.501 - Special Interest Procedure
(a) The maximum amount of bonds issued by a district may include a sufficient sum to pay the first one, two, or three years' interest ...
- Texas Water Code Section 55.502 - Formal Requirements Of Bonds
(a) The board shall issue bonds in the name of the district, and the president shall sign the bonds, the secretary shall attest to them, ...
- Texas Water Code Section 55.504 - Suit To Determine Validity Of Bonds Or Contract
(a) Before any bonds are offered for sale, the district shall bring suit in any district court within the judicial district in which the district ...
- Texas Water Code Section 55.505 - Notice To Attorney General
(a) Notice of a validation suit shall be served on the attorney general in the manner provided for serving a notice in civil suits. (b) ...
- Texas Water Code Section 55.507 - Right Of Persons To Intervene And Participate In Suit
At the trial of a validation suit the court may permit persons having an interest in the issues to be determined to intervene and participate ...
- Texas Water Code Section 55.509 - Judgment Rendered
(a) If the judgment of the court in a validation suit is against the district, the district may accept the judgment and may correct the ...
- Texas Water Code Section 55.510 - Court's Decree
(a) After the district court enters a final judgment in a validation suit, the clerk of the court shall make a certified copy of the ...
- Texas Water Code Section 55.513 - County Clerk's Fees
The county clerk is entitled to receive: (1) for registering the bonds, 10 cents for each bond which is registered; (2) for entering the payment ...
- Texas Water Code Section 55.514 - Sale Of Bonds
(a) After the bonds are issued and registered by the comptroller, the board shall offer the bonds for sale and shall sell them on the ...
- Texas Water Code Section 55.515 - Emergency Loans And Interim Bonds
(a) The district may create emergency loans and issue interim bonds for the purposes, in the manner, and under the restrictions and limitations provided in ...
- Texas Water Code Section 55.516 - Tax Levy
(a) After bonds have been voted, the board shall levy a tax on all property in the district sufficient to pay the interest on the ...
- Texas Water Code Section 55.517 - Adjustment Of Tax Levy
The tax which is levied in connection with the original bond issue shall remain in force for that purpose until a new levy is made. ...
- Texas Water Code Section 55.518 - Interest And Sinking Fund
(a) The district shall have an interest and sinking fund which shall consist of all taxes collected under the provisions of this chapter for this ...
- Texas Water Code Section 55.519 - Investment Of Sinking Funds
The board may invest sinking funds of the district in bonds of the United States, the State of Texas, any county, any incorporated city or ...
- Texas Water Code Section 55.520 - Refunding Bonds
(a) The board of a district which has issued bonds under the provisions of this chapter, by resolution, may issue refunding bonds to replace the ...
- Texas Water Code Section 55.521 - Registering Refunding Bonds
(a) The comptroller may not register any refunding bonds until the original bonds for which the refunding bonds are issued are presented to him for ...
- Texas Water Code Section 55.522 - Issuing Refunding Bonds For The Same Amount And With The Same Maturity Date As The Original Bonds
(a) Refunding bonds for the same amount and with the same maturity date as the bonds which they are to replace may be authorized by ...
- Texas Water Code Section 55.523 - Issuing Refunding Bonds Which Place A Greater Burden On The District
If the district issues refunding bonds for a greater amount, for a greater rate of interest, or for a longer period of maturity than the ...
- Texas Water Code Section 55.524 - Law Governing Refunding Bonds
(a) The provisions of this subchapter governing the election and the issuance, approval, validation, registration, and sale of bonds shall apply to refunding bonds. (b) ...
- Texas Water Code Section 55.525 - Limiting District's Power To Incur Debt
(a) The board of any district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, may limit the power of the ...
- Texas Water Code Section 55.526 - Notice Of Limitation Of Debt
Once a week for two consecutive weeks in a newspaper published in the district, the board shall publish notice of the adoption of a resolution ...
- Texas Water Code Section 55.527 - Limitation Election
(a) If a petition is filed under Section 55.526 of this code, the limitation of the power to incur debt will not take effect unless ...
- Texas Water Code Section 55.528 - Operating Under A Limitation On Power To Incur Debt
(a) If no petition is presented under Section 55.526 of this code or if the limitation on the power to incur debt is approved at ...
- Texas Water Code Section 55.529 - Issuing Bonds In Excess Of Debt Limitation
(a) If the plans, specifications, and estimates under Section 55.528 of this code are approved by the commission, the district shall publish notice once a ...
- Texas Water Code Section 55.530 - Additional Projects For The District
(a) After district bonds have been authorized or issued or after a contract with the United States has been authorized or executed, if the board ...
- Texas Water Code Section 55.531 - Issuance Of Additional Bonds
(a) If an election held under Section 55.530 of this code favors the issuance of additional bonds or execution of a contract with the United ...
- Texas Water Code Section 55.532 - Funds To Repair Damaged Improvements
(a) If improvements of the district are damaged, the district may issue bonds or notes to secure funds to repair the damage. (b) The district's ...
- Texas Water Code Section 55.533 - Preferred Lien In Favor Of The United States
A lien for the payments due the United States under a contract between the district and the United States under which bonds have not been ...
- Texas Water Code Section 55.534 - Default In Paying Principal And Interest On Bonds By A District Obtaining Its Water Supply From The United States
(a) If a district which obtains its water supply from the United States defaults in the payment of principal and interest on bonds issued by ...
- Texas Water Code Section 55.581 - Assessment And Collection Of District Taxes
The assessor and collector shall assess and collect taxes for the district. Acts 1971, 62nd Leg., p. 475, ch. 58, § 1, eff. Aug. 30, ...
- Texas Water Code Section 55.600 - Tax Office
For the convenience of district taxpayers, the assessor and collector shall maintain an office with the board. The office shall serve as a place where ...
- Texas Water Code Section 55.601 - Additional Duties Of The Assessor And Collector
The board may prescribe other duties for the assessor and collector which duties shall be performed in the manner prescribed in the board's rules and ...
- Texas Water Code Section 55.604 - Assessment Liens
Assessments made by the board for maintenance and operation of the district are liens against the land on which the assessments were made and remain ...
- Texas Water Code Section 55.620 - General Powers And Regulations
(a) No district may become a party to, purchase, hold under, assign, seek to enforce, or receive benefits from a contract between a landowner and ...
- Texas Water Code Section 55.651 - Election To Determine Method Of Taxation
(a) A district which operates under the provisions of Article XVI, Section 59, of the Texas Constitution, may, at the time the district is created ...
- Texas Water Code Section 55.652 - Assessment Record
When necessary, the board shall apportion and assess the benefits conferred on property in the district and shall make a record showing the amount and ...
- Texas Water Code Section 55.653 - Notice Of Taxes
After the board makes the record specified in Section 55.652 of this code, the board shall mail to each property owner whose name appears in ...
- Texas Water Code Section 55.654 - Decision After Hearing
After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount ...
- Texas Water Code Section 55.655 - Applicable Law
The provisions of this chapter relating to levy, assessment, and collection of taxes which are not inconsistent with the provisions of this subchapter shall apply. ...
- Texas Water Code Section 55.656 - Districts Adopting Benefit Plan Of Taxation
In any district other than a district operating under a contract with the United States which is operating under the provisions of Article XVI, Section ...
- Texas Water Code Section 55.657 - Commissioners Of Appraisement
As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall ...
- Texas Water Code Section 55.658 - Compensation Of Commissioners
On approval by the board, each commissioner is entitled to receive $10 a day for each day he actually serves, plus all necessary expenses. Acts ...
- Texas Water Code Section 55.659 - Notice Of Appointment And Meeting
Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of ...
- Texas Water Code Section 55.660 - First Meeting Of Commissioners
(a) The commissioners shall meet at the time specified in the notice from the secretary or as soon thereafter as possible. (b) At the meeting ...
- Texas Water Code Section 55.661 - Assistance For Commissioners
Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties, they may ...
- Texas Water Code Section 55.662 - Viewing Land And Other Property And Improvements In District
The commissioners shall view the land in the district which will be affected by the district's reclamation plans and the public roads, railroads, rights-of-way, and ...
- Texas Water Code Section 55.663 - Commissioners Report
(a) The commissioners shall prepare a report and file it with the secretary of the board. The report shall be signed by at least a ...
- Texas Water Code Section 55.664 - Notice Of Hearing
(a) After the commissioners' report is filed, the secretary of the board shall publish notice of the hearing on the report at least once a ...
- Texas Water Code Section 55.665 - Hearing
(a) At or before the hearing on the commissioners' report, an owner of land which is affected by the report or the reclamation plans may ...
- Texas Water Code Section 55.666 - Witnesses At The Hearing
At the hearing, interested parties not only may appear in person or by attorney, but are entitled, on demand, to have the chairman of the ...
- Texas Water Code Section 55.667 - Costs Of Hearing
The commissioners may adjudge and apportion the cost of the hearing in any manner they consider equitable. Acts 1971, 62nd Leg., p. 487, ch. 58, ...
- Texas Water Code Section 55.668 - Commissioners' Decree
(a) After the commissioners have made a final decision based on the hearing, they shall issue a decree confirming their report insofar as it remains ...
- Texas Water Code Section 55.669 - Effect Of Final Judgment And Decree
The final judgment and decree of the commissioners shall form the basis for all taxation in the district. Taxes shall be apportioned and levied on ...
- Texas Water Code Section 55.670 - Fixing Tax As Equal Sum On Each Acre
At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of a ...
- Texas Water Code Section 55.671 - Election
(a) If the board desires to submit the question of whether or not to adopt the method of assessing benefits provided in Section 55.670 of ...
- Texas Water Code Section 55.672 - Excluding Nonirrigable Land From District
If the owner of land which is classed as nonirrigable under the uniform acreage valuation objects to the amount of charges fixed against him by ...
- Texas Water Code Section 55.673 - Setting Annual Value Of Land Unnecessary
If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all land in the district, and it is not ...
- Texas Water Code Section 55.674 - Preparing Tax Rolls
(a) The board shall examine the tax rolls to determine if all property subject to taxation appears on the tax rolls under the proper classification. ...
- Texas Water Code Section 55.676 - Law Governing Administration Of Benefit Tax Plan
In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by ...
- Texas Water Code Section 55.677 - Irrigating Nonirrigable Land
If land which is classed as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay ...
- Texas Water Code Section 55.721 - Exclusion Of Nonagricultural And Nonirrigable Land From District
Land located in the district which is classified as nonagricultural and nonirrigable may be excluded from the district in the manner provided in Subchapter J, ...
- Texas Water Code Section 55.750 - Consolidation Of Districts
Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 55.751-55.754. Acts 1971, 62nd Leg., ...
- Texas Water Code Section 55.751 - Elections To Approve Consolidation
(a) After the directors of each district have agreed upon the terms and conditions of consolidation, they shall order an election in each district to ...
- Texas Water Code Section 55.752 - Governing Consolidated Districts
(a) When two or more districts are consolidated, they become one district, except for the payment of debts created prior to consolidation, and are governed ...
- Texas Water Code Section 55.753 - Debts Of Original Districts
(a) When two or more districts are consolidated, the debts of the original districts are protected and are not impaired. (b) These debts may be ...
- Texas Water Code Section 55.754 - Taxes Of The Original District
(a) After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by ...
- Texas Water Code Section 55.755 - Exclusion Of Certain Nonirrigated Land
If a district is principally engaged in providing water for agricultural irrigation or the primary purpose of the district is to provide water for agricultural ...
- Texas Water Code Section 55.801 - Failure To Function
Subject to the provisions of Sections 50.251-50.256 of this code, if any district does not begin to acquire the necessary canals, ditches, flumes, laterals, reservoirs, ...
- Texas Water Code Section 55.802 - Rights Of Debtors If District Failed To Function
Any person with an interest in the district or a debt owed by the district may collect the debt in the manner provided for the ...
- Texas Water Code Section 55.803 - Dissolution Using Procedure For Organization Of Districts
If all debts and obligations of the district have been paid and discharged, a district may dissolve voluntarily by the same vote and in the ...
- Texas Water Code Section 55.804 - Dissolution Using Procedure For Abolition Of Districts In Chapter 56
A district may dissolve voluntarily in the manner provided for the dissolution of districts in Chapter 56 of this code, and the provisions in that ...
- Texas Water Code Section 55.805 - Payment Of Debts On Dissolution Of District
(a) All debts of districts dissolved under the provisions for the dissolution of districts in this subchapter shall be prorated against the lands in the ...
- Texas Water Code Section 56.001 - Definitions
In this chapter: (a) "District" means any drainage district organized under this chapter. (b) "Board" means the governing body of a drainage district. (c) "Commissioners ...
- Texas Water Code Section 56.011 - Creation Of District
A drainage district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52, ...
- Texas Water Code Section 56.012 - Name Of Each District
The name of each district shall include the name of the county in which it is located and each district shall be numbered in consecutive ...
- Texas Water Code Section 56.013 - Area Included In A District
A district may include all or part of any village, town, or municipal corporation, but land included in one district may not be included in ...
- Texas Water Code Section 56.014 - Petition
(a) Any person may present a petition to the commissioners court requesting the creation of a district. The petition shall be signed by at least ...
- Texas Water Code Section 56.015 - Deposit
(a) Any person filing a petition shall deposit with the clerk of the commissioners court cash, in an amount to be determined by the county ...
- Texas Water Code Section 56.016 - Time Of Hearing
At the same meeting at which the petition is presented, the commissioners court shall schedule a hearing on the petition at a regular or special ...
- Texas Water Code Section 56.017 - Notice
(a) The commissioners court shall order the clerk to give notice of the time and place of the hearing on the petition by posting a ...
- Texas Water Code Section 56.018 - Hearing On The Petition
At the hearing on the petition, any person whose land would be affected by creating the district may appear before the commissioners court and may ...
- Texas Water Code Section 56.019 - Findings
(a) At the hearing on the petition, if it appears to the commissioners court that drainage of the proposed district is feasible and practicable and ...
- Texas Water Code Section 56.020 - Engineer
(a) If the findings of the commissioners court under Section 56.019 of this code favor creating the district, the commissioners court shall appoint a competent ...
- Texas Water Code Section 56.021 - Engineer's Bond
The engineer shall execute a bond for $500 with two or more sureties approved by the commissioners court, payable to the county judge for the ...
- Texas Water Code Section 56.022 - Survey And Preliminary Plans
(a) Within the time prescribed by the commissioners court, the engineer shall make a careful survey of the land proposed to be drained and protected ...
- Texas Water Code Section 56.023 - Map
(a) The engineer shall include with his report a map showing: (1) the beginning point and outlets of canals, drains, ditches, and laterals; (2) the ...
- Texas Water Code Section 56.024 - Hearing On Preliminary Report
(a) At the first regular or special meeting of the commissioners court after the engineer files his preliminary report with the clerk, the commissioners court ...
- Texas Water Code Section 56.025 - Changing The Preliminary Report
(a) The commissioners court may change the location of any improvement shown in the preliminary report or may add to or reduce the number of ...
- Texas Water Code Section 56.026 - Adopting The Preliminary Report
If there are no objections to the preliminary report or if the commissioners court finds that objections to the report are not valid, the report ...
- Texas Water Code Section 56.032 - Authorizing Existing Districts To Operate Under Article Xvi, Section 59, Of The Texas Constitution
(a) Any existing district may be authorized to operate under the provisions of Article XVI, Section 59, of the Texas Constitution without change of name ...
- Texas Water Code Section 56.033 - Alternate Procedure For Creation
(a) The landowners of a defined area of territory not included in a district may file with the commissioners court a petition requesting an election ...
- Texas Water Code Section 56.061 - Creation Of Board
(a) A district is governed by a board of three directors unless special law provides otherwise. (b) When a district is established, the commissioners court ...
- Texas Water Code Section 56.062 - Eligibility Requirements For Directors
To be eligible to serve as a director, a person must satisfy the requirements of Section 141.001(a), Election Code. Added by Acts 2001, 77th Leg., ...
- Texas Water Code Section 56.064 - Election Of Directors
(a) For any district in which special law requires that directors be appointed, except when the special law otherwise provides, on petition of a majority ...
- Texas Water Code Section 56.0641 - Election Procedures
(a) In those districts referred to in Subsection (b) of Section 56.064, until otherwise ordered by the board of directors, the three persons receiving the ...
- Texas Water Code Section 56.0642 - Applicability To Special Law Districts
Subsection (b) of Section 56.064 and Section 56.0641 of this code apply to drainage districts created or governed by special law where the special law ...
- Texas Water Code Section 56.069 - Transfer Of Board's Power To Commissioners Court
(a) The functions, powers, rights, and duties exercised by or relating to the board of any district may be transferred to the commissioners court of ...
- Texas Water Code Section 56.082 - Hearing; Powers Of The Commissioners Court
(a) Except as otherwise provided in this chapter, the commissioners court has exclusive jurisdiction to hear and determine: (1) contests and objections to creating a ...
- Texas Water Code Section 56.111 - Control And Repair Of District Improvements
The board may control and supervise the construction and maintenance of canals, drains, ditches and levees, and other improvements of the district and shall keep ...
- Texas Water Code Section 56.115 - Duties Of The Engineer
(a) The engineer shall make a map of the district showing: (1) the boundary lines of the district; (2) the original surveys within the boundaries ...
- Texas Water Code Section 56.116 - Maps And Estimates
(a) The map and profile shall include the relation that each canal, drain, ditch, or levee bears to each tract of land through which it ...
- Texas Water Code Section 56.120 - Railroad Culverts
(a) At the expense of the district, the board may construct necessary bridges and culverts across or under a track or right-of-way of a railroad ...
- Texas Water Code Section 56.121 - Road Culverts
The board shall build necessary bridges and culverts across or over canals, drains, ditches, laterals, and levees which cross a county or public road and ...
- Texas Water Code Section 56.122 - Constructing Bridges And Culverts In Certain Counties
(a) If it is necessary to build a bridge or culvert across or over a state highway located in a county having a population of ...
- Texas Water Code Section 56.123 - Change In Plans Without Additional Expenditures
(a) After the board authorizes bonds to be issued, the board may make changes in the district or its improvements which will be an advantage ...
- Texas Water Code Section 56.124 - Change In Plans With Additional Expenditures
(a) If the board decides that changes or additions in the preliminary survey would be of advantage to the district but would necessitate issuing additional ...
- Texas Water Code Section 56.125 - Additional Improvements
(a) After completion of improvements, including bridges and culverts, and after payment of all expenses, if surplus money or bonds remain to the credit of ...
- Texas Water Code Section 56.126 - Changes, Additions, And Improvements
When the board determines that a necessity exists, it may make changes in, additions to, and improvements in the drainage system of the district and ...
- Texas Water Code Section 56.128 - Injuring Drainage Canal Or Ditch
Any person who wilfully fills up, cuts, injures, destroys, or impairs the usefulness of any canal, drain, ditch, watercourse, or other work constructed, repaired, or ...
- Texas Water Code Section 56.135 - Interest In Drainage Contract
A county judge, county commissioner, director of the board, or drainage engineer who becomes interested in any contract for construction of any work by the ...
- Texas Water Code Section 56.140 - Public And Private Improvements
(a) Canals, drains, ditches, and levees which are constructed by a district and watercourses which are cleaned or constructed by a district are the public ...
- Texas Water Code Section 56.141 - Outside Drains
(a) Before a person artificially drains adjacent land located outside the district into the canals, drains, or ditches of the district, the person must submit ...
- Texas Water Code Section 56.142 - Enlargement Of Canals, Drains, And Other Outlets
(a) If the engineer's report indicates that the capacity of the canals, drains, or outlets of the district are insufficient to carry the excess water ...
- Texas Water Code Section 56.143 - Contract For Improvements With The United States
(a) Any district which is converted under Section 56.032 of this code and which lies wholly within one county may enter into contracts with the ...
- Texas Water Code Section 56.144 - Interlocal Agreements
A district created pursuant to this chapter, special law or other general law may enter into an interlocal agreement with another political subdivision to accomplish ...
- Texas Water Code Section 56.182 - District Funds
(a) The construction and maintenance fund consists of money, effects, property, and proceeds received by the district from any source except that portion of tax ...
- Texas Water Code Section 56.201 - Authority To Issue Bonds
Any district may issue bonds as provided in this chapter to pay for drainage improvements. Acts 1971, 62nd Leg., p. 515, ch. 58, § 1, ...
- Texas Water Code Section 56.202 - Issuance Of Bonds
When maps, profiles, and estimates are filed, the board shall issue an order directing the issuance of bonds sufficient to pay for proposed improvements together ...
- Texas Water Code Section 56.203 - Record Book For Bonds
(a) Before any bonds are issued, the board shall provide a well-bound book in which the board shall keep a record of: (1) all bonds ...
- Texas Water Code Section 56.204 - Bonds: Requisites
(a) Bonds shall be issued in the name of the district, signed by the board president, and attested by the board secretary, and each bond ...
- Texas Water Code Section 56.205 - Bonds: Approval
(a) After the bonds are sold, the district shall submit to the attorney general: (1) the actual bonds; (2) a certified copy of the board's ...
- Texas Water Code Section 56.207 - Bonds: Sale
(a) The board shall advertise and sell the bonds on the best terms and for the best price possible. (b) The board shall deposit all ...
- Texas Water Code Section 56.209 - Use Of Unsold Bonds For Maintenance Purposes
If any bonds remain unsold which are not required to complete improvements, the board may enter its consent on the public record to sell the ...
- Texas Water Code Section 56.210 - Refunding Bonds
(a) A district may refund outstanding bonds by issuing new bonds as provided by Chapter 1207, Government Code. (b) The district shall issue the bonds ...
- Texas Water Code Section 56.211 - Refunding Bond Election
(a) If indebtedness to be refunded includes obligations other than voted bonds, in any district operating under Article III, Section 52, or Article XVI, Section ...
- Texas Water Code Section 56.212 - Approval And Issuance Of Refunding Bonds
(a) If the board declares the result of the election under Section 56.211 of this code to favor the issuance of refunding bonds and the ...
- Texas Water Code Section 56.213 - Tax Anticipation Notes; Bond Anticipation Notes
(a) A district may borrow money by issuing negotiable tax anticipation notes or bond anticipation notes if the board finds that the district has an ...
- Texas Water Code Section 56.241 - Levy Of Taxes To Pay For Bonds
After bonds are authorized at an election, the board shall have taxes annually assessed and collected on all property in the district sufficient to pay ...
- Texas Water Code Section 56.242 - Maintenance Tax
(a) The board shall have a tax assessed and collected on district property sufficient to maintain, repair, and preserve district improvements and to pay legal ...
- Texas Water Code Section 56.247 - Levying Taxes On The Benefit Basis
A district operating under Article XVI, Section 59, of the Texas Constitution, may levy taxes on the benefit basis, which means the levy of a ...
- Texas Water Code Section 56.248 - Authorizing Taxation On The Benefit Basis For Newly Created Districts
(a) In a petition to create a district under Article XVI, Section 59, of the Texas Constitution, the petitioner may request that taxes in the ...
- Texas Water Code Section 56.249 - Authorizing Taxation On The Benefit Basis For Existing District
(a) A district may levy taxes on the benefit basis as provided in this section. (b) Any person may present to the board a petition, ...
- Texas Water Code Section 56.250 - Law Governing Districts Levying Taxes On The Benefit Basis
A district that levies taxes on the benefit basis is governed by the provisions of this chapter. However, the rate of taxation and the assessment ...
- Texas Water Code Section 56.251 - Determining Acreage In The District
(a) In districts levying taxes on the benefit basis, the board shall appoint three freehold taxpaying voters in the district as a committee to determine ...
- Texas Water Code Section 56.291 - Authority To Dissolve A District
Subject to the provisions of Sections 50.251-50.256 of this code, a district created under this chapter may be dissolved as provided in this subchapter. Acts ...
- Texas Water Code Section 56.292 - Petition
At a regular meeting of the board, any resident freehold taxpayer of the district may present a petition signed by at least five percent of ...
- Texas Water Code Section 56.293 - Deposit
(a) Any person filing a petition shall deposit with the board an amount sufficient to pay the cost of conducting an election within the district ...
- Texas Water Code Section 56.294 - Election
(a) Notice of the election to dissolve the district shall be posted and the election shall be held as provided by this chapter for elections ...
- Texas Water Code Section 56.295 - Result Of The Election
(a) The returns of the election shall be made and the votes canvassed as provided in this chapter. (b) If the proposition carries, the board ...
- Texas Water Code Section 56.296 - Settlement Of Debts
(a) When the district is dissolved, the commissioners court shall provide for settlement of debts of the district, including costs and expenses of holding the ...
- Texas Water Code Section 56.297 - Dissolution Tax
(a) The commissioners court shall determine the amount of debt owed by the district and shall apportion the amount of the debt among the property ...
- Texas Water Code Section 56.299 - Retirement Of Bonds
If there are outstanding bonds at the time the district is dissolved, the commissioners court may immediately enter into negotiations with the bondholders to retire ...
- Texas Water Code Section 56.300 - Trustee
On filing and approval of a bond, the county treasurer becomes the trustee for the dissolved district. Acts 1971, 62nd Leg., p. 525, ch. 58, ...
- Texas Water Code Section 56.301 - Trustee's Bond
The county treasurer shall execute a good and sufficient bond in a sum to be determined by the commissioners court, payable to and approved by ...
- Texas Water Code Section 56.302 - Trustee's Compensation
(a) The trustee is entitled to receive for his services one percent of all money received by him for the dissolved district and one percent ...
- Texas Water Code Section 56.303 - Powers Of The Trustee
(a) The commissioners court shall provide for disposition and sale of district property, and after giving the required bond, the trustee shall assume control from ...
- Texas Water Code Section 56.304 - Expenses Of The Trustee
(a) The trustee shall charge against the trust estate all reasonable expenses incurred by him in caring for, conducting, and controlling the business of the ...
- Texas Water Code Section 56.305 - Presentation Of Claims
(a) Within the six-month period immediately following approval of the trustee's bond, any person who has a claim against the district shall present the claim ...
- Texas Water Code Section 56.306 - Approval Of Claim
(a) At a regular meeting, the commissioners court shall determine the validity of the claim, and if the commissioners court finds that the claim is ...
- Texas Water Code Section 56.307 - Appeal
If any claimant is not satisfied with the judgment of the commissioners court, he may appeal the judgment in the manner that cases are appealed ...
- Texas Water Code Section 56.308 - Rejection Of Claim
(a) If the trustee finds any claim unjust either in whole or in part, he shall endorse on the claim his refusal to allow it. ...
- Texas Water Code Section 56.309 - Bonds And Approved Claims
Bonds and approved claims which were outstanding debts of the district before its dissolution are valid and subsisting claims against the district without further approval ...
- Texas Water Code Section 56.310 - Contesting Claim
(a) If any district taxpayer files with the trustee a protest against any claim which was allowed by the former drainage commissioners before the district ...
- Texas Water Code Section 56.311 - Final Report Of Trustee
(a) When all claims against the district are paid and all costs and expenses incurred in controlling and managing the district are satisfied, the trustee ...
- Texas Water Code Section 56.751 - Petition For Annexation
The landowners of a defined area of territory not included in a district may file with the secretary of the board a petition requesting an ...
- Texas Water Code Section 56.752 - Hearing On Determination Of Petition
(a) The board shall hear the petition to determine if the petition meets the requirements of Section 56.751. (b) The board by order shall set ...
- Texas Water Code Section 56.753 - Notice Of Hearing
(a) The secretary of the board shall issue notice of the time and place of the hearing. The notice must describe the territory proposed to ...
- Texas Water Code Section 56.754 - Elections To Approve Annexation Of Territory
(a) If the board determines the petition meets the requirements of Section 56.751, the board shall order elections to approve the annexation. (b) Annexation of ...
- Texas Water Code Section 56.755 - Notice And Procedure Of Election
The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters ...
- Texas Water Code Section 56.756 - Liability Of Added Territory
The added territory shall bear its pro rata part of all indebtedness or taxes that may be owed, contracted, or authorized by the district to ...
- Texas Water Code Section 56.801 - Consolidation Of Districts
Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter. Amended by Acts 1999, 76th Leg., ch. ...
- Texas Water Code Section 56.802 - Consolidation By Agreement
(a) The boards of the districts proposed to be consolidated may initiate consolidation. (b) The board of each district proposed to be consolidated must agree ...
- Texas Water Code Section 56.803 - Consolidation By Petition
(a) Consolidation may be initiated by a petition requesting that the districts be consolidated. (b) The petition must be signed by a number of qualified ...
- Texas Water Code Section 56.804 - Time Of Holding Election; Cost Of Election
(a) The election shall be held on a uniform election day in May. (b) The election date selected must provide sufficient time for the preparation ...
- Texas Water Code Section 56.805 - Ballot
The ballot in the election shall be printed to permit voting for or against the proposition: "Consolidation of __________ (names of districts to be consolidated) ...
- Texas Water Code Section 56.806 - Canvass; Result
(a) The board of each district proposed to be consolidated shall canvass the returns of the election held in that district. The board of each ...
- Texas Water Code Section 56.807 - Governing Consolidated Districts; Election Of Directors
(a) When two or more districts are consolidated, they become one district and are governed as one district. (b) Until the directors of the consolidated ...
- Texas Water Code Section 56.808 - Title To Property; Assumption Of Debt
(a) Title to all property of the consolidating districts vests in the consolidated district. The consolidated district assumes and is liable for the outstanding indebtedness ...
- Texas Water Code Section 56.809 - Unexpended Bond Proceeds
Any money received from the sale of bonds by a consolidating district that has not been spent before the date of consolidation may be spent ...
- Texas Water Code Section 56.810 - Fiscal Year; Budget
(a) A consolidated district shall adopt a fiscal year. The fiscal year may be provided for in the consolidation agreement or adopted by the board ...
- Texas Water Code Section 57.001 - Definitions
In this chapter: (1) "District" means levee improvement district. (2) "Board" means the board of directors of a levee improvement district. (3) "Water commission" means ...
- Texas Water Code Section 57.011 - Creation
A levee improvement district may be created in the manner prescribed by this chapter under Article XVI, Section 59, of the Texas Constitution. Acts 1971, ...
- Texas Water Code Section 57.012 - Petition
(a) Before a district is created, a petition must be presented to the commissioners court or to the county judge of the county if the ...
- Texas Water Code Section 57.013 - Deposit
(a) A petition for creation of a district shall be accompanied by a deposit of $50, and if the district is to be composed of ...
- Texas Water Code Section 57.014 - Hearing On Petition
The commissioners court or the county judge to which the petition is presented shall fix a time and place for the hearing on the petition ...
- Texas Water Code Section 57.015 - Notice Of Hearing
(a) The commissioners court shall order the county clerk to issue notice informing all persons concerned of the time and place of the hearing, and ...
- Texas Water Code Section 57.016 - Investigation By Executive Director
(a) When the executive director receives the notice provided for in Section 57.015(d), he shall examine the proposed district, and do the work required to ...
- Texas Water Code Section 57.017 - Hearing Procedure
(a) The commissioners court has exclusive jurisdiction to determine all issues with respect to the creation of the district and all issues involved in proceedings ...
- Texas Water Code Section 57.018 - Conduct Of Hearing
At the hearing, the commissioners court shall hear the petition and all issues with respect to the creation of the proposed district. Any person interested, ...
- Texas Water Code Section 57.019 - Findings And Judgment
(a) Before the commissioners court determines that the district should be created, it must find: (1) that the petition is signed by the owners of ...
- Texas Water Code Section 57.020 - Appeal Of Dismissal Of Petition
If at the hearing on the petition the commissioners court enters an order dismissing the petition, the petitioners or any one of them or any ...
- Texas Water Code Section 57.021 - Notice Of Appeal
(a) Notice of the appeal shall be given by announcement at the time the order of the commissioners court is recorded or by written notice ...
- Texas Water Code Section 57.022 - Appeal Bond
Within five days from the date the order is recorded, the appellant must file an appeal bond with two or more good and sufficient sureties, ...
- Texas Water Code Section 57.023 - Time For Appeal
Unless the appeal is perfected according to Sections 57.021-57.022 of this code within five days after the order is rendered, the order shall be final ...
- Texas Water Code Section 57.024 - Transfer Of Records And Orders
Within five days after the appeal bond is filed, the county clerk must transfer to the clerk of the district court all the records filed ...
- Texas Water Code Section 57.025 - Trial Of Appeal And Judgment
(a) The district court shall set the appeal for a hearing. The appeal shall be tried de novo. (b) The judgment of the district court ...
- Texas Water Code Section 57.026 - Authorizing Districts To Operate Under This Chapter
(a) Districts that are organized under the laws of this state for the purpose of reclaiming lands through a system of levees and drainage and ...
- Texas Water Code Section 57.051 - Appointment Of Board Of Directors
The commissioners court which creates a levee improvement district under this chapter, by majority vote, shall appoint three directors for the district. Acts 1971, 62nd ...
- Texas Water Code Section 57.053 - Term Of Office, Removal, And Succession
(a) A vacancy on the board shall be filled by majority vote of the commissioners court, and the court shall appoint directors so that the ...
- Texas Water Code Section 57.057 - Election Of Board Of Directors
After creation of a district, an election may be held to determine whether or not directors for the district will be elected rather than appointed. ...
- Texas Water Code Section 57.058 - Number Of Elected Directors
In districts which have elected boards, there shall be five directors on the board. In countywide districts, one director shall be elected by the electors ...
- Texas Water Code Section 57.059 - Qualifications For Elected Directors
To be qualified for election as a director, a person must be a qualified property taxpaying elector of the precinct and county from which he ...
- Texas Water Code Section 57.060 - Petition
Before an election is held under Section 57.057, a petition, signed by at least 100 electors in the district who are qualified to vote, shall ...
- Texas Water Code Section 57.061 - Procedure For Election
After the petition is presented under Section 57.060, the board shall order an election. Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. ...
- Texas Water Code Section 57.091 - Purposes Of District
A district may be created for the following purposes: (1) to construct and maintain levees and other improvements on, along, and contiguous to rivers, creeks, ...
- Texas Water Code Section 57.092 - General Powers Of District
(a) The district may enter into all necessary and proper contracts and employ all persons and means necessary to purchase, acquire, build, construct, complete, carry ...
- Texas Water Code Section 57.093 - Adopting Rules And Regulations
A district may adopt and enforce reasonable rules and regulations to: (1) preserve the sanitary condition of all water controlled by the district; (2) prevent ...
- Texas Water Code Section 57.100 - Construction Of Levees
(a) The district may construct the necessary levees, bridges, and other improvements across or under (1) railroad embankments, tracks, or rights-of-way; (2) public or private ...
- Texas Water Code Section 57.101 - Construction Of Levees By Railroad Companies And Other Authorities
(a) Before the district may construct a levee, bridge, or other improvement across or under any railroad improvement or right-of-way, any road, or any improvement ...
- Texas Water Code Section 57.103 - Injuring Levees
A person who wrongfully or purposely cuts, injures, destroys, or in any manner impairs the usefulness of a levee or other reclamation improvement, is guilty ...
- Texas Water Code Section 57.104 - Construction Of Improvements
The district may construct all improvements necessary or convenient to accomplish the purposes of the district. Acts 1971, 62nd Leg., p. 110, ch. 58, § ...
- Texas Water Code Section 57.108 - Conditions Of Contract
(a) Repealed by Acts 2003, 78th Leg., ch. 248, § 57. (b) Contracts may be awarded or entered in sections for the purpose of the ...
- Texas Water Code Section 57.111 - Conditioning Contract On Sale Of Bonds
After the approval and registration of bonds by the proper state officials as provided in this chapter, the board may award contracts conditioned on the ...
- Texas Water Code Section 57.116 - Engineer's Construction Report
(a) As work progresses on the district's improvements, the engineer shall make a report to the board, showing in detail whether or not the contract ...
- Texas Water Code Section 57.117 - Inspection And Report By Executive Director
(a) The executive director shall inspect the construction of a levee or other improvement once every 60 days after the construction work has commenced, and ...
- Texas Water Code Section 57.118 - Compliance With Contract
After the board receives a report that the contractor has failed to comply with the contract, it shall demand that the contractor comply with the ...
- Texas Water Code Section 57.121 - Interpretation Of District Powers
Except as expressly provided, specific powers authorized by this chapter may not operate as a limitation on the general powers authorized by this chapter. Acts ...
- Texas Water Code Section 57.151 - Authority Of Engineer
The engineer, subject to the authority of the commission, shall control the engineering work of the district. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 57.154 - Survey And Report
(a) The engineer shall make a survey of the land inside the boundaries of the district, and land surrounding the district, that will be improved ...
- Texas Water Code Section 57.155 - Contents Of Report
(a) The engineer's report shall contain a complete plan for draining land, constructing levees on land, and reclaiming land of the district from overflow or ...
- Texas Water Code Section 57.177 - Financing The District Without Bonds
(a) If the district wants to carry out its purposes without issuing bonds, the board may arrange for contributions from landowners or other sources to ...
- Texas Water Code Section 57.201 - Power To Issue Bonds
The district may issue bonds, but it may not issue bonds nor incur any debt unless an election is held in the district and the ...
- Texas Water Code Section 57.207 - Declaring Result Of Election
The board shall enter an order declaring the election result in its minutes. Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. ...
- Texas Water Code Section 57.208 - Issuance Of Bonds
(a) If the issuance of bonds and the levy of taxes to pay for the bonds are approved by the electors of the district, the ...
- Texas Water Code Section 57.212 - Bond Record
(a) After the bonds are issued, the board shall deliver a well-bound book to the county treasurer of the county of jurisdiction, who shall keep ...
- Texas Water Code Section 57.213 - Refunding Bonds
(a) With the consent of the bondholders, a district may refund outstanding bonds by issuing new coupon bonds in their place. (b) Interest is shown ...
- Texas Water Code Section 57.2131 - Alternative Methods Of Issuing Refunding Bonds
(a) A district may issue refunding bonds as provided for in this section, notwithstanding Section 57.213 of this code. (b) A district may issue bonds ...
- Texas Water Code Section 57.214 - Issuance Of Refunding Bonds Without An Election
A district which is converted under Article XVI, Section 59, of the Texas Constitution, may issue refunding bonds without the approval of the electors under ...
- Texas Water Code Section 57.215 - Investment Of Sinking Fund
The board or commissioners court of jurisdiction may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds ...
- Texas Water Code Section 57.216 - Providing For Additional Funds
(a) If the improvements in the engineer's report are insufficient to reclaim all of the land and other property inside the district, extensive repairs or ...
- Texas Water Code Section 57.217 - Eligibility Of District Bonds For Investments And Public Funds
A district's bonds, when certified and approved by the attorney general and registered by the comptroller as herein provided, shall be legal and authorized investments ...
- Texas Water Code Section 57.251 - Levy Of Taxes On The Ad Valorem Basis
(a) If a district levies taxes on the ad valorem basis, it shall levy and have assessed and collected taxes on all taxable property in ...
- Texas Water Code Section 57.258 - Assessment And Collection Of Taxes For Districts With Land In More Than One County
(a) A district providing for the levy of taxes on the ad valorem basis which includes land located in more than one county has all ...
- Texas Water Code Section 57.259 - Assessment Of Damages
(a) In a district which levies taxes on the ad valorem basis, the commissioners of appraisement shall be appointed and shall act in the manner ...
- Texas Water Code Section 57.260 - Levy Of Taxes On Benefit Basis
(a) If a district levies taxes on the benefit basis, the commissioners court of each county in which any portion of that district is located ...
- Texas Water Code Section 57.261 - Appointment Of Commissioners Of Appraisement
The commissioners court of the county of jurisdiction in a district levying taxes on the benefit basis shall appoint three disinterested commissioners, known as "commissioners ...
- Texas Water Code Section 57.262 - Qualifications For Commissioners Of Appraisement
The commissioners of appraisement shall be freeholders, but not owners of land within the district for which they are to act, and shall not be ...
- Texas Water Code Section 57.263 - Compensation Of Commissioners Of Appraisement
(a) The commissioners of appraisement in their report shall show the number of days each has been employed and the actual expenses each has incurred ...
- Texas Water Code Section 57.264 - Organization Of Commissioners Of Appraisement
(a) The secretary of the board shall notify each of the commissioners of appraisement in writing of his appointment and of the time and place ...
- Texas Water Code Section 57.265 - Duties Of Commissioners Of Appraisement
(a) The commissioners of appraisement shall begin to perform their duties within 30 days after qualifying and organizing. (b) The commissioners of appraisement may at ...
- Texas Water Code Section 57.266 - Report Of Commissioners Of Appraisement
(a) The commissioners of appraisement shall prepare a report of their findings. The report shall include: (1) the name of the owner of each piece ...
- Texas Water Code Section 57.267 - Notice Of Hearing
(a) After the commissioners of appraisement file their report with the secretary of the board, the secretary shall publish notice of the time and place ...
- Texas Water Code Section 57.268 - Rights Of Parties
Parties interested in matters before the commissioners of appraisement may appear in person or by attorney, or both, and are entitled to process for witnesses, ...
- Texas Water Code Section 57.269 - Hearing; Judgment
(a) An owner of land or other property affected by the report of the commissioners of appraisement or by the engineer's report may file an ...
- Texas Water Code Section 57.270 - Appeal Of Decree Of The Commissioners Of Appraisement
(a) A person or the board may appeal from the decree of the commissioners of appraisement assessing or refusing to assess damages or fixing the ...
- Texas Water Code Section 57.271 - Basis Of Taxation
(a) After the action of the commissioners of appraisement, as provided in Sections 57.261-57.270 of this code, their final findings, judgment and decree assessing benefits, ...
- Texas Water Code Section 57.272 - Tax Assessor For Districts Levying Taxes On Benefit Basis
(a) The secretary of the board shall serve as tax assessor for a district levying taxes on the benefit basis. (b) When a tax is ...
- Texas Water Code Section 57.273 - Readjusting Assessments
(a) After one year from the date of the final judgment and decree of the commissioners of appraisement the owners of a majority of the ...
- Texas Water Code Section 57.274 - Hearing On Petition For Reassessment
(a) At the hearing on readjustment of assessments, the commissioners court shall hear the petition and receive evidence for or against the petition. (b) The ...
- Texas Water Code Section 57.275 - Tax Collection On Reassessment
(a) The judgment and decree of the commissioners of appraisement reassessing benefits in the district are the basis of the assessment of taxes in the ...
- Texas Water Code Section 57.279 - Collection Of Delinquent Taxes
(a) Taxes levied on the benefit basis under this chapter are a first and prior lien on all property against which they are assessed and ...
- Texas Water Code Section 57.321 - Dissolution Of A District
Subject to the provisions of Sections 50.251-50.256 of this Code, if the commissioners court finds at any time before the sale of a district's bonds ...
- Texas Water Code Section 57.322 - Requirements For Dissolving A District
(a) To dissolve a district, a petition signed by the owners of a majority of the acreage in the district requesting the commissioners court to ...
- Texas Water Code Section 57.323 - Return Of Taxes On Dissolution
(a) If a district is dissolved, the commissioners court shall order returned to the taxpayers ratably any unspent taxes that have been levied and collected ...
- Texas Water Code Section 57.324 - Dissolving A District By Election
A district may dissolve its corporate existence by election. Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971. ...
- Texas Water Code Section 57.325 - Petition
To dissolve a district by election, a person shall present a petition, signed by the owners of a majority of the acreage in the district, ...
- Texas Water Code Section 57.326 - Election Order
(a) After it receives a petition under Section 57.325 of this code, the commissioners court shall order an election to be held in the district ...
- Texas Water Code Section 57.327 - Election Procedure, Time, And Place For Holding Election
The provisions of Sections 57.203-57.207 of this code apply, so far as possible, to a dissolution election. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 57.328 - Ballot
The commissioners court shall have the ballots printed to provide for voting for or against the following proposition and no other: "Dissolving the levee improvement ...
- Texas Water Code Section 57.329 - Vote Necessary To Carry Proposition
More than two-thirds of the persons voting in the election must vote to dissolve the district to carry the proposition. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 57.330 - Commissioners Court Order Dissolving District
(a) If the proposition to dissolve the district carries, the commissioners court shall make an order substantially as follows: "(Name of petitioner) and (number of ...
- Texas Water Code Section 57.331 - Dissolution Trustees
The commissioners court shall appoint as trustees, three landowners of the district, and the three appointed landowners assume the duties of trustees at the time ...
- Texas Water Code Section 57.332 - Trustees' Bond
(a) When the commissioners court issues the dissolution order under Section 57.330 of this code, the trustees shall execute jointly a good and sufficient bond ...
- Texas Water Code Section 57.333 - Trustees' Compensation
(a) The trustees are entitled to receive for their services as trustees a one-half of one percent commission on all money they receive for the ...
- Texas Water Code Section 57.334 - Appointment Of Trustee To Fill Vacancy
In case of death or resignation of a trustee, the commissioners court shall appoint a successor to fill the vacancy. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 57.335 - General Duties Of Trustees
(a) The trustees have control of the disposition and sale of all district property. (b) The trustees have control of all the property of the ...
- Texas Water Code Section 57.336 - Trustees' Expense
(a) The trustees shall make a charge against the trust estate for each reasonable expense incurred by them in conducting the business of the district ...
- Texas Water Code Section 57.337 - Claims That Were Approved Before District Was Dissolved
The trustees shall pay all unpaid bonds and claims outstanding against the district before the commissioners court issues the dissolution order except those which are ...
- Texas Water Code Section 57.338 - Protesting Payment Of Claims Approved Before District Was Dissolved
(a) If a person who pays taxes in the district protests the payment of a claim filed under Section 57.337 of this code, the trustees ...
- Texas Water Code Section 57.339 - Claims Not Approved Before District Was Dissolved
(a) A person who has a claim or judgment against the district which was not approved by the commissioners before the district was dissolved may ...
- Texas Water Code Section 57.340 - Claims, Payment Orders, And Appeals
(a) The commissioners court, in a regular session, shall pass on claims. The commissioners court shall approve each claim it finds to be correct and ...
- Texas Water Code Section 57.341 - Claims Judgments
(a) If a person making a claim sues the trustees for the amount of the claim and wins a judgment against the trustees, the person ...
- Texas Water Code Section 57.342 - Claims To Be Paid
The trustees shall pay from money left in the district's treasury on dissolution claims filed with them under Sections 57.336, 57.337, and 57.339 of this ...
- Texas Water Code Section 57.343 - Disposition Of Debts After Election
(a) If the district is dissolved, the commissioners court shall provide for the settlement of the debts of the district, including the costs and expenses ...
- Texas Water Code Section 57.344 - Accelerated Retirement Of Bonds
(a) If there are any district bonds outstanding at the time the commissioners court issues the dissolution order, the commissioners court shall immediately begin negotiations ...
- Texas Water Code Section 57.346 - Final Trustee Report
(a) After the trustees pay all valid claims established against the district and satisfy the cost and expenses of controlling and managing the district, they ...
- Texas Water Code Section 58.001 - Definitions
In this chapter: (1) "District" means an irrigation district. (2) "Board" means the board of directors of a district. (3) "Director" means a member of ...
- Texas Water Code Section 58.011 - Creation Of District
An irrigation district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the Texas Constitution, ...
- Texas Water Code Section 58.012 - Composition Of District
(a) A district may include all or part of one or more counties, including any town, village, or municipal corporation, and may include any other ...
- Texas Water Code Section 58.013 - Petition
(a) A petition requesting creation of a district shall be signed by a majority of the persons who hold title to land in the proposed ...
- Texas Water Code Section 58.014 - Contents Of Petition
The petition shall include: (1) the name of the district; (2) the area and boundaries of the district; (3) the provision of the Texas Constitution ...
- Texas Water Code Section 58.015 - Place Of Filing; Recording
(a) The petition shall be filed in the office of the county clerk of the county in which the district is located. If land in ...
- Texas Water Code Section 58.016 - Board Or Commission To Consider Creation Of District
If the land to be included in a district is within one county, the creation of the district shall be considered and ordered by the ...
- Texas Water Code Section 58.017 - Single-County District; Hearing
(a) If a petition is filed for the creation of a district within one county, the county judge shall issue an order setting the date ...
- Texas Water Code Section 58.018 - Single-County District; Notice Of Hearing
(a) The notice of hearing on the petition shall include a statement of the nature and purpose of the district and the date, time, and ...
- Texas Water Code Section 58.019 - Single-County District; Name
(a) A district located in one county may be named the ________ County Irrigation District Number ________ (insert the name of the county and proper ...
- Texas Water Code Section 58.020 - Single-County District; Testimony At Hearing
(a) At the hearing on the petition, any person whose land is included in or would be affected by the creation of the district may ...
- Texas Water Code Section 58.021 - Single-County District; Granting Or Refusing Petition
(a) The commissioners court or the commission shall grant the petition requesting the creation of a district if it appears at the hearing that: (1) ...
- Texas Water Code Section 58.022 - Single-County District; Appeal From Order Of Commissioners Court
(a) If the commissioners court grants or refuses to grant the petition, any person who signed the petition or any person who appears and protests ...
- Texas Water Code Section 58.023 - Single-County District: Record On Appeal; Notice Of Appeal
(a) On completion of an appeal as provided in Section 58.022 of this code, the clerk of the commissioners court shall, within 10 days, prepare ...
- Texas Water Code Section 58.024 - Single-County District: Hearing In District Court; Procedure
(a) The district court, either in term time or in vacation time, shall schedule the appeal for hearing with all reasonable dispatch. (b) In the ...
- Texas Water Code Section 58.025 - Single-County District: Judgment Of District Court; Appeal
(a) In the appeal, the district court shall apply to the determination its full powers to the end that substantial justice may be done. (b) ...
- Texas Water Code Section 58.026 - Single-County District: Appointment Of Directors; Bond
(a) If the commissioners court grants a petition for creation of a district, it shall appoint five directors who shall serve until their successors are ...
- Texas Water Code Section 58.027 - Multicounty District: Consideration By Commission
(a) The commission shall have exclusive jurisdiction and power to consider and determine all petitions for creation of a district that will include land or ...
- Texas Water Code Section 58.028 - Multicounty District: Notice And Hearing On District Creation
When a petition is filed, the commission shall give notice of an application in the manner provided in Section 49.011 and may conduct a hearing ...
- Texas Water Code Section 58.030 - Multicounty District: Consideration By Commission; Procedure
(a) The commission shall consider and determine on the issues a petition filed under Section 58.028. (b) The commission shall be governed by the provisions ...
- Texas Water Code Section 58.031 - Multicounty District: Appeal From Commission Decision
(a) When the commission grants or refuses a petition, any person who comes within the requirements specified in Sections 58.020-58.025 of this code may prosecute ...
- Texas Water Code Section 58.032 - Multicounty District: Appointment Of Directors By Commission; Bond
(a) If the commission grants the petition for creation of the district, it shall appoint five directors, who shall serve until their successors are elected ...
- Texas Water Code Section 58.035 - Inclusion Of City, Town, Or Municipal Corporation In District
(a) No city, town, or municipal corporation may be included within any district created under this chapter unless the proposition for the creation of the ...
- Texas Water Code Section 58.036 - Confirmation Election In District Including Land In More Than One County
No district, the major portion of which is located in one county, may be organized to include land in another county unless the election held ...
- Texas Water Code Section 58.037 - Exclusion Of Parts Of District; Dissolution
(a) If any portion of a district governed by Sections 58.035 and 58.036 of this code votes against the creation of the district and the ...
- Texas Water Code Section 58.038 - Conversion Of Certain Districts Into Districts Operating Under This Chapter
(a) Any water improvement district or water control and improvement district which furnishes water for irrigation and does not furnish treated water or sewer services ...
- Texas Water Code Section 58.039 - Conversion Of District; Notice
(a) Notice of the adoption of a resolution under Section 58.038 of this code shall be given by publishing the resolution in a newspaper with ...
- Texas Water Code Section 58.040 - Conversion Of District; Findings
(a) If, on a hearing, the governing body of the district finds that conversion of the district into one operating under this chapter would serve ...
- Texas Water Code Section 58.041 - Effect Of Conversion
A district that converts into a district operating under this chapter shall: (1) be constituted an irrigation district operating under and governed by this chapter; ...
- Texas Water Code Section 58.042 - Reservation Of Certain Powers For Converted Districts
(a) Any water improvement district or water control and improvement district, after conversion under Section 58.038 of this code, may continue to exercise all necessary ...
- Texas Water Code Section 58.071 - Board Of Directors
The governing body of a district is the board of directors, which shall consist of five directors. Added by Acts 1977, 65th Leg., p. 1537, ...
- Texas Water Code Section 58.072 - Qualifications
To be qualified for election as a director, a person must be a resident of the state, be the owner of record of fee simple ...
- Texas Water Code Section 58.0731 - Election Of Directors From Precincts
A district that elected one director from each of five precincts before it converted to a district operating under this chapter shall continue to elect ...
- Texas Water Code Section 58.084 - District Tax Assessor And Collector
The board may appoint one person to the office of tax assessor and collector, or it may order an election to fill that office. Added ...
- Texas Water Code Section 58.089 - Bonds Of Officers Of A District Acting As Fiscal Agent Or Collecting Money For The United States
(a) If a district is appointed fiscal agent for the United States or if a district is authorized to make collections of money for the ...
- Texas Water Code Section 58.121 - Purposes Of District
(a) Irrigation districts operating under this chapter are limited purpose districts established primarily to deliver untreated water for irrigation and to provide for the drainage ...
- Texas Water Code Section 58.122 - Powers Of District
The district has the functions, powers, authority, rights, and duties which will permit the accomplishment of the purposes for which it was created, including the ...
- Texas Water Code Section 58.125 - Construction Of Improvements
A district may construct all works and improvements necessary: (1) for the irrigation of land in the district; (2) for the drainage of land in ...
- Texas Water Code Section 58.126 - Purchase Of Machinery And Supplies
The board may purchase machinery, materials, and supplies needed in the construction, operation, maintenance, and repair of district improvements. Added by Acts 1977, 65th Leg., ...
- Texas Water Code Section 58.127 - Adopting Rules
A district may adopt and make known reasonable rules to: (1) prevent waste or the unauthorized use of water; and (2) regulate residence, hunting, fishing, ...
- Texas Water Code Section 58.128 - Effect Of Rules
After the required publication, rules adopted by the district under Section 58.127 of this code shall be recognized by the courts as if they were ...
- Texas Water Code Section 58.129 - Publication Of Rules
(a) The board shall publish once a week for two consecutive weeks a substantive statement of the rules and the penalty for their violation in ...
- Texas Water Code Section 58.130 - Effective Date Of Rules
The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice. Five days after the ...
- Texas Water Code Section 58.133 - Constructing Bridges And Culverts Across And Over County And Public Roads
The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads. Funds of the ...
- Texas Water Code Section 58.134 - Constructing Culverts And Bridges Across And Under Railroad Tracks, Roadways, And Interurban Or Street Railways
(a) The district, at its own expense, may build necessary bridges and culverts across or under any railroad tracks or roadways of any railroad or ...
- Texas Water Code Section 58.136 - Power To Contract
The district may enter into a contract for the use by another of its water, facilities, or service, either inside or outside the district, except ...
- Texas Water Code Section 58.137 - Investigation And Report Of Engineer
(a) The district engineer shall make a thorough study and investigation of all plans of the district and make and file in the district office ...
- Texas Water Code Section 58.150 - Transactions In District Names Under Joint Ownership And Construction Contract
All bids, bonds, contracts, and other transactions made under a joint ownership and construction contract may be made in the names of the districts which ...
- Texas Water Code Section 58.153 - Contract With The United States
(a) The board may enter into a contract or other obligation with the United States for the investigation, construction, extension, operation, and maintenance of any ...
- Texas Water Code Section 58.154 - Construction Charges Under A Contract With The United States
The construction charges under a contract with the United States may include the cost of drainage and flood-control works necessary to control floods or to ...
- Texas Water Code Section 58.155 - Election To Approve A Contract With The United States
(a) The electors of the district shall vote to approve every contract involving the payment of construction charges to the United States. The provisions of ...
- Texas Water Code Section 58.156 - Conveying Property To The United States
A district may convey any property to the United States necessary for the construction, operation, or maintenance of federal reclamation works used or to be ...
- Texas Water Code Section 58.157 - Consent Of United States To Alter District's Boundaries
Until all money has been paid by the district which is due to the United States under a contract relating to a federal reclamation project, ...
- Texas Water Code Section 58.158 - Taxes Levied By District Under Contract With The United States
(a) A district that enters into a contract with the United States shall levy annually sufficient taxes to provide payment of all installments required by ...
- Texas Water Code Section 58.159 - Assessments For Contracts With The United States
The board shall levy annually sufficient assessments to collect the money required to pay all of the district's obligations in full when due regardless of ...
- Texas Water Code Section 58.160 - Duration Of Annual Levies For Contracts With The United States
The board shall continue annual levies for payment of construction charges each year against each tract of land in the district even though construction charges ...
- Texas Water Code Section 58.161 - Superiority Of Lien To Secure Contract With The United States
The lien against district land created by a contract with the United States shall be superior to the lien created by any district bonds approved ...
- Texas Water Code Section 58.162 - District's Authority To Solicit Cooperation, Donations, And Contributions From Other Agencies
A district organized under the provisions of this chapter may solicit cooperation, donations and contributions from: (1) the United States, the state or nation; (2) ...
- Texas Water Code Section 58.163 - Expense Of Procuring Cooperation And Contributions From Other Agencies
A district may incur reasonable expense to procure cooperation under Section 58.162 of this code in adding to the area of the district or with ...
- Texas Water Code Section 58.164 - Authority Of Contributor
(a) Any water improvement district, water control and improvement district, levee improvement district, irrigation district, county, city, town, or other political subdivision of the state ...
- Texas Water Code Section 58.165 - Issuance Of Bonds By Contributor
(a) The contract may provide for the issuance of bonds by the contributor and for direct payment from the proceeds of the bonds to contractors ...
- Texas Water Code Section 58.166 - Annual Tax By Contributor
(a) The contract for contribution may provide that instead of issuing bonds the contributor may levy, assess, and collect an annual tax in a specific ...
- Texas Water Code Section 58.167 - Contributions From Unappropriated Or Available Funds Of Contributor
(a) If the proposed contributor has an unappropriated fund or a fund which is not required for actual use even though otherwise appropriated, the fund ...
- Texas Water Code Section 58.168 - Liability On Contracts Of Acquired Irrigation System
If a district acquires an established irrigation system which has contracted to supply water to others and the holders of the contracts or the lands ...
- Texas Water Code Section 58.170 - Covenants And Agreements Included In Lease
(a) The lease shall expressly state that the sums payable under the terms of the lease and the lease itself shall not constitute an indebtedness ...
- Texas Water Code Section 58.171 - Revenue For Payment Of Lease Rental
(a) All money due the lessor under the lease shall be payable solely from the revenue derived by the district from the sale of water ...
- Texas Water Code Section 58.172 - Receiver For Leased Irrigation System
(a) If the district defaults in the payments due under a lease, the lessor may petition a court of competent jurisdiction to appoint a receiver ...
- Texas Water Code Section 58.173 - Joint Lease By Two Or More Districts
The boards of two or more districts may adopt resolutions to enter into a joint lease under the provisions of Section 58.169 of this code. ...
- Texas Water Code Section 58.174 - Authority To Acquire Irrigation System Subject To Mortgage
A district may acquire by gift, grant, or purchase any part of an irrigation system serving the district which is subject to a mortgage or ...
- Texas Water Code Section 58.175 - Revenue For Payment Of Mortgage
(a) The board may determine conclusively by resolution whether the mortgage or encumbrance represents all or part of the cost of the acquired property and ...
- Texas Water Code Section 58.176 - Election To Approve Revenue For Payment Of Mortgage
(a) If tax and bond revenue is pledged to pay amount due under the encumbrance, the district must hold an election and receive the approval ...
- Texas Water Code Section 58.177 - Joint Acquisition Of Mortgaged System By Two Or More Districts
(a) Two or more districts jointly may acquire by gift, grant, or purchase any part of an irrigation system serving the districts subject to a ...
- Texas Water Code Section 58.178 - Authority To Lease Facilities To Water Customers
(a) A district may lease to any person, firm, or corporation which is a bona fide water customer of the district any of its facilities ...
- Texas Water Code Section 58.180 - Amendments To Water Rights
The board may apply to the commission to amend its water rights as provided by Section 11.122 of this code and the rules of the ...
- Texas Water Code Section 58.181 - Suit To Protect Water Rights
The board may institute and maintain any suit or suits to protect the water supply or other rights of the district, to prevent any unlawful ...
- Texas Water Code Section 58.182 - Transfer Of Water Right
If there is land in a district which has a water right from a source of supply acquired by the district but the land is ...
- Texas Water Code Section 58.183 - Selling Waterpower Privileges
(a) The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs within ...
- Texas Water Code Section 58.184 - Selling Surplus Water
The district may sell any surplus district water for use in irrigation or for domestic or commercial uses to any person who owns or uses ...
- Texas Water Code Section 58.185 - Pumping Water To Another District
If the board considers it advisable, it may contract to pump for or supply another district any water in which the other district has a ...
- Texas Water Code Section 58.186 - Obtaining Topographic Maps And Data
The Texas Water Development Board shall furnish to a district topographic maps and data concerning projects undertaken by the district. Added by Acts 1977, 65th ...
- Texas Water Code Section 58.190 - Sale Of Property Not Acquired To Carry Out The Plans Of The District
The board may sell property bid in by it at any sale under foreclosure of its tax lien or of its lien for charges or ...
- Texas Water Code Section 58.221 - Landowner
In this subchapter, a reference to "landowner" refers to a single landowner who is the owner of record of fee simple title to a parcel ...
- Texas Water Code Section 58.222 - Eligibility To Vote
Notwithstanding the Election Code and any other law, a landowner or the landowner's registered representative under this subchapter is entitled to one vote in an ...
- Texas Water Code Section 58.223 - Eligibility Requirements
An individual landowner, or the landowner's registered representative, is eligible to vote only if the individual: (1) is 18 years of age or older; (2) ...
- Texas Water Code Section 58.224 - Registration Required
(a) A landowner who elects to designate a representative to vote on behalf of the landowner must register the representative to vote on a form ...
- Texas Water Code Section 58.225 - Voting By Representative
(a) A landowner may authorize an individual to vote in a district election as the landowner's representative as provided by this subchapter. (b) If ownership ...
- Texas Water Code Section 58.226 - Liability For District Taxes And Debts
(a) A person who on January 1 of each year is not eligible under this subchapter to vote in an election held by a district ...
- Texas Water Code Section 58.301 - Statement Estimating Water Requirements And Payment Of Charge
(a) Each person who desires to receive water at any time during the year shall furnish the secretary of the board a written statement of ...
- Texas Water Code Section 58.302 - Contracts With Person Using Water
(a) The board may require each person who desires to use water during the year to enter into a contract with the district which states ...
- Texas Water Code Section 58.303 - Authority To Determine Rules And Regulations
The board may adopt, alter, and rescind rules, and standing and temporary orders which do not conflict with the provisions of this subchapter and which ...
- Texas Water Code Section 58.304 - Board's Estimate Of Maintenance And Operating Expenses
The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and ...
- Texas Water Code Section 58.305 - Distribution Of Assessment
(a) Not less than one-third nor more than two-thirds of the estimated maintenance and operating expenses shall be paid by assessment against all land in ...
- Texas Water Code Section 58.306 - Notice Of Assessments
(a) Public notice of all assessments shall be given by posting printed notices of the assessment in at least three public places in the district. ...
- Texas Water Code Section 58.307 - Payment Of Assessments
(a) All assessments shall be paid in installments at the times fixed by the board. (b) If a crop for which water was furnished by ...
- Texas Water Code Section 58.308 - Collection Of Assessments By Tax Assessor And Collector
(a) Under the direction of the board, the assessor and collector, or other person designated by the board, shall collect all assessments for maintenance and ...
- Texas Water Code Section 58.309 - Lien Against Crops
The district shall have a first lien, superior to all other liens, against all crops grown on each tract of land in the district to ...
- Texas Water Code Section 58.310 - List Of Delinquent Assessments
Assessments not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall ...
- Texas Water Code Section 58.311 - Water Service Discontinued
If a landowner fails or refuses to pay a water assessment when due, his water supply shall be cut off, and no water may be ...
- Texas Water Code Section 58.312 - Suits For Delinquent Assessments
Suits for delinquent water assessments may be brought either in the county in which the district is located or in the county in which the ...
- Texas Water Code Section 58.313 - Interest And Collection Fees
(a) All assessments shall bear interest from the date payment is due at the rate of 15 percent a year. Assessments not paid by the ...
- Texas Water Code Section 58.314 - Rights Of The United States
(a) If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to ...
- Texas Water Code Section 58.315 - Surplus Assessments
If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to ...
- Texas Water Code Section 58.316 - Insufficient Assessments
If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed pro ...
- Texas Water Code Section 58.318 - Charges For Maintenance Expenses
(a) If maintenance charges are based on the quantity of water used, a fixed minimum charge may be made on all land, water connections, or ...
- Texas Water Code Section 58.319 - Charge To Cities And Towns
If a district supplies untreated water, the charge for the use of the water and the time and manner of payment shall be determined by ...
- Texas Water Code Section 58.320 - Loans For Maintenance And Operating Expenses
The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may ...
- Texas Water Code Section 58.321 - Water Service: Refused
The board may refuse water service to any person who refuses to pay the charges and assessments for water service or who fails or refuses ...
- Texas Water Code Section 58.351 - Construction Fund
(a) The proceeds from the sale of bonds shall be deposited in the construction fund. (b) Money deposited in the construction fund shall be used ...
- Texas Water Code Section 58.352 - Maintenance Fund
(a) The district shall have a maintenance fund which shall include money collected by assessment or other method for the maintenance, repair, and operation of ...
- Texas Water Code Section 58.353 - Amortization And Emergency Fund
(a) The board shall have a competent engineer make an inspection and valuation of the physical property of the district which is subject to decay, ...
- Texas Water Code Section 58.391 - Authority To Borrow Money
The board may declare that funds are not available to meet lawfully authorized obligations of the district, thereby creating an existing emergency, and may borrow ...
- Texas Water Code Section 58.392 - Security For Loan
To secure the loan, the board may pledge up to 85 percent of any levied tax of the district which has not been collected by ...
- Texas Water Code Section 58.393 - Maturity Date Of Loan
(a) If taxes are pledged to pay for the loan, the loan shall mature not later than the following April 1. (b) If preliminary or ...
- Texas Water Code Section 58.394 - Loan Secured By Bonds
The amount of the loan may not be more than 25 percent of the district's unsold bonds and the par value of the bonds may ...
- Texas Water Code Section 58.395 - Expenditure Of Loan Proceeds
No money obtained from a loan under Section 58.391 of this code may be spent for any purpose other than the purposes for which the ...
- Texas Water Code Section 58.396 - Loans Accomplished By Sale Of District Bonds
If the loan is secured by the sale of district bonds, the district may enter into an obligation to be conditioned conformably with the usages ...
- Texas Water Code Section 58.397 - Pledge Of Commercial Income
(a) The term "commercial income" means income other than revenue derived from taxation. (b) If required to do so, a district may pledge its existing ...
- Texas Water Code Section 58.398 - Evidence Of Debt
To evidence loans which are not secured by the sale of bonds, the district may execute and deliver to the lender certificates of indebtedness, notes, ...
- Texas Water Code Section 58.399 - Retiring Bonds
If bonds are impounded or pledged to secure a loan made to a district, as the loan is repaid a proportionate amount of the bonds ...
- Texas Water Code Section 58.431 - Authority To Issue Bonds Of Districts Operating Under Article Iii, Section 52, Of The Texas Constitution
A district which is operating under Article III, Section 52, of the Texas Constitution, may issue bonds and lend its credit in an amount of ...
- Texas Water Code Section 58.432 - Authority To Issue Bonds Of Districts Operating Under Article Xvi, Section 59, Of The Texas Constitution
A district operating under Article XVI, Section 59, of the Texas Constitution, may incur debt evidenced by the issuance of bonds which is necessary to ...
- Texas Water Code Section 58.433 - Amount Of Debt Limited By Constitution
No district may issue bonds or create indebtedness in an amount which is more than that authorized by the Texas Constitution. Added by Acts 1977, ...
- Texas Water Code Section 58.434 - Issuance Of Preliminary Bonds
A district may issue preliminary bonds to create a fund to pay: (1) costs of organization; (2) costs of making surveys and investigations; (3) attorney's ...
- Texas Water Code Section 58.435 - Election On Preliminary Bonds
(a) The proposition for the issuance of preliminary bonds shall be submitted to the electors of the district. (b) The election may be held at ...
- Texas Water Code Section 58.436 - Conditions Of Preliminary Bonds
(a) After preliminary bonds have been authorized at an election, the board may order the issuance of the bonds in an amount which is not ...
- Texas Water Code Section 58.437 - Tax To Pay Preliminary Bonds
At the time preliminary bonds are issued, a tax shall be levied to pay principal and interest as the bonds mature and to pay the ...
- Texas Water Code Section 58.438 - Issuance Of Bonds
(a) After a district is created and has adopted plans for construction of a plant and improvements, it may issue bonds to pay for constructing ...
- Texas Water Code Section 58.439 - Purposes For Issuance Of Bonds
The district may issue bonds to include: (1) the cost of organization of the district; (2) incidental expenses; (3) the cost of investigation and making ...
- Texas Water Code Section 58.440 - Engineer's Report
(a) Before an election is held to authorize the issuance of bonds, an engineer's report, which includes the plans and improvements to be constructed together ...
- Texas Water Code Section 58.441 - Election Order
(a) After the engineer's report is filed and approved, the board may order an election in the district to authorize the issuance of bonds. (b) ...
- Texas Water Code Section 58.443 - Ballots
(a) The proposition to be voted on shall be the issuance of the total amount of bonds covered by the engineer's estimate plus additional estimates ...
- Texas Water Code Section 58.444 - Vote At Election
(a) Bonds of a district operating under the provisions of Article III, Section 52, of the Texas Constitution, may be issued only with the approval ...
- Texas Water Code Section 58.445 - Order To Issue Bonds Or Execute Contract
After the vote is canvassed and the results are declared to be favorable to the proposition, the board shall make and enter an order directing ...
- Texas Water Code Section 58.446 - Record Of Bond Proceedings Submitted To Attorney General
(a) After a district issues bonds other than preliminary bonds, but before they are sold, the record showing all the proceedings in the creation of ...
- Texas Water Code Section 58.447 - Approval And Registration Of Bonds
(a) After the bonds are issued and executed, they shall be submitted to the attorney general for approval. (b) If the attorney general finds that ...
- Texas Water Code Section 58.448 - Validity Of Bonds
After the bonds are approved by the attorney general and registered by the comptroller, they shall be held to be valid, binding obligations of the ...
- Texas Water Code Section 58.449 - Conditions Of Bonds
(a) The bonds may be issued to mature at the end of a term of years or to mature serially at any date which is ...
- Texas Water Code Section 58.450 - Form Of Bonds
(a) The bonds shall be issued in the name of the district and shall be signed by the president and attested by the secretary, with ...
- Texas Water Code Section 58.453 - Validation Suit
(a) A district may file a suit to determine the validity of the creation of the district and the bonds. (b) If requested by the ...
- Texas Water Code Section 58.454 - Effect Of Prior Registration
If bonds are approved by the attorney general and registered by the comptroller before a validation suit is filed, the filing of the suit cancels ...
- Texas Water Code Section 58.455 - Procedure In Validation Suit
(a) A validation suit shall be brought by the district in the district court of any county in which all or part of the district ...
- Texas Water Code Section 58.456 - Notice Of Validation Suit
(a) To obtain jurisdiction of all parties to the validation suit, a general notice shall be published. (b) The notice shall be published once a ...
- Texas Water Code Section 58.457 - Duties Of Attorney General In Validation Suit
(a) The attorney general shall examine all the proceedings and shall require any further evidence and make any further examination which he considers advisable. (b) ...
- Texas Water Code Section 58.458 - Judgment In Validation Suit
(a) After the trial of the validation suit, if the judgment of the court is adverse to the district on any issue, the district may ...
- Texas Water Code Section 58.459 - Effect Of Validation Suit
(a) After a final judgment is rendered in the validation suit, the bonds or the contract with the United States shall be incontestable. (b) No ...
- Texas Water Code Section 58.460 - Certified Copy Of Decree
(a) After the judgment of the district court is entered, the clerk of the court shall make a certified copy of the decree which shall ...
- Texas Water Code Section 58.461 - Registration Of Bonds And Decree
On the presentation of the bonds together with a certified copy of the decree of the court, the comptroller shall register the bonds in a ...
- Texas Water Code Section 58.462 - Sale Of Bonds
(a) After the bonds are issued by the district, the board shall sell the bonds on the best terms and for the best price possible. ...
- Texas Water Code Section 58.463 - Tax Levy
(a) At the time the bonds are voted, the board shall levy a tax on all property inside the district subject to district taxation in ...
- Texas Water Code Section 58.464 - Adjustment Of Tax Levy
(a) The board may from time to time increase or diminish the tax to adjust it for the taxable values of the property subject to ...
- Texas Water Code Section 58.466 - Interest And Sinking Fund
(a) The district shall have an interest and sinking fund which shall include all taxes collected under this chapter. (b) Money in the interest and ...
- Texas Water Code Section 58.467 - Investment Of Sinking Fund
(a) The board may invest any portion of the sinking fund of the district in bonds of the United States, the state, any county or ...
- Texas Water Code Section 58.468 - Refunding Bonds
(a) The district may refund any bonds issued by it by issuing new bonds. (b) Refunding bonds may be issued only if the old bonds ...
- Texas Water Code Section 58.469 - Limitation Of Authority To Incur Debt And Issue Bonds
(a) For the benefit of purchasers or holders of bonds to be issued or sold, the board of a district operating under the provisions of ...
- Texas Water Code Section 58.470 - Issuing Bonds In Excess Of Limitation
(a) A district may issue bonds in excess of a limitation made under Section 58.469 of this code only after the commission has approved the ...
- Texas Water Code Section 58.471 - Modifications Or Improvements
(a) After bonds are issued or a contract is entered into with the United States, the board may give notice of an election to be ...
- Texas Water Code Section 58.472 - Issuance Of Additional Bonds Or Creation Of Additional Indebtedness Under Certain Conditions
(a) A district may issue additional bonds or create additional indebtedness: (1) if works, improvements, and facilities constructed under a plan provided in Section 58.440 ...
- Texas Water Code Section 58.473 - Interim Bonds
After bonds, other than preliminary bonds or notes, are voted by a district, the board may declare an existing emergency with relation to money being ...
- Texas Water Code Section 58.474 - Limitations On Interim Bonds
(a) Interim bonds shall mature not later than 10 years from the date they are issued, and shall be redeemable at any time before they ...
- Texas Water Code Section 58.475 - Issuance Of Bonds And Levy Of Tax
(a) After bonds other than preliminary bonds are voted, the board may authorize the issuance of the bonds in whole or in part as they ...
- Texas Water Code Section 58.476 - Deposit Of Bonds To Secure Interim Bonds
(a) As the interim bonds are issued and sold, the board, by order, shall deposit bonds of the district which have been validated by a ...
- Texas Water Code Section 58.477 - Procedure For Issuance And Sale Of Interim Bonds
(a) Interim bonds shall be issued in the name of the district, signed by the president, and attested by the secretary, with the district seal ...
- Texas Water Code Section 58.478 - Payment Of Interim Bonds
(a) The board shall appropriate the tax levied to pay the bonds deposited to the credit of the interest and sinking fund to pay the ...
- Texas Water Code Section 58.479 - Redemption Of Interim Bonds
(a) At the option of the board, interim bonds may be redeemed at any time or times before maturity on payment by the district of ...
- Texas Water Code Section 58.480 - Alternate Methods For Paying Bonds
(a) As used in this section and in Sections 58.481-58.484 of this code, "net revenue" means income or increment which may come from ownership and ...
- Texas Water Code Section 58.481 - Taxes To Secure Certain Bonds
(a) If bonds are secured as provided in Section 58.480(b)(3) of this code, at the time that net revenue together with money derived from taxes ...
- Texas Water Code Section 58.482 - Election
(a) If the district proposes to issue bonds which will be secured under either Section 58.480(b)(2) or 58.480(b)(3) of this code, the proposition shall be ...
- Texas Water Code Section 58.483 - Hearing And Election On Certain Bonds
(a) A district which plans to issue bonds payable from and secured by a pledge of net revenue and a lien on the physical property, ...
- Texas Water Code Section 58.484 - Hearing Before Issuing Certain Bonds
If a district issues its original bonds under Section 58.480(b)(2) of this code and later desires to issue bonds payable in whole or in part ...
- Texas Water Code Section 58.501 - Tax To Pay Preliminary Bonds
Taxes to pay principal and interest on preliminary bonds shall be levied and collected on the ad valorem basis. Added by Acts 1977, 65th Leg., ...
- Texas Water Code Section 58.502 - Hearing To Determine Basis Of Taxation
After the board adopts plans for construction of a plant and improvements to accomplish the purposes of the district and after an election is held ...
- Texas Water Code Section 58.503 - Notice Of Hearing
Notice of the time and place of the hearing and the proposition to be determined shall be published once a week for two consecutive weeks ...
- Texas Water Code Section 58.504 - Conduct Of Hearing
(a) At the hearing, any person who is a taxpayer in the district may appear and offer testimony to show which plan of taxation will ...
- Texas Water Code Section 58.505 - Order
(a) The board shall adopt the plan of taxation which will, in its judgment under the evidence, be most conducive to the equitable distribution of ...
- Texas Water Code Section 58.506 - Changing Tax Plan
If after a tax plan is adopted the directors find that the best interest of the district and the necessity to maintain adequately and equitably ...
- Texas Water Code Section 58.507 - Effect Of Sections 58.501-58.506 Of This Code
Nothing in Sections 58.501-58.506 of this code shall be held to alter provisions of this chapter relating to districts which have contracts with the United ...
- Texas Water Code Section 58.508 - Unlimited Authority To Collect Service Charges And Taxes
The provisions of this subchapter do not alter or impair the right of a district: (1) to make, establish, and collect maintenance and operation charges ...
- Texas Water Code Section 58.509 - Lien Created; No Limitation
Charges or assessments imposed by a district for maintenance and operation of works, facilities, and services of the district shall constitute a lien against the ...
- Texas Water Code Section 58.510 - Purpose Of Sections 58.511-58.529 Of Code
The purpose of Sections 58.511-58.529 of this code is to give a district the flexibility of taxing power which will permit and cause the tax ...
- Texas Water Code Section 58.511 - Authority To Adopt Alternative Plans Of Taxation
A district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, shall adopt a tax plan under the alternative provisions of ...
- Texas Water Code Section 58.512 - Alternative Plans Of Taxation
(a) The district's taxes for all purposes, except to pay the cost of preliminary surveys, may be levied, assessed, and collected on an adopted basis ...
- Texas Water Code Section 58.513 - Adoption Of Plan Of Taxation
(a) Except as provided in Section 58.512(b)(4) of this code, before the commission of appraisement is appointed and the construction bonds are sold, the board ...
- Texas Water Code Section 58.514 - Notice Of Adoption Of Plan And Hearing
(a) After the tax plan is adopted, the board shall publish notice once a week for two consecutive weeks in one or more newspapers with ...
- Texas Water Code Section 58.515 - Order Adopting Tax Plan
(a) After all persons have been heard, the board may approve the proposed tax plan or may change or modify the plan. (b) The board ...
- Texas Water Code Section 58.516 - Obtaining Funds To Construct, Administer, Maintain, And Operate Improvements And Facilities In Defined Part Of District
On adoption of the plan of taxation provided in Section 58.512(b)(4) of this code, the district, in the manner provided in Sections 58.517-58.523 of this ...
- Texas Water Code Section 58.517 - Defining Area And Designating Property To Be Benefited By Improvements; Adopting Tax Plan
(a) The board shall define the particular area to be taxed by metes and bounds or designate the property to be served, affected, and taxed. ...
- Texas Water Code Section 58.518 - Notice And Hearing
The board shall give notice and hold a hearing in the same manner and for the same purpose as provided in Sections 58.514-58.515 of this ...
- Texas Water Code Section 58.519 - Board's Order
At the hearing, if the board decides to define and serve the proposed separate tax area or separate designated property, it shall enter an order ...
- Texas Water Code Section 58.520 - Procedure For Election
(a) The election shall conform to the provisions of this code relating to an election to authorize the issuance of construction bonds. (b) The board ...
- Texas Water Code Section 58.521 - Election Not Required In Separate Election Precinct
If proposed improvements are considered to be required to promote the public welfare or if the owners of the land in a defined area file ...
- Texas Water Code Section 58.522 - Ballots
The ballots for an election under this subchapter shall be printed to provide for voting for or against substantially the proposition: "Designation of the area, ...
- Texas Water Code Section 58.523 - Declaring Result And Issuing Order
If a majority of the electors approve the proposal, the board shall declare the result and, by order, shall establish the area and define it ...
- Texas Water Code Section 58.524 - Pledge Of Faith And Credit
If at an election the electors approve the issuance of bonds and the levy of a tax which applies only to a defined area, the ...
- Texas Water Code Section 58.525 - Election In Separate Election Precinct
(a) If the improvements to be provided in a defined area are considered peculiarly for the benefit of that area and not required to conserve ...
- Texas Water Code Section 58.526 - Issuance Of Bonds And Levy Of Tax For Defined Area Or Designated Property
(a) After the order is recorded, the district may issue its bonds to provide the specific plant, works, and facilities included in the plans adopted ...
- Texas Water Code Section 58.527 - Contract To Provide Improvements, Facilities, And Services To Designated Property Or Area
(a) Property or areas inside or outside the district may, by contract, be designated to obtain improvements, facilities, or service for the designated area or ...
- Texas Water Code Section 58.528 - Authority Of District
(a) If a majority of the electors in the whole district approve the proposal, the district may issue its bonds to provide the plant, improvements, ...
- Texas Water Code Section 58.529 - Administrative Authority Of Board
The board shall administer all business incident to the creation and operation of a defined area or service to designated property unless otherwise provided by ...
- Texas Water Code Section 58.561 - Assessment Of District Property
The assessor and collector shall assess all taxable property in the district. Added by Acts 1977, 65th Leg., p. 1537, ch. 627, § 1, eff. ...
- Texas Water Code Section 58.562 - Law Governing Property Subject To Taxation
The property subject to taxation in the district shall be determined by and governed by the Property Tax Code. Added by Acts 1977, 65th Leg., ...
- Texas Water Code Section 58.585 - Finance Ledger
(a) The board shall provide a finance ledger in which the assessor and collector shall be charged with the total assessment of property shown on ...
- Texas Water Code Section 58.631 - Method Of Taxation For District Under Contract With The United States
A district which is operated under contract with the United States may adopt the plan to levy and collect taxes on the benefit basis instead ...
- Texas Water Code Section 58.632 - Assessment Record
When necessary, the board shall apportion and assess the benefits conferred on property subject to taxation in the district and shall make a record showing ...
- Texas Water Code Section 58.633 - Notice Of Taxes
After the board makes the record, it shall mail to each property owner whose name appears in the record notice of the amount of taxes ...
- Texas Water Code Section 58.634 - Decision After Hearing
After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount ...
- Texas Water Code Section 58.635 - Method Of Taxation For District Not Under Contract With The United States
If a district which is not operating under contract with the United States adopts the benefit basis plan for taxation, the levy, assessment, equalization of ...
- Texas Water Code Section 58.636 - Commissioners Of Appraisement
As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall ...
- Texas Water Code Section 58.637 - Compensation Of Commissioners
On approval by the board, each commissioner is entitled to receive $25 a day for each day he actually serves, plus all necessary expenses. Added ...
- Texas Water Code Section 58.638 - Notice Of Appointment And Meeting
Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of ...
- Texas Water Code Section 58.639 - First Meeting Of Commissioners
(a) The commissioners shall meet at the time specified in the notice from the secretary or as soon after that time as possible. (b) At ...
- Texas Water Code Section 58.640 - Assistance For Commissioners
Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties they may ...
- Texas Water Code Section 58.641 - Viewing Land And Other Property And Improvements In District
The commissioners shall view the land in the district which will be affected by the district's reclamation plans and shall assess the amount of the ...
- Texas Water Code Section 58.642 - Commissioners Report
(a) The commissioners shall prepare a report and file it with the secretary of the board. The report shall be signed by at least a ...
- Texas Water Code Section 58.643 - Notice Of Hearing
(a) After the commissioners' report is filed, the secretary of the board shall publish notice of the hearing on the report at least once a ...
- Texas Water Code Section 58.644 - Hearing
(a) At or before the hearing on the commissioners' report, an owner of land that is affected by the report or the reclamation plans may ...
- Texas Water Code Section 58.645 - Witnesses At The Hearing
At the hearing, interested parties may appear in person or by attorney and are entitled, on demand, to have the chairman of the commissioners of ...
- Texas Water Code Section 58.646 - Costs Of Hearing
The commissioners may adjudge and apportion the costs of the hearing in any manner they consider equitable. Added by Acts 1977, 65th Leg., p. 1537, ...
- Texas Water Code Section 58.647 - Commissioners' Decree
(a) After the commissioners have made a final decision, they shall issue a decree confirming their report insofar as it remains unchanged and shall approve ...
- Texas Water Code Section 58.648 - Effect Of Final Judgment And Decree
The final judgment and decree of the commissioners shall form the basis for all taxation in the district. Taxes shall be apportioned and levied on ...
- Texas Water Code Section 58.649 - Fixing Tax As Equal Sum On Each Acre
At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of any ...
- Texas Water Code Section 58.650 - Election
(a) If the board desires to submit the question of whether or not to adopt the method of assessing benefits provided in Section 58.649 of ...
- Texas Water Code Section 58.651 - Setting Annual Value Of Land Unnecessary
If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all irrigable land in the district, and it is ...
- Texas Water Code Section 58.652 - Preparing Tax Rolls
(a) The board shall examine the tax rolls to determine if all property subject to taxation appears on the tax rolls. The board shall add ...
- Texas Water Code Section 58.653 - Rendition Of Property
Land which is taxed on the uniform acreage valuation shall be rendered for taxation as subject to irrigation. When land is rendered, the value need ...
- Texas Water Code Section 58.654 - Law Governing Administration Of Benefit Tax Plan
In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by ...
- Texas Water Code Section 58.655 - Irrigating Nonirrigable Land
If land which is classified as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay ...
- Texas Water Code Section 58.702 - Exclusion Of Nonagricultural And Nonirrigable Land From The District
After the district is organized, acquires facilities with which to function as an irrigation district, and votes, issues, and sells bonds for the purposes for ...
- Texas Water Code Section 58.703 - Prerequisite To Application For Exclusion
The owner of land in the district which is not agricultural land or cannot be irrigated in a practicable manner may apply for its exclusion ...
- Texas Water Code Section 58.704 - Substituting Land Of Equal Acreage And Value
Land which can be irrigated in a practicable manner of at least equal acreage and equal value to the land being excluded must be added ...
- Texas Water Code Section 58.705 - Securing Application To Substitute Land
The board may require an owner of land in the district who has applied for the exclusion of his nonagricultural or nonirrigable land from the ...
- Texas Water Code Section 58.706 - Application Of Owner Of New Land To Be Substituted
The owner of the new land to be added shall submit an application setting forth that the owner of the new land assumes the payment ...
- Texas Water Code Section 58.707 - Consent Of Outstanding Bondholders
(a) The board shall communicate the contents of the applications to exclude nonagricultural or nonirrigable land and to include an equal amount of irrigable land ...
- Texas Water Code Section 58.708 - Notice Of Hearing On Applications
The board shall give notice of the hearing on the applications by publishing the time, place, and nature of the hearing one time in a ...
- Texas Water Code Section 58.709 - Hearing Procedure
The board shall hear all interested parties and all evidence in connection with the applications. Added by Acts 1977, 65th Leg., p. 1537, ch. 627, ...
- Texas Water Code Section 58.710 - Board's Resolution To Substitute Land
If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist, it may ...
- Texas Water Code Section 58.711 - Liability Of Excluded And Included Land
The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included ...
- Texas Water Code Section 58.712 - Duty To Advise Commission
The board shall furnish the commission a detailed description of the land excluded and a detailed description of the land included within 30 days after ...
- Texas Water Code Section 58.713 - Right To Serve New Land Included In District
The district has the same right to furnish water service to the included land that it previously had to furnish service to the excluded land. ...
- Texas Water Code Section 58.726 - Consolidation Of Districts
Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 58.727-58.730 of this code. Added ...
- Texas Water Code Section 58.727 - Elections To Approve Consolidation
(a) After the directors of each district have agreed on the terms and conditions of consolidation, they shall order an election in each district to ...
- Texas Water Code Section 58.728 - Governing Consolidated Districts
(a) After two or more districts are consolidated, they become one district, except for the payment of debts created before consolidation, and are governed as ...
- Texas Water Code Section 58.729 - Debts Of Original Districts
After two or more districts are consolidated, the debts of the original districts are protected and are not impaired. These debts may be paid by ...
- Texas Water Code Section 58.730 - Assessment And Collection Of Taxes
After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by the ...
- Texas Water Code Section 58.731 - Exclusion Of Certain Nonirrigated Land
The board may exclude from the district land that is not being irrigated as provided by Sections 51.759 through 51.766. This section applies only to ...
- Texas Water Code Section 58.781 - Dissolution Of District Prior To Issuance Of Bonds
(a) If the electors of a district reject the proposal to issue construction bonds by a constitutional or statutory majority vote, the board must dissolve ...
- Texas Water Code Section 58.782 - Notice Of Hearing
The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located ...
- Texas Water Code Section 58.783 - Hearing
The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice. Added by Acts 1977, ...
- Texas Water Code Section 58.784 - Board's Order To Continue Or Dissolve District
The board shall determine from the evidence whether the best interests of the persons, land, and property in the district will be promoted by prosecuting ...
- Texas Water Code Section 58.785 - Judicial Review Of Board's Order
The board's decree to continue or to dissolve the district shall be final and cannot be judicially reviewed except on the ground of fraud, palpable ...
- Texas Water Code Section 58.786 - Appointment Of Trustee
(a) If the board orders the dissolution of the district, it shall appoint a director or some other competent person as trustee to close the ...
- Texas Water Code Section 58.787 - Discharge Of District's Obligations By Trustees
(a) The trustee shall reduce all assets and resources of the district to possession and money and apply them to discharge the outstanding obligations of ...
- Texas Water Code Section 58.788 - Discharge Of Trustee
The trustee shall be discharged when all obligations of the district are paid and the trustee's account is verified and settled. Added by Acts 1977, ...
- Texas Water Code Section 58.789 - Final Order Of Dissolution
After all obligations are paid and the trustee is discharged, the board shall enter its final order of dissolution and record the final order in ...
- Texas Water Code Section 58.790 - Water Rights Of Dissolved District
Water rights held from the state shall revert to the state and may not be assigned by the district in anticipation of dissolution. Added by ...
- Texas Water Code Section 58.791 - Taxes In Excess Of District's Obligations
(a) If taxes have been collected by the dissolved district in excess of the amount required to liquidate the obligations of the district, the excess ...
- Texas Water Code Section 58.793 - Dissolution Of District For Failure To Complete Plant
Subject to the provisions of Subchapter G of Chapter 50 of this code, if a district has not within 10 years from the date of ...
- Texas Water Code Section 58.794 - Resolution To Dissolve District
The board shall find in its resolution to dissolve the district that the plans of the district are impracticable or that the purposes of the ...
- Texas Water Code Section 58.795 - Statements Of Indebtedness And Expenses
The board shall prepare or have prepared and shall approve a statement of all valid, enforceable indebtedness of the district and shall enter the statement ...
- Texas Water Code Section 58.796 - Election To Approve Dissolution Of District And Issuance Of Dissolution Bonds
The board shall enter an order calling an election to determine whether or not the district shall be dissolved and bonds issued to pay the ...
- Texas Water Code Section 58.797 - Maximum Amount, Interest Rate, And Maturity Of Bonds
The maximum amount of bonds to be voted on and issued shall not be more than the total amount of the approved valid, enforceable indebtedness ...
- Texas Water Code Section 58.798 - Notice Of Election
(a) The president and secretary of the board shall issue notice of the election, stating: (1) the findings of the board with reference to the ...
- Texas Water Code Section 58.799 - Procedure For Holding Election
(a) The ballots for the election shall be printed to provide for voting for or against the proposition: "Dissolution of the district and issuance of ...
- Texas Water Code Section 58.800 - Issuance And Sale Of Dissolution Bonds
(a) If a majority of the electors at the election vote in favor of the dissolution of the district and the issuance of bonds and ...
- Texas Water Code Section 58.801 - Destroying Unsold Bonds
If a majority of the electors at the election vote in favor of the dissolution of the district, the board shall destroy all unsold bonds ...
- Texas Water Code Section 58.802 - Board's Authority To Contract
The board may contract with trustees, engineers, attorneys, and others it considers necessary or desirable to properly liquidate and wind up the affairs of the ...
- Texas Water Code Section 58.803 - Tax To Pay Dissolution Bonds
The order issuing the dissolution bonds shall provide that the principal of and interest on the bonds shall be payable from the proceeds of a ...
- Texas Water Code Section 58.804 - Determining Amount Of Tax
(a) The value of all of the taxable property of the district shall be taken at the assessed value, and an amount equal to the ...
- Texas Water Code Section 58.805 - Payment Of Tax
The amount of the tax on the taxable property of each owner shall be payable in equal annual installments, during the period in which the ...
- Texas Water Code Section 58.806 - Advance Payment Of Taxes In Cash
The order issuing the bonds shall provide that a property owner may secure release of the entire amount of his taxable property as assessed on ...
- Texas Water Code Section 58.807 - Computing Amount Of Advance Cash Payment
(a) In order to compute the full amount of an advance cash payment, the interest rate on the bonds shall be applied on an annual ...
- Texas Water Code Section 58.808 - Surrender Of Bonds In Payment Of Taxes
The order issuing the bonds shall provide that any of the bonds with all unmatured interest and all appurtenant coupons may be surrendered at any ...
- Texas Water Code Section 58.809 - Computing Amount Of Payment Made By Surrendering Bonds
(a) In order to compute payment by surrendering bonds, the interest rate on the bonds shall be applied on an annual basis to each unpaid ...
- Texas Water Code Section 58.810 - Use By Trustee Of Advance Payments Of Tax
The order issuing the bonds shall provide that the bonds shall be called and redeemed by the trustee in the inverse order of their maturity ...
- Texas Water Code Section 58.811 - Approval And Registration Of Dissolution Bonds
After the dissolution bonds are issued by the board and before they are put in circulation, the bonds, at the option of the board, shall ...
- Texas Water Code Section 58.812 - Preparing Tax Roll
Before the issuance and delivery of the bonds, a tax roll shall be prepared in the manner provided by the Property Tax Code. Added by ...
- Texas Water Code Section 58.814 - Notice Of Meeting As Board Of Equalization
(a) After the tax roll has been filed for at least five days, the board shall publish a notice once a week for two consecutive ...
- Texas Water Code Section 58.815 - Meeting As Board Of Equalization
At the time and place stated in the notice, the board shall meet and examine the tax roll. The board shall equalize as nearly as ...
- Texas Water Code Section 58.816 - Authority And Procedure As Board Of Equalization
(a) Any interested person may appear at the meeting and offer evidence for or against any matter being considered by the board of equalization. The ...
- Texas Water Code Section 58.817 - Approving Tax Roll
After the board of equalization finally fixes the valuation of all taxable property in the district and the tax roll of the district is finally ...
- Texas Water Code Section 58.818 - Approved Tax Roll Not Subject To Revision
The action of the board in finally approving the tax roll is final and is not subject to revision by the board or any other ...
- Texas Water Code Section 58.820 - Collection Of Dissolution Taxes
The county assessor and collector shall collect the taxes shown on the tax roll on the land located in the county for which he is ...
- Texas Water Code Section 58.821 - Appointment Of Trustee
(a) Before the issuance and delivery of dissolution bonds, the board shall appoint a trustee of the funds to be collected from the taxes. The ...
- Texas Water Code Section 58.822 - Authority Of The Trustee
The trustee shall receive from the assessor and collector all proceeds from the assessments less the assessor and collector's charges and shall be the paying ...
- Texas Water Code Section 58.825 - Default In Payment Of Tax Installment
(a) Default in the payment of an installment of taxes levied for the payment of dissolution bonds for 60 days after the installment becomes due ...
- Texas Water Code Section 58.826 - Penalty And Attorney's Fee
(a) A penalty of 10 percent of the unpaid amount of taxes shall accrue immediately on default of payment of taxes after the 60 days. ...
- Texas Water Code Section 58.827 - Discharge Of Lien
(a) On the final payment of the taxes, either the assessor and collector or the trustee shall issue a certificate certifying that the taxes have ...
- Texas Water Code Section 58.828 - District Considered Dissolved
(a) On the issuance and sale or delivery of the dissolution bonds and the appointment and qualification of the trustee, the secretary shall deposit all ...
- Texas Water Code Section 58.829 - Dissolution Of District In Counties Of Less Than 11,000 Population
Subject to the provisions of Sections 50.251-50.256 of this code, a district located entirely in a county having a population of less than 11,000, according ...
- Texas Water Code Section 58.830 - Petition For Dissolution Of District
A petition for the dissolution of the district shall be filed with the board and shall state the name of the district and the purpose ...
- Texas Water Code Section 58.831 - Signatures On Petition
A petition for dissolution of the district may be signed and filed in two or more copies. The petition shall be signed by a majority ...
- Texas Water Code Section 58.832 - Procedure For Holding Election
(a) An election to determine whether or not the district shall be dissolved shall be held in accordance with the provisions of Subchapter E of ...
- Texas Water Code Section 58.833 - Election In District Including City, Town, Or Municipal Corporation
In an election to dissolve a district in which a city, town, or municipal corporation is located, the city, town, or municipal corporation shall be ...
- Texas Water Code Section 58.834 - Subsequent Election
If the proposition to dissolve the district fails to carry at the election held for that purpose, no other election for the same purpose shall ...
- Texas Water Code Section 58.835 - District Dissolved
If a majority of those voting at the election vote in favor of dissolving the district, the district shall be dissolved and shall have no ...
- Texas Water Code Section 58.836 - Taxes To Pay Indebtedness After Dissolution
If a district has outstanding bonds or other indebtedness maturing beyond the current year in which the dissolution occurs, the commissioners court of the county ...
- Texas Water Code Section 59.001 - Purpose And Application
(a) The purpose of this chapter is to authorize creation and operation of regional districts for water, sanitary sewer, drainage, and municipal solid waste disposal ...
- Texas Water Code Section 59.002 - Definitions
(a) In this chapter: (1) "District" means a district created or operating under this chapter. (2) "Municipal district" means a district created under general law ...
- Texas Water Code Section 59.003 - Creation Of District
(a) A district may be created by: (1) The boards of at least 20 percent of the total number of municipal districts to be included ...
- Texas Water Code Section 59.004 - Purposes Of District
A district shall be created: (1) to purchase, own, hold, lease, and otherwise acquire sources of water supply; (2) to build, operate, and maintain facilities ...
- Texas Water Code Section 59.005 - Matching Funds Guarantees
If the Texas Water Development Board requires that matching funds be provided as a condition for receiving a loan or grant from the Texas Water ...
- Texas Water Code Section 59.006 - Consent Of City
(a) Land in the corporate limits of a city or in the extraterritorial jurisdiction of a city may not be included in a district unless ...
- Texas Water Code Section 59.007 - Granting Or Refusing Petition; Exclusion Of Territory
(a) If the commission finds after considering the petition that the petition conforms to the requirements of this chapter and that the creation of the ...
- Texas Water Code Section 59.021 - Directors
(a) The commission shall appoint temporary directors who shall serve until permanent directors are elected. (b) A petition requesting creation filed in accordance with Section ...
- Texas Water Code Section 59.022 - Ability To Set Rates
The district may charge rates to persons and entities located outside the district's boundaries on terms, rates, and charges the board of directors may determine ...
- Texas Water Code Section 59.023 - Issuance Of Bonds
The district may issue bonds for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, ...
- Texas Water Code Section 59.024 - Exclusion Of Certain Municipal Districts
(a) A municipal district may be excluded from the district as provided by this section. (b) To be excluded, the board of directors of the ...
- Texas Water Code Section 59.025 - Confirmation Election
(a) Before a district may be created pursuant to a petition granted by the commission, a confirmation election must be held within the boundaries of ...
- Texas Water Code Section 59.051 - Adding Land By Petition Of Less Than All Landowners
In addition to the method of adding land to a district described in Section 59.052, defined areas of land, regardless of whether they are contiguous ...
- Texas Water Code Section 59.052 - Filing Of Petition
A petition requesting the annexation of a defined area that is signed by a majority in value of the owners of land in the defined ...
- Texas Water Code Section 59.053 - Dissolution Of District Before Issuance Of Bonds
(a) If the board considers it advisable before the issuance of any bonds, the board may dissolve the district and liquidate the affairs of the ...
- Texas Water Code Section 59.054 - Judicial Review Of Board's Order
The board's order to dissolve the district may be judicially reviewed as provided in Chapter 49. Added by Acts 1995, 74th Leg., ch. 715, § ...
- Texas Water Code Section 59.071 - Annexation Or Incorporation By City
(a) If a city annexes all or any part of the territory within a district, or incorporates all or any part of any territory within ...
- Texas Water Code Section 59.072 - Other Laws
(a) This chapter prevails over any other law in conflict with or inconsistent with this chapter. (b) Except as specifically provided by this chapter, Chapter ...
- Texas Water Code Section 60.001 - Definitions
In this chapter: (1) "District" means a navigation district organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution. (2) ...
- Texas Water Code Section 60.002 - Audit
Subchapter G, Chapter 49, related to audit of districts, shall apply to districts governed by this chapter. Added by Acts 1995, 74th Leg., ch. 715, ...
- Texas Water Code Section 60.003 - Authority To Contract For The Operation Or Development Of A District
A district may contract with any person, foreign or domestic, necessary or convenient to the operation or development of the district's ports and waterways. Added ...
- Texas Water Code Section 60.011 - Creation Of Retirement, Disability, And Death Compensation Fund
(a) The commission of any district created under this code or by special law may provide for and administer a retirement, disability, and death compensation ...
- Texas Water Code Section 60.012 - Investment Of Funds
(a) Money in the retirement, disability, and death compensation fund shall be invested as provided in Subsections (b) and (c) of this section, and the ...
- Texas Water Code Section 60.013 - Eligibility For Other Pension Funds
The recipients or beneficiaries of a fund created under Section 60.011 of this code shall not be eligible for any other pension retirement funds or ...
- Texas Water Code Section 60.014 - Hospitalization And Medical Benefits
(a) The commission may include hospitalization and medical benefits for officers and employees as part of the compensation paid to the officers and employees. (b) ...
- Texas Water Code Section 60.031 - Application Of Subchapter
The provisions of this subchapter shall apply to any district not participating with the United States in a navigation project. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 60.032 - Authority To Construct Improvements
The district may construct out of any of its funds, except interest and sinking funds, turning, storage, or yacht basins, harbors, or any facilities which ...
- Texas Water Code Section 60.033 - Use Of Equipment
(a) This subchapter does not authorize a district to borrow or receive money or to levy taxes for the purpose of building tugs, barges, scows, ...
- Texas Water Code Section 60.034 - Oil, Gas, And Mineral Leases
The commission may lease for oil, gas, and minerals rights-of-way, spoil grounds, spoil basins, or any other land owned by a navigation district if it ...
- Texas Water Code Section 60.035 - Notice Of Oil, Gas, And Mineral Lease
(a) Before a lease may be executed by the commission under Section 60.034 of this code, the commission shall have a notice requesting bids on ...
- Texas Water Code Section 60.036 - Security For Bid On Oil, Gas, Or Mineral Leases
Each bid submitted shall be accompanied by a certified check, cashier's check, or bidder's bond with a responsible corporate surety authorized to do business in ...
- Texas Water Code Section 60.037 - Award And Execution Of Oil, Gas, And Mineral Leases
(a) The commission may lease all or any part of land advertised for lease under Section 60.035 of this code. (b) The lease shall be ...
- Texas Water Code Section 60.038 - Sale Or Lease Of Land
(a) A district may sell or lease all or any part of land owned by it, whether the land is acquired by gift or purchase, ...
- Texas Water Code Section 60.039 - Surface Lease For Not More Than 30 Years
The commission may lease the surface of land for not more than 30 years by the entry of an order on the minutes of the ...
- Texas Water Code Section 60.040 - Publication Of Notice For Sales And Leases In Excess Of 30 Years
Before making a sale or lease of land for more than 30 years, the commission shall publish a notice in the manner provided in Section ...
- Texas Water Code Section 60.041 - Security For Bids On Land To Be Sold Or Leased For More Than 30 Years
Each bid submitted on land to be sold or leased for more than 30 years shall be accompanied by a certified check, cashier's check, or ...
- Texas Water Code Section 60.042 - Award And Execution Of Deed Or Lease In Excess Of 30 Years
(a) After notice is published under Section 60.040 of this code, the commission may sell or lease all or any part of the land to ...
- Texas Water Code Section 60.043 - Power Over Waterways
(a) The commission shall have absolute control over channels, or other waterways within the corporate limits of the district and turning basins, yacht basins, and ...
- Texas Water Code Section 60.044 - Law Governing Commission
The commission of any district operating under this subchapter shall be governed by the provisions of Sections 63.087-63.088 and 63.090-63.094 of this code. Acts 1971, ...
- Texas Water Code Section 60.071 - General Rule-Making Authority
The commission of a district which owns, operates, and maintains wharves, docks, piers, sheds, warehouses, and other similar terminal facilities which are not located inside ...
- Texas Water Code Section 60.072 - Specific Powers Of Districts
To accomplish the purposes stated in Section 60.071 of this code, the commission may exercise the following powers: (1) control the operation of all types ...
- Texas Water Code Section 60.073 - Enforcement
The commission may provide by ordinance for the enforcement of the provisions of this subchapter and of any ordinance, rule, or regulation made under this ...
- Texas Water Code Section 60.074 - Style Of Ordinances
The style of an ordinance enacted by the commission shall be: "Be it ordained by the navigation and canal commissioners of the __________" (inserting the ...
- Texas Water Code Section 60.075 - Publication Of Ordinance, Rule, Or Regulation; Proof Of Publication
(a) Each ordinance, rule, or regulation enacted by the commission under this subchapter which imposes a fine or other penalty shall be published in every ...
- Texas Water Code Section 60.076 - Conflict With Law
No ordinance, rule or regulation adopted by a district under this subchapter may conflict with any law, statute, rule, or regulation of this state. Acts ...
- Texas Water Code Section 60.077 - Authority Of Peace Officers
In prosecutions involving the enforcement of the provisions of this subchapter or the enforcement of any ordinance, rule, or regulation of the district, any sheriff, ...
- Texas Water Code Section 60.0775 - Police Reserve Force
(a) The commission of a district that has established a police force may establish a volunteer police reserve force. (b) The commission shall establish qualifications ...
- Texas Water Code Section 60.078 - Penalties
A violation of this subchapter or of an ordinance, rule, or regulation adopted by a district under this subchapter is a misdemeanor, and the commission ...
- Texas Water Code Section 60.079 - Jurisdiction Of Violations
Any justice court in the justice precinct in which an offense under this subchapter is alleged to have been committed or in any county court ...
- Texas Water Code Section 60.101 - Acquisition And Maintenance Of Port Facilities
(a) Any district may acquire land or interests in land by purchase, lease, or otherwise, may convey the land or interest in the land by ...
- Texas Water Code Section 60.102 - Utility Relocation
(a) If a district in the exercise of the powers conferred by this subchapter or in the exercise of the power of eminent domain or ...
- Texas Water Code Section 60.103 - Prescribing Fees And Charges
The commission shall prescribe fees and charges to be collected for the use of the land, improvements, and facilities of the district and for the ...
- Texas Water Code Section 60.104 - Power To Borrow Money
(a) The commission, for the purposes stated in Subsection (b) of this section, may borrow money from the United States or from any other source ...
- Texas Water Code Section 60.105 - Expenses To Be Paid From Current Revenues
(a) The commission shall pay from revenue raised under Section 60.103 of this code: (1) all expenses necessary to the operation and maintenance of the ...
- Texas Water Code Section 60.106 - Pledge Of Revenue For Payment Of Obligations
(a) In proceedings to authorize the issuance of obligations under this subchapter, the district may make the obligations payable from and secured by the pledge ...
- Texas Water Code Section 60.107 - Mortgage As Additional Security
(a) As additional security for the payment of any obligations issued under this subchapter, the commission may execute in favor of the holders of the ...
- Texas Water Code Section 60.108 - Issuance Of Obligations
(a) The commission may provide that obligations issued under this subchapter are payable annually or semiannually and may issue the obligations in any denominations and ...
- Texas Water Code Section 60.109 - Sinking Fund
(a) A resolution or an order authorizing the issuance of obligations under this subchapter shall provide for the creation of a sinking fund which shall ...
- Texas Water Code Section 60.110 - Revenue Set Aside For Sinking Fund
(a) A resolution or an order authorizing the issuance of obligations under this subchapter shall provide that the revenue from which the obligations are to ...
- Texas Water Code Section 60.111 - Deposit Of Proceeds Of Obligations; Payment
(a) The proceeds of the sale of any obligations issued under this subchapter may be deposited in a bank or banks and paid out on ...
- Texas Water Code Section 60.112 - Insuring Improvements To Protect Holders Of Obligations
(a) The commission may enter into agreements with purchasers of any obligations issued under this subchapter to insure improvements and facilities, the revenue of which ...
- Texas Water Code Section 60.113 - Compelling Performance Of Duties
A holder of obligations issued under this subchapter or coupons originally attached to the obligations may by any legal proceeding enforce and compel performance of ...
- Texas Water Code Section 60.114 - Obligations Exempt From Taxation
Any obligations issued under this subchapter shall be exempt from taxation by the State of Texas, any municipal corporation, any county, and or any other ...
- Texas Water Code Section 60.115 - Refunding Obligations
(a) A district issuing obligations under the provisions of this subchapter may authorize issuance of its refunding obligations on terms its commission considers advisable for ...
- Texas Water Code Section 60.116 - Approval And Registration Of Bonds
(a) Bonds issued under this subchapter shall be submitted to the Attorney General of Texas for his approval in the same manner and with the ...
- Texas Water Code Section 60.117 - Bonds As Investments
Bonds authorized and issued under this subchapter are legal and authorized investments for life insurance companies authorized to do business in Texas. Acts 1971, 62nd ...
- Texas Water Code Section 60.118 - Board Of Trustees Of Facility
(a) A district which constructs, purchases, or otherwise acquires or plans to construct, purchase, or otherwise acquire any facility authorized in Section 60.101 of this ...
- Texas Water Code Section 60.119 - Covenants For Management And Operation Of Improvements
(a) A resolution or order authorizing the issuance of obligations under this subchapter may include covenants with the holders of the obligations relating to: (1) ...
- Texas Water Code Section 60.120 - Contracts, Leases, And Agreements Authorized
(a) A district acting under the provisions of this subchapter may enter into any contract, lease, or agreement necessary or convenient to carry out any ...
- Texas Water Code Section 60.121 - Conversion Of District
(a) If the commission of any district organized under Article III, Section 52, of the Texas Constitution, finds it expedient to convert the district into ...
- Texas Water Code Section 60.122 - Improvements Not Payable From Taxes
(a) No district, in the operation, maintenance, or repair of any improvements or facilities acquired, purchased, or constructed under the provisions of this subchapter, shall ...
- Texas Water Code Section 60.123 - Pilot And Pilotage Laws Unaffected
No provision of this subchapter may be construed to amend, repeal, or affect the laws relating to pilots and pilotage or their appointment and remuneration. ...
- Texas Water Code Section 60.151 - Purpose
It is the purpose and intent of this subchapter to confer on districts individually, jointly, or mutually interested in a navigation project, including a project ...
- Texas Water Code Section 60.152 - Authority To Enter Into Contract
(a) One or more districts, which are interested in or may, in the judgment of the commission, be benefited by a navigation or other project, ...
- Texas Water Code Section 60.153 - Execution Of Contracts
A contract entered into by a district under this subchapter shall be approved by resolution of the commission, executed by the presiding officer of the ...
- Texas Water Code Section 60.171 - Authority To Borrow Money And Encumber Property And Franchise
(a) A district organized under the provisions of the constitution or laws of this state and created for the development of deep water navigation may ...
- Texas Water Code Section 60.172 - Notice Of Hearing On Indebtedness
(a) When, for the purposes authorized by Section 60.171 of this code, a commission proposes to borrow money and mortgage and encumber any part or ...
- Texas Water Code Section 60.173 - Hearing On Indebtedness
(a) At the time and place set for the hearing or on a subsequent date, the commission shall hear and determine all matters concerning the ...
- Texas Water Code Section 60.174 - Issuance Of Obligations
(a) The district may issue evidences of indebtedness secured by encumbrance which mature not more than 20 years after the date of issuance. (b) The ...
- Texas Water Code Section 60.175 - Execution And Sale Of Obligations
(a) Each note, warrant, or other security evidencing any indebtedness created under the provisions of this subchapter shall be signed by the chairman of the ...
- Texas Water Code Section 60.176 - Obligations As Charge On Encumbered Property And Facilities
(a) No obligation issued under Section 60.174 of this code shall be a debt of the district issuing the obligation but shall be solely a ...
- Texas Water Code Section 60.177 - Lien On Revenue; Foreclosure Of Encumbrance
(a) If the revenue and income from the properties and facilities of the district are encumbered under the provisions of this subchapter, the expense of ...
- Texas Water Code Section 60.178 - Trustee To Enforce Foreclosure; Franchise Under Foreclosure
(a) The encumbrance may provide for a trustee to enforce foreclosure. (b) In the event of foreclosure of an encumbrance created under this subchapter, the ...
- Texas Water Code Section 60.179 - Borrowing For Current Expenses
The district may borrow funds and issue warrants to pay current expenses. The warrants issued shall be payable not later than the close of any ...
- Texas Water Code Section 60.180 - Management And Control By Commission
The management and control of any property and facilities encumbered under the provisions of this subchapter shall, during the time of the encumbrance, be exercised ...
- Texas Water Code Section 60.181 - Proceedings To Borrow Money
(a) The commission shall supervise all proceedings to be taken and acts to be performed under this subchapter concerning the borrowing of money, the mortgaging ...
- Texas Water Code Section 60.201 - Purpose
Districts in this state which operate ports or waterways and harbor and terminal facilities are in keen competition with other ports, waterways, harbors, and terminals ...
- Texas Water Code Section 60.202 - Creation Of Fund
A district organized under general or special law may set aside out of current income from its operations a promotion and development fund of not ...
- Texas Water Code Section 60.203 - Expenditure Of Fund
Money in the promotion and development fund shall be spent by the commission or as the commission may direct to pay any expenses connected with: ...
- Texas Water Code Section 60.204 - Management And Control Of Promotion And Development Fund
(a) The money in the promotion and development fund shall be kept separate from all other funds and accounts of the district, and no money ...
- Texas Water Code Section 60.205 - Other Expenses Not Affected
Since this subchapter authorizes disbursements from the promotion and development fund for unusual purposes and occasions not covered by other law, the setting aside of ...
- Texas Water Code Section 60.221 - Modification Of Revenue Bond Resolution
If a district adopts a resolution for the issuance of revenue bonds, provision may be made in the resolution for its modification after the issuance ...
- Texas Water Code Section 60.241 - Authority To Convert
Any district created under the provisions of Article III, Section 52, of the Texas Constitution may be converted into a district operating under Article XVI, ...
- Texas Water Code Section 60.242 - Resolution
(a) The navigation board shall adopt a resolution declaring that in its judgment conversion to a district operating under Article XVI, Section 59, of the ...
- Texas Water Code Section 60.243 - Notice Of Resolution
(a) Notice of the resolution shall be given by publishing notice once a week for two consecutive weeks in a newspaper with general circulation in ...
- Texas Water Code Section 60.244 - Findings
(a) After the hearing, if the navigation board finds that conversion to a district operating under Article XVI, Section 59, of the Texas Constitution, would ...
- Texas Water Code Section 60.245 - Status Of Converted District
A district which is converted under the provisions of this subchapter shall be constituted a district operating under Article XVI, Section 59, of the Texas ...
- Texas Water Code Section 60.246 - Powers Of Converted District
(a) Nothing in this subchapter shall be construed to deprive a converted district of any powers conferred on it by the law under which it ...
- Texas Water Code Section 60.247 - Optional Election
(a) If the navigation board finds in favor of the conversion of the district but pursuant to Subsection (b) of Section 60.244 of this code ...
- Texas Water Code Section 60.248 - Effect Of Election
If the commissioners court finds that a majority of those voting at the election voted in favor of the proposition, the court shall declare the ...
- Texas Water Code Section 60.249 - Effect Of Optional Conversion
(a) If the conversion is approved by the voters, as provided in Sections 60.247 through 60.248 of this code, the district shall have the same ...
- Texas Water Code Section 60.271 - Selection Of Depository
(a) Except as provided by this section, the commission shall select a depository for the district in the same manner that a municipality selects a ...
- Texas Water Code Section 60.272 - Depository Bond
The depository shall have all the powers and duties in the execution of a depository bond and in pledging of collateral in lieu of or ...
- Texas Water Code Section 60.273 - Treasurer's Bond
After the depository executes the bond and it is approved by the commission, the county treasurer shall be required to execute only such a bond ...
- Texas Water Code Section 60.301 - Authority To Issue Refunding Bonds
The governing body of any district may refund the bonded indebtedness of the district without a vote of the electors of the district in the ...
- Texas Water Code Section 60.331 - Classes Of Bonds Authorized
For the purpose of carrying out any one or more powers of a district, the governing body of any district may issue negotiable bonds of ...
- Texas Water Code Section 60.332 - Issuance Of Bonds
(a) Any district may issue bonds provided in Subdivision (2), Section 60.331 of this code, by action of its governing body and without the necessity ...
- Texas Water Code Section 60.333 - Form Of Bonds
(a) Bonds of the district shall be authorized by resolution adopted by the governing board and shall be signed by the presiding officer or assistant ...
- Texas Water Code Section 60.334 - Maturity Of Bonds
Bonds shall mature serially or otherwise within the period and at the times which may be prescribed in the resolution, but not to exceed a ...
- Texas Water Code Section 60.335 - Registered And Bearer Bonds
The bonds may be registered as to principal or as to both principal and interest, and appropriate provisions may be inserted in the resolution authorizing ...
- Texas Water Code Section 60.336 - Lost And Destroyed Bonds
Provisions may be made in the bond resolution or trust indenture for the substitution of new bonds for those lost or mutilated. Added by Acts ...
- Texas Water Code Section 60.337 - Approval Of Converted Or Substituted Bonds
When bonds are approved by the attorney general and registered by the comptroller as prescribed in Section 60.345 of this code, it shall not be ...
- Texas Water Code Section 60.338 - Bonds Secured By Revenues
(a) Bonds secured wholly or in part by a pledge of the revenues of the district may be secured by all or that part of ...
- Texas Water Code Section 60.339 - Bonds Payable From Taxes
Where bonds are issued payable wholly from taxes, it is the duty of the governing body at the time of the bonds authorization to levy ...
- Texas Water Code Section 60.340 - Bonds Payable From Both Taxes And Revenues
(a) Where the bonds are payable both from taxes and from revenues of the district a tax shall be levied at the time of the ...
- Texas Water Code Section 60.341 - Rates, Tolls, And Charges
(a) Where bonds are payable wholly from revenues, the governing body shall fix and from time to time revise the rates, tolls, and charges from ...
- Texas Water Code Section 60.342 - Use Of Bond Proceeds
(a) From the proceeds of the sale of any issue of bonds the district may set aside an amount for the payment of interest anticipated ...
- Texas Water Code Section 60.343 - Interim Bonds
Pending the issuance of definitive bonds the governing body may authorize the delivery of negotiable interim bonds or notes eligible for exchange or substitution by ...
- Texas Water Code Section 60.344 - Refunding Bonds
(a) The district is authorized to issue refunding bonds for the purpose of refunding any outstanding bonds and interest on them, authorized by this subchapter ...
- Texas Water Code Section 60.345 - Approval And Incontestability Of Bonds
(a) No bonds shall be issued by the district until they shall have been approved by the attorney general. (b) After the bonds have been ...
- Texas Water Code Section 60.346 - Additional Security
(a) Any bonds, including refunding bonds, authorized by this subchapter, and not payable wholly from ad valorem taxes, may be additionally secured by a trust ...
- Texas Water Code Section 60.347 - Investment Of Bond Proceeds
(a) The proceeds from the sale of any issue of bonds may, within the discretion of the board, be invested prior to their use for ...
- Texas Water Code Section 60.348 - Bonds As Investments
(a) All bonds issued pursuant to this subchapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust ...
- Texas Water Code Section 60.349 - Effect Of Subchapter
This subchapter shall be wholly sufficient authority within itself for the issuance of the bonds and the performance of the other acts and procedures authorized ...
- Texas Water Code Section 60.401 - Application Of Subchapter
(a) This subchapter applies to a port authority district only if the port commission of that district or port authority by resolution adopts this subchapter. ...
- Texas Water Code Section 60.402 - Definitions
In this chapter: (1) "Port authority" means a port authority created or operating under Article III, Section 52, or Article XVI, Section 59, of the ...
- Texas Water Code Section 60.403 - Contracts: Purchases
(a) A port commission, authorized designated officer of the port commission, or authorized designated employee of a port authority or district may make routine purchases ...
- Texas Water Code Section 60.4035 - Contracts: Emergency Purchases
(a) Notwithstanding Sections 60.404 and 60.406, the executive director of a port commission or an officer of a port commission authorized in writing by the ...
- Texas Water Code Section 60.404 - Competitive Bidding Requirements
(a) If the materials, supplies, machinery, equipment, or other items to be purchased or contracted for exceed $25,000, notice shall be published as provided by ...
- Texas Water Code Section 60.405 - Proposal Procedures
(a) Insurance or high technology items may be purchased under the procedure provided by this section. (b) Quotations shall be solicited through a request for ...
- Texas Water Code Section 60.406 - Competitive Bidding And Proposal Procedures Required For Certain Contracts
(a) Before a district or port authority may purchase one or more items under a contract that will require an expenditure of more than $25,000 ...
- Texas Water Code Section 60.407 - Opening Bids
(a) An official of the district or port authority shall open the bids on the date specified in the notice. If an error is discovered ...
- Texas Water Code Section 60.408 - Contract Award
(a) The bids shall be presented to the port commission in session. (b) The port commission may award the contract to the responsible bidder submitting ...
- Texas Water Code Section 60.409 - Pricing Method
(a) A purchase may be proposed on a lump-sum or unit-price basis or a combination of a lump-sum basis and a unit-price basis. (b) If ...
- Texas Water Code Section 60.410 - Changes In Plans And Specifications
(a) A port commission may change the plans, specifications, proposal, or quantities of items purchased after a contract has been awarded, but the total contract ...
- Texas Water Code Section 60.411 - Bond Requirements
(a) If a contract is for the construction of public works or a contract amount exceeds $50,000, the bid specifications or request for proposal may ...
- Texas Water Code Section 60.4115 - Notification Of Safety And Environmental Record Of Contractor
(a) A person that enters into a contract with a district or port authority shall provide, at the request of the district or port authority, ...
- Texas Water Code Section 60.412 - Exemptions
(a) A contract for a purchase is exempt from the requirements of Sections 60.404 and 60.405 if a contract is for the purchase of: (1) ...
- Texas Water Code Section 60.4125 - Alternative Methods For Certain Purchases Or Contracts
(a) Notwithstanding the other provisions of this subchapter or any other law, a district or port authority may make a purchase or enter into a ...
- Texas Water Code Section 60.413 - Criminal Penalty
(a) Except as provided by Subsection (b) of this section, a district or port authority officer or employee commits an offense if the person knowingly ...
- Texas Water Code Section 60.414 - Application Of Other Law
If a district or port authority is subject to the requirements of Chapter 770, Acts of the 66th Legislature, Regular Session, 1979 (Article 2368a.3, Vernon's ...
- Texas Water Code Section 60.451 - Definitions
In this subchapter: (1) "Architect" has the meaning assigned by Section 1051.001, Occupations Code. (2) "Contractor" in the context of a contract for the construction, ...
- Texas Water Code Section 60.452 - Applicability Of Subchapter; Other Law
(a) This subchapter does not apply to a contract solely for professional services rendered, including services of an architect, attorney, or fiscal agent. (b) If ...
- Texas Water Code Section 60.453 - Authority To Adopt Rules
The commission of a district may adopt rules and procedures for the acquisition of goods or services. Added by Acts 2003, 78th Leg., ch. 307, ...
- Texas Water Code Section 60.454 - Purchasing Contract Methods
Notwithstanding any other provision of this chapter or other law, a district contract valued at $25,000 or more in the aggregate for each 12-month period ...
- Texas Water Code Section 60.455 - Right To Reject All Bids
A district that requests bids or proposals under any of the methods provided by this subchapter may reject any and all bids or proposals submitted. ...
- Texas Water Code Section 60.456 - Notice Requirements
For a contract entered into by a district under any of the methods provided by this subchapter, the district shall publish notice of the time ...
- Texas Water Code Section 60.457 - Delegation
(a) The commission of a district may, as it considers appropriate, delegate its authority under this subchapter regarding an action authorized or required by this ...
- Texas Water Code Section 60.458 - Purchase Contract Award Criteria
Except as provided by this subchapter, in determining to whom to award a contract, the district may consider: (1) the purchase price; (2) the reputation ...
- Texas Water Code Section 60.459 - Evaluation Of Bids And Proposals For Construction Services
(a) The commission of a district that is considering a construction contract using a method specified by Section 60.454 must, before advertising, determine which method ...
- Texas Water Code Section 60.460 - Design-Build Contracts For Facilities
(a) A district may award a design-build contract for the construction, rehabilitation, alteration, or repair of a facility provided that the contracting district and the ...
- Texas Water Code Section 60.461 - Contracts For Facilities: Construction Manager-Agent
(a) A district may award a contract to a construction manager-agent for the construction, rehabilitation, alteration, or repair of a facility provided that the construction ...
- Texas Water Code Section 60.462 - Contracts For Facilities: Construction Manager-At-Risk
(a) A district may award a contract to a construction manager-at-risk for the construction, rehabilitation, alteration, or repair of a facility provided that the construction ...
- Texas Water Code Section 60.463 - Selecting Contractor For Construction Services Through Competitive Sealed Proposals
(a) In selecting a contractor for construction, rehabilitation, alteration, or repair services for a facility through competitive sealed proposals, a district shall follow the procedures ...
- Texas Water Code Section 60.464 - Job Order Contracts For Facilities Construction Or Repair
(a) A district may award job order contracts for the construction, repair, rehabilitation, or alteration of a facility if the work is of a recurring ...
- Texas Water Code Section 60.465 - Expiration
This subchapter expires September 1, 2013. Added by Acts 2003, 78th Leg., ch. 307, § 1, eff. June 18, 2003. ...
- Texas Water Code Section 60.481 - Definitions
In this subchapter: (1) "Governing body" means the governing body of a port authority or navigation district. (2) "Vendor" means a person who provides goods ...
- Texas Water Code Section 60.482 - Applicability Of Subchapter
This subchapter applies only to a port authority or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas ...
- Texas Water Code Section 60.483 - Vendor Requirements
(a) This section applies to a vendor who: (1) responds to a port authority or navigation district request for a proposal; or (2) otherwise communicates ...
- Texas Water Code Section 60.484 - Disclosure Of Vendor Relationship By Members Of Governing Body
(a) The governing body by rule shall design a conflicts disclosure statement for members of the governing body that includes: (1) a requirement that each ...
- Texas Water Code Section 60.501 - Safety And Security Procedures; No New Duties
The adoption and use by a district of a safety or security code, policy, or manual does not create any new or additional legal duties ...
- Texas Water Code Section 61.001 - Definitions
In this chapter: (1) "District" means a navigation district created under Article III, Section 52, of the Texas Constitution. (2) "Commission" means the navigation and ...
- Texas Water Code Section 61.021 - Creation
A navigation district may be created as provided in this chapter to operate under Article III, Section 52 of the Texas Constitution. Acts 1971, 62nd ...
- Texas Water Code Section 61.022 - Area Included In District
A district may include all or part of a village, town, or municipal corporation, but may not include more than all or parts of two ...
- Texas Water Code Section 61.023 - District May Include Road District
On petition signed by a majority of the property taxpayers who reside in the special road district, a district which includes all or parts of ...
- Texas Water Code Section 61.024 - Petition To Create Single-County District
(a) To create a district located wholly in one county, a petition, signed by 25 of the resident property taxpayers, or if there are fewer ...
- Texas Water Code Section 61.025 - Petition To Create District In Two Counties
(a) If the proposed district is located in two counties, the petition shall be presented to the commissioners court of the county which includes the ...
- Texas Water Code Section 61.026 - Deposit
(a) The petition shall be accompanied by $500 in cash, which shall be deposited with the clerk of the commissioners court. (b) The money shall ...
- Texas Water Code Section 61.027 - Hearing
(a) On presentation of the petition, the commissioners court shall order a hearing to be held at a regular or special term of the commissioners ...
- Texas Water Code Section 61.028 - 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 ...
- Texas Water Code Section 61.029 - Hearing By 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 ...
- Texas Water Code Section 61.030 - 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, ...
- Texas Water Code Section 61.031 - 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 ...
- Texas Water Code Section 61.032 - 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 ...
- Texas Water Code Section 61.033 - Election Order
(a) If the commissioners court or the board finds in favor of the establishment of the district and the issuance of bonds and levy of ...
- Texas Water Code Section 61.034 - Elections
(a) When an election is held under this chapter, notice shall be posted for 30 days before the election in the manner provided for posting ...
- Texas Water Code Section 61.035 - Ballots
The ballots for the election shall be printed to provide for voting for or against the proposition: "The creation of a navigation district and the ...
- Texas Water Code Section 61.036 - Declaration Of Result
If the proposition carries at the election, the commissioners court shall enter the following declaration in its minutes: "Commissioners Court of __________ County, Texas, __________ ...
- Texas Water Code Section 61.071 - Appointment Of Commissioners
After a district is created, the commissioners court or the board, by majority vote, shall biennially appoint three commissioners to the commission. Acts 1971, 62nd ...
- Texas Water Code Section 61.072 - Organization: Quorum
The commission shall organize by electing one of their number chairman and one secretary. Two of the commissioners shall constitute a quorum, and a concurrence ...
- Texas Water Code Section 61.073 - 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 ...
- Texas Water Code Section 61.074 - Term Of Office, Removal, And Succession
(a) Each commissioner shall hold office for four years and until his successor has qualified, unless sooner removed by a majority vote of the commissioners ...
- Texas Water Code Section 61.075 - Commissioner's Oath
Each commissioner shall subscribe an oath before the county judge of the county of jurisdiction to discharge faithfully the duties of his office without favor ...
- Texas Water Code Section 61.076 - Commissioner's Bond
Each commissioner shall execute a good bond for $1,000, payable to the county judge for the use and benefit of the district and conditioned on ...
- Texas Water Code Section 61.077 - Commissioners' Compensation
The commissioners are entitled to receive for their services compensation fixed by the commissioners court and entered in the record. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 61.078 - 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. ...
- Texas Water Code Section 61.079 - District Treasurer's Bond
(a) Before receiving the proceeds of any district bonds and before receiving any district funds from any source, the district treasurer shall execute a good ...
- Texas Water Code Section 61.080 - District Treasurer's Compensation
The district treasurer shall be entitled to receive for his services an amount fixed by the commission. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 61.081 - Duties Imposed Without Compensation
The duties and powers conferred on county, city and other officers under this chapter are a part of the legal duty of the officers which ...
- Texas Water Code Section 61.082 - Court Actions
(a) The district, by and through its commission, may sue and be sued in any court in this state in the name of the district. ...
- Texas Water Code Section 61.111 - Purposes Of District
A district may: (1) improve rivers, bays, creeks, streams, and canals inside or adjacent to the district; (2) construct and maintain canals and waterways to ...
- Texas Water Code Section 61.112 - Employees And Counsel
(a) The commission may employ assistant engineers and other employees which are necessary and may determine their compensation. (b) The commission may retain counsel to ...
- Texas Water Code Section 61.113 - Authority To Go On Land
The commissioners and engineers, together with all necessary teams, help, tools and instruments, may go on any land located inside the district for the purpose ...
- Texas Water Code Section 61.114 - Penalty For Prohibiting Entry To Land
Any person who wilfully prevents or prohibits any officer listed in Section 61.113 of this code from entering land for the purposes stated in that ...
- Texas Water Code Section 61.115 - Acquisition Of Property
The commission may acquire by gift, grant, purchase, or condemnation any necessary rights-of-way and property for necessary improvements contemplated by the district. Acts 1971, 62nd ...
- Texas Water Code Section 61.116 - Lease Of State Owned Lands And Flats
(a) Any district organized under this chapter or any special law or any general law under which navigation districts may be created may apply for ...
- Texas Water Code Section 61.117 - Limitations On Sales And Use Of State Lands And Flats
(a) The State of Texas shall retain its rights in all mines and minerals, including oil, gas, and geothermal resources, in and under the land, ...
- Texas Water Code Section 61.118 - Construction Contracts
(a) Except as provided in this section, the provisions of Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925, governing water control and preservation ...
- Texas Water Code Section 61.119 - Interest In Contract Of Navigation District
If the county judge, a county commissioner, a member of the board or the commission, or the engineer shall directly or indirectly become interested in ...
- Texas Water Code Section 61.120 - Laws Governing Certain Functions Of District
Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925, relating to eminent domain, employment and duties of the district engineer, cooperation with the federal ...
- Texas Water Code Section 61.151 - Authority To Operate And Develop Port Facilities
(a) A district created for the development of deep-water navigation which includes a city with a population of more than 100,000, according to the last ...
- Texas Water Code Section 61.152 - Petition
(a) If the board decides to exercise the rights, powers, and authority provided in this subchapter, it shall certify this desire to the commissioners court ...
- Texas Water Code Section 61.153 - Hearing: Testimony
Any person who may be affected may appear before the board on the day of the hearing and contest the necessity, advisability, or practicability of ...
- Texas Water Code Section 61.154 - Election Order
After the hearing, if the board determines that the election should be held, the commissioners court shall order an election to determine whether or not ...
- Texas Water Code Section 61.155 - Ballots
The ballots for the election shall be printed to provide for voting for or against the following proposition: "The development of the port by the ...
- Texas Water Code Section 61.156 - Election Expense
The district shall pay the expense of the election. Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971. ...
- Texas Water Code Section 61.157 - Declaration Of Results
If the result of the election favors the development of a port by the district, the commissioners court shall declare the result and shall enter ...
- Texas Water Code Section 61.158 - Appointment Of Commissioners
(a) If the provisions of this subchapter are adopted by a district, the district shall be managed, governed, and controlled by a commission composed of ...
- Texas Water Code Section 61.159 - Term Of Office: Removal: Succession
(a) Except for the original appointments, each commissioner shall serve for a term of two years and until his successor is qualified. (b) One of ...
- Texas Water Code Section 61.160 - Qualifications; Compensation; Authority
(a) Each commissioner shall be a freehold property taxpayer and a qualified elector in the district. (b) Each commissioner shall execute a bond and shall ...
- Texas Water Code Section 61.161 - Eminent Domain
(a) The district may exercise the power of eminent domain. (b) A district created under this chapter may elect to take advantage of the condemnation ...
- Texas Water Code Section 61.162 - Lease And Rental Of Facilities
A district may acquire and take over, by lease or rental agreements, for a period of not less than 25 years, the docks, wharves, buildings, ...
- Texas Water Code Section 61.163 - Unimproved Land
(a) A district which acquires, leases, or takes over unimproved land owned or controlled by any incorporated municipality, may pay for the use, rental, or ...
- Texas Water Code Section 61.164 - Franchises
(a) The district may grant franchises to persons or corporations on property owned or controlled by the district if the franchises are granted for purposes ...
- Texas Water Code Section 61.165 - Franchise Election
If the commission determines that a proposed franchise should be submitted to a vote of the people, it shall so certify to the commissioners court, ...
- Texas Water Code Section 61.166 - Ballots
(a) The ballot shall explain the nature of the franchise sufficiently to identify it. (b) The ballots shall be printed to provide for voting for ...
- Texas Water Code Section 61.167 - Election Result
If at the election a majority of those voting approve the franchise, it shall be granted. If those voting do not approve the franchise, it ...
- Texas Water Code Section 61.168 - Petition Protesting Franchise
The franchise may be suspended from taking effect if, before the date when the franchise is granted, a petition signed by qualified voters of the ...
- Texas Water Code Section 61.169 - Contracts
The provisions governing the award of contracts by districts shall apply in all cases consistent with the provisions of this subchapter except that in case ...
- Texas Water Code Section 61.170 - Authority To Incur Debt
(a) The district may issue bonds for the purposes stated in Section 61.151 of this code and for the purpose of (1) acquiring necessary land, ...
- Texas Water Code Section 61.171 - Bonds
(a) On compliance with the provisions of this subchapter the district may issue bonds to pay for the improvements and facilities and to acquire the ...
- Texas Water Code Section 61.172 - Financing Purchases
(a) The commission may have issued in the manner provided in this chapter bonds of the district in an amount that represents the purchase price ...
- Texas Water Code Section 61.173 - Election On The Purchase Of Facilities
(a) No bonds shall be issued or tax levied until the question of purchase of the facilities is submitted to a vote of the people ...
- Texas Water Code Section 61.174 - Employees; County Auditor, Duties And Compensation
(a) The commission may employ all persons necessary for the construction, maintenance, operation, and development of the business and facilities of the district and may ...
- Texas Water Code Section 61.175 - Powers
(a) A district operating under this subchapter shall have all the rights, powers, and authority granted by this chapter and shall have all the authority ...
- Texas Water Code Section 61.176 - City Police Powers
Nothing in this subchapter shall repeal or affect the police powers of any municipality inside the district, or any law, ordinance, or regulation authorizing and ...
- Texas Water Code Section 61.211 - Maintenance Fund
(a) After the district is created all expenses necessarily incurred after the petition was filed in connection with the creation, establishment, and maintenance of the ...
- Texas Water Code Section 61.212 - District Depository
The commission shall select a depository for the district as provided by Section 60.271. Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. ...
- Texas Water Code Section 61.231 - Issuance Of Bonds
When the commission determines the cost of the proposed improvements, the expenses incident to the improvements, and the cost of maintenance of the improvements, it ...
- Texas Water Code Section 61.232 - Limitation On Bond Issue
Outstanding bonds and additional bonds which are authorized may not be more than one-fourth of the assessed value of the real property in the district, ...
- Texas Water Code Section 61.233 - Requisites Of Bonds
(a) All bonds issued under the provisions of this subchapter shall be issued in the name of the district, signed by the county judge, and ...
- Texas Water Code Section 61.234 - Sale Of Bonds
(a) After the bonds are registered, the chairman of the commission shall offer them for sale and shall sell the bonds for the best price ...
- Texas Water Code Section 61.235 - Chairman's Bond
Before the chairman of the commission may sell the bonds, he shall execute a good bond, payable to the county judge and his successors, in ...
- Texas Water Code Section 61.236 - Tax Levy
(a) When bonds have been approved, the commissioners court annually shall levy and have assessed and collected improvement taxes sufficient to pay the interest on ...
- Texas Water Code Section 61.237 - Assessment And Collection Of Taxes
The tax assessor and collector of each county in the district shall assess and collect district taxes. Acts 1971, 62nd Leg., p. 110, ch. 58, ...
- Texas Water Code Section 61.238 - Additional Bond Issue
(a) If the proceeds of the original bonds are insufficient to complete the proposed improvements or construction, or if the commission decides to undertake further ...
- Texas Water Code Section 61.239 - Sinking Fund Investments
The commissioners court may invest the sinking fund in county, municipal, district, or other bonds approved by the attorney general. Acts 1971, 62nd Leg., p. ...
- Texas Water Code Section 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) ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 62.121 - Contracts And Obligations To Accomplish District Purposes And Exercise District Powers
(a) A district may enter into a contract with any person, including a municipality or other political subdivision in a county adjacent to the district, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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; ...
- Texas Water Code Section 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; ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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; ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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., ...
- Texas Water Code Section 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) ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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) ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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., ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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) ...
- Texas Water Code Section 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) ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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, ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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. ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 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 ...
- Texas Water Code Section 64.001 - Authorization Of The Ogallala Water Import Authority Of Texas
Pursuant to and as expressly authorized by Article XVI, Section 59, of the Texas Constitution, there may be created within the State of Texas a ...
- Texas Water Code Section 64.002 - Territory Included In Authority
The authority shall include all of the area in Texas that has beneath it the subsurface formation known as the Ogallala Formation as that area ...
- Texas Water Code Section 64.003 - Definitions
In this chapter: (1) "Authority" means The Ogallala Water Import Authority of Texas. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Import area" ...
- Texas Water Code Section 64.011 - Designation Of The Import Area
(a) On its own motion or on receiving a petition signed by at least 50 landowners in the proposed import area, the commission, after notice ...
- Texas Water Code Section 64.012 - Method Of Creating Authority; Name
After the import area has been defined and certified, the authority may be created. Except as otherwise provided in this chapter, the provisions of Chapter ...
- Texas Water Code Section 64.013 - Consent Of Districts Not Required
The consent of any district located wholly or partially in the import area is not required before the authority may be created. Added by Acts ...
- Texas Water Code Section 64.014 - Findings And Action By Commission
(a) If the commission finds, after public hearing, that the authority is feasible and practicable, that it would be a benefit to the area included ...
- Texas Water Code Section 64.015 - Dividing Authority Into Precincts
At the time a petition for creation is granted, the commission, in its order, shall divide the authority into 15 precincts, with each precinct having ...
- Texas Water Code Section 64.016 - Confirmation Of Authority
(a) Within 180 days from the effective date of the order of the commission granting the petition for creation of the authority, the board of ...
- Texas Water Code Section 64.051 - Governing Body
(a) The authority's powers and duties shall be exercised through a board of directors. The first directors shall be appointed by the commission in its ...
- Texas Water Code Section 64.052 - Qualification Of Directors
To be qualified for membership on the board, a person shall possess all qualifications to vote in a general election under Texas law and be ...
- Texas Water Code Section 64.053 - Board Action; Duties; Quorum; Compensation And Expenses
(a) The board shall perform official actions by motions or by resolutions, and a majority of its membership constitutes a quorum for transaction of business. ...
- Texas Water Code Section 64.054 - Officers
(a) The board shall elect annually from among its members a president of the board. The president shall preside at the meetings of the board ...
- Texas Water Code Section 64.055 - Advisory Council
(a) If the authority is confirmed, an advisory council is created with authority to make and submit recommendations to the board. (b) The advisory council ...
- Texas Water Code Section 64.056 - Executive Director; Employees
(a) The board may employ an executive director for the authority and may delegate full power and authority to him or her in the management ...
- Texas Water Code Section 64.057 - Authority Office
A regular office shall be established and maintained for the conduct of the authority's business which shall be at a location within the authority to ...
- Texas Water Code Section 64.091 - Purposes
The authority is created: (1) to obtain supplemental supplies of imported water for use on an equitable basis within the boundaries of the authority; (2) ...
- Texas Water Code Section 64.092 - General Powers
In addition to those specifically otherwise provided, the authority may exercise the following powers: (1) contract with the State of Texas or any state, the ...
- Texas Water Code Section 64.093 - Contracts With Districts
(a) The authority may cooperate with and enter into contracts with districts and persons for the purpose of supplying and selling water to them. A ...
- Texas Water Code Section 64.094 - Awarding Construction Or Purchase Contracts
(a) The authority shall comply with the requirements of Section 50.061 of this code when awarding a contract. (b) Contracts for personal or professional services, ...
- Texas Water Code Section 64.095 - Contracts With The United States, The State Of Texas, Or Their Agencies; Elections
(a) The authority may contract with the United States or the state and any of the agencies of either under any of the federal or ...
- Texas Water Code Section 64.096 - Municipal Utility District Laws Applicable When Not In Conflict
(a) All powers conferred by Chapter 54 of this code relating to municipal utility districts are applicable to the authority created under the provisions of ...
- Texas Water Code Section 64.097 - Land To Remain In Authority
Once land is included within the authority and the authority is confirmed, the land may not be removed from the authority except as provided in ...
- Texas Water Code Section 64.098 - Adoption Of Rules; Public Powers And Penalties
(a) The board may adopt and enforce rules, subject to the restrictions of Section 64.092(12) of this code, relating to the quality of all water ...
- Texas Water Code Section 64.099 - Appeal
(a) An interested person affected by a law, rule, order, or act entered, made, or adopted by the authority who is dissatisfied with the law, ...
- Texas Water Code Section 64.100 - Authority May Acquire Water Permits
The authority is authorized to acquire and own water permits on compliance with the provisions of Chapter 11, Water Code. Added by Acts 1979, 66th ...
- Texas Water Code Section 64.101 - Underground Water Rights
The ownership and rights of the owner of the land, his or her lessees and assigns, in underground water are recognized. Nothing in this chapter ...
- Texas Water Code Section 64.102 - Prior Districts Inviolate
Nothing in this chapter shall ever be construed as giving the Ogallala Water Import Authority the right or the power to supercede, preempt, or otherwise ...
- Texas Water Code Section 64.121 - Audits
(a) The board shall keep complete and accurate accounts, conforming to approved methods of bookkeeping, and those accounts and contracts, documents, and records of the ...
- Texas Water Code Section 64.122 - Authority Depository And Methods Of Selecting The Depository
(a) The board shall designate one or more banks within the authority to serve as depository for the funds of the authority. Funds of the ...
- Texas Water Code Section 64.123 - Financial Aid
In consideration of the fact that the authority may be incurring some obligations and making some expenditures before funds are available to pay the obligations ...
- Texas Water Code Section 64.131 - Issuance Of Bonds
For the purpose of providing a source of imported water for beneficial purposes permitted by law, and for the purpose of carrying out any other ...
- Texas Water Code Section 64.132 - Bond Conditions
Bonds may be authorized by resolution of the board, bear the date or dates, mature at the time or times, bear interest at the rate ...
- Texas Water Code Section 64.133 - Security For Bonds
Bonds may be secured by a pledge of all or any part of the net revenues or by all or any part of the taxes ...
- Texas Water Code Section 64.134 - Levy Of Taxes To Pay Bonds And Interest
If bonds are issued payable wholly or partially from ad valorem taxes, it is the duty of the board to levy a tax sufficient to ...
- Texas Water Code Section 64.135 - Revenues To Pay Bonds And Interest
If bonds or other contracts payable wholly or partially from revenues are issued or entered into, it is the duty of the board to establish ...
- Texas Water Code Section 64.136 - Proceeds Of Bonds
From the proceeds of the sale of bonds, the authority may set aside an amount for the payment of interest expected to accrue during construction ...
- Texas Water Code Section 64.137 - Default On Bonds
In the event of a default or a threatened default in the payment of principal of or interest on bonds payable wholly or partially from ...
- Texas Water Code Section 64.138 - Approval And Registration Of Bonds
Bonds issued by the authority under this subchapter constitute negotiable instruments within the meaning of the law of this state pertaining to negotiable instruments. Before ...
- Texas Water Code Section 64.139 - Interim Or Temporary Bonds
Pending the issuance of definitive bonds, the authority is authorized to issue and deliver interim or temporary bonds. The interim or temporary bonds issued may ...
- Texas Water Code Section 64.140 - Refunding Bonds
The board may issue refunding bonds for the purpose of refunding any outstanding bonds authorized by this subchapter and the interest on the bonds without ...
- Texas Water Code Section 64.141 - Securing Bonds With Trust Indenture
Any bonds, including refunding bonds, authorized by this subchapter, not payable wholly from ad valorem taxes, may be secured additionally by a trust indenture under ...
- Texas Water Code Section 64.142 - Approval Of Bonds At An Election
No bonds supported by taxes, except refunding bonds, may be issued unless authorized by an election in the manner provided by Chapter 54 of this ...
- Texas Water Code Section 64.143 - Bonds As Investments And Security
All bonds of the authority are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance ...
- Texas Water Code Section 64.144 - District Free From Taxes
The accomplishment of the purposes stated in this chapter being for the benefit of the people of this state and for the improvement of their ...
- Texas Water Code Section 64.181 - Tax Procedures
After an election in which a majority of those voting give their approval, taxes may be levied, assessed, and collected by the authority on an ...
- Texas Water Code Section 64.182 - Tax Officers
(a) Where applicable and not in conflict with this subchapter, the laws contained in Chapter 54 of this code, with reference to tax assessors and ...
- Texas Water Code Section 64.211 - Authorization Of Assessments
For the purpose of making payments pursuant to contracts entered into by the authority with the United States, the state, or districts, the authority, in ...
- Texas Water Code Section 64.212 - Considerations In Making Assessments And Establishing Zones
(a) In ascertaining the benefits derived through a contract, and in establishing zones of benefit, the authority shall consider all of the following: (1) improvement ...
- Texas Water Code Section 64.213 - Notice And Hearing
(a) No assessment is to be levied under this subchapter unless the board, by resolution, declares that it intends to do so and that a ...
- Texas Water Code Section 64.214 - Basis Of Assessment
Assessments made within zones of benefit shall be levied on all taxable property within the zone of benefit on an ad valorem basis. Added by ...
- Texas Water Code Section 64.215 - Election
Before an assessment may be levied and collected in a zone of benefit, an election shall be held in the zone, as designated by the ...
- Texas Water Code Section 64.251 - Annexation Authority
Additional territory may be added to the authority with its prior consent by annexation in the manner provided in this subchapter. Added by Acts 1979, ...
- Texas Water Code Section 64.252 - Petition For Annexation
(a) A petition requesting annexation, signed by at least 50 or by a majority of the qualified voters residing within the territory to be annexed, ...
- Texas Water Code Section 64.253 - Hearing
If the petition is signed by the required number of qualified voters and complies with Section 64.252 of this code, the board, provided two-thirds of ...
- Texas Water Code Section 64.254 - Notice Of Hearing
(a) Notice of the adoption of a resolution setting the time and place of hearing shall be published at least one time in one or ...
- Texas Water Code Section 64.255 - Hearing Procedure
(a) Interested persons who reside within the authority or within the territory seeking annexation may appear at the hearing and offer evidence for or against ...
- Texas Water Code Section 64.256 - Findings And Resolution; Election
If, at the conclusion of the hearing, the board finds that the land in the territory will be benefitted by the proposed annexation, and further ...
- Texas Water Code Section 64.257 - Notice Of Election
Notice of election, stating the election date, the proposition or propositions to be voted on, the conditions under which the territory may be annexed, or ...
- Texas Water Code Section 64.258 - Voter Qualification; Election Procedure
The qualifications of voters in elections held under this subchapter are those specified in the constitution and the procedures for conducting elections and for voting ...
- Texas Water Code Section 64.259 - Conduct Of Elections
The board may call, supervise, conduct, make returns, canvass, and declare results, and otherwise provide for the proper conduct of elections. Added by Acts 1979, ...
- Texas Water Code Section 64.260 - Canvass And Election Results
(a) Not less than three nor more than seven days after the election, or as soon after that time as practicable, the board shall canvass ...
- Texas Water Code Section 64.261 - Assumption Of Debt; Taxes
(a) In calling an election for the proposition of annexation of territory, the board of directors shall include as a part of the same election, ...
- Texas Water Code Section 64.262 - Other Method Of Annexation
The owner or owners of land contiguous to an authority or otherwise may be included in the authority in the same manner and under the ...
- Texas Water Code Section 64.263 - Furnishing Description
The board shall furnish the commission a detailed description of land annexed to the authority within 30 days after the annexation. Added by Acts 1979, ...
- Texas Water Code Section 64.301 - Disannexation Authority
A county in the authority may be disannexed from the authority in the manner provided in this subchapter. Added by Acts 1979, 66th Leg., p. ...
- Texas Water Code Section 64.302 - Petition For Disannexation
(a) A petition requesting disannexation, signed by at least five percent of the qualified voters residing within the county to be disannexed, who own taxable ...
- Texas Water Code Section 64.303 - Election
On receiving a petition under Section 64.302 of this code, the board shall adopt a resolution calling an election in the county named in the ...
- Texas Water Code Section 64.304 - Notice Of Election
Notice of election, stating the election date, the proposition or propositions to be voted on, and the place or places for holding the election, shall ...
- Texas Water Code Section 64.305 - Voter Qualification; Election Procedure
The qualifications of voters in elections held under this subchapter are those specified in the constitution and the procedures for conducting elections and for voting ...
- Texas Water Code Section 64.306 - Conduct Of Elections
The board may call, supervise, conduct, make returns, canvass, and declare results, and otherwise provide for the proper conduct of elections. Added by Acts 1979, ...
- Texas Water Code Section 64.307 - Canvass And Election Results
(a) Not less than three nor more than seven days after the election, or as soon after that time as practicable, the board shall canvass ...
- Texas Water Code Section 64.308 - Taxes On Disannexed Land
(a) If a county is disannexed from the authority at a time when the authority has outstanding debt, the disannexed county is not released from ...
- Texas Water Code Section 65.001 - Definitions
In this chapter: (1) "District" means a special utility district operating under this chapter. (2) "Board" means the board of directors of a district. (3) ...
- Texas Water Code Section 65.011 - Creation Of District
A special utility district may be created under and subject to the authority, conditions, and restrictions of, and is considered a conservation and reclamation district ...
- Texas Water Code Section 65.012 - Purposes Of District
A district may be created: (1) to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for ...
- Texas Water Code Section 65.013 - Composition Of District
(a) A district may include the area in all or part of any one or more counties including all or part of any cities and ...
- Texas Water Code Section 65.014 - Certified Resolution Seeking Creation Of District
(a) If creation of a district is proposed by a water supply or sewer service corporation, a certified copy of a resolution requesting creation must ...
- Texas Water Code Section 65.015 - Contents Of Resolution
In addition to the requirements stated in Section 65.014, the resolution shall: (1) describe the boundaries of the proposed district by metes and bounds or ...
- Texas Water Code Section 65.016 - Consent Of City
A district may operate within the corporate limits of a city or within the extraterritorial jurisdiction of a city, provided that a city may require ...
- Texas Water Code Section 65.018 - Notice And Hearing On District Creation
If a resolution is filed under Section 65.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a ...
- Texas Water Code Section 65.020 - Hearing
(a) If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and accept evidence on the sufficiency ...
- Texas Water Code Section 65.021 - Granting Or Refusing Creation Of District
(a) If the commission finds that the resolution conforms to the requirements of Section 65.015, the request for conversion is feasible and practicable, and each ...
- Texas Water Code Section 65.022 - Temporary Directors
If the commission authorizes the creation of the district, it shall appoint those persons whose names are listed in the resolution filed with the commission ...
- Texas Water Code Section 65.023 - Appeal From Order Of Commission
A city or a person who appeared in person or by attorney and offered testimony for or against the creation of the district, may appeal ...
- Texas Water Code Section 65.101 - Board Of Directors
A district is governed by a board of not less than five and not more than 11 directors. Added by Acts 1983, 68th Leg., p. ...
- Texas Water Code Section 65.102 - Qualifications For Directors
To be qualified to serve as a director, a person must be: (1) at least 18 years old; (2) a resident citizen of this state; ...
- Texas Water Code Section 65.103 - Election Of Directors; Terms Of Office
(a) The persons receiving the highest number of votes at each election shall serve as directors of the district. (b) The terms of the directors ...
- Texas Water Code Section 65.201 - Powers
(a) A district has the functions, powers, authority, and rights that will permit accomplishment of the purposes for which it is created. (b) A district ...
- Texas Water Code Section 65.203 - Solid Waste
A district may collect solid waste and may purchase, construct, acquire, own, operate, maintain, repair, improve, and extend a solid waste collection and disposal system ...
- Texas Water Code Section 65.205 - Adopting Rules
A district may adopt and enforce reasonable rules to: (1) secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts ...
- Texas Water Code Section 65.206 - Effect Of Rules
After the required publication, rules adopted by the district under Section 65.205 of this code shall be recognized by the courts as if they were ...
- Texas Water Code Section 65.207 - Publication Of Rules
(a) The board shall publish a substantive statement of each rule and the penalty for its violation once a week for two consecutive weeks in ...
- Texas Water Code Section 65.208 - Effective Date Of Rules
The penalty for violation of a rule is not effective and enforceable until five days after the last publication of the notice. Five days after ...
- Texas Water Code Section 65.235 - Prohibition On Assessment Or Collection Of Taxes
Section 49.107 does not apply to a district created under this chapter. Added by Acts 1995, 74th Leg., ch. 715, § 36, eff. Sept. 1, ...
- Texas Water Code Section 65.501 - Issuance Of Bonds And Notes
The district may issue its bonds or notes for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, ...
- Texas Water Code Section 65.502 - Form Of Bonds And Notes
(a) A district may issue its bonds or notes in various series or issues. (b) Bonds or notes shall mature serially or otherwise not more ...
- Texas Water Code Section 65.503 - Manner Of Repayment Of Bonds Or Notes
The board may provide for the payment of principal of and interest and redemption price, if any, on the bonds or notes by pledging all ...
- Texas Water Code Section 65.504 - Additional Security For Bonds Or Notes
(a) The bonds or notes, within the discretion of the board, may be additionally secured by a deed of trust or mortgage lien on all ...
- Texas Water Code Section 65.505 - Method For Issuance Of Bonds And Notes
Bonds or notes may be issued by resolution or order of the board. Added by Acts 1983, 68th Leg., p. 2448, ch. 435, § 4, ...
- Texas Water Code Section 65.506 - Provisions Of Bonds Or Notes
(a) In an order or resolution authorizing the issuance of bonds or notes, including refunding bonds, the board may provide for the flow of funds, ...
- Texas Water Code Section 65.507 - Use Of Bond Or Note Proceeds
The district may use bond or note proceeds to pay interest, administrative, and operating expenses expected to accrue during the period of construction. The period ...
- Texas Water Code Section 65.508 - Sale Or Exchange Of Bonds
(a) The board shall sell the bonds on the best terms and for the best possible price, but the bonds may not be sold for ...
- Texas Water Code Section 65.510 - Refunding Bonds
(a) A district may issue bonds to refund all or any part of its outstanding bonds, notes, or other obligations, including matured but unpaid interest ...
- Texas Water Code Section 65.511 - Obligations; Legal Investment; Security For Funds
(a) Bonds, notes, and other obligations issued by a district are legal and authorized investments for all banks, savings banks, trust companies, savings and loan ...
- Texas Water Code Section 65.513 - Mandamus By Bondholders
In addition to other rights and remedies provided by the law of this state, if a district defaults in the payment of principal of, interest ...
- Texas Water Code Section 65.515 - Cancellation Of Unsold Bonds
(a) The board, by order or resolution, may provide for the cancellation of all or any part of any bonds that have been submitted to ...
- Texas Water Code Section 65.723 - Consolidation Of Districts
Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter. Added by Acts 1983, 68th Leg., p. ...
- Texas Water Code Section 65.724 - Elections To Approve Consolidation
(a) After the board of each district has agreed on the terms and conditions of consolidation, which may include the assumption by each district of ...
- Texas Water Code Section 65.725 - Governing Consolidated Districts
(a) After two or more districts are consolidated, they become one district and are governed as one district. (b) During a period of 90 days ...
- Texas Water Code Section 65.726 - Debts Of Original Districts
After two or more districts are consolidated, the debts of the original districts shall be protected and may not be impaired. Added by Acts 1983, ...
- Texas Water Code Section 65.727 - Dissolution Of District Prior To Issuance Of Bonds
(a) If the board considers it advisable before the issuance of any bonds, notes, or other indebtedness, the board may dissolve a district and liquidate ...
- Texas Water Code Section 65.728 - Notice Of Hearing
The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located ...
- Texas Water Code Section 65.729 - Hearing
The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice. Added by Acts 1983, ...
- Texas Water Code Section 65.730 - Board's Order To Dissolve District
If the board unanimously determines from the evidence that the best interests of the persons and property in the district will be served by dissolving ...
- Texas Water Code Section 65.731 - Judicial Review Of Board's Order
The board's decree to dissolve the district may be appealed in the manner provided by Sections 65.708-65.710 of this code for the review of an ...
- Texas Water Code Section 66.001 - Definitions
In this chapter: (1) "District" means a stormwater control district. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Executive director" means the executive ...
- Texas Water Code Section 66.011 - Creation
A stormwater control district may be created pursuant to Article XVI, Section 59, of the Texas Constitution, as provided by this subchapter. Added by Acts ...
- Texas Water Code Section 66.012 - Purpose Of District
A district may be created to control stormwater and floodwater and to control and abate harmful excesses of water for the purpose of preventing area ...
- Texas Water Code Section 66.013 - Composition Of District
A district may be composed of contiguous or noncontiguous areas within all or part of the watershed of a river, stream, creek, or bayou. Added ...
- Texas Water Code Section 66.014 - Petition
(a) To create a district, a person or the commissioners courts in the counties in which all or part of the district is to be ...
- Texas Water Code Section 66.015 - Contents Of Petition
The petition must include: (1) a description of the boundaries of the proposed district by metes and bounds or by lot and block number, if ...
- Texas Water Code Section 66.016 - District Name
(a) A district shall be named the ______________________ (Insert name of county, river, stream, creek, or bayou in district) Stormwater Control District. (b) A district ...
- Texas Water Code Section 66.018 - Notice And Hearing On District Creation
If a petition is filed under Section 66.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a ...
- Texas Water Code Section 66.019 - Commission Findings And Decision
(a) After considering the petition, the commission shall grant the petition if it finds that: (1) the petition conforms to the requirements of Sections 66.014 ...
- Texas Water Code Section 66.020 - Appeal Of Commission Order
The order of the commission granting or denying a petition may be appealed as provided by Chapter 2001, Government Code. Added by Acts 1985, 69th ...
- Texas Water Code Section 66.021 - Temporary Directors
(a) If the commission grants the petition, it shall appoint five persons who reside within the boundaries of the proposed district to serve as temporary ...
- Texas Water Code Section 66.101 - Board Of Directors
A district shall be governed by a board of directors composed of five members, who are elected as provided in Chapter 49. Added by Acts ...
- Texas Water Code Section 66.102 - Qualification Of Directors
To serve as a director, a person must be at least 18 years old, a qualified voter, and a resident of the district. Added by ...
- Texas Water Code Section 66.118 - Rules
After notice and hearing, the board shall adopt rules to carry out this chapter, including rules providing procedures for giving notice and holding hearings before ...
- Texas Water Code Section 66.201 - General Powers
The district may: (1) acquire land to construct facilities for the district; (2) construct regional stormwater retention and detention pond facilities to retain stormwater runoff ...
- Texas Water Code Section 66.202 - Plan For Facilities
(a) Before the district begins to acquire land and construct facilities, the district engineer under the supervision of the board shall prepare a detailed plan ...
- Texas Water Code Section 66.216 - Transfer Of Land And Facilities
(a) On completion of all facilities proposed to be built by the district, the district shall transfer title to the land and facilities other than ...
- Texas Water Code Section 66.217 - Effect Of Transfer
(a) On conveyance of land and facilities to a county under this subchapter the district is no longer responsible for the land and facilities or ...
- Texas Water Code Section 66.218 - Transfer In Portions
This subchapter may not be construed as preventing the conveyance of a portion of the land and facilities proposed to be constructed by a district ...
- Texas Water Code Section 66.303 - Annual Budget
(a) The board shall prepare and approve an annual budget. (b) The budget shall contain a complete financial statement, including a statement of: (1) the ...
- Texas Water Code Section 66.304 - Amending Budget
After the annual budget is adopted, it may be amended on the board's approval. Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. ...
- Texas Water Code Section 66.310 - Issuance Of Bonds
(a) The board may issue and sell bonds in the name of the district to acquire land and construct facilities as provided by this chapter. ...
- Texas Water Code Section 66.311 - Manner Of Repayment Of Bonds
The board may provide for the payment of the principal of and interest on the bonds from the levy and collection of property taxes on ...
- Texas Water Code Section 66.313 - Form Of Bonds
(a) The district may issue its bonds in various series or issues. (b) Bonds may mature serially or otherwise not more than 50 years from ...
- Texas Water Code Section 66.314 - Provisions Of Bonds
(a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds, the establishment ...
- Texas Water Code Section 66.315 - Approval By Attorney General; Registration By Comptroller
(a) Bonds issued by the district and the records relating to their issuance must be submitted to the attorney general for examination. (b) If the ...
- Texas Water Code Section 66.316 - Refunding Bonds
Refunding bonds may be issued for the purposes and in the manner provided by general law including Chapter 1207, Government Code. Added by Acts 1985, ...
- Texas Water Code Section 66.317 - Bonds As Investments
District bonds are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and loan associations; (5) insurance companies; (6) ...
- Texas Water Code Section 66.318 - Bonds As Security For Deposits
District bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state. ...
- Texas Water Code Section 66.319 - Mandamus By Bondholders
In addition to all other rights and remedies provided by law, if the district defaults in the payment of principal, interest, or redemption price on ...
- Texas Water Code Section 66.320 - Application Of Other Laws
Bonds of the district are considered public securities under Chapter 1201, Government Code. Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. ...
- Texas Water Code Section 66.321 - Tax Status Of Bonds
Since a district created under this chapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to ...
- Texas Water Code Section 66.322 - Levy Of Taxes
The board may annually levy taxes in the district to pay the principal of and interest on bonds issued by the district and the expense ...
- Texas Water Code Section 66.324 - Board Authority
(a) The board may levy taxes for the entire year in which the district is created. (b) The board shall levy taxes on all property ...
- Texas Water Code Section 66.325 - Tax Rate
In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation. On determination of the ...
- Texas Water Code Section 66.326 - Tax Appraisal, Assessment, And Collection
(a) The Tax Code governs the appraisal, assessment, and collection of district taxes. (b) The board may provide for the appointment of a tax assessor-collector ...
- Texas Water Code Section 66.401 - Petition For Dissolution
After a district has completed all construction of facilities provided in the plan and conveyed those facilities to the designated counties and after all bonds ...
- Texas Water Code Section 66.402 - Commission's Order To Dissolve District
(a) After considering the petition and the accompanying evidence, if the commission finds that the work is completed according to the plan and the facilities ...
- Texas Water Code Section 66.403 - Distribution Of A
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