SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 49.001 - Definitions
(a) As used in this chapter: (1) "District" means any district or authority created by authority of either Sections 52(b)(1) and (2), Article III, or...
- Texas Section 49.002 - Applicability
(a) Except as provided by Subsection (b), this chapter applies to all general and special law districts to the extent that the provisions of this...
- Texas Section 49.003 - Penalty
A district that fails to comply with the filing provisions of this code may be subject to a civil penalty of up to $100 per...
SUBCHAPTER B CREATION
- Texas Section 49.004 - Penalty For Violation Of District Rules
(a) The board may set reasonable civil penalties for the breach of any rule of the district that shall not exceed the jurisdiction of a...
- Texas Section 49.010 - Order Or Act Creating District
Within 60 days after the date a district is created, the district shall file with the executive director a certified copy of the order or...
SUBCHAPTER C ADMINISTRATIVE PROVISIONS
- Texas Section 49.011 - Notice Applicable To Creation Of A District By The Commission
(a) On receipt by the commission of all required documentation associated with an application for creation of a district by the commission under Chapter 36,...
- Texas Section 49.051 - Board Of Directors
A district shall be governed by its board, the number of which is otherwise provided by law. Added by Acts 1995, 74th Leg., ch. 715,...
- Texas Section 49.052 - Disqualification Of Directors
(a) A person is disqualified from serving as a member of a board of a district that includes less than all the territory in at...
- Texas Section 49.053 - 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 Section 49.054 - 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 or...
- Texas Section 49.055 - 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 Section 49.056 - 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 Section 49.057 - 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 Section 49.058 - 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 interest of...
- Texas Section 49.059 - Tax Assessor And Collector
(a) A district may employ or contract with any person to serve as its tax assessor and collector who is: (1) an individual certified as...
- Texas Section 49.060 - 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 Section 49.061 - Seal
The directors shall adopt a seal for the district. Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
- Texas Section 49.062 - 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 Section 49.063 - Notice Of Meetings
(a) Notice of meetings of the board shall be given as set forth in the open meetings law, Chapter 551, Government Code, except that if...
- Texas Section 49.064 - Meetings
The board shall hold such regular and special meetings as may be necessary for the proper conduct of the district's business. All meetings shall be...
- Texas Section 49.065 - 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 Section 49.066 - 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 Section 49.067 - Contracts
(a) A district shall contract, and be contracted with, in the name of the district. (b) Notwithstanding any other law, a contract for technical, scientific,...
- Texas Section 49.068 - Contracts With Governmental Agencies
(a) The provisions of this chapter pertaining to bids and the Local Government Code notwithstanding, a district may purchase property from any governmental entity by...
- Texas Section 49.069 - 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 Section 49.070 - Workers' Compensation
The board may become a subscriber under Title 5, Labor Code (Texas Workers' Compensation Act), with any insurance company authorized to write the policies in...
- Texas Section 49.071 - District Name Change
(a) On petition by a district showing reasonable grounds for a name change, the commission by order may change the name of the district to...
SUBCHAPTER D ELECTION PROVISIONS
- Texas Section 49.072 - Limitation On Future Employment
(a) A person who has served as a director of a district may not contract with that district or be employed by an organization to...
- Texas Section 49.101 - General
All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this code. Write-in candidacies for any district...
- Texas Section 49.102 - Confirmation And Director Election
(a) Before issuing any bonds or other obligations, an election shall be held within the boundaries of the proposed district on a uniform election date...
- Texas Section 49.103 - Terms Of Office Of Directors
(a) Except as provided by Section 49.102, the members of the board of a district shall serve staggered four-year terms. (b) After confirmation of a...
- Texas Section 49.104 - Alternative Election Procedures
(a) Notwithstanding the provisions and requirements of the Election Code and general laws, any two or more districts situated in the same county and in...
- Texas Section 49.1045 - Certification Of Election Results In Less Populous Districts
(a) This section applies only to a district that: (1) has 10 or fewer registered voters; and (2) holds an election jointly with a county...
- Texas Section 49.105 - Vacancies
(a) Except as otherwise provided in this code, a vacancy on the board and in other offices shall be filled for the unexpired term by...
- Texas Section 49.106 - Bond Elections
(a) Before an election is held to authorize the issuance of bonds, other than refunding bonds, there shall be filed in the office of the...
- Texas Section 49.107 - Operation And Maintenance Tax
(a) A district may levy and collect a tax for operation and maintenance purposes, including funds for planning, constructing, acquiring, maintaining, repairing, and operating all...
- Texas Section 49.108 - Contract Elections
(a) A contract may provide that the district will make payment under the contract from proceeds from the sale of notes or bonds, from taxes,...
- Texas Section 49.109 - Agent During Election Period
The board may appoint a person, including a district officer, employee, or consultant, to serve as the district's agent under Section 31.123, Election Code. Added...
- Texas Section 49.110 - Election Judge
(a) The notice requirements for the appointment of a presiding election judge under Section 32.009, Election Code, do not apply to an election held by...
- Texas Section 49.111 - Exemptions From Use Of Accessible Voting Systems
(a) Notwithstanding Sections 61.012 and 61.013, Election Code, a district is exempt from the acquisition, lease, or use of an electronic voting system for an...
- Texas Section 49.112 - Cancellation Of Election; Removal Of Ballot Measure
Before the first day of early voting by personal appearance, the board by order or resolution may cancel an election called at the discretion of...
SUBCHAPTER E FISCAL PROVISIONS
- Texas Section 49.113 - Notice For Filing For Place On Ballot
A notice required by Section 141.040, Election Code, must be posted at the district's administrative office in the district or at the public place established...
- Texas Section 49.151 - Expenditures
(a) Except as hereinafter provided, a district's money may be disbursed only by check, draft, order, or other instrument that shall be signed by at...
- Texas Section 49.152 - Purposes For Borrowing Money
The district may issue bonds, notes, or other obligations to borrow money for any corporate purpose or combination of corporate purposes only in compliance with...
- Texas Section 49.153 - Revenue Notes
(a) The board, without the necessity of an election, may borrow money on negotiable or nonnegotiable notes of the district to be paid solely from...
- Texas Section 49.154 - Bond Anticipation Notes; Tax Anticipation Notes
(a) The board may declare an emergency in the matter of funds not being available to pay principal of and interest on any bonds of...
- Texas Section 49.155 - Payment Of Expenses
(a) The district may pay out of bond proceeds or other available funds of the district all expenses of the district authorized by this section,...
- Texas Section 49.156 - Depository
(a) The board, by order or resolution, shall designate one or more banks or savings associations within the state to serve as the depository for...
- Texas Section 49.157 - Investments
(a) All district deposits and investments shall be governed by Subchapter A, Chapter 2256, Government Code (Public Funds Investment Act). (b) The board may provide...
- Texas Section 49.1571 - 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...
SUBCHAPTER F ISSUANCE OF BONDS
- Texas Section 49.158 - Fiscal Year
Within 30 days after a district becomes financially active, the board shall adopt a fiscal year by a formal board resolution. The district shall notify...
- Texas Section 49.181 - Authority Of Commission Over Issuance Of District Bonds
Sec. 49.181. AUTHORITY OF COMMISSION OVER ISSUANCE OF DISTRICT BONDS. (a) A district may not issue bonds to finance a project for which the commission...
- Texas Section 49.182 - Commission Supervision Of Projects And Improvements
(a) During construction of projects and improvements approved by the commission under this subchapter, no substantial alterations may be made in the plans and specifications...
- Texas Section 49.183 - Bond Sales
(a) Except for refunding bonds, or bonds sold to a state or federal agency or to the North American Development Bank, bonds issued by a...
- Texas Section 49.184 - Approval Of Bonds By Attorney General; Registration Of Bonds
(a) Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to organization of the district for...
- Texas Section 49.185 - Exemptions
This subchapter shall not apply to districts engaged in the distribution and sale of electric energy to the public. Added by Acts 1995, 74th Leg.,...
SUBCHAPTER G AUDIT OF DISTRICTS
- Texas Section 49.186 - Authorized Investments; Security For Funds
(a) All bonds, notes, and other obligations issued by a district shall be legal and authorized investments for all banks, trust companies, building and loan...
- Texas Section 49.191 - Duty To Audit
(a) The board shall have the district's fiscal accounts and records audited annually at the expense of the district. (b) In all areas of conflict,...
- Texas Section 49.192 - Form Of Audit
The executive director shall adopt accounting and auditing manuals and, except as otherwise provided by the manuals, the district audit shall be performed according to...
- Texas Section 49.193 - Financial Reports
The district's depository, the district's treasurer, and the district's bookkeeper, if any, who receives or has control over any district funds shall keep a full...
- Texas Section 49.194 - Filing Of Audits, Affidavits, And Financial Reports
(a) Except as provided by Subsection (h), after the board has approved the audit report, it shall submit a copy of the report to the...
- Texas Section 49.195 - Review By Executive Director
(a) The executive director may review the audit report of each district. (b) Subject to Subsection (f), the commission may request that the state auditor...
- Texas Section 49.196 - Access To And Maintenance Of District Records
(a) The executive director shall have access to all vouchers, receipts, district fiscal and financial records, and other district records the executive director considers necessary....
- Texas Section 49.197 - Financially Dormant Districts
(a) A financially dormant district is a district that had: (1) $500 or less of receipts from operations, tax assessments, loans, contributions, or any other...
- Texas Section 49.198 - Audit Report Exemption
(a) A district may elect to file annual financial reports with the executive director in lieu of the district's compliance with Section 49.191 provided: (1)...
- Texas Section 49.199 - Policies And Audits Of Districts
(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 Section 49.1991 - Efficiency Review Of River Authorities
A district that is a river authority is subject to an efficiency review by the Legislative Budget Board. Added by Acts 2013, 83rd Leg., R.S.,...
SUBCHAPTER H POWERS AND DUTIES
- Texas Section 49.200 - Review And Comment On Budget Of Certain Districts
A district that provides wholesale potable water and wastewater services shall adopt a program that provides such wholesale customers an opportunity to review and comment...
- Texas Section 49.211 - Powers
(a) A district shall have the functions, powers, authority, rights, and duties that will permit accomplishment of the purposes for which it was created or...
- Texas Section 49.212 - Fees And Charges
(a) A district may adopt and enforce all necessary charges, mandatory fees, or rentals, in addition to taxes, for providing or making available any district...
- Texas Section 49.2121 - Acceptance Of Credit Cards
(a) In this section, "credit card" means a card, plate, or similar device authorizing a designated person or bearer to obtain goods, services, money, or...
- Texas Section 49.2122 - Establishment Of Customer Classes
(a) Notwithstanding any other law, a district may establish different charges, fees, rentals, or deposits among classes of customers that are based on any factor...
- Texas Section 49.2125 - Fees And Other Charges Of Certain Regional Water Authorities After Annexation
(a) This section applies to a regional water authority that: (1) was established after January 1, 1999; (2) is located entirely within a county with...
- Texas Section 49.213 - Authority To Issue Contracts
(a) A district may contract with a person or any public or private entity for the joint construction, financing, ownership, and operation of any works,...
- Texas Section 49.214 - Conflicts Of Interest In Contracts
The provisions of Chapter 171, Local Government Code, shall apply to the award of district contracts. Added by Acts 1995, 74th Leg., ch. 715, Sec....
- Texas Section 49.2145 - Use Of Money Received Under Certain Contracts
(a) This section applies only to a district located in: (1) a county included in the Harris-Galveston Subsidence District; or (2) a county included in...
- Texas Section 49.215 - Service To Areas Outside The District
(a) A district may purchase, construct, acquire, own, operate, repair, improve, or extend all works, improvements, facilities, plants, equipment, and appliances necessary to provide any...
- Texas Section 49.216 - Enforcement By Peace Officers
(a) A district may contract for or employ its own peace officers with power to make arrests when necessary to prevent or abate the commission...
- Texas Section 49.217 - Operation Of Certain Motor Vehicles On Or Near Public Facilities
(a) In this section, "motor vehicle" means a self-propelled device in, upon, or by which a person or property is or may be transported or...
- Texas Section 49.218 - Acquisition Of Property
(a) A district or water supply corporation may acquire an interest in land, materials, waste grounds, easements, rights-of-way, equipment, contract or permit rights or interests,...
- Texas Section 49.219 - Acquisition Of Existing Facilities
Any district may acquire by agreement all or any part of existing water, sanitary sewer, or drainage systems of any water supply corporation, including works,...
- Texas Section 49.220 - Right To Use Existing Rights-of-way
All districts or water supply corporations are given rights-of-way within, along, under, and across all public, state, county, city, town, or village roads, highways, and...
- Texas Section 49.221 - 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 Section 49.222 - Eminent Domain
(a) A district or water supply corporation may acquire by condemnation any land, easements, or other property inside or outside the district boundaries, or the...
- Texas Section 49.223 - Costs Of Relocation Of Property
(a) In the event that the district or the water supply corporation, in the exercise of the power of eminent domain or power of relocation...
- Texas Section 49.224 - Power To Condemn Cemeteries
(a) The use of land for the construction of district dams and creation of lakes and reservoirs for the purpose of conservation and development of...
- Texas Section 49.225 - Leases
A district may lease any of its property, real or personal, to any person. The lease may contain the terms and provisions that the board...
- Texas Section 49.226 - Sale Or Exchange Of Real Or Personal Property
(a) Any personal property valued at more than $300 or any land or interest in land owned by the district which is found by the...
- Texas Section 49.2261 - Purchase, Sale, Or Other Exchange Of Water Or Water Rights
Notwithstanding any other law, the district may: (1) purchase, acquire, sell, transfer, lease, or otherwise exchange water or water rights under an agreement between the...
- Texas Section 49.227 - Authority To Act Jointly
A district or water supply corporation may act jointly with any other person or entity, private or public, whether within the State of Texas or...
- Texas Section 49.228 - Damage To Property
A person who wilfully destroys, defaces, damages, or interferes with district or water supply corporation property is guilty of a Class B misdemeanor. Added by...
- Texas Section 49.229 - Grants And Gifts
A district may accept grants, gratuities, advances, and loans in any form from any source approved by the board, including any governmental entity, any private...
- Texas Section 49.2291 - Donations For Economic Development
(a) In this section, "economic development program" has the meaning assigned by Section 152.151. (b) This section applies only to a district located in the...
- Texas Section 49.230 - Area-wide Wastewater Treatment
The powers and duties conferred on the district are granted subject to the policy of the state to encourage the development and use of integrated...
- Texas Section 49.231 - Standby Fees
(a) In this section: (1) "Standby fee" means a charge, other than a tax, imposed on undeveloped property for the availability of potable water, sanitary...
- Texas Section 49.232 - Laboratory And Environmental Services
A district may contract with any person, within or without the boundaries of the district, to provide or receive laboratory or environmental services related to...
- Texas Section 49.233 - Electric Generation, Transmission, And Distribution For Certain Districts
(a) A district that owns or operates raw water pipelines that convey surface water, groundwater, or both surface water and groundwater, through more than 10...
- Texas Section 49.234 - Prohibition Of Certain Private On-site Facilities
(a) A district or water supply corporation that operates a wastewater collection system to serve land within its boundaries by rule may prohibit the installation...
- Texas Section 49.235 - 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 Section 49.236 - Notice Of Tax Hearing
(a) Before the board adopts an ad valorem tax rate for the district for debt service, operation and maintenance purposes, or contract purposes, the board...
- Texas Section 49.236 - Notice Of Tax Hearing
(a) Before the board adopts an ad valorem tax rate for the district for debt service, operation and maintenance purposes, or contract purposes, the board...
- Texas Section 49.2361 - Additional Notice For Certain Tax Increases
If a district proposes to adopt a combined tax rate that would authorize the qualified voters of the district by petition to require a rollback...
- Texas 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...
SUBCHAPTER I CONSTRUCTION, EQUIPMENT, MATERIALS, AND MACHINERY CONTRACTS
- Texas Section 49.238 - Irrigation Systems
(a) A district may adopt and enforce rules that require an installer of an irrigation system: (1) to hold a license issued under Section 1903.251,...
- Texas 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 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 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 Section 49.2731 - Procedures For Electronic Bids
(a) A district may receive bids under Section 49.273 through electronic transmission if the board of the district adopts rules to ensure the identification, security,...
- Texas 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 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 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 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 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;...
SUBCHAPTER J ANNEXATION OR EXCLUSION OF LAND
- Texas 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 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 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 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 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 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 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 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 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 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 10,000 acres shall call a hearing on the exclusion of land...
- Texas Section 49.3077 - Tax Liability Of Excluded Land; Bonds Outstanding
(a) In this section: (1) "Adjusted gross value" means the gross assessed value of property, as of January 1, including land, improvements, and personal property,...
- Texas Section 49.3078 - Petition For Exclusion: Additional Duties
A landowner who signs a petition for the exclusion of land that is filed with a district under Section 49.3076 must submit a copy of...
- Texas 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 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 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 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 Section 49.312 - Results Of Exclusion
(a) Except as provided by Section 49.3077, on issuance of an order excluding property, that property is no longer a part of the district and...
- Texas 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 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...
SUBCHAPTER J-1 EXCLUSION OF URBAN PROPERTY FROM CERTAIN WATER DISTRICTS
- Texas 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 Section 49.3181 - Definitions
As used in this subchapter: (1) "District" means any district or authority created under Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI,...
- Texas Section 49.3182 - Conditions For Exclusion Of Urban Property
Urban property that is located in a district may be excluded from the district as provided by this subchapter only after the following have been...
- Texas Section 49.3183 - Application For Exclusion
(a) The owner or owners of urban property in a district and subject to taxation by the district, and on which all amounts due the...
- Texas Section 49.3184 - Consideration Of Application
(a) As soon as practicable after an application is filed, the board shall consider the application and inquire into all the facts relating to the...
- Texas Section 49.3185 - Determination Of Proportionate Amount Of Indebtedness
(a) If the board approves further consideration of an application, the board shall determine the proportionate amount of the bonded or contractual indebtedness for which...
- Texas Section 49.3186 - Deadline For Payment Of Amounts Due
The order of the board approving further consideration of the application has no force or effect and no further proceeding may be held on the...
- Texas Section 49.3187 - Notice And Hearing
(a) If the deposit is made within the time provided by Section 49.3186, the board shall order a public hearing to be held on the...
- Texas Section 49.3188 - Resolution Excluding Urban Property Or Rejecting Application; Effects Of Exclusion
(a) If, as a result of a hearing ordered under Section 49.3187, the board finds that the owners of a majority in acreage of the...
SUBCHAPTER K DISSOLUTION
- Texas Section 49.3189 - Conversion Of Water Rights
After a district excludes land from the district's territory under this subchapter, the municipality or other municipal supplier that proposes to serve the land with...
- Texas 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 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 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 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 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 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...
SUBCHAPTER L FIRE DEPARTMENTS
- Texas 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 Section 49.351 - Fire Departments
(a) A district providing potable water or sewer service to household users may, separately or jointly with another district, municipality, or other political subdivision, establish,...
- Texas 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...
SUBCHAPTER M NOTICES, REPORTS, AND BANKRUPTCY
- Texas Section 49.353 - Municipal Contract For Fire-fighting Services In Certain Counties
(a) In this section, "fire-fighting services" has the meaning assigned by Section 49.351. (b) This section applies only to a district: (1) located wholly or...
- Texas 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 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...
- Texas 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 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 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...
SUBCHAPTER N RECREATIONAL FACILITIES
- Texas 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 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 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 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 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 Section 49.4641 - Recreational Facilities On Sites Acquired For Water, Sewer, Or Drainage Facilities
(a) A district may develop and maintain recreational facilities on a site acquired for the purpose of developing water, sewer, or drainage facilities. (b) A...
- Texas 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 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...
SUBCHAPTER O EFFECT OF SUBDIVISION OF NONAGRICULTURAL LAND ON WATER RIGHTS
- Texas 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 Section 49.501 - Definition
In this subchapter, "municipal water supplier" means a municipality, a water supply corporation, or a special utility district converted from a water supply corporation. Added...
- Texas Section 49.502 - Applicability
This subchapter applies only to a district, other than a drainage district, located wholly or partly in a county: (1) that borders the Gulf of...
- Texas Section 49.503 - Petition By Municipal Water Supplier To Convert Water Use After Subdivision
(a) This section applies only to land: (1) that is: (A) subdivided into town lots or blocks or small parcels of the same general nature...
- Texas Section 49.504 - Effect Of Municipal Water Supplier's Failure To File A Petition
(a) If a municipal water supplier does not file a petition under Section 49.503, the district may retain the water rights for use by the...
- Texas Section 49.505 - Calculation Of Proportionate Water Rights
A district that receives a petition under Section 49.503 shall compute the proportionate amount of water rights to the Rio Grande. The proportionate amount of...
- Texas Section 49.506 - Provision Or Conversion Of Proportionate Water Rights By District
(a) Not later than the second anniversary of the date the municipal water supplier files a petition under Section 49.503: (1) a district shall provide...
- Texas Section 49.507 - Contract To Purchase Proportionate Water Rights; Water Rights Sale Contract
(a) A municipal water supplier may contract to purchase the proportionate water rights described by Section 49.505. (b) The purchase price may not exceed 68...
- Texas Section 49.508 - Contract To Use Proportionate Water Rights; Water Supply Contract
(a) A municipal water supplier may contract to use water associated with the proportionate water rights described by Section 49.505. (b) The contract must be...
- Texas Section 49.509 - Duty Of Rio Grande Regional Water Authority To Calculate Current Market Value
(a) Subject to Subsection (d), the Rio Grande Regional Water Authority annually at its January meeting shall calculate the current market value by using the...
- Texas Section 49.510 - Accounting For Sale Of Water Rights
A district shall maintain an accounting of money received from the sale of water rights under this subchapter. Added by Acts 2007, 80th Leg., R.S.,...
- Texas Section 49.511 - Capital Improvements
A district shall designate at least 75 percent of the proceeds from the sale of water rights for capital improvements in the district. Added by...
- Texas Section 49.512 - Map Of Service Area
(a) In this section, "outer boundaries of a district" means district boundaries without considering any exclusion of land from inside the district. (b) Each municipal...