SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B CREATION OF DISTRICT; CONVERSION OF DISTRICT
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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;...
SUBCHAPTER C ADMINISTRATIVE PROVISIONS
- Texas 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 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 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 Section 51.072 - Qualifications For Director
(a) To be qualified for election as a director, a person must: (1) be a resident of the state; (2) own land subject to taxation...
- Texas 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 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 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 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 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 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 Section 51.091 - Projects Of Certain Districts
(a) In this section, "preservation district" means a district defined by Chapter 54 and created by special law with the power to promote the preservation...
SUBCHAPTER D POWERS AND DUTIES
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER E ELECTION PROVISIONS
- Texas 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...
SUBCHAPTER F ENFORCEMENT
- Texas Section 51.221 - Eligibility To Vote: Maverick County Water Control And Improvement District No
(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...
SUBCHAPTER G WATER CHARGES AND ASSESSMENTS
- Texas 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 Section 51.301 - Statement Estimating Water Requirements And Payment Of Charge
(a) If required by the board, each person who desires to receive irrigation water at any time during the year shall furnish the secretary of...
- Texas Section 51.302 - Contracts With Person Using Irrigation Water
(a) The board may require each person who desires to use irrigation water during the year to enter into a contract with the district which...
- Texas 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 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 Section 51.305 - Distribution Of Assessment
(a) The board by order shall allocate a portion of the estimated maintenance and operating expenses that shall be paid by assessment against all land...
- Texas Section 51.306 - Notice Of Assessments
(a) Public notice of all assessments imposed under Section 51.305(a) shall be given by posting printed notice of the assessment in at least one public...
- Texas Section 51.307 - Payment Of Assessments
(a) All assessments imposed under Section 51.305(a) shall be paid in installments at the times fixed by the board. (b) If a crop for which...
- Texas 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 imposed under Section...
- Texas Section 51.309 - Lien Against Crops
(a) The district shall have a first lien, superior to all other liens, against all crops grown on a tract of land in the district...
- Texas Section 51.310 - List Of Delinquent Assessments
Assessments imposed under Section 51.305(a) not paid when due shall become delinquent on the first day of the month following the date payment is due,...
- Texas Section 51.311 - Water Service Discontinued
(a) If a landowner fails or refuses to pay a water assessment or a person fails to pay a charge, fee, rental, or deposit imposed...
- Texas Section 51.312 - Suits For Delinquent Assessments
Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the...
- Texas Section 51.313 - Interest And Collection Fees
(a) All assessments imposed under Section 51.305(a) shall bear interest from the date payment is due at the rate of 15 percent a year. Assessments...
- Texas 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 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 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 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 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 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 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...
SUBCHAPTER H WASTE DISPOSAL AND CONTROL OF STORM WATER
- Texas 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER I GENERAL FISCAL PROVISIONS
- Texas Section 51.340 - Certain Damages Caused By Sewage Backup
(a) A district may pay actual property damages caused by the backup of the district's sanitary sewer system regardless of whether the district would be...
- Texas 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 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...
SUBCHAPTER K ISSUANCE OF BONDS
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER L TAX PLAN
- Texas 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 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 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 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 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 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 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 Section 51.507 - Effect Of Sections 51
Sec. 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...
- Texas 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 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 Section 51.510 - Purpose Of Sections 51
Sec. 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...
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 1 million...
SUBCHAPTER M TAXATION ON THE AD VALOREM BASIS
- Texas 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 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, Sec. 1, eff. Aug. 30,...
SUBCHAPTER N TAXATION ON THE BENEFIT BASIS
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER O ADDING AND EXCLUDING TERRITORY AND CONSOLIDATING DISTRICTS
- Texas 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 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 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 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 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 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 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 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 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, Sec. 1,...
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER P DISSOLUTION OF DISTRICT
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER Q FLOOD CONTROL IN TRINITY RIVER BASIN
- Texas 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 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 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 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...
SUBCHAPTER R OPTION TO EXCHANGE MUNICIPAL JURISDICTION
- Texas 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 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 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 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 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 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...