Texas Water Code Title 4, Chapter 53 - Fresh Water Supply Districts

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B CREATING AND DIVIDING A DISTRICT

• Texas Section 53.001 - Definitions
  In this chapter: (1) "District" means a fresh water supply district established under this chapter. (2) "Board" means the board of supervisors of a district....
• Texas Section 53.011 - Creating A District
  A district is created by petition, hearing, and election. Acts 1971, 62nd Leg., p. 397, ch. 58, Sec. 1, eff. Aug. 30, 1971.
• Texas Section 53.012 - Cities And Towns
  Cities and towns are includable in a district. Acts 1971, 62nd Leg., p. 397, ch. 58, Sec. 1, eff. Aug. 30, 1971.
• Texas Section 53.013 - Presenting Petition
  A person may present a petition requesting creation of a district to the commissioners court of the county which includes the land in the proposed...
• Texas Section 53.014 - Requisites Of Petition
  To be sufficient, the petition must: (1) be signed by a majority of the persons who hold title to land in the proposed district that...
• Texas Section 53.015 - Deposit
  The person who presents the petition shall at the same time pay a deposit of $100 to the county clerk. The clerk shall pay out...
• Texas Section 53.016 - Time And Place Of Hearing
  The commissioners court or county judge shall immediately set a time and place for a hearing on the petition by the commissioners court. The hearing...
• Texas Section 53.017 - Notice
  (a) The county clerk shall issue notice of the time and place of the hearing, and in the notice he shall include a statement that...
• Texas Section 53.018 - Posting Notice
  (a) The person receiving the notice shall post a copy of it at the courthouse door and a copy at each of four different places...
• Texas Section 53.019 - Hearing Powers
  (a) The commissioners court shall have jurisdiction to determine all issues pertaining to the sufficiency of the petition and shall allow any interested person to...
• Texas Section 53.020 - Temporary Supervisors; Qualifications
  (a) If the commissioners court grants a petition presented under Section 53.013, the court shall appoint five temporary supervisors to serve on the board of...
• Texas Section 53.021 - Officers To Be Elected
  In the election, five supervisors are elected. Acts 1971, 62nd Leg., p. 399, ch. 58, Sec. 1, eff. Aug. 30, 1971. Amended by Acts 2001,...
• Texas Section 53.029 - Division Of Or Assumption Of Authority By Certain Districts
  (a) This section applies to a district located in a county that: (1) has a population of 1.3 million or more and in which a...
• Texas Section 53.030 - Ordering Election
  The board may order a special election on its own motion or on presentation of a petition signed by 20 or more qualified property taxpaying...
• Texas Section 53.031 - Order: Metes And Bounds
  The petition for election and the order and notices of election must set forth the metes and bounds of the two proposed new districts. Acts...
• Texas Section 53.032 - Order: Time Of Election
  In the order the board shall set the time for the election, which must be held before the expiration of the 30th day after the...
• Texas Section 53.033 - Order: Election Of Supervisors
  The board shall include in the order a statement that if the election results in division of the district, the two new districts will each...
• Texas Section 53.034 - Order: Division Of Property And Money
  In the election order the board shall state in a general way how the properties and any money on hand will be divided between the...
• Texas Section 53.040 - Elected Supervisors Take Office
  If the election results in a division of the district, the five candidates receiving the most votes in each new district shall be declared elected....
• Texas Section 53.041 - Completing Membership Of The Board
  If no supervisors are elected, or if a full board is not elected, the commissioners court shall appoint the needed members of the board. Acts...
• Texas Section 53.042 - Newly Elected Supervisors--term Of Office
  The newly elected supervisors hold office until the new district's next supervisors election. Acts 1971, 62nd Leg., p. 402, ch. 58, Sec. 1, eff. Aug....

SUBCHAPTER C ADMINISTRATIVE PROVISIONS

• Texas Section 53.043 - Powers Of New District
  A district created by the division of an existing district into two districts has all the powers and duties given by this chapter to any...
• Texas Section 53.061 - Creation Of District
  A commissioners court may create one or more fresh water supply districts in its county by following the procedure prescribed in Sections 53.011-53.029 of this...
• Texas Section 53.062 - Board Of Supervisors
  A district created under this chapter is governed by a board of five elected supervisors. Acts 1971, 62nd Leg., p. 402, ch. 58, Sec. 1,...
• Texas Section 53.063 - Supervisor's Qualifications
  Sec. 53.063. SUPERVISOR'S QUALIFICATIONS. (a) Except as provided by Subsection (b), to be qualified for election as a supervisor: (1) a person must be: (A)...
• Texas Section 53.072 - Assessor And Collector's Qualifications
  To be qualified for election as assessor and collector, a person must be a resident of the district and a qualified voter in the district....
• Texas Section 53.073 - Assessor And Collector's Term Of Office
  The first elected assessor and collector holds office until the next general election of officers following his election. The succeeding assessor and collectors hold office...
• Texas Section 53.075 - Assessor And Collector's Salary
  The board shall fix the salary of the assessor and collector at not more than $10,000 a year. Acts 1971, 62nd Leg., p. 404, ch....

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 53.088 - Status Of The District
  A district is: (1) a governmental agency; (2) a body politic and corporate; and (3) a defined district within the meaning of Article XVI, Section...
• Texas Section 53.101 - Purpose Of District
  Fresh water supply districts may be created to conserve, transport, and distribute fresh water from any sources for domestic and commercial purposes. Acts 1971, 62nd...
• Texas Section 53.102 - Constitutional Basis
  The constitutional basis for this chapter is Article XVI, Section 59, of the Texas Constitution. Acts 1971, 62nd Leg., p. 407, ch. 58, Sec. 1,...
• Texas Section 53.103 - Governmental Powers Of District
  A district has the powers of government and authority to exercise the rights, privileges, and functions given to it by this chapter or by any...
• Texas Section 53.104 - Authority To Acquire Water Rights
  A district may acquire water rights and privileges in any way that an individual or corporation may acquire them. A district may hold water rights...
• Texas Section 53.105 - 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 53.107 - Distribution Of Water And Use Of Revenues Obtained From Distribution Of Water
  (a) The board shall: (1) prescribe the terms on which water will be furnished; (2) fix the rate to be paid by users of water...
• Texas Section 53.112 - Use Of Roadways
  In order to secure fresh water, a district may construct necessary levees, bridges, and other improvements across or under: (1) railroad embankments, tracks, or rights-of-way;...
• Texas Section 53.113 - Constructing Improvements On Railroad Ways
  (a) Before the district may construct an improvement across or under any railroad property, the district must notify the railroad authorities of the district's intention...
• Texas Section 53.115 - Duties Of Engineer
  (a) The engineer shall make maps and profiles of the district improvements, including any part of the improvements which extends beyond the boundaries of the...
• Texas Section 53.121 - Constructing Sanitary Sewer Systems
  (a) A district may purchase, construct, acquire, own, operate, repair, improve, and extend sanitary sewer systems to control wastes, if no other public sanitary sewer...
• Texas Section 53.122 - Regulating Sanitary Conditions Inside The District
  (a) A district may regulate the installation, maintenance, and operation of plumbing fixtures and facilities inside the district for the purpose of: (1) maintaining safe...

SUBCHAPTER E GENERAL FISCAL PROVISIONS

• Texas Section 53.126 - Effect Of Enumeration Of Powers
  No statement of specific powers in this chapter is a limitation on the general powers given by this chapter, unless it is specifically so stated....
• Texas Section 53.145 - Payment Of Election Expenses
  The board shall pay all expenses of calling and holding each election, except the creation election, from any district funds except the interest and sinking...
• Texas Section 53.146 - Maintenance Fund
  (a) A district shall have a maintenance and operating fund. The fund consists of all money collected by assessment or otherwise for maintaining and operating...
• Texas Section 53.150 - Payment Of Damages
  The district shall pay out of any funds or property of the district, except the interest and sinking fund: (1) compensation and damages adjudicated in...

SUBCHAPTER F BOND AND TAX PROVISIONS

• Texas Section 53.151 - Cost Of Sanitary Sewer Systems
  (a) The board may pay the cost of acquiring and repairing sanitary sewer systems from: (1) the proceeds of sale of bonds or other obligations...
• Texas Section 53.171 - Power To Issue Bonds
  (a) A district may issue bonds to secure indebtedness for any purpose authorized by this chapter, Chapter 49, or other applicable laws. (b) A district...
• Texas Section 53.172 - Ordering Bond Election
  After the creation of a district and the qualification of the supervisors, the board may order an election in the district to authorize a bond...
• Texas Section 53.176 - Issuing Bonds
  (a) After declaring the result of the election, the board shall make and enter an order in the minutes directing the issuing of bonds sufficient...
• Texas Section 53.177 - Approving Bonds
  (a) Before the board offers bonds for sale, it shall send to the attorney general a certified copy of all proceedings relating to organizing the...
• Texas Section 53.178 - Registering Bonds
  When the attorney general approves the bonds, the comptroller shall register them in a book kept for that purpose. The comptroller shall record the certificate...
• Texas Section 53.179 - Selling Bonds
  After the bonds are registered, the board shall sell them on the best terms and for the best price possible. The board shall promptly pay...
• Texas Section 53.180 - Recording Of Bond Issues
  (a) After the bonds are issued, the board shall deliver a well-bound book to the county treasurer, who shall keep in the book a list...
• Texas Section 53.181 - Paying Bonds And Interest
  At the time for paying interest or for redeeming the bonds, the district depository shall receive and cancel any interest coupons paid or any bonds...
• Texas Section 53.182 - Bonds Payable From Revenues And Ad Valorem Taxes
  (a) For the purpose of constructing, purchasing, repairing, improving, and extending authorized improvements, a district may issue bonds payable solely from the revenues of: (1)...
• Texas Section 53.183 - Election Required
  (a) A district may not issue bonds as authorized in Section 53.182 of this code unless an election is first held in the district and...
• Texas Section 53.184 - Refunding Bonds
  (a) With the consent of the holders, a district may refund outstanding bonds by issuing new coupon bonds in their place. (b) Interest is shown...
• Texas Section 53.185 - Rates And Charges
  If the board issues revenue bonds or combination tax and revenue bonds, the board, at the time it authorizes the bonds, shall fix rates and...
• Texas Section 53.186 - Interest And Sinking Fund
  (a) A district shall have an interest and sinking fund. The board shall credit to this fund all taxes collected for the payment of interest...
• Texas Section 53.187 - Investment Of Sinking Fund
  The board may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds may by law be invested....
• Texas Section 53.188 - Levy Of Taxes
  After the district has issued bonds, the board shall levy taxes on all property in the district, whether real, personal, or mixed. The board shall...
• Texas Section 53.189 - Assessor And Collector--office
  The assessor and collector shall maintain an office. Acts 1971, 62nd Leg., p. 418, ch. 58, Sec. 1, eff. Aug. 30, 1971.
• Texas Section 53.190 - Subject To Rules Of Board
  The assessor and collector is subject to the rules and regulations of the board in the same manner as provided by law for assessors and...

Last modified: September 28, 2016