SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B CREATION OF DISTRICT; CONVERSION TO ARTICLE XVI, SECTION 59, DISTRICT
- Texas Section 56.001 - Definitions
In this chapter: (a) "District" means any drainage district organized under this chapter. (b) "Board" means the governing body of a drainage district. (c) "Commissioners...
- Texas Section 56.011 - Creation Of District
A drainage district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52,...
- Texas Section 56.012 - Name Of Each District
The name of each district shall include the name of the county in which it is located and each district shall be numbered in consecutive...
- Texas Section 56.013 - Area Included In A District
A district may include all or part of any village, town, or municipal corporation, but land included in one district may not be included in...
- Texas Section 56.014 - Petition
(a) Any person may present a petition to the commissioners court requesting the creation of a district. The petition shall be signed by at least...
- Texas Section 56.015 - Deposit
(a) Any person filing a petition shall deposit with the clerk of the commissioners court cash, in an amount to be determined by the county...
- Texas Section 56.016 - Time Of Hearing
At the same meeting at which the petition is presented, the commissioners court shall schedule a hearing on the petition at a regular or special...
- Texas Section 56.017 - Notice
(a) The commissioners court shall order the clerk to give notice of the time and place of the hearing on the petition by posting a...
- Texas Section 56.018 - Hearing On The Petition
At the hearing on the petition, any person whose land would be affected by creating the district may appear before the commissioners court and may...
- Texas Section 56.019 - Findings
(a) At the hearing on the petition, if it appears to the commissioners court that drainage of the proposed district is feasible and practicable and...
- Texas Section 56.020 - Engineer
(a) If the findings of the commissioners court under Section 56.019 of this code favor creating the district, the commissioners court shall appoint a competent...
- Texas Section 56.021 - Engineer's Bond
The engineer shall execute a bond for $500 with two or more sureties approved by the commissioners court, payable to the county judge for the...
- Texas Section 56.022 - Survey And Preliminary Plans
(a) Within the time prescribed by the commissioners court, the engineer shall make a careful survey of the land proposed to be drained and protected...
- Texas Section 56.023 - Map
(a) The engineer shall include with his report a map showing: (1) the beginning point and outlets of canals, drains, ditches, and laterals; (2) the...
- Texas Section 56.024 - Hearing On Preliminary Report
(a) At the first regular or special meeting of the commissioners court after the engineer files his preliminary report with the clerk, the commissioners court...
- Texas Section 56.025 - Changing The Preliminary Report
(a) The commissioners court may change the location of any improvement shown in the preliminary report or may add to or reduce the number of...
- Texas Section 56.026 - Adopting The Preliminary Report
If there are no objections to the preliminary report or if the commissioners court finds that objections to the report are not valid, the report...
- Texas Section 56.032 - Authorizing Existing Districts To Operate Under Article Xvi, Section 59, Of The Texas Constitution
(a) Any existing district may be authorized to operate under the provisions of Article XVI, Section 59, of the Texas Constitution without change of name...
SUBCHAPTER C ADMINISTRATIVE PROVISIONS
- Texas Section 56.033 - Alternate Procedure For Creation
(a) The landowners of a defined area of territory not included in a district may file with the commissioners court a petition requesting an election...
- Texas Section 56.061 - Creation Of Board
(a) A district is governed by a board of three directors unless special law provides otherwise. (b) When a district is established, the commissioners court...
- Texas Section 56.062 - Eligibility Requirements For Directors
To be eligible to serve as a director, a person must satisfy the requirements of Section 141.001(a), Election Code. Added by Acts 2001, 77th Leg.,...
- Texas Section 56.064 - Election Of Directors
(a) For any district in which special law requires that directors be appointed, except when the special law otherwise provides, on petition of a majority...
- Texas Section 56.0641 - Election Procedures
(a) In those districts referred to in Subsection (b) of Section 56.064, until otherwise ordered by the board of directors, the three persons receiving the...
- Texas Section 56.0642 - Applicability To Special Law Districts
Subsection (b) of Section 56.064 and Section 56.0641 of this code apply to drainage districts created or governed by special law where the special law...
- Texas Section 56.069 - Transfer Of Board's Power To Commissioners Court
(a) The functions, powers, rights, and duties exercised by or relating to the board of any district may be transferred to the commissioners court of...
SUBCHAPTER D POWERS AND DUTIES
- Texas Section 56.082 - Hearing; Powers Of The Commissioners Court
(a) Except as otherwise provided in this chapter, the commissioners court has exclusive jurisdiction to hear and determine: (1) contests and objections to creating a...
- Texas Section 56.111 - Control And Repair Of District Improvements
The board may control and supervise the construction and maintenance of canals, drains, ditches and levees, and other improvements of the district and shall keep...
- Texas Section 56.115 - Duties Of The Engineer
(a) The engineer shall make a map of the district showing: (1) the boundary lines of the district; (2) the original surveys within the boundaries...
- Texas Section 56.116 - Maps And Estimates
(a) The map and profile shall include the relation that each canal, drain, ditch, or levee bears to each tract of land through which it...
- Texas Section 56.120 - Railroad Culverts
(a) At the expense of the district, the board may construct necessary bridges and culverts across or under a track or right-of-way of a railroad...
- Texas Section 56.121 - Road Culverts
The board shall build necessary bridges and culverts across or over canals, drains, ditches, laterals, and levees which cross a county or public road and...
- Texas Section 56.122 - Constructing Bridges And Culverts In Certain Counties
(a) If it is necessary to build a bridge or culvert across or over a state highway located in a county having a population of...
- Texas Section 56.123 - Change In Plans Without Additional Expenditures
(a) After the board authorizes bonds to be issued, the board may make changes in the district or its improvements which will be an advantage...
- Texas Section 56.124 - Change In Plans With Additional Expenditures
(a) If the board decides that changes or additions in the preliminary survey would be of advantage to the district but would necessitate issuing additional...
- Texas Section 56.125 - Additional Improvements
(a) After completion of improvements, including bridges and culverts, and after payment of all expenses, if surplus money or bonds remain to the credit of...
- Texas Section 56.126 - Changes, Additions, And Improvements
When the board determines that a necessity exists, it may make changes in, additions to, and improvements in the drainage system of the district and...
- Texas Section 56.128 - Injuring Drainage Canal Or Ditch
Any person who wilfully fills up, cuts, injures, destroys, or impairs the usefulness of any canal, drain, ditch, watercourse, or other work constructed, repaired, or...
- Texas Section 56.135 - Interest In Drainage Contract
A county judge, county commissioner, director of the board, or drainage engineer who becomes interested in any contract for construction of any work by the...
- Texas Section 56.140 - Public And Private Improvements
(a) Canals, drains, ditches, and levees which are constructed by a district and watercourses which are cleaned or constructed by a district are the public...
- Texas Section 56.141 - Outside Drains
(a) Before a person artificially drains adjacent land located outside the district into the canals, drains, or ditches of the district, the person must submit...
- Texas Section 56.142 - Enlargement Of Canals, Drains, And Other Outlets
(a) If the engineer's report indicates that the capacity of the canals, drains, or outlets of the district are insufficient to carry the excess water...
- Texas Section 56.143 - Contract For Improvements With The United States
(a) Any district which is converted under Section 56.032 of this code and which lies wholly within one county may enter into contracts with the...
SUBCHAPTER E GENERAL FISCAL PROVISIONS
- Texas Section 56.144 - Interlocal Agreements
A district created pursuant to this chapter, special law or other general law may enter into an interlocal agreement with another political subdivision to accomplish...
SUBCHAPTER F ISSUANCE OF BONDS AND NOTES
- Texas Section 56.182 - District Funds
(a) The construction and maintenance fund consists of money, effects, property, and proceeds received by the district from any source except that portion of tax...
- Texas Section 56.201 - Authority To Issue Bonds
Any district may issue bonds as provided in this chapter to pay for drainage improvements. Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1,...
- Texas Section 56.202 - Issuance Of Bonds
When maps, profiles, and estimates are filed, the board shall issue an order directing the issuance of bonds sufficient to pay for proposed improvements together...
- Texas Section 56.203 - Record Book For Bonds
(a) Before any bonds are issued, the board shall provide a well-bound book in which the board shall keep a record of: (1) all bonds...
- Texas Section 56.204 - Bonds: Requisites
(a) Bonds shall be issued in the name of the district, signed by the board president, and attested by the board secretary, and each bond...
- Texas Section 56.205 - Bonds: Approval
(a) After the bonds are sold, the district shall submit to the attorney general: (1) the actual bonds; (2) a certified copy of the board's...
- Texas Section 56.207 - Bonds: Sale
(a) The board shall advertise and sell the bonds on the best terms and for the best price possible. (b) The board shall deposit all...
- Texas Section 56.209 - Use Of Unsold Bonds For Maintenance Purposes
If any bonds remain unsold which are not required to complete improvements, the board may enter its consent on the public record to sell the...
- Texas Section 56.210 - Refunding Bonds
(a) A district may refund outstanding bonds by issuing new bonds as provided by Chapter 1207, Government Code. (b) The district shall issue the bonds...
- Texas Section 56.211 - Refunding Bond Election
(a) If indebtedness to be refunded includes obligations other than voted bonds, in any district operating under Article III, Section 52, or Article XVI, Section...
- Texas Section 56.212 - Approval And Issuance Of Refunding Bonds
(a) If the board declares the result of the election under Section 56.211 of this code to favor the issuance of refunding bonds and the...
SUBCHAPTER G TAXATION PROVISIONS
- Texas Section 56.213 - Tax Anticipation Notes; Bond Anticipation Notes
(a) A district may borrow money by issuing negotiable tax anticipation notes or bond anticipation notes if the board finds that the district has an...
- Texas Section 56.241 - Levy Of Taxes To Pay For Bonds
After bonds are authorized at an election, the board shall have taxes annually assessed and collected on all property in the district sufficient to pay...
- Texas Section 56.242 - Maintenance Tax
(a) The board shall have a tax assessed and collected on district property sufficient to maintain, repair, and preserve district improvements and to pay legal...
- Texas Section 56.247 - Levying Taxes On The Benefit Basis
A district operating under Article XVI, Section 59, of the Texas Constitution, may levy taxes on the benefit basis, which means the levy of a...
- Texas Section 56.248 - Authorizing Taxation On The Benefit Basis For Newly Created Districts
(a) In a petition to create a district under Article XVI, Section 59, of the Texas Constitution, the petitioner may request that taxes in the...
- Texas Section 56.249 - Authorizing Taxation On The Benefit Basis For Existing District
(a) A district may levy taxes on the benefit basis as provided in this section. (b) Any person may present to the board a petition,...
- Texas Section 56.250 - Law Governing Districts Levying Taxes On The Benefit Basis
A district that levies taxes on the benefit basis is governed by the provisions of this chapter. However, the rate of taxation and the assessment...
SUBCHAPTER H DISSOLUTION
- Texas Section 56.251 - Determining Acreage In The District
(a) In districts levying taxes on the benefit basis, the board shall appoint three freehold taxpaying voters in the district as a committee to determine...
- Texas Section 56.291 - Authority To Dissolve A District
Subject to the provisions of Sections 50.251-50.256 of this code, a district created under this chapter may be dissolved as provided in this subchapter. Acts...
- Texas Section 56.292 - Petition
At a regular meeting of the board, any resident freehold taxpayer of the district may present a petition signed by at least five percent of...
- Texas Section 56.293 - Deposit
(a) Any person filing a petition shall deposit with the board an amount sufficient to pay the cost of conducting an election within the district...
- Texas Section 56.294 - Election
(a) Notice of the election to dissolve the district shall be posted and the election shall be held as provided by this chapter for elections...
- Texas Section 56.295 - Result Of The Election
(a) The returns of the election shall be made and the votes canvassed as provided in this chapter. (b) If the proposition carries, the board...
- Texas Section 56.296 - Settlement Of Debts
(a) When the district is dissolved, the commissioners court shall provide for settlement of debts of the district, including costs and expenses of holding the...
- Texas Section 56.297 - Dissolution Tax
(a) The commissioners court shall determine the amount of debt owed by the district and shall apportion the amount of the debt among the property...
- Texas Section 56.299 - Retirement Of Bonds
If there are outstanding bonds at the time the district is dissolved, the commissioners court may immediately enter into negotiations with the bondholders to retire...
- Texas Section 56.300 - Trustee
On filing and approval of a bond, the county treasurer becomes the trustee for the dissolved district. Acts 1971, 62nd Leg., p. 525, ch. 58,...
- Texas Section 56.301 - Trustee's Bond
The county treasurer shall execute a good and sufficient bond in a sum to be determined by the commissioners court, payable to and approved by...
- Texas Section 56.302 - Trustee's Compensation
(a) The trustee is entitled to receive for his services one percent of all money received by him for the dissolved district and one percent...
- Texas Section 56.303 - Powers Of The Trustee
(a) The commissioners court shall provide for disposition and sale of district property, and after giving the required bond, the trustee shall assume control from...
- Texas Section 56.304 - Expenses Of The Trustee
(a) The trustee shall charge against the trust estate all reasonable expenses incurred by him in caring for, conducting, and controlling the business of the...
- Texas Section 56.305 - Presentation Of Claims
(a) Within the six-month period immediately following approval of the trustee's bond, any person who has a claim against the district shall present the claim...
- Texas Section 56.306 - Approval Of Claim
(a) At a regular meeting, the commissioners court shall determine the validity of the claim, and if the commissioners court finds that the claim is...
- Texas Section 56.307 - Appeal
If any claimant is not satisfied with the judgment of the commissioners court, he may appeal the judgment in the manner that cases are appealed...
- Texas Section 56.308 - Rejection Of Claim
(a) If the trustee finds any claim unjust either in whole or in part, he shall endorse on the claim his refusal to allow it....
- Texas Section 56.309 - Bonds And Approved Claims
Bonds and approved claims which were outstanding debts of the district before its dissolution are valid and subsisting claims against the district without further approval...
- Texas Section 56.310 - Contesting Claim
(a) If any district taxpayer files with the trustee a protest against any claim which was allowed by the former drainage commissioners before the district...
SUBCHAPTER J ALTERNATE PROCEDURE FOR ANNEXATION BY EXISTING DISTRICT
- Texas Section 56.311 - Final Report Of Trustee
(a) When all claims against the district are paid and all costs and expenses incurred in controlling and managing the district are satisfied, the trustee...
- Texas Section 56.751 - Petition For Annexation
The landowners of a defined area of territory not included in a district may file with the secretary of the board a petition requesting an...
- Texas Section 56.752 - Hearing On Determination Of Petition
(a) The board shall hear the petition to determine if the petition meets the requirements of Section 56.751. (b) The board by order shall set...
- Texas Section 56.753 - Notice Of Hearing
(a) The secretary of the board shall issue notice of the time and place of the hearing. The notice must describe the territory proposed to...
- Texas Section 56.754 - Elections To Approve Annexation Of Territory
(a) If the board determines the petition meets the requirements of Section 56.751, the board shall order elections to approve the annexation. (b) Annexation of...
- Texas Section 56.755 - Notice And Procedure Of Election
The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters...
SUBCHAPTER K CONSOLIDATION OF DISTRICTS
- Texas Section 56.756 - Liability Of Added Territory
The added territory shall bear its pro rata part of all indebtedness or taxes that may be owed, contracted, or authorized by the district to...
- Texas Section 56.801 - Consolidation Of Districts
Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter. Amended by Acts 1999, 76th Leg., ch....
- Texas Section 56.802 - Consolidation By Agreement
(a) The boards of the districts proposed to be consolidated may initiate consolidation. (b) The board of each district proposed to be consolidated must agree...
- Texas Section 56.803 - Consolidation By Petition
(a) Consolidation may be initiated by a petition requesting that the districts be consolidated. (b) The petition must be signed by a number of qualified...
- Texas Section 56.804 - Time Of Holding Election; Cost Of Election
(a) The election shall be held on a uniform election day in May. (b) The election date selected must provide sufficient time for the preparation...
- Texas Section 56.805 - Ballot
The ballot in the election shall be printed to permit voting for or against the proposition: "Consolidation of __________ (names of districts to be consolidated)...
- Texas Section 56.806 - Canvass; Result
(a) The board of each district proposed to be consolidated shall canvass the returns of the election held in that district. The board of each...
- Texas Section 56.807 - Governing Consolidated Districts; Election Of Directors
(a) When two or more districts are consolidated, they become one district and are governed as one district. (b) Until the directors of the consolidated...
- Texas Section 56.808 - Title To Property; Assumption Of Debt
(a) Title to all property of the consolidating districts vests in the consolidated district. The consolidated district assumes and is liable for the outstanding indebtedness...
- Texas Section 56.809 - Unexpended Bond Proceeds
Any money received from the sale of bonds by a consolidating district that has not been spent before the date of consolidation may be spent...
- Texas Section 56.810 - Fiscal Year; Budget
(a) A consolidated district shall adopt a fiscal year. The fiscal year may be provided for in the consolidation agreement or adopted by the board...