Texas Water Code Title 4, Chapter 57 - Levee Improvement Districts

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B CREATION OF DISTRICT

• Texas Section 57.001 - Definitions
  In this chapter: (1) "District" means levee improvement district. (2) "Board" means the board of directors of a levee improvement district. (3) "Water commission" means...
• Texas Section 57.011 - Creation
  A levee improvement district may be created in the manner prescribed by this chapter under Article XVI, Section 59, of the Texas Constitution. Acts 1971,...
• Texas Section 57.012 - Petition
  (a) Before a district is created, a petition must be presented to the commissioners court or to the county judge of the county if the...
• Texas Section 57.013 - Deposit
  (a) A petition for creation of a district shall be accompanied by a deposit of $50, and if the district is to be composed of...
• Texas Section 57.014 - Hearing On Petition
  The commissioners court or the county judge to which the petition is presented shall fix a time and place for the hearing on the petition...
• Texas Section 57.015 - Notice Of Hearing
  (a) The commissioners court shall order the county clerk to issue notice informing all persons concerned of the time and place of the hearing, and...
• Texas Section 57.016 - Investigation By Executive Director
  (a) When the executive director receives the notice provided for in Section 57.015(d), he shall examine the proposed district, and do the work required to...
• Texas Section 57.017 - Hearing Procedure
  (a) The commissioners court has exclusive jurisdiction to determine all issues with respect to the creation of the district and all issues involved in proceedings...
• Texas Section 57.018 - Conduct Of Hearing
  At the hearing, the commissioners court shall hear the petition and all issues with respect to the creation of the proposed district. Any person interested,...
• Texas Section 57.019 - Findings And Judgment
  (a) Before the commissioners court determines that the district should be created, it must find: (1) that the petition is signed by the owners of...
• Texas Section 57.020 - Appeal Of Dismissal Of Petition
  If at the hearing on the petition the commissioners court enters an order dismissing the petition, the petitioners or any one of them or any...
• Texas Section 57.021 - Notice Of Appeal
  (a) Notice of the appeal shall be given by announcement at the time the order of the commissioners court is recorded or by written notice...
• Texas Section 57.022 - Appeal Bond
  Within five days from the date the order is recorded, the appellant must file an appeal bond with two or more good and sufficient sureties,...
• Texas Section 57.023 - Time For Appeal
  Unless the appeal is perfected according to Sections 57.021-57.022 of this code within five days after the order is rendered, the order shall be final...
• Texas Section 57.024 - Transfer Of Records And Orders
  Within five days after the appeal bond is filed, the county clerk must transfer to the clerk of the district court all the records filed...
• Texas Section 57.025 - Trial Of Appeal And Judgment
  (a) The district court shall set the appeal for a hearing. The appeal shall be tried de novo. (b) The judgment of the district court...

SUBCHAPTER C ADMINISTRATIVE PROVISIONS

• Texas Section 57.026 - Authorizing Districts To Operate Under This Chapter
  (a) Districts that are organized under the laws of this state for the purpose of reclaiming lands through a system of levees and drainage and...
• Texas Section 57.051 - Appointment Of Board Of Directors
  The commissioners court which creates a levee improvement district under this chapter, by majority vote, shall appoint three directors for the district. Acts 1971, 62nd...
• Texas Section 57.053 - Term Of Office, Removal, And Succession
  (a) A vacancy on the board shall be filled by majority vote of the commissioners court, and the court shall appoint directors so that the...
• Texas Section 57.057 - Election Of Board Of Directors
  After creation of a district, an election may be held to determine whether or not directors for the district will be elected rather than appointed....
• Texas Section 57.058 - Number Of Elected Directors
  In districts which have elected boards, there shall be five directors on the board. In countywide districts, one director shall be elected by the electors...
• Texas Section 57.059 - Qualifications For Elected Directors
  To be qualified for election as a director, a person must be a qualified property taxpaying elector of the precinct and county from which he...
• Texas Section 57.060 - Petition
  Before an election is held under Section 57.057, a petition, signed by at least 100 electors in the district who are qualified to vote, shall...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 57.061 - Procedure For Election
  After the petition is presented under Section 57.060, the board shall order an election. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff....
• Texas Section 57.091 - Purposes Of District
  A district may be created for the following purposes: (1) to construct and maintain levees and other improvements on, along, and contiguous to rivers, creeks,...
• Texas Section 57.092 - General Powers Of District
  (a) The district may enter into all necessary and proper contracts and employ all persons and means necessary to purchase, acquire, build, construct, complete, carry...
• Texas Section 57.093 - Adopting Rules And Regulations
  A district may adopt and enforce reasonable rules and regulations to: (1) preserve the sanitary condition of all water controlled by the district; (2) prevent...
• Texas Section 57.100 - Construction Of Levees
  (a) The district may construct the necessary levees, bridges, and other improvements across or under (1) railroad embankments, tracks, or rights-of-way; (2) public or private...
• Texas Section 57.101 - Construction Of Levees By Railroad Companies And Other Authorities
  (a) Before the district may construct a levee, bridge, or other improvement across or under any railroad improvement or right-of-way, any road, or any improvement...
• Texas Section 57.103 - Injuring Levees
  A person who wrongfully or purposely cuts, injures, destroys, or in any manner impairs the usefulness of a levee or other reclamation improvement, is guilty...
• Texas Section 57.104 - Construction Of Improvements
  The district may construct all improvements necessary or convenient to accomplish the purposes of the district. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec....
• Texas Section 57.108 - Conditions Of Contract
  (a) Repealed by Acts 2003, 78th Leg., ch. 248, Sec. 57. (b) Contracts may be awarded or entered in sections for the purpose of the...
• Texas Section 57.111 - Conditioning Contract On Sale Of Bonds
  After the approval and registration of bonds by the proper state officials as provided in this chapter, the board may award contracts conditioned on the...
• Texas Section 57.116 - Engineer's Construction Report
  (a) As work progresses on the district's improvements, the engineer shall make a report to the board, showing in detail whether or not the contract...
• Texas Section 57.117 - Inspection And Report By Executive Director
  (a) The executive director shall inspect the construction of a levee or other improvement once every 60 days after the construction work has commenced, and...
• Texas Section 57.118 - Compliance With Contract
  After the board receives a report that the contractor has failed to comply with the contract, it shall demand that the contractor comply with the...

SUBCHAPTER E ENGINEER'S REPORT

• Texas Section 57.121 - Interpretation Of District Powers
  Except as expressly provided, specific powers authorized by this chapter may not operate as a limitation on the general powers authorized by this chapter. Acts...
• Texas Section 57.151 - Authority Of Engineer
  The engineer, subject to the authority of the commission, shall control the engineering work of the district. Acts 1971, 62nd Leg., p. 110, ch. 58,...
• Texas Section 57.154 - Survey And Report
  (a) The engineer shall make a survey of the land inside the boundaries of the district, and land surrounding the district, that will be improved...

SUBCHAPTER F GENERAL FISCAL PROVISIONS

• Texas Section 57.155 - Contents Of Report
  (a) The engineer's report shall contain a complete plan for draining land, constructing levees on land, and reclaiming land of the district from overflow or...

SUBCHAPTER G ISSUANCE OF BONDS

• Texas Section 57.177 - Financing The District Without Bonds
  (a) If the district wants to carry out its purposes without issuing bonds, the board may arrange for contributions from landowners or other sources to...
• Texas Section 57.201 - Power To Issue Bonds
  The district may issue bonds, but it may not issue bonds nor incur any debt unless an election is held in the district and the...
• Texas Section 57.207 - Declaring Result Of Election
  The board shall enter an order declaring the election result in its minutes. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug....
• Texas Section 57.208 - Issuance Of Bonds
  (a) If the issuance of bonds and the levy of taxes to pay for the bonds are approved by the electors of the district, the...
• Texas Section 57.212 - Bond Record
  (a) After the bonds are issued, the board shall deliver a well-bound book to the county treasurer of the county of jurisdiction, who shall keep...
• Texas Section 57.213 - Refunding Bonds
  (a) With the consent of the bondholders, a district may refund outstanding bonds by issuing new coupon bonds in their place. (b) Interest is shown...
• Texas Section 57.2131 - Alternative Methods Of Issuing Refunding Bonds
  (a) A district may issue refunding bonds as provided for in this section, notwithstanding Section 57.213 of this code. (b) A district may issue bonds...
• Texas Section 57.214 - Issuance Of Refunding Bonds Without An Election
  A district which is converted under Article XVI, Section 59, of the Texas Constitution, may issue refunding bonds without the approval of the electors under...
• Texas Section 57.215 - Investment Of Sinking Fund
  The board or commissioners court of jurisdiction may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds...
• Texas Section 57.216 - Providing For Additional Funds
  (a) If the improvements in the engineer's report are insufficient to reclaim all of the land and other property inside the district, extensive repairs or...

SUBCHAPTER H TAX PROVISIONS

• Texas Section 57.217 - Eligibility Of District Bonds For Investments And Public Funds
  A district's bonds, when certified and approved by the attorney general and registered by the comptroller as herein provided, shall be legal and authorized investments...
• Texas Section 57.251 - Levy Of Taxes On The Ad Valorem Basis
  (a) If a district levies taxes on the ad valorem basis, it shall levy and have assessed and collected taxes on all taxable property in...
• Texas Section 57.258 - Assessment And Collection Of Taxes For Districts With Land In More Than One County
  (a) A district providing for the levy of taxes on the ad valorem basis which includes land located in more than one county has all...
• Texas Section 57.259 - Assessment Of Damages
  (a) In a district which levies taxes on the ad valorem basis, the commissioners of appraisement shall be appointed and shall act in the manner...
• Texas Section 57.260 - Levy Of Taxes On Benefit Basis
  (a) If a district levies taxes on the benefit basis, the commissioners court of each county in which any portion of that district is located...
• Texas Section 57.261 - Appointment Of Commissioners Of Appraisement
  The commissioners court of the county of jurisdiction in a district levying taxes on the benefit basis shall appoint three disinterested commissioners, known as "commissioners...
• Texas Section 57.262 - Qualifications For Commissioners Of Appraisement
  The commissioners of appraisement shall be freeholders, but not owners of land within the district for which they are to act, and shall not be...
• Texas Section 57.263 - Compensation Of Commissioners Of Appraisement
  (a) The commissioners of appraisement in their report shall show the number of days each has been employed and the actual expenses each has incurred...
• Texas Section 57.264 - Organization Of Commissioners Of Appraisement
  (a) The secretary of the board shall notify each of the commissioners of appraisement in writing of his appointment and of the time and place...
• Texas Section 57.265 - Duties Of Commissioners Of Appraisement
  (a) The commissioners of appraisement shall begin to perform their duties within 30 days after qualifying and organizing. (b) The commissioners of appraisement may at...
• Texas Section 57.266 - Report Of Commissioners Of Appraisement
  (a) The commissioners of appraisement shall prepare a report of their findings. The report shall include: (1) the name of the owner of each piece...
• Texas Section 57.267 - Notice Of Hearing
  (a) After the commissioners of appraisement file their report with the secretary of the board, the secretary shall publish notice of the time and place...
• Texas Section 57.268 - Rights Of Parties
  Parties interested in matters before the commissioners of appraisement may appear in person or by attorney, or both, and are entitled to process for witnesses,...
• Texas Section 57.269 - Hearing; Judgment
  (a) An owner of land or other property affected by the report of the commissioners of appraisement or by the engineer's report may file an...
• Texas Section 57.270 - Appeal Of Decree Of The Commissioners Of Appraisement
  (a) A person or the board may appeal from the decree of the commissioners of appraisement assessing or refusing to assess damages or fixing the...
• Texas Section 57.271 - Basis Of Taxation
  (a) After the action of the commissioners of appraisement, as provided in Sections 57.261-57.270 of this code, their final findings, judgment and decree assessing benefits,...
• Texas Section 57.272 - Tax Assessor For Districts Levying Taxes On Benefit Basis
  (a) The secretary of the board shall serve as tax assessor for a district levying taxes on the benefit basis. (b) When a tax is...
• Texas Section 57.273 - Readjusting Assessments
  (a) After one year from the date of the final judgment and decree of the commissioners of appraisement the owners of a majority of the...
• Texas Section 57.274 - Hearing On Petition For Reassessment
  (a) At the hearing on readjustment of assessments, the commissioners court shall hear the petition and receive evidence for or against the petition. (b) The...
• Texas Section 57.275 - Tax Collection On Reassessment
  (a) The judgment and decree of the commissioners of appraisement reassessing benefits in the district are the basis of the assessment of taxes in the...

SUBCHAPTER I DISSOLUTION

• Texas Section 57.279 - Collection Of Delinquent Taxes
  (a) Taxes levied on the benefit basis under this chapter are a first and prior lien on all property against which they are assessed and...
• Texas Section 57.321 - Dissolution Of A District
  Subject to the provisions of Sections 50.251-50.256 of this Code, if the commissioners court finds at any time before the sale of a district's bonds...
• Texas Section 57.322 - Requirements For Dissolving A District
  (a) To dissolve a district, a petition signed by the owners of a majority of the acreage in the district requesting the commissioners court to...
• Texas Section 57.323 - Return Of Taxes On Dissolution
  (a) If a district is dissolved, the commissioners court shall order returned to the taxpayers ratably any unspent taxes that have been levied and collected...
• Texas Section 57.324 - Dissolving A District By Election
  A district may dissolve its corporate existence by election. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
• Texas Section 57.325 - Petition
  To dissolve a district by election, a person shall present a petition, signed by the owners of a majority of the acreage in the district,...
• Texas Section 57.326 - Election Order
  (a) After it receives a petition under Section 57.325 of this code, the commissioners court shall order an election to be held in the district...
• Texas Section 57.327 - Election Procedure, Time, And Place For Holding Election
  The provisions of Sections 57.203-57.207 of this code apply, so far as possible, to a dissolution election. Acts 1971, 62nd Leg., p. 110, ch. 58,...
• Texas Section 57.328 - Ballot
  The commissioners court shall have the ballots printed to provide for voting for or against the following proposition and no other: "Dissolving the levee improvement...
• Texas Section 57.329 - Vote Necessary To Carry Proposition
  More than two-thirds of the persons voting in the election must vote to dissolve the district to carry the proposition. Acts 1971, 62nd Leg., p....
• Texas Section 57.330 - Commissioners Court Order Dissolving District
  (a) If the proposition to dissolve the district carries, the commissioners court shall make an order substantially as follows: "(Name of petitioner) and (number of...
• Texas Section 57.331 - Dissolution Trustees
  The commissioners court shall appoint as trustees, three landowners of the district, and the three appointed landowners assume the duties of trustees at the time...
• Texas Section 57.332 - Trustees' Bond
  (a) When the commissioners court issues the dissolution order under Section 57.330 of this code, the trustees shall execute jointly a good and sufficient bond...
• Texas Section 57.333 - Trustees' Compensation
  (a) The trustees are entitled to receive for their services as trustees a one-half of one percent commission on all money they receive for the...
• Texas Section 57.334 - Appointment Of Trustee To Fill Vacancy
  In case of death or resignation of a trustee, the commissioners court shall appoint a successor to fill the vacancy. Acts 1971, 62nd Leg., p....
• Texas Section 57.335 - General Duties Of Trustees
  (a) The trustees have control of the disposition and sale of all district property. (b) The trustees have control of all the property of the...
• Texas Section 57.336 - Trustees' Expense
  (a) The trustees shall make a charge against the trust estate for each reasonable expense incurred by them in conducting the business of the district...
• Texas Section 57.337 - Claims That Were Approved Before District Was Dissolved
  The trustees shall pay all unpaid bonds and claims outstanding against the district before the commissioners court issues the dissolution order except those which are...
• Texas Section 57.338 - Protesting Payment Of Claims Approved Before District Was Dissolved
  (a) If a person who pays taxes in the district protests the payment of a claim filed under Section 57.337 of this code, the trustees...
• Texas Section 57.339 - Claims Not Approved Before District Was Dissolved
  (a) A person who has a claim or judgment against the district which was not approved by the commissioners before the district was dissolved may...
• Texas Section 57.340 - Claims, Payment Orders, And Appeals
  (a) The commissioners court, in a regular session, shall pass on claims. The commissioners court shall approve each claim it finds to be correct and...
• Texas Section 57.341 - Claims Judgments
  (a) If a person making a claim sues the trustees for the amount of the claim and wins a judgment against the trustees, the person...
• Texas Section 57.342 - Claims To Be Paid
  The trustees shall pay from money left in the district's treasury on dissolution claims filed with them under Sections 57.336, 57.337, and 57.339 of this...
• Texas Section 57.343 - Disposition Of Debts After Election
  (a) If the district is dissolved, the commissioners court shall provide for the settlement of the debts of the district, including the costs and expenses...
• Texas Section 57.344 - Accelerated Retirement Of Bonds
  (a) If there are any district bonds outstanding at the time the commissioners court issues the dissolution order, the commissioners court shall immediately begin negotiations...
• Texas Section 57.346 - Final Trustee Report
  (a) After the trustees pay all valid claims established against the district and satisfy the cost and expenses of controlling and managing the district, they...

Last modified: September 28, 2016