Texas Water Code Chapter 61 - Article Iii, § 52, Navigation Districts

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B CREATION OF DISTRICT

• Texas Section 61.001 - Definitions
  In this chapter: (1) "District" means a navigation district created under Article III, Section 52, of the Texas Constitution. (2) "Commission" means the navigation and...
• Texas Section 61.021 - Creation
  A navigation district may be created as provided in this chapter to operate under Article III, Section 52 of the Texas Constitution. Acts 1971, 62nd...
• Texas Section 61.022 - Area Included In District
  A district may include all or part of a village, town, or municipal corporation, but may not include more than all or parts of two...
• Texas Section 61.023 - District May Include Road District
  On petition signed by a majority of the property taxpayers who reside in the special road district, a district which includes all or parts of...
• Texas Section 61.024 - Petition To Create Single-county District
  (a) To create a district located wholly in one county, a petition, signed by 25 of the resident property taxpayers, or if there are fewer...
• Texas Section 61.025 - Petition To Create District In Two Counties
  (a) If the proposed district is located in two counties, the petition shall be presented to the commissioners court of the county which includes the...
• Texas Section 61.026 - Deposit
  (a) The petition shall be accompanied by $500 in cash, which shall be deposited with the clerk of the commissioners court. (b) The money shall...
• Texas Section 61.027 - Hearing
  (a) On presentation of the petition, the commissioners court shall order a hearing to be held at a regular or special term of the commissioners...
• Texas Section 61.028 - Notice Of Hearing
  (a) The commissioners court shall order the clerk to give notice of the date and place of the hearing by posting a copy of the...
• Texas Section 61.029 - Hearing By Board
  (a) If the proposed district includes all or part of a city acting under special charter granted by the legislature, the hearing shall be held...
• Texas Section 61.030 - Conduct Of Hearing
  (a) The commissioners court or the board has exclusive jurisdiction to hear and determine all contests and objections to the creation of the proposed district,...
• Texas Section 61.031 - Findings
  (a) If it appears at the hearing that the proposed improvements are feasible and practicable and would be a public benefit and utility, the commissioners...
• Texas Section 61.032 - Providing Funds For Proposed Improvements
  (a) If the commissioners court or the board approves the boundaries in the petition or as changed and decides to grant the petition, it shall...
• Texas Section 61.033 - Election Order
  (a) If the commissioners court or the board finds in favor of the establishment of the district and the issuance of bonds and levy of...
• Texas Section 61.034 - Elections
  (a) When an election is held under this chapter, notice shall be posted for 30 days before the election in the manner provided for posting...
• Texas Section 61.035 - Ballots
  The ballots for the election shall be printed to provide for voting for or against the proposition: "The creation of a navigation district and the...

SUBCHAPTER C ADMINISTRATIVE PROVISIONS

• Texas Section 61.036 - Declaration Of Result
  If the proposition carries at the election, the commissioners court shall enter the following declaration in its minutes: "Commissioners Court of __________ County, Texas, __________...
• Texas Section 61.071 - Appointment Of Commissioners
  After a district is created, the commissioners court or the board, by majority vote, shall biennially appoint three commissioners to the commission. Acts 1971, 62nd...
• Texas Section 61.072 - Organization: Quorum
  The commission shall organize by electing one of their number chairman and one secretary. Two of the commissioners shall constitute a quorum, and a concurrence...
• Texas Section 61.073 - Qualifications
  To be qualified for appointment as a commissioner, a person must be a resident of the district, a freehold property taxpayer, and a qualified elector...
• Texas Section 61.074 - Term Of Office, Removal, And Succession
  (a) Each commissioner shall hold office for four years and until his successor has qualified, unless sooner removed by a majority vote of the commissioners...
• Texas Section 61.075 - Commissioner's Oath
  Each commissioner shall subscribe an oath before the county judge of the county of jurisdiction to discharge faithfully the duties of his office without favor...
• Texas Section 61.076 - Commissioner's Bond
  Each commissioner shall execute a good bond for $1,000, payable to the county judge for the use and benefit of the district and conditioned on...
• Texas Section 61.077 - Commissioners' Compensation
  The commissioners are entitled to receive for their services compensation fixed by the commissioners court and entered in the record. Acts 1971, 62nd Leg., p....
• Texas Section 61.078 - District Treasurer
  The county treasurer of the county of jurisdiction shall be treasurer of the district. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff....
• Texas Section 61.079 - District Treasurer's Bond
  (a) Before receiving the proceeds of any district bonds and before receiving any district funds from any source, the district treasurer shall execute a good...
• Texas Section 61.080 - District Treasurer's Compensation
  The district treasurer shall be entitled to receive for his services an amount fixed by the commission. Acts 1971, 62nd Leg., p. 110, ch. 58,...
• Texas Section 61.081 - Duties Imposed Without Compensation
  The duties and powers conferred on county, city and other officers under this chapter are a part of the legal duty of the officers which...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 61.082 - Court Actions
  (a) The district, by and through its commission, may sue and be sued in any court in this state in the name of the district....
• Texas Section 61.111 - Purposes Of District
  A district may: (1) improve rivers, bays, creeks, streams, and canals inside or adjacent to the district; (2) construct and maintain canals and waterways to...
• Texas Section 61.112 - Employees And Counsel
  (a) The commission may employ assistant engineers and other employees which are necessary and may determine their compensation. (b) The commission may retain counsel to...
• Texas Section 61.113 - Authority To Go On Land
  The commissioners and engineers, together with all necessary teams, help, tools and instruments, may go on any land located inside the district for the purpose...
• Texas Section 61.114 - Penalty For Prohibiting Entry To Land
  Any person who wilfully prevents or prohibits any officer listed in Section 61.113 of this code from entering land for the purposes stated in that...
• Texas Section 61.115 - Acquisition Of Property
  The commission may acquire by gift, grant, purchase, or condemnation any necessary rights-of-way and property for necessary improvements contemplated by the district. Acts 1971, 62nd...
• Texas Section 61.116 - Lease Of State Owned Lands And Flats
  (a) Any district organized under this chapter or any special law or any general law under which navigation districts may be created may apply for...
• Texas Section 61.117 - Limitations On Sales And Use Of State Lands And Flats
  (a) The State of Texas shall retain its rights in all mines and minerals, including oil, gas, and geothermal resources, in and under the land,...
• Texas Section 61.118 - Construction Contracts
  (a) Except as provided in this section, the provisions of Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925, governing water control and preservation...
• Texas Section 61.119 - Interest In Contract Of Navigation District
  If the county judge, a county commissioner, a member of the board or the commission, or the engineer shall directly or indirectly become interested in...

SUBCHAPTER E PORT FACILITIES

• Texas Section 61.120 - Laws Governing Certain Functions Of District
  Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925, relating to eminent domain, employment and duties of the district engineer, cooperation with the federal...
• Texas Section 61.151 - Authority To Operate And Develop Port Facilities
  (a) A district created for the development of deep-water navigation which includes a city with a population of more than 100,000, according to the last...
• Texas Section 61.152 - Petition
  (a) If the board decides to exercise the rights, powers, and authority provided in this subchapter, it shall certify this desire to the commissioners court...
• Texas Section 61.153 - Hearing: Testimony
  Any person who may be affected may appear before the board on the day of the hearing and contest the necessity, advisability, or practicability of...
• Texas Section 61.154 - Election Order
  After the hearing, if the board determines that the election should be held, the commissioners court shall order an election to determine whether or not...
• Texas Section 61.155 - Ballots
  The ballots for the election shall be printed to provide for voting for or against the following proposition: "The development of the port by the...
• Texas Section 61.156 - Election Expense
  The district shall pay the expense of the election. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
• Texas Section 61.157 - Declaration Of Results
  If the result of the election favors the development of a port by the district, the commissioners court shall declare the result and shall enter...
• Texas Section 61.158 - Appointment Of Commissioners
  (a) If the provisions of this subchapter are adopted by a district, the district shall be managed, governed, and controlled by a commission composed of...
• Texas Section 61.159 - Term Of Office: Removal: Succession
  (a) Except for the original appointments, each commissioner shall serve for a term of two years and until his successor is qualified. (b) One of...
• Texas Section 61.160 - Qualifications; Compensation; Authority
  (a) Each commissioner shall be a freehold property taxpayer and a qualified elector in the district. (b) Each commissioner shall execute a bond and shall...
• Texas Section 61.161 - Eminent Domain
  (a) The district may exercise the power of eminent domain. (b) A district created under this chapter may elect to take advantage of the condemnation...
• Texas Section 61.162 - Lease And Rental Of Facilities
  A district may acquire and take over, by lease or rental agreements, for a period of not less than 25 years, the docks, wharves, buildings,...
• Texas Section 61.163 - Unimproved Land
  (a) A district which acquires, leases, or takes over unimproved land owned or controlled by any incorporated municipality, may pay for the use, rental, or...
• Texas Section 61.164 - Franchises
  (a) The district may grant franchises to persons or corporations on property owned or controlled by the district if the franchises are granted for purposes...
• Texas Section 61.165 - Franchise Election
  If the commission determines that a proposed franchise should be submitted to a vote of the people, it shall so certify to the commissioners court,...
• Texas Section 61.166 - Ballots
  (a) The ballot shall explain the nature of the franchise sufficiently to identify it. (b) The ballots shall be printed to provide for voting for...
• Texas Section 61.167 - Election Result
  If at the election a majority of those voting approve the franchise, it shall be granted. If those voting do not approve the franchise, it...
• Texas Section 61.168 - Petition Protesting Franchise
  The franchise may be suspended from taking effect if, before the date when the franchise is granted, a petition signed by qualified voters of the...
• Texas Section 61.169 - Contracts
  The provisions governing the award of contracts by districts shall apply in all cases consistent with the provisions of this subchapter except that in case...
• Texas Section 61.170 - Authority To Incur Debt
  (a) The district may issue bonds for the purposes stated in Section 61.151 of this code and for the purpose of (1) acquiring necessary land,...
• Texas Section 61.171 - Bonds
  (a) On compliance with the provisions of this subchapter the district may issue bonds to pay for the improvements and facilities and to acquire the...
• Texas Section 61.172 - Financing Purchases
  (a) The commission may have issued in the manner provided in this chapter bonds of the district in an amount that represents the purchase price...
• Texas Section 61.173 - Election On The Purchase Of Facilities
  (a) No bonds shall be issued or tax levied until the question of purchase of the facilities is submitted to a vote of the people...
• Texas Section 61.174 - Employees; County Auditor, Duties And Compensation
  (a) The commission may employ all persons necessary for the construction, maintenance, operation, and development of the business and facilities of the district and may...
• Texas Section 61.175 - Powers
  (a) A district operating under this subchapter shall have all the rights, powers, and authority granted by this chapter and shall have all the authority...

SUBCHAPTER F GENERAL FISCAL PROVISIONS

• Texas Section 61.176 - City Police Powers
  Nothing in this subchapter shall repeal or affect the police powers of any municipality inside the district, or any law, ordinance, or regulation authorizing and...
• Texas Section 61.211 - Maintenance Fund
  (a) After the district is created all expenses necessarily incurred after the petition was filed in connection with the creation, establishment, and maintenance of the...

SUBCHAPTER G BOND AND TAX PROVISIONS

• Texas Section 61.212 - District Depository
  The commission shall select a depository for the district as provided by Section 60.271. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff....
• Texas Section 61.231 - Issuance Of Bonds
  When the commission determines the cost of the proposed improvements, the expenses incident to the improvements, and the cost of maintenance of the improvements, it...
• Texas Section 61.232 - Limitation On Bond Issue
  Outstanding bonds and additional bonds which are authorized may not be more than one-fourth of the assessed value of the real property in the district,...
• Texas Section 61.233 - Requisites Of Bonds
  (a) All bonds issued under the provisions of this subchapter shall be issued in the name of the district, signed by the county judge, and...
• Texas Section 61.234 - Sale Of Bonds
  (a) After the bonds are registered, the chairman of the commission shall offer them for sale and shall sell the bonds for the best price...
• Texas Section 61.235 - Chairman's Bond
  Before the chairman of the commission may sell the bonds, he shall execute a good bond, payable to the county judge and his successors, in...
• Texas Section 61.236 - Tax Levy
  (a) When bonds have been approved, the commissioners court annually shall levy and have assessed and collected improvement taxes sufficient to pay the interest on...
• Texas Section 61.237 - Assessment And Collection Of Taxes
  The tax assessor and collector of each county in the district shall assess and collect district taxes. Acts 1971, 62nd Leg., p. 110, ch. 58,...
• Texas Section 61.238 - Additional Bond Issue
  (a) If the proceeds of the original bonds are insufficient to complete the proposed improvements or construction, or if the commission decides to undertake further...
• Texas Section 61.239 - Sinking Fund Investments
  The commissioners court may invest the sinking fund in county, municipal, district, or other bonds approved by the attorney general. Acts 1971, 62nd Leg., p....

Last modified: September 28, 2016