Texas Water Code Chapter 62 - Article Xvi, § 59, Navigation Districts

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B CREATION OF DISTRICT

• Texas Section 62.001 - Definitions
  As used in this chapter: (1) "District" means a navigation district operating under the provisions of Article XVI, Section 59, of the Texas Constitution. (2)...
• Texas Section 62.021 - Creation Of District
  A navigation district may be created in the manner prescribed by this subchapter under Article XVI, Section 59, of the Texas Constitution. Acts 1971, 62nd...
• Texas Section 62.022 - Composition
  A district may include within its boundaries all or part of villages, towns, cities, road districts, drainage districts, irrigation districts, levee districts, other improvement districts,...
• Texas Section 62.023 - Petition
  (a) Any person may present a petition to the commissioners court in the county of jurisdiction, at a regular or special session, requesting the creation...
• Texas Section 62.024 - Deposit
  At the time the petition is filed with the commissioners court, the petitioner shall deposit $500 in cash with the clerk of the commissioners court....
• Texas Section 62.025 - Date Of Hearing
  (a) On presentation of the petition, the commissioners court of the county of jurisdiction shall set it for a hearing at the regular term of...
• Texas Section 62.026 - Hearing Before The Board
  If the boundaries of a proposed district include all or part of a city or cities acting under special charter granted by the legislature, the...
• Texas Section 62.027 - Notice Of Hearing
  (a) The commissioners court shall order the clerk to post a copy of the petition together with the order of the commissioners court in five...
• Texas Section 62.028 - Hearing On Petition
  (a) The commissioners court or the board has exclusive jurisdiction to hear and determine all contests and objections and other matters relating to creating a...
• Texas Section 62.029 - Findings
  (a) If the commissioners court or the board finds that the improvements would be feasible and practicable and would be a public benefit and utility...
• Texas Section 62.030 - Election Order
  (a) If the commissioners court or the board finds in favor of the petitioners for the creation of the district, the commissioners court of the...
• Texas Section 62.031 - Notice Of Election
  (a) The clerk of the commissioners court shall prepare notice of the election and shall post the notice for 30 days before the day set...
• Texas Section 62.032 - Ballot
  The ballot shall be printed to provide for voting for or against the proposition: "The creation of the navigation district and the issuance of bonds...
• Texas Section 62.033 - Conduct Of Election
  (a) The commissioners court shall issue an order creating and defining the voting precincts in the proposed district and shall name polling places within the...
• Texas Section 62.034 - Canvass Of Returns
  (a) Immediately after the election, the election officers shall make returns of the result and return the ballot boxes to the clerk of the commissioners...
• Texas Section 62.035 - Declaration Of Result
  If a majority of the votes favor creating the district, issuing bonds, and levying a tax, the commissioners court shall declare the result and enter...

SUBCHAPTER C ADMINISTRATIVE PROVISIONS

• Texas Section 62.036 - Expenses
  (a) If the result of the election favors the creation of the district, the clerk shall return the $500 deposit required by Section 62.024 of...
• Texas Section 62.061 - Navigation Board
  (a) The navigation board shall include the members of the commissioners court and the mayor and aldermen or commissioners of the included city or cities...
• Texas Section 62.062 - Appointment Of Initial Commissioners
  (a) After the creation of the district, the commissioners court or board shall appoint three navigation and canal commissioners who shall compose the navigation and...
• Texas Section 62.063 - Election Of Commissioners
  (a) Commissioners shall be elected on the second Saturday in July of each odd-numbered year at an election ordered by the commission. (b) The secretary...
• Texas Section 62.0631 - Appointment Of Commissioners
  (a) Instead of electing commissioners as provided in Section 62.063 of this code, the commissioners court or board may appoint three navigation and canal commissioners...
• Texas Section 62.064 - Qualifications Of Commissioners
  Each person who is appointed or elected commissioner shall be a resident of the proposed navigation district and shall be an elector of the county....
• Texas Section 62.065 - Term Of Office
  Commissioners shall hold office for staggered terms of six years and until their successors are elected and have qualified. Acts 1971, 62nd Leg., p. 110,...
• Texas Section 62.066 - Vacancies
  (a) A vacancy on the commission shall be filled by the remaining members of the commission. (b) If two or more vacancies on the commission...
• Texas Section 62.067 - Removal From Office
  (a) A commissioner may be removed from office for malfeasance or nonfeasance in office by unanimous vote of the commissioners court or the board after...
• Texas Section 62.068 - Oath Of Commissioners
  (a) Before each commissioner begins to perform his duties, he shall take and subscribe before the county judge of the county of jurisdiction an oath...
• Texas Section 62.069 - Bond Of Commissioners
  Before a commissioner begins to perform his duties, he shall execute a good and sufficient bond for $1,000, payable to the county judge of the...
• Texas Section 62.070 - Compensation Of Commissioners
  Each commissioner shall receive for his services the compensation determined by the commissioners court of the county of jurisdiction. Acts 1971, 62nd Leg., p. 110,...
• Texas Section 62.071 - Organization Of Commission
  (a) The commission shall organize by electing one of the members chairman and one secretary. (b) Two of the commissioners constitute a quorum. A concurrence...
• Texas Section 62.072 - Two-county Districts; Appointment Of Commission
  (a) In a district composed of land in two or more counties, the commissioners court of the county of jurisdiction by a majority vote shall...
• Texas Section 62.073 - 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 62.074 - Treasurer's Bond
  (a) The county treasurer shall execute a good and sufficient bond, payable to the commissioners, in an amount equal to twice the amount of funds...
• Texas Section 62.075 - Treasurer's Compensation
  The county treasurer shall be allowed as compensation for his services as treasurer of the district the amount determined by the commissioners. The compensation may...
• Texas Section 62.076 - District Engineer
  (a) The commission may employ a competent engineer who shall serve at the will of the commission. (b) The district engineer shall receive the compensation...
• Texas Section 62.077 - Assistant Engineers And Employees; Counsel; Salaries And Fees
  (a) The commission may employ assistant engineers and other employees which may be necessary. (b) The commission may employ counsel to represent the district in...

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 62.078 - Suits; Judicial Notice
  (a) A district established under this chapter may, by and through the commission, sue and be sued in all courts of this state in the...
• Texas Section 62.101 - Purposes Of District
  A district may be created under this chapter to provide, in or adjacent to its boundaries, for: (1) the improvement, preservation, and conservation of inland...
• Texas Section 62.102 - Districts As Governmental Agencies
  All districts created under this chapter shall be governmental agencies and bodies politic and corporate with the powers of government and with the authority to...
• Texas Section 62.103 - Duties Of County Officials
  The powers and duties conferred by this chapter on the county judge, members of the commissioners court, the mayor and aldermen or commissioners of cities,...
• Texas Section 62.104 - Duties Of District Engineer
  It shall be the duty of the district engineer: (1) to make all necessary surveys, examinations, investigations, maps, plans, and drawings with reference to proposed...
• Texas Section 62.105 - Right-of-way
  The commission may by gift, grant, purchase, or condemnation acquire the necessary right-of-way and property of any kind for all necessary improvements contemplated by this...
• Texas Section 62.106 - Condemnation Proceedings
  (a) The district may exercise the power of eminent domain to condemn and acquire the right-of-way over and through any and all public and private...
• Texas Section 62.107 - Acquisition Of Land
  (a) Any district created under this chapter may acquire by gift, purchase, or condemnation and may own land adjacent or accessible to the navigable water...
• Texas Section 62.1071 - Acquisition Of Land, Equipment, Or Improvements In Certain Counties
  (a) This section applies only to a district that has a county of jurisdiction with a population of more than 2.8 million. (b) A district...
• Texas Section 62.1072 - Additional Commissioners For Acquisitions From Certain Municipalities
  (a) A district that acquires land, equipment, or improvements under Section 62.1071 from a municipality with a population of more than 35,000 that operates navigation...
• Texas Section 62.108 - Entry On Property
  The commissioners and the engineers of a district together with all necessary teams, help, tools, and instruments may go on any land inside the district...
• Texas Section 62.109 - Bids
  (a) Any person, corporation, or firm which desires to bid on the construction of any work advertised under Section 62.110 of this code shall, on...
• Texas Section 62.110 - Notice Of Bids
  Notice that a contract is to be awarded shall be given by publishing notice once a week for two consecutive weeks in one or more...
• Texas Section 62.111 - Award Of Contract
  (a) All contracts for improvements, except those carried out and performed by the government of the United States, shall be awarded by the commission to...
• Texas Section 62.112 - Interest In Contracts
  No county judge or county commissioner of any county in a district, board member, or district engineer may be directly or indirectly interested for himself...
• Texas Section 62.113 - Form Of Contracts
  All contracts made by the commission shall be in writing and signed by the contractors and at least two of the commissioners, the executive director...
• Texas Section 62.114 - Bond Of Contractor
  (a) The party, firm, or corporation to whom a contract is awarded under Section 62.111 of this code shall execute a bond, payable to the...
• Texas Section 62.115 - Supervision Of Work; Report
  (a) Unless done under the supervision of the United States, all work contracted for by the commission shall be done under the supervision of the...
• Texas Section 62.116 - Inspection Of Work; Payment
  (a) The commission shall inspect the progress of work being done under a contract, and on completion of the contract, the commission shall draw a...
• Texas Section 62.117 - Annual Report
  (a) The commission shall make an annual report of its official acts and file it with the clerk of the commissioners court on or before...
• Texas Section 62.118 - Cooperation With United States
  (a) If a river, creek, stream, bay, canal, or waterway to be improved is navigable or the proposed improvement is of a nature which requires...
• Texas Section 62.119 - Preference Lien; Waiver; Enforcement
  (a) If a district leases, rents, furnishes, or supplies water to any person, association of persons, water improvement district, or corporation for the purpose of...
• Texas Section 62.120 - Contract For And Lease Of Water System
  (a) A district may enter into operating contracts and leases with cities and other governmental subdivisions for the operation of the portions of the district's...
• Texas Section 62.121 - Contracts And Obligations To Accomplish District Purposes And Exercise District Powers
  (a) A district may enter into a contract with any person, including a municipality or other political subdivision in a county adjacent to the district,...

SUBCHAPTER E GENERAL FISCAL PROVISIONS

• Texas Section 62.122 - Disposition Of Salvage Or Surplus Personal Property
  (a) Except as provided by Subsection (b), the commission may periodically dispose of surplus or salvage personal property in the same manner as the commissioners...
• Texas Section 62.151 - Construction And Maintenance Fund
  (a) The construction and maintenance fund shall include money received from the sale of bonds and all other sources except tax collections placed in the...
• Texas Section 62.152 - Warrants
  The commission may draw warrants: (1) to pay for legal services; (2) to pay the salary of the engineer, his assistant, and any other employees;...
• Texas Section 62.153 - Duties Of District Treasurer
  The district treasurer shall: (1) open an account for all funds received by him for the district and all district funds which he pays out;...
• Texas Section 62.154 - Applicability Of Sections 62
  Sec. 62.154. APPLICABILITY OF SECTIONS 62.155-62.159. Sections 62.155-62.159 of this code apply to all revenue, income, money, funds, or increments except revenue derived from taxation...
• Texas Section 62.155 - Deposit In Banking Corporation
  (a) Instead of depositing the revenue of the district in the manner provided by law for districts, the commission may deposit the revenue in a...
• Texas Section 62.156 - Selection Of Depository
  The commission shall select a depository as provided by Section 60.271. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971....
• Texas Section 62.159 - Conflicts With Prior Bonds Or Other Laws
  If Sections 62.154-62.158 of this code conflict with the provisions of any bonds issued by a district and secured in whole or in part by...

SUBCHAPTER F BOND PROVISIONS

• Texas Section 62.160 - Maintenance Tax
  The commissioners courts of the respective counties inside each district may levy and have assessed and collected for the maintenance, operation, and upkeep of the...
• Texas Section 62.191 - Issuance Of Navigation Bonds
  (a) After the commission determines the cost of proposed improvements, incidental expenses, and maintenance costs, it shall certify to the commissioners court of the county...
• Texas Section 62.192 - Issuance Of Additional Bonds
  (a) If the proceeds of bonds issued by a district are insufficient to complete the proposed improvement or construction, if the commissioners decide to begin...
• Texas Section 62.193 - Bond Election
  (a) If the authorized amount of bonds is exhausted, the commissioners court shall order an election on the issuance of additional bonds to be held...
• Texas Section 62.194 - Order For Bonds And Tax
  If on the canvass of the vote it is determined that a majority of the votes cast at the election were in favor of the...
• Texas Section 62.195 - Form Of Bonds
  (a) Bonds issued under the provisions of this chapter shall be issued in the name of the district, signed by the county judge of the...
• Texas Section 62.196 - Duties Of Attorney General
  (a) Before the bonds are offered for sale, the district shall send to the attorney general: (1) a copy of the bonds to be issued;...
• Texas Section 62.197 - Registration Of Bonds
  After the bonds have been examined by the attorney general and his certificate issued, they shall be registered by the comptroller in a book to...
• Texas Section 62.198 - Validity Of Bonds
  (a) After the bonds have been approved by the attorney general and registered by the comptroller, they shall be held in every action, suit, or...
• Texas Section 62.199 - Record Of Bonds
  (a) After bonds have been issued under the provisions of this chapter, the board shall procure and deliver to the treasurer of the county of...
• Texas Section 62.200 - Sale Of Bonds
  (a) After the bonds have been registered, the chairman of the commission shall offer the bonds for sale and shall sell the bonds on the...
• Texas Section 62.201 - Chairman's Bond
  Before the chairman of the commission may sell any bonds, he shall execute a good and sufficient bond, payable to the county judge or his...
• Texas Section 62.202 - Taxes; Sinking Fund Investment
  (a) After district bonds have been voted, the commissioners court shall levy and have assessed and collected on all property in the district taxes sufficient...
• Texas Section 62.203 - Issuance Of Refunding Bonds; Formalities
  (a) A district which has outstanding bonds may, by order of the commissioners court of the county of jurisdiction and without submitting the proposition to...
• Texas Section 62.204 - Refunding Bonds Sold At Par
  The refunding bonds shall be sold by the commission at not less than their par value, delivered to the holders of not less than a...
• Texas Section 62.205 - Approval Of Refunding Bonds By Attorney General
  The refunding bonds shall be submitted to the attorney general for approval and shall be registered by the comptroller in the same manner and with...
• Texas Section 62.206 - Tax Levy For Refunding Bonds
  (a) If a district issues refunding bonds, the district shall annually levy taxes on all taxable property in the district sufficient to pay interest on...
• Texas Section 62.207 - Authority Of Sections 62
  Sec. 62.207. AUTHORITY OF SECTIONS 62.203-62.206. Sections 62.203-62.206 of this code shall, without reference to other laws, constitute full authority for the issuance of refunding...
• Texas Section 62.208 - Revenue Bonds
  (a) A district may issue revenue bonds on the terms and under the provisions of Chapter 111, Acts of the 43rd Legislature, 1st Called Session,...

SUBCHAPTER G TAX PROVISIONS

• Texas Section 62.209 - Use Of Bond Proceeds For Certain Acquisitions Of Certain Districts
  A district to which Section 62.1071 applies may not spend for the acquisition of land, equipment, or improvements under that section the proceeds of bonds...

SUBCHAPTER H ANNEXATION

• Texas Section 62.251 - Assessment And Collection Of Taxes
  The assessor and collector of each county in which the district is located shall assess and collect the taxes levied by the district in the...
• Texas Section 62.291 - Annexation Authority
  A district created under this chapter or converted from a district created under Article III, Section 52, of the Texas Constitution, into a conservation and...
• Texas Section 62.292 - Petition
  Before territory is annexed to the district, a petition signed by 50 or a majority of the electors residing in the adjacent territory proposed to...
• Texas Section 62.293 - Scheduling Petition For Hearing; Notice
  (a) After a petition is presented under Section 62.292 of this code, the commission shall set the petition for a hearing to be held within...
• Texas Section 62.294 - Hearing
  The commission shall hold the hearing on the subject of annexation of adjacent territory by the district, and any person who has taxable property in...
• Texas Section 62.295 - Election Order
  If after the hearing the commission finds that inclusion of the territory proposed to be annexed would be a direct benefit to all the land...
• Texas Section 62.296 - Notice Of Election
  (a) The election shall be held not less than 20 nor more than 30 days from the day of the election order and after notice...
• Texas Section 62.297 - Ballots
  The ballots for the election shall be printed to allow for voting for or against: "Annexation to the navigation district."; and "Assumption of a pro...
• Texas Section 62.298 - Election Officials
  The commission shall appoint one judge and two clerks for each election box or place to hold the election. The judge and clerks shall be...
• Texas Section 62.299 - Canvass Of Vote; Entry Of Order
  (a) The election judges shall certify the election returns to the commission, and the commission shall canvass the returns. (b) If a majority of the...
• Texas Section 62.300 - Authority To Annex Other Districts
  Except as otherwise provided by this subchapter, a district created under Article XVI, Section 59, of the Texas Constitution may be annexed and become a...
• Texas Section 62.301 - Duties Of Commission Of Annexed District
  If a district proposes to annex an adjacent district, the commission of the district proposed to be annexed shall: (1) conduct the hearing; (2) order...
• Texas Section 62.302 - Certification Of Election Results
  If the election in a district proposed to be annexed results in a majority of the votes of the electors voting at the election favoring...
• Texas Section 62.303 - Hearing By Annexing District; Notice
  (a) When the election result is certified to the commission of the annexing district, the commission of the annexing district shall conduct a hearing to...
• Texas Section 62.304 - Assumption Of Bonded Debt
  (a) Unless a majority of the electors of each of the districts approves it, the annexing district and the district to be annexed may not...
• Texas Section 62.305 - Levy Of Taxes On Annexed District
  The commission of the annexing district shall annually levy and collect sufficient taxes in the district to be annexed to discharge all valid outstanding obligations...
• Texas Section 62.306 - Dissolution Of Annexed District
  From and after the entry of the order annexing the district, the annexed district shall be dissolved. All powers previously vested in the annexed district...
• Texas Section 62.307 - Annexation Of Whole Of Adjacent County
  If the territory included inside the boundaries of the annexing district consists of all of a single county and the territory to be annexed consists...
• Texas Section 62.308 - Hearing
  The commissioners court of the county to be annexed shall conduct the hearing at some place inside the county to be annexed. Acts 1971, 62nd...
• Texas Section 62.309 - Order Of Election; Ballots
  The commissioners court of the county to be annexed may order an election, as requested in the petition for hearing, on either or both propositions...
• Texas Section 62.310 - Certification Of Election Result
  If the proposition or propositions carries by a majority of the vote of the electors voting at the election, the commissioners court of the county...
• Texas Section 62.311 - Hearing By Annexing District
  After the certification of the election result, and after five days' notice in some newspaper published inside the annexing district, the annexing district shall conduct...
• Texas Section 62.312 - Order Of Annexation
  If at the hearing it appears that annexation of the adjacent county would be a benefit to the annexing district, the commission shall enter an...
• Texas Section 62.313 - Obligations Not Affected; Pro Rata Assumption
  (a) Except as provided in Subsection (b) of this section, annexation shall in no way affect the bonded debt or any other valid outstanding obligation...
• Texas Section 62.314 - Additional Commission Members
  (a) From and after the entry of the order of annexation, the commission shall be constituted as provided in this section. (b) The commissioners court...
• Texas Section 62.315 - Change Of Membership Of Navigation Board
  (a) After the annexation, the board shall be composed of the county judges and commissioners courts of the county of the annexing district and of...
• Texas Section 62.316 - Permanent Commission Organization Following Annexation
  (a) After the expiration and termination of the terms of commission members as provided for in Section 62.314 of this code, the commission shall be...
• Texas Section 62.317 - Provisions Governing Commission
  (a) Each commissioner appointed under Section 62.314 or 62.316 of this code shall be an elector of the district and shall serve his full term...
• Texas Section 62.318 - Law Governing District
  (a) The only changes made in the organization and operation of an annexing district which annexes an adjacent county are those contained in this subchapter....

Last modified: September 28, 2016