Texas Water Code Title 4, Chapter 63 - Self-liquidating Navigation Districts

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B CREATION OF DISTRICT; CONVERSION OF DISTRICT

• Texas Section 63.001 - Definitions
  As used in this chapter: (1) "District" means a self-liquidating navigation district. (2) "Board" means the navigation board. (3) "Commission" means the board of navigation...
• Texas Section 63.021 - Self-liquidating Districts
  (a) All navigation districts organized under the provisions of Article XVI, Section 59, of the Texas Constitution, and the provisions of Chapter 62 of this...
• Texas Section 63.022 - Creation
  A district of the character provided in Section 63.021 of this code may be created as provided in this chapter to operate under the provisions...
• Texas Section 63.023 - Area Included In District
  A district may include all or part of a village, town, city, road district, drainage district, irrigation district, levee district, other improvement district, conservation and...
• Texas Section 63.024 - Petition To Create Single-county District
  (a) To create a district located wholly in one county, a petition signed by 25 of the electors, or if there are fewer than 75...
• Texas Section 63.025 - Petition To Create District In Two Counties
  (a) If the proposed district is located in two counties, a petition of the nature provided in Section 63.024 shall be presented to the commissioners...
• Texas Section 63.026 - Navigation Board
  (a) The navigation board shall include the county judge and the members of the commissioners court and the mayor and the aldermen or commissioners of...
• Texas Section 63.027 - Hearing
  At the same session the petition is presented, the commissioners court shall order a hearing to be held at a regular or special session of...
• Texas Section 63.028 - 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 63.029 - Hearing By Navigation 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 63.030 - 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 63.031 - 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 63.032 - 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 63.033 - Election Order
  (a) If the commissioners court or the board finds in favor of the creation of the district, the commissioners court of the county of jurisdiction...
• Texas Section 63.034 - Notice Of Election
  (a) The clerk of the court of jurisdiction shall give notice of the election by posting notices at the courthouse door of the county in...
• Texas Section 63.035 - Ballots
  The ballots for the election shall be printed to provide for voting for or against: "The navigation district and the issuance of bonds and the...
• Texas Section 63.036 - Conduct Of Election
  The commissioners court shall create and define, by order, the voting precincts in the district and shall name convenient polling places in the precincts. It...
• Texas Section 63.037 - Returns Of Election
  (a) Immediately after the election, the officers holding the election shall make returns of the result to the commissioners court of jurisdiction and return the...
• Texas Section 63.038 - Declaration Of Result
  The court shall canvass the vote and return at the session when it receives the ballot boxes and returns of the election. If it finds...
• Texas Section 63.039 - Conversion Of District
  Any navigation district organized under the provisions of Article XVI, Section 59, of the Texas Constitution, or Article III, Section 52, of the Texas Constitution,...
• Texas Section 63.040 - Resolution To Convert
  (a) The commission, by resolution entered in the minutes, shall declare that in its judgment it is for the best interest of the district and...
• Texas Section 63.041 - Notice
  (a) Notice of the adoption of a resolution under Section 63.040 of this code shall be given by publishing the resolution in a newspaper with...
• Texas Section 63.042 - Hearing
  The hearing may be adjourned from day to day until all interested persons have had an opportunity to appear and present testimony. Acts 1971, 62nd...
• Texas Section 63.043 - Findings
  (a) If at the hearing the commission finds that conversion of the district into a district operating under this chapter would serve the best interest...

SUBCHAPTER C ADMINISTRATIVE PROVISIONS

• Texas Section 63.044 - Effect Of Conversion
  If the finding of the commission is favorable to the resolution, the commission shall have the same right, power, and authority to act under the...
• Texas Section 63.081 - Appointment Of Commissioners
  After a district is created, the commissioners court shall appoint three navigation and canal commissioners, whose duties are provided in this chapter. Acts 1971, 62nd...
• Texas Section 63.082 - 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 63.083 - Vacancies
  All vacancies in the office of appointed commissioner occurring through death, resignation, or otherwise shall be filled by the remaining commissioners or, if only one...
• Texas Section 63.084 - Oath
  In addition to the constitutional oath provided for county commissioners, before beginning to perform his duties each appointed commissioner shall take and subscribe before the...
• Texas Section 63.085 - Bond
  Before beginning to perform his duties, each appointed commissioner shall execute a good and sufficient bond for $1,000, payable to the county judge of the...
• Texas Section 63.086 - Term Of Office
  Each commissioner shall hold office for four years and until his successor has qualified after appointment or election. Acts 1971, 62nd Leg., p. 110, ch....
• Texas Section 63.087 - Optional Term Of Office
  (a) The commission may provide by resolution for six-year staggered terms of office for commissioners with the term of one commissioner expiring every two years....
• Texas Section 63.088 - Commission Organization And Quorum
  The commission shall organize by electing one of their members chairman and one secretary. Two of the commissioners shall constitute a quorum and a concurrence...
• Texas Section 63.089 - Election Of Commissioners
  (a) An election shall be held in the district on the first Tuesday after the first Monday in November of each even numbered year to...
• Texas Section 63.0895 - Joint Election With County
  (a) The commission of a district that is situated wholly in one county and that holds its commissioners' election on the first Tuesday after the...
• Texas Section 63.090 - Placing Names Of Candidates On Ballot
  A candidate for commissioner must file an application with the secretary not later than 5 p.m. of the 45th day before the date of the...
• Texas Section 63.091 - Polling Place
  The commission shall designate the polling place or places in the election order. If more than one polling place is required, the board shall divide...
• Texas Section 63.092 - Election Officers
  The commission shall appoint the election officers, consisting of one presiding judge, an assistant judge, and two clerks, when the election is ordered. Additional clerks...
• Texas Section 63.093 - Notice Of Election
  (a) The notice of the election shall be signed by the president and secretary of the commission and shall contain a copy of the election...
• Texas Section 63.094 - Conduct Of Election
  (a) The election officers shall make and deliver the returns in triplicate. One copy shall be retained by the presiding judge, one shall be delivered...
• Texas Section 63.0945 - Write-in Candidates
  (a) In an election to elect a commissioner, a write-in vote may not be counted unless the name written in appears on the list of...
• Texas Section 63.095 - Vacancies On Commission
  (a) A vacancy in the office of elected commissioner shall be filled by appointment by the commission itself for the unexpired term. (b) If two...
• Texas Section 63.096 - Commissioner's Oath
  Each commissioner shall subscribe an oath of office containing the applicable conditions provided by law for members of the commissioners court. Acts 1971, 62nd Leg.,...
• Texas Section 63.097 - Commissioner's Bond
  (a) Each commissioner shall execute a good and sufficient bond for $1,000, payable to the district, conditioned on the faithful performance of his duties. (b)...
• Texas Section 63.098 - Commissioner's Compensation
  (a) Each commissioner shall receive a fee of not more than $50 a day for each day of service necessary to the discharge of his...
• Texas Section 63.099 - District Manager
  (a) The commission may employ a general manager and give him full authority in the management and operation of the affairs of the district, subject...
• Texas Section 63.100 - District Assessor And Collector
  The commission shall appoint one person to the office of assessor and collector for the district. The assessor and collector shall be a qualified elector...
• Texas Section 63.101 - Deputy Assessor And Collector
  The commission may appoint one or more deputies to assist the assessor and collector for a period of not more than one year. Acts 1971,...
• Texas Section 63.103 - Deputy's Bond
  The assistant or assistants to the assessor and collector appointed by the commission may or may not be required to furnish bond with conditions similar...
• Texas Section 63.104 - Compensation Of Assessor And Collector And Deputy
  The commission shall fix the compensation to be paid to the tax assessor and collector or any deputy. Acts 1971, 62nd Leg., p. 110, ch....
• Texas Section 63.105 - Engineer
  The commission may employ a competent engineer whose term of office and compensation shall be determined by the commission. Acts 1971, 62nd Leg., p. 110,...
• Texas Section 63.106 - Legal Counsel
  The commission may employ an attorney to represent the district in preparation of any contract, to conduct any proceeding in or out of court, to...
• Texas Section 63.107 - District Employees
  (a) The commission may employ assistant engineers and other persons as it considers necessary for the construction, maintenance, operation, and development of the district, its...
• Texas Section 63.108 - Bonds Of Officers And Employees
  (a) Each officer and employee charged with the handling of funds or property of the district shall furnish a good and sufficient bond for a...
• Texas Section 63.109 - Payment Of Compensation And Expenses
  The commission may draw warrants to pay for legal services, for the salaries of the engineer, his assistant, or any other employees, and for all...
• Texas Section 63.110 - District Office
  A regular office shall be maintained for the conduct of the business of the district at a place in the district designated by the commission....

SUBCHAPTER D POWERS AND DUTIES

• Texas Section 63.112 - Court Actions
  (a) A district established under this chapter may sue and be sued, by and through its commission, in any court in this state in the...
• Texas Section 63.151 - Authority Of District
  All districts created under this chapter are essential to the accomplishment of the provisions of Article XVI, Section 59, of the Texas Constitution, and are...
• Texas Section 63.152 - Purposes Of District
  The district may make improvements for: (1) the navigation of inland and coastal water; (2) the preservation and conservation of inland and coastal water for...
• Texas Section 63.153 - General Authority Of District
  A district may: (1) exercise all the rights, powers, and authority granted by this chapter and by the general and special laws relating to navigation...
• Texas Section 63.154 - Authority To Go On Land
  The commission and the district engineer, together with all necessary teams, help, tools, instruments, implements, and machinery, may go on any land inside the district...
• Texas Section 63.155 - Acquisition Of Property And Right-of-way
  The commission may acquire by gift, purchase, or condemnation proceedings the necessary right-of-way and property of any kind necessary for improvements contemplated by this chapter....
• Texas Section 63.156 - Eminent Domain
  (a) The district may exercise the power of eminent domain to condemn and acquire the right-of-way over and through any public or private land necessary...
• Texas Section 63.157 - Authority Over Improvements
  A district may acquire, purchase, take over, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants, literage,...
• Texas Section 63.158 - Obtaining Consent Of United States
  If a river, creek, bay, stream, canal, or waterway which is to be improved is navigable or if the improvements are of a type which...
• Texas Section 63.159 - Cooperation With The United States
  (a) The commission may cooperate and act with the United States in surveys, work, and expenditure of money in any matters relating to construction and...
• Texas Section 63.160 - Duties Of Engineer
  The engineer shall: (1) make necessary surveys, examinations, investigations, maps, plans, and drawings relating to proposed improvements; (2) estimate the cost of improvements; (3) supervise...
• Texas Section 63.161 - United States Performing Duties Of Engineer
  Instead of or in addition to employing an engineer, the commission may adopt any survey of a river, creek, canal, stream, bay, or waterway previously...
• Texas Section 63.162 - District Order For Improvements
  If the commission considers it in the best interest for the district to exercise the powers granted by Section 63.153 of this code or if...
• Texas Section 63.163 - Notice Of Hearing
  (a) After the commission's order is entered in the minutes, the commission shall publish notice once a week for three consecutive weeks in a newspaper...
• Texas Section 63.164 - Hearing On Improvements
  (a) The commission shall hear evidence at the hearing, and any district taxpayer or interested person may present evidence. (b) The commission may adjourn the...
• Texas Section 63.165 - Findings
  (a) After the hearing is completed, the commission shall enter its order making findings as to whether or not the improvements and construction of the...
• Texas Section 63.166 - Bond Election
  (a) An election shall be held to approve the issuance of the bonds. (b) The ballots shall be printed to provide for voting for or...
• Texas Section 63.167 - Form Of Bonds
  (a) The bonds shall be issued in the manner that other bonds are issued under this chapter, and the amount of the bonds may not...
• Texas Section 63.168 - Bids For Contract
  (a) Before the commission enters into a contract requiring the expenditure of more than $15,000, it shall submit the proposed contract for competitive bids. (b)...
• Texas Section 63.169 - Notice Of Bids
  (a) Notice of the time and place the contract will be awarded shall be published in one or more newspapers with general circulation in the...
• Texas Section 63.170 - Application Of Certain Sections
  The provisions of Sections 63.168-63.169 of this code do not apply to: (1) improvements carried out and performed by the United States; (2) calamities or...
• Texas Section 63.171 - Procedure For Bids
  (a) Any person desiring to bid on the construction of any work advertised shall, on application to the commission, be furnished at actual cost the...
• Texas Section 63.172 - Formal Requirements Of Contract
  A contract entered into by the district shall be in writing and signed by the contractors and the commissioners, any two of the commissioners, the...
• Texas Section 63.173 - Contractor's Bond
  The contractor shall execute an adequate bond payable to the commission in the amount of the contract price, conditioned that he will faithfully perform the...
• Texas Section 63.174 - Interest In Contract
  The members of the board and the engineer may not be directly or indirectly interested for themselves or as agents in a contract for the...
• Texas Section 63.175 - Supervision By Engineer
  (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 63.176 - Payment For Work
  (a) The commission shall inspect the work being done during its progress, and on completion of the contract, the commission shall draw a warrant on...
• Texas Section 63.177 - Commission Report
  (a) The commission shall make an annual report of its activities and file it with the county clerk on or before January 1 of each...
• Texas Section 63.178 - Franchises
  (a) A district may grant franchises on property owned or controlled by the district to any person for purposes consistent with this chapter and may...
• Texas Section 63.179 - Adjacent Land
  (a) The district may own land adjacent or accessible to the navigable water developed by the district and may lease the land to any person...
• Texas Section 63.180 - Issuance Of Writs
  A writ of mandamus shall issue from a court of competent jurisdiction to compel the commission to apply revenue in accordance with the terms of...
• Texas Section 63.181 - Peace Officers
  The district may appoint peace officers to protect life and property in the district and the property of the district. The officers shall have the...
• Texas Section 63.182 - Effect On Police Powers
  The provisions of this chapter shall not affect or repeal the police powers of any municipality inside the district or any law, ordinance, or regulation...

SUBCHAPTER E GENERAL FISCAL PROVISIONS

• Texas Section 63.183 - Other Laws Governing District
  The commission has the same rights, powers, and duties provided for commissioners in Chapter 62, Transportation Code. Acts 1971, 62nd Leg., p. 110, ch. 58,...
• Texas Section 63.221 - Construction And Maintenance Fund
  (a) The construction and maintenance fund shall include money received from the sale of bonds and other sources except the tax and other collections deposited...
• Texas Section 63.222 - District Depository
  The district depository shall be designated as provided by Section 60.271, and the district's funds shall be deposited in the depository. Acts 1971, 62nd Leg.,...
• Texas Section 63.224 - Accounts And Records; Audit
  (a) A complete book of all accounts and records shall be kept by the district. (b) In January of each year or as soon after...
• Texas Section 63.225 - Deposit
  (a) When the petition to create the district is filed, it shall be accompanied by a $500 deposit, which shall be held by the county...
• Texas Section 63.226 - Debt
  (a) The district may retire the original cost of construction of its improvements or pay for the cost of construction by borrowing money and pledging...
• Texas Section 63.227 - Retiring Debt
  Debentures, notes, or other evidences of debt may be retired by rents, tolls, fees, or charges other than taxes. The debt also may be retired...

SUBCHAPTER F BOND PROVISIONS

• Texas Section 63.228 - Borrowing Money
  (a) A district may borrow for any legal purpose from the United States or from any banking institution or other source not more than $250,000...
• Texas Section 63.251 - Levy Of Tax
  After bonds have been voted, the commission shall levy a tax on all taxable property in the district sufficient to pay principal of and interest...
• Texas Section 63.252 - Form Of Bonds
  (a) Bonds issued under the provisions of this chapter shall be issued in the name of the district and shall be signed by the chairman...
• Texas Section 63.253 - Approval Of Bonds By Attorney General
  (a) Before bonds are offered for sale, the district shall present to the attorney general a certified copy of all the minutes of commission proceedings...
• Texas Section 63.254 - Registration Of Bonds
  After the bonds are examined and certified by the attorney general, they shall be registered by the comptroller in a book kept for that purpose,...
• Texas Section 63.255 - Validity Of Bonds
  (a) After the bonds are certified by the attorney general and registered by the comptroller, they shall be held prima facie valid and binding obligations...
• Texas Section 63.256 - Sale Of Bonds
  (a) After the bonds are registered, the chairman of the commission shall offer them for sale and shall sell the bonds on the best terms...

SUBCHAPTER G TAX PROVISIONS

• Texas Section 63.257 - Bond Record
  (a) After bonds are issued, the board shall procure and deliver to the secretary of the district a well-bound book for recording the bonds. (b)...
• Texas Section 63.281 - Bond Tax
  (a) After bonds have been voted, the commission shall levy and have assessed and collected improvement taxes on all taxable property inside the district. (b)...
• Texas Section 63.282 - Maintenance And Operation Tax
  (a) With the approval of the electors of the district, the commission may levy and have assessed and collected for the maintenance, operation, and upkeep...
• Texas Section 63.283 - Funds From Sources Other Than Taxes
  The district may pay interest on and principal of the bonds and pay the costs of maintenance, operation, and upkeep with revenue from tolls, rents,...

SUBCHAPTER H ASSESSMENTS

• Texas Section 63.285 - Duty Of Assessor And Collector
  The assessor and collector shall assess and collect taxes for the district. Acts 1971, 62nd Leg., ch. 58, Sec. 1, eff. Aug. 30, 1971. Amended...
• Texas Section 63.321 - Assessments To Retire Debt
  Assessments which are equitably distributed against property in the district may be used to pay the cost of making improvements and to pay principal of...
• Texas Section 63.322 - Order To Retire Debt By Assessments
  If the commission decides to retire bonds and other evidences of debt by equitably distributed assessments against the property in the district, it shall enter...
• Texas Section 63.323 - Notice Of The Order And Hearing
  (a) The commission shall publish notice once a week for three consecutive weeks in a newspaper in the district or, if no newspaper is published...
• Texas Section 63.324 - Hearing Procedure
  (a) All protests, contests, and objections at the hearing shall be presented in writing. (b) The commission shall summon witnesses when requested to do so...
• Texas Section 63.325 - Findings
  The commission shall enter its findings after the hearing, and if it finds against the proposition of assessments, no further action shall be taken in...
• Texas Section 63.326 - Tax Roll
  (a) If the commission finds in favor of levying assessments, it shall direct the assessor and collector of the district to prepare a roll of...
• Texas Section 63.327 - Board Of Equalization
  (a) If the commission finds in favor of levying assessments, it shall appoint three persons who are electors of the district to be commissioners on...
• Texas Section 63.328 - Notice Of Hearing By Board Of Equalization
  Notice of the hearing by the board of equalization shall be published once a week for three consecutive weeks in a newspaper published in the...
• Texas Section 63.329 - Hearing By Board Of Equalization
  The owners of property shall have an opportunity to present evidence in hearings before the board of equalization. All interested persons shall have an opportunity...
• Texas Section 63.330 - Findings Of Board Of Equalization
  After all hearings are completed, the board of equalization shall report its findings to the commission for acceptance or disapproval. Acts 1971, 62nd Leg., p....
• Texas Section 63.331 - Disapproval Of Findings
  If the commission refuses to approve the tax rolls, it shall hold hearings on all items not approved in the manner provided for the board...
• Texas Section 63.332 - Effect Of Approval Of Findings
  The approval of the findings of the board of equalization and the tax rolls as finally fixed shall be conclusive except in cases of fraud...
• Texas Section 63.333 - Personal Obligation; Lien
  An assessment is a personal obligation of the property owner against whom the assessment is made, and the district has a lien against the assessed...
• Texas Section 63.334 - Assessment Fund
  (a) The assessments shall be paid to the assessor and collector and shall be kept by him in a separate fund known as the "Assessment...
• Texas Section 63.335 - Errors In Assessments
  (a) An error, mistake, or formality in the assessment or in any step or proceeding prerequisite to the assessment shall not invalidate the assessment, but...
• Texas Section 63.336 - Reassessment
  (a) If, in the opinion of the commission, an error, mistake, or invalidity exists in any proceeding with reference to the improvements or assessments, it...
• Texas Section 63.337 - Suit To Set Aside Or Correct Assessment
  (a) A property owner with an assessment or reassessment against him or his property may bring suit within 20 days after the assessment or reassessment...
• Texas Section 63.338 - Delinquent Assessments
  (a) Not later than August 1 of each year, the assessor and collector shall prepare a delinquent roll showing all delinquencies in the payment of...
• Texas Section 63.339 - Suit For Collection
  (a) After the delinquent roll has been posted in the district office for 20 days, the attorney for the district may file suit for collection...
• Texas Section 63.340 - Sale Of Property To Satisfy Judgment
  The district may purchase any property at a sale to satisfy a judgment in favor of the district on a delinquent assessment or reassessment, if...

SUBCHAPTER I ANNEXATION

• Texas Section 63.341 - Rules And Regulations
  The commission may adopt any necessary rules, regulations, and orders, which are not inconsistent with the provisions of this chapter, for the purpose of carrying...
• Texas Section 63.371 - 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 63.372 - 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 63.373 - Scheduling Petition For Hearing; Notice
  (a) After a petition is presented under Section 63.372 of this code, the commission shall set the petition for a hearing to be held within...
• Texas Section 63.374 - 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 63.375 - 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 63.376 - 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 63.377 - 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 63.378 - 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 63.379 - 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...

Last modified: September 28, 2016