THE ATTORNEY GENERAL 

OF TEXAS 

Nay 22. 1987 

Honorable Lloyd Criss 

chairman 

Comictee on Labor and 

Employment Relations 

Texas Bouse of Representatives 

P. cl. Box 2910 

Austin, Texas 78769 

opinion No. .JH-706 

Re: Effect of chapter 56 of the 

Water Code with regard to the 

authority of the Galveston County 

Drainage District No. 2 

Dear Representative Criss: 

You ask whether chapter 56 of the Water Code controls the actions 

of the Galveston County Drainage District No. 2. That drainage 

district was created in 1910 under the Drainage Act of 1907, pursuant 

to article III, section 52. of the Texas Constitution. It is our 

opinion that the district is subject to the provisions of chapter 56. 

Article III, section 52. of the Texas Constiturion was amended in 

1904 to authorize the establishment of districts with limited taxing 

power for drainage and the prevention of flooding, among other things. 

Because of the restrictive limitation on the marimum amount of indebtedness allowed under article III, section 52. article XVI, section 

59, was added to the Texas Constitution in 1917 to authorize districts 

without the debt limitation. 

The Drainage Act of 1907 provided for the creation of.a drainage 

district pursuant to article III. section 52. Acts 1907, 30th Leg., 

ch. 40. at 78. The Drainage Act, as amended. prescribed the creation. 

organization, powers, and duties of a district created by authority of 

that act. Its provisions originally governed. and still govern, such 

a drainage district. The Drainage Act subsequently was codified as 

articles 8097-8193, in chapter 7, Title 128, Revised Statutes, 1925. 

and was recodified without substantive channe in 1971 as chaoter 56 of 

the Water Code. See Mobile Oil Corp. v.-Katagorda County Drainage 

District No. 3, 597.W.2d 910 (Tex. 1980) (interpretation and effect 

of chapter 56 to .district created prior to 1912 under Drainage Act): 

Hategorde County Drainage District-No. 1 v. Commissioners Co&t, 278 

S.W.2d 539 (Ted. Civ. App. - Galveston 1955, writ ref'd n.r.e.) 

(interpretation and effect of artic1e.s 8097 et seq., V.T.C.S., to 

districts created in 1907, 1911, and 1912 under Drainage Act); Hidalgo 

County Drainage District No. I v. Swearingen, 158 S.W. 211 (Tex. Civ. 

APP. - San Antonio 1913, no writ) (interpretation and effect of 

Drainage Act of 1907); Wharton County Drainage District No. 1 v. 

p. 3265 
Honorable Lloyd Criss - Page 2 (JM-706) 

Bigbee, 149 S.W. 381 (Tex. Civ. App. - Galveston 1912, writ ref'd) 

(interpretation and effect of Drainage Act of 1907); Parker v. Harris 

County Drainage District No. 2. 148 S.W. 351 (Tex. Civ. App. - 

Galveston 1912. writ ref'd) (interpretation and effect of Drainage Act 

of 1907). 

A district created under article III, section 52, and governed by 

chapter 56 of the Water Code may convert to a district authorized to 

operate under article XVI, section 59, in which case limitations 

imposed by article III. section 52 and chapter 56 on debts to be 

incurred and taxes to be levied are not applicable to the district. 

Water Code $56.032. 

You note that some statutory provisions which relate to drainage 

districts exist outside the Water Code and question the effect of 

those statutes on chapter 56 of the Water Code. A few stetutqry laws 

outside the Water Code relate generally co drainage districts as well 

as to other districts and govemental entities. For instance. such 

statutes provide exemption from appeal bond requirements in a civil 

case for certain named special districts, including drainage districts 

(section 6.003 of the Civil Practice aad Remedies Code), and authorize 

obligations of a municipality, district, or political subdivision, 

including a drainage district, to be made payable at the state 

treasurer's office (article 4393-1. section 3.022 of the Treasury Act; 

formerly article 4379b, V.T.C.S.). However, the great bulk of 

statutes relating to drainage districts that are not codified in the 

Water Code are special acts of the legislature that apply odly to 

designated draiuage districts. Such special acts are'not applicable 

to any district other than the drainage district named or described by 

the act. An example of such an act is chapter 467 enacted by the 

Fifty-sixth Legislature (article 8280-237. V.T.C.S.). which creates 

the Galveston County Drainage District No. 4 and provides its 

organization, powers, and duties. The provisions of chapter 467 of 

the Fifty-sixth Legislature apply only to the Galveston County 

Drainage District No. 4 and, hence, are not codified in the Water 

Code. See Acts 1959, 56th Leg., ch. 467, at 999. - 

You also ask whether the Galveston County Drainage District No. 2 

has authority to charge fees for reviewing plans for the construction 

of crossings over the district's ditches. A drainage district 

organized under and governed by chapter 56 is a subdivision of the 

state which is created for a special purpose and exercises only powers 

that are expressly granted or which are necessary and incident to the 

exercise of expressed powers. See Mobile Oil Corp. v. Matagorda 

County Drainage District No. 3, e (by annexing territory in gulf, 

drainage district acted beyond its limited powers); Attorney General 

Opinion O-1862 (1940) (drainage district lacks statutory authority to 

use district funds to maintain drainage ditches constructed by private 

owners). 

p. 3266 
Eonorable Lloyd Criss - Page 3 (JM-706) 

Subject to the constitutional limitations, chapter 56 expressly 

authorizes en annual lew of texes on district orooertv to PW bonded 

indebtedness and to coktruct and maintain distric; impkokments. 

Water Code 556.242. See also Matagorda County Drainage District v. 

Commissioners court, supra. Chapter 56 contains no provision 

authorizing a drainage district to charge fees for reviewing plans for 

crossings over its ditches. We con&de that a drainage district 

governed by chapter 56 which charged such a fee would exceed its 

limited powers. 

SUMMARY 

The provisions of chapter 56 of the Water 

Code apply to and govern the Galveston County 

Drainage District No. 2. Most statutes relating 

to drainage districts that are not codified in the 

Water Code are special acts of the legislature 

that apply only to drainage districts named or 

described by the acts. A dreinage district 

governed by chapter 56 is not authorized to charge 

a fee for reviewing plans for crossings over its 

ditches. 

~g;.7lJax 

Attorney General of Texas 

JACK HIGEJX%ER 

First Assistant Attorney General 

MARYKRLLER 

Executive Assistant Attorney General 

JDDGR ZOLLIE STRARLFX 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Nancy Sutton 

Assistant Attorney General 

p. 3267