reglab/housing_qa huggingface dataset:
TX Water Code § 49.233 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.233. Electric Generation, Transmission, and Distribution for Certain Districts

Sec. 49.233.  ELECTRIC GENERATION, TRANSMISSION, AND DISTRIBUTION FOR CERTAIN DISTRICTS.  (a)  A district that owns or operates raw water pipelines that convey surface water, groundwater, or both surface water and groundwater, through more than 10 counties for municipal and industrial purposes may:(1)  develop, generate, transmit, or distribute water power and electric energy inside the district's boundaries for its own use;(2)  purchase electric energy from any available source for use at a facility the district owns, operates, and maintains inside the district's boundaries;(3)  enter into an agreement to acquire, install, construct, finance, operate, make an addition to, own, or operate an electric energy generating, transmission, or distribution facility jointly with another person;  or(4)  sell or otherwise dispose of any of the district's interest in a jointly owned facility described by Subdivision (3).(b)  A district governed by this section:(1)  is subject to the transmission line certification provisions of Chapter 37, Utilities Code;(2)  may not generate electricity by means of hydroelectric generation.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 58, eff. Jan. 1, 2002.|
TX Water Code § 49.234 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.234. Prohibition of Certain Private On-Site Facilities

Sec. 49.234.  PROHIBITION OF CERTAIN PRIVATE ON-SITE FACILITIES.  (a)  A district or water supply corporation that operates a wastewater collection system to serve land within its boundaries by rule may prohibit the installation of private on-site wastewater holding or treatment facilities on land within the district that is not served by the district's or corporation's wastewater collection system.  A district or corporation that has not received funding under Subchapter K, Chapter 17, may not require a property owner who has installed an on-site wastewater holding or treatment facility before the adoption of the rule to connect to the district's or corporation's wastewater collection system.(b)  A district or water supply corporation that prohibits an installation described by Subsection (a) shall agree to pay the owner of a particular tract the costs of connecting the tract to the district's or corporation's wastewater collection system if the distance along a public right-of-way or utility easement from the nearest point of the district's or corporation's wastewater collection system to the boundary line of the tract requiring wastewater collection services is 300 feet or more, subject to commission rules regarding reimbursement of those costs.|Added by Acts 2001, 77th Leg., ch. 1423, Sec. 15, eff. June 17, 2001.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 17, eff. June 18, 2003.|
TX Water Code § 49.235 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.235. District Act or Proceeding Presumed Valid

Sec. 49.235.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.  (a)  A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance with all applicable statutes and rules if:(1)  the third anniversary of the effective date of the act or proceeding has expired;  and(2)  a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary.(b)  This section does not apply to:(1)  an act or proceeding that was void at the time it occurred;(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred;(3)  a rule that, at the time it was passed, was preempted by a statute of this state or the United States, including Section 1.06 or 109.57, Alcoholic Beverage Code;  or(4)  a matter that on the effective date of this section:(A)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court;  or(B)  has been held invalid by a final judgment of a court.|Added by Acts 2001, 77th Leg., ch. 389, Sec. 2, eff. May 28, 2001.  Renumbered from Water Code Sec. 49.234 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(148), eff. Sept. 1, 2003.|
TX Water Code § 49.23601 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.23601. Automatic Election to Approve Tax Rate for Low Tax Rate Districts

Sec. 49.23601.  AUTOMATIC ELECTION TO APPROVE TAX RATE FOR LOW TAX RATE DISTRICTS.  (a)  In this section, "voter-approval tax rate" means the rate equal to the sum of the following tax rates for the district:(1)  the current year's debt service tax rate;(2)  the current year's contract tax rate; and(3)  the operation and maintenance tax rate that would impose 1.08 times the amount of the operation and maintenance tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older.(b)  This section applies only to a district the board of which has adopted an operation and maintenance tax rate for the current tax year that is 2.5 cents or less per $100 of taxable value.(c)  If the board of a district adopts a combined debt service, contract, and operation and maintenance tax rate that would impose more than 1.08 times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, an election must be held in accordance with the procedures provided by Sections 26.07(c)-(g), Tax Code, to determine whether to approve the adopted tax rate.  If the adopted tax rate is not approved at the election, the district's tax rate is the voter-approval tax rate.|Added by Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 89, eff. January 1, 2020.|
TX Water Code § 49.23603 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.23603. Petition Election to Reduce Tax Rate for Certain Districts

Sec. 49.23603.  PETITION ELECTION TO REDUCE TAX RATE FOR CERTAIN DISTRICTS.  (a)  In this section, "voter-approval tax rate" means the rate equal to the sum of the following tax rates for the district:(1)  the current year's debt service tax rate;(2)  the current year's contract tax rate; and(3)  the operation and maintenance tax rate that would impose 1.08 times the amount of the operation and maintenance tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older.(b)  This section applies only to a district that is not described by Section 49.23601 or 49.23602.(c)  If the board of a district adopts a combined debt service, contract, and operation and maintenance tax rate that would impose more than 1.08 times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, the qualified voters of the district by petition may require that an election be held to determine whether to reduce the tax rate adopted for the current year to the voter-approval tax rate in accordance with the procedures provided by Sections 26.075 and 26.081, Tax Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 89, eff. January 1, 2020.|
TX Water Code § 49.237 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.237. District Consent Requirement

Sec. 49.237.  DISTRICT CONSENT REQUIREMENT.  (a)  This section applies only to a district that:(1)  provides potable water or sewer service;(2)  contracts for or employs peace officers;(3)  maintains a fire department;(4)  has within its boundaries:(A)  a private airport with a runway exceeding 5,900 feet in length; and(B)  a hotel; and(5)  is located in two counties.(b)  The area within a district described by Subsection (a) may not be included without the consent of the district in the boundaries of a municipality that provides law enforcement or fire protection services.|Added by Acts 2005, 79th Leg., Ch. 1356 (S.B. 1498), Sec. 1, eff. June 18, 2005.|
TX Water Code § 49.238 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.238. Irrigation Systems

Sec. 49.238.  IRRIGATION SYSTEMS.  (a)  A district may adopt and enforce rules that require an installer of an irrigation system:(1)  to hold a license issued under Section 1903.251, Occupations Code; and(2)  to obtain a permit before installing a system within the boundaries of the district.(b)  If a district adopts rules under Subsection (a), the rules shall include minimum standards and specifications for designing, installing, and operating irrigation systems in accordance with Section 1903.053, Occupations Code, and any rules adopted by the Texas Commission on Environmental Quality under that section.(c)  A district may employ or contract with a licensed plumbing inspector, a licensed irrigation inspector, the district's operator, or another governmental entity to enforce the rules.(d)  A district may charge an installer of an irrigation system a fee for obtaining or renewing a permit under Subsection (a)(2).  The district shall set the fee in an amount sufficient to enable the district to recover the cost of administering this section.(e)  This section does not apply to:(1)  an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or(2)  an irrigation system:(A)  used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or(B)  connected to a groundwater well used by the property owner for domestic use.|Added by Acts 2007, 80th Leg., R.S., Ch. 874 (H.B. 1656), Sec. 2, eff. June 15, 2007.|
TX Water Code § 49.239 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter H. Powers and Duties|Section 49.239. Cooperative Flood Control

Sec. 49.239.  COOPERATIVE FLOOD CONTROL.  A district, including a river authority, may participate in cooperative flood control planning for the purpose of obtaining financial assistance as an eligible political subdivision for a flood control project under Subchapter I, Chapter 15.|Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 2.02, eff. January 1, 2020.|
TX Water Code § 49.271 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.271. Contracts for Construction Work

Sec. 49.271.  CONTRACTS FOR CONSTRUCTION WORK.  (a)  Any contract made by the board for construction work shall conform to the provisions of this chapter.(b)  The contract shall contain, incorporate by reference, or have attached to it the specifications, plans, and details for work included in the contract.  All work shall be done in accordance with these plans and specifications and any authorized change orders under the supervision of the board or its designee.(c)  The district may adopt minimum criteria for the qualifications of bidders on its construction contracts and for sureties issuing payment and performance bonds.  For construction contracts over $50,000, the district shall require a person who bids to submit a certified or cashier's check on a responsible bank in the state equal to at least two percent of the total amount of the bid, or a bid bond of at least two percent of the total amount of the bid issued by a surety legally authorized to do business in this state, as a good faith deposit to ensure execution of the contract.  Notwithstanding any criteria adopted under this subsection, for a contract for more than $250,000, the district must accept a bid bond in the amount required by the district as a bid deposit if the bid bond meets the other requirements of this subsection.  If the successful bidder fails or refuses to enter into a proper contract with the district, or fails or refuses to furnish the payment and performance bonds required by law, the bidder forfeits the deposit.  The payment, performance, and bid bonding requirements of this subsection do not apply to a contract for the purchase of equipment, materials, or machinery not otherwise incorporated into a construction project.(d)  The district may also require attendance by a principal of each prospective bidder at mandatory pre-bid conferences and may make any reasonable additional requirements regarding the taking of bids the district may deem appropriate in order to obtain competitive bids from responsible contractors and to minimize contract disputes.(e)  A district contract for construction work may include economic incentives for early completion of the work or economic disincentives for late completion of the work.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 16, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 19, eff. June 18, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 33 (S.B. 657), Sec. 1, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 452 (H.B. 576), Sec. 1, eff. June 16, 2007.Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.006, eff. September 1, 2009.|
TX Water Code § 49.272 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.272. Reports Furnished to Prospective Bidders

Sec. 49.272.  REPORTS FURNISHED TO PROSPECTIVE BIDDERS.  The board shall furnish to any person who desires to bid on construction work, and who makes a request in writing, a copy of the engineer's report or plans and specifications showing the details of the work to be done.  The board may charge for each copy of the engineer's report or plans and specifications an amount sufficient to cover the cost of making the copy.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.2731 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.2731. Procedures for Electronic Bids

Sec. 49.2731.  PROCEDURES FOR ELECTRONIC BIDS.  (a)  A district may receive bids under Section 49.273 through electronic transmission if the board of the district adopts rules to ensure the identification, security, and confidentiality of electronic bids and to ensure that the electronic bids remain effectively unopened until the proper time.(b)  Notwithstanding any other provision of this chapter, an electronic bid or proposal is required to be sealed.  A provision of this chapter that applies to a sealed bid applies to a bid received through electronic transmission in accordance with the rules adopted under Subsection (a).|Added by Acts 2013, 83rd Leg., R.S., Ch. 694 (H.B. 2704), Sec. 2, eff. June 14, 2013.|
TX Water Code § 49.274 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.274. Emergency Approval of District Projects

Sec. 49.274.  EMERGENCY APPROVAL OF DISTRICT PROJECTS.  If a district experiences an emergency condition that may create a serious health hazard or unreasonable economic loss to the district that requires immediate corrective action, the district may negotiate limited duration contracts to make the necessary repairs.  The district shall submit to the executive director details describing the specific serious health hazard or unreasonable economic loss as soon as practicable following the issuance of the contracts.  Whenever possible, the district should obtain prior approval of the executive director before authorizing the contract, but failure to obtain prior approval shall not void the contract.  This section does not apply to special water authorities.|added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.275 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.275. Contractor's Bond

Sec. 49.275.  CONTRACTOR'S BOND.  Any person, firm, partnership, or corporation to whom a contract is let must give good and sufficient performance and payment bonds in accordance with Chapter 2253, Government Code, and any minimum criteria for sureties issuing such bonds adopted by a district in accordance with Section 49.271.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.276 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.276. Payment for Construction Work

Sec. 49.276.  PAYMENT FOR CONSTRUCTION WORK.  (a)  The district shall pay the contract price of construction contracts only as provided in this section.(b)  The district will make progress payments under construction contracts monthly as the work proceeds, or at more frequent intervals as determined by the board or its designee, on estimates approved by the board or its designee.(c)  If requested by the district or district engineer, the contractor shall furnish a breakdown of the total contract price showing the amount included for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments.  In the preparation of estimates, the district engineer may authorize material delivered on the site and preparatory work done to be considered if the consideration is specifically authorized by the contract and if the contractor furnishes satisfactory evidence that he has acquired title to the material and that it will be utilized on the work covered by the contract.(d)  In making progress payments, 10 percent of the estimated amount shall be retained until final completion and acceptance of the contract work.  However, if the board at any time after 50 percent of the work has been completed finds that satisfactory progress is being made, it may authorize any of the remaining progress payments to be made in full.  Also, if the work is substantially complete, the board, if it finds the amount retained to be in excess of the amount adequate for the protection of the district, at its discretion may release to the contractor all or a portion of the excess amount.  The district is not obligated to pay interest on amounts retained except as provided herein.  The district shall not be obligated to pay any interest on the 10 percent retainage held on the first 50 percent of work completed.  If the district holds any retainage on the remaining 50 percent of the work completed, the district shall pay interest on such retainage from the date the retainage is withheld to the date of payment to the contractor.  The interest rate to be paid on such retainage shall be the rate of interest paid by the district's depository bank on interest bearing accounts of similar amounts during the period of time interest accrues as provided herein.(e)  On completion and acceptance of each separate project, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made without retention of a percentage.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.277 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.277. Inspection of and Reports on Construction Work

Sec. 49.277.  INSPECTION OF AND REPORTS ON CONSTRUCTION WORK.  (a)  The board shall have control of construction work being done for the district under contract to determine whether or not the contract is being fulfilled and shall have the construction work inspected by the district engineer or other designated person.(b)  During the progress of the construction work, the district engineer or other designated person shall submit to the board detailed written reports showing whether or not the contractor is complying with the contract, and when the work is completed the district engineer shall submit to the board a final detailed report including as-built plans of the facilities showing whether or not the contractor has fully complied with the contract.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.278 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.278. Nonapplicability

Sec. 49.278.  NONAPPLICABILITY.  (a)  This subchapter does not apply to:(1)  equipment, materials, or machinery purchased by the district at an auction that is open to the public;(2)  contracts for personal or professional services or for a utility service operator;(3)  contracts made by a district engaged in the distribution and sale of electric energy to the public;(4)  contracts for services or property for which there is only one source or for which it is otherwise impracticable to obtain competition;(5)  high technology procurements;(6)  contracts for the purchase of electricity for use by the district; or(7)  contracts for services related to compliance with a state or federal construction storm water requirement, including acquisition of permits, construction, repair, and removal of temporary erosion control devices, cleaning of silt and debris from streets and storm sewers, monitoring of construction sites, and preparation and filing of all required reports.(b)  Sections 252.021(a) and 252.042, Local Government Code, apply to high technology procurements.|Added by Acts 1997, 75th Leg., ch. 1070, Sec. 20, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 18, eff. June 17, 2001;  Acts 2003, 78th Leg. ch. 248, Sec. 21, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1129, Sec. 1, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 22.004, eff. September 1, 2005.|