reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.063. Notice of Meetings

Sec. 49.063.  NOTICE OF MEETINGS.  (a)  Notice of meetings of the board shall be given as set forth in the open meetings law, Chapter 551, Government Code, except that if a district does not have a meeting place within the district, the district shall post notice of its meeting at a public place within the district specified by the board in a written resolution, rather than at its administrative office.  The board shall specify such public place to be a bulletin board or other place within the district which is reasonably available to the public.
(b)  The validity of an action taken at a board meeting is not affected by:
(1)  failure to provide notice of the meeting if the meeting is a regular meeting;
(2)  an insubstantial defect in notice of the meeting; or
(3)  failure of a county clerk to timely or properly post or maintain public access to a notice of the meeting if notice of the meeting is furnished to the county clerk in sufficient time for posting under Section 551.043(a) or 551.045, Government Code.
(c)  This subsection applies only to notice for the district's first meeting of each calendar year.  A district that does not have a meeting place within the district shall include in the notice required under Subsection (a) a description of the petition process under Section 49.062(c).
(d)  A district that is required by law to post notice of a meeting on an Internet website may instead provide the notice to the county clerk of each county in which the district is located to post the notice on the county clerk's or county's Internet website.
(e)  Failure to timely or properly post a notice of a meeting on an Internet website does not prohibit a district from conducting the meeting if the notice required by Section 551.054(a)(1), Government Code, is posted timely and properly.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 907 (S.B. 554), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 13, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.0631. District Information on Water Bill

Sec. 49.0631.  DISTRICT INFORMATION ON WATER BILL.  A district providing potable water or sewer service shall as a part of the district's billing process include on a district's bill to a customer the following statement: "For more information about the district, including information about the district's board and board meetings, please go to the Comptroller's Special Purpose District Public Information Database or (district's Internet website if the district maintains an Internet website, or, if the district does not maintain an Internet website, the Internet website or websites the district uses to comply with Section 2051.202, Government Code, and Section 26.18, Tax Code)."  The statement may be altered to provide the current Internet website address of the database created under Section 403.0241, Government Code, the district, or the Internet website or websites the district uses to comply with Section 2051.202, Government Code, and Section 26.18, Tax Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 105 (S.B. 239), Sec. 4, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 647 (H.B. 1154), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.064. Meetings

Sec. 49.064.  MEETINGS.  The board shall hold such regular and special meetings as may be necessary for the proper conduct of the district's business.  All meetings shall be conducted in accordance with the open meetings law, Chapter 551, Government Code.  A meeting of a committee of the board, or a committee composed of representatives of more than one board, where less than a quorum of any one board is present is not subject to the provisions of the open meetings law, Chapter 551, Government Code.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.065. Records

Sec. 49.065.  RECORDS.  (a)  The board shall keep a complete account of all its meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and other records in a safe place.
(b)  The records of each district are the property of the district and are subject to the open records law, Chapter 552, Government Code.
(c)  The preservation, microfilming, destruction, or other disposition of the records of each district is subject to the requirements of Chapter 201, Local Government Code, and rules adopted under that chapter.
(d)  Subsection (b) applies to a personal e-mail address of a director only if the district does not make available to the public an official e-mail address for the director or the district.  In this subsection, "personal e-mail address" means an e-mail address that is not paid for by district money and is not used primarily for the transaction of official business of the district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 14, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.066. Suits

Sec. 49.066.  SUITS.  (a)  A district may sue and be sued in the courts of this state in the name of the district by and through its board.  A suit for contract damages may be brought against a district only on a written contract of the district approved by the district's board.  All courts shall take judicial notice of the creation of the district and of its boundaries.
(b)  Any court in the state rendering judgment for debt against a district may order the board to levy, assess, and collect taxes or assessments to pay the judgment.
(c)  The president or the general manager of any district shall be the agent of the district on whom process, notice, or demand required or permitted by law to be served upon the district may be served.
(d)  Except as provided in Subsection (e), no suit may be instituted in any court of this state contesting:
(1)  the validity of the creation and boundaries of a district created under this code;
(2)  any bonds or other obligations created under this code;  or
(3)  the validity or the authorization of a contract with the United States by the district.
(e)  The matters listed in Subsection (d) may be judicially inquired into at any time and determined in any suit brought by the State of Texas through the attorney general.  The action shall be brought on good cause shown, except where otherwise provided by other provisions of this code or by the Texas Constitution.  It is specifically provided, however, that no such proceeding shall affect the validity of or security for any bonds or other obligations theretofore issued by a district if such bonds or other obligations have been approved by the attorney general as provided by Section 49.184.
(f)  A district or water supply corporation shall not be required to give bond for appeal, injunction, or costs in any suit to which it is a party and shall not be required to deposit more than the amount of any award in any eminent domain proceeding.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.067. Contracts

Sec. 49.067.  CONTRACTS.  (a)  A district shall contract, and be contracted with, in the name of the district.
(b)  Notwithstanding any other law, a contract for technical, scientific, legal, fiscal, or other professional services must be approved by the board unless specifically delegated by board action.  The terms and conditions of such a contract, including the terms for payment, are subject to the decision of the board unless specifically delegated by board action.  The board through such action cannot abrogate its fiscal responsibility.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 7, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.068. Contracts With Governmental Agencies

Sec. 49.068.  CONTRACTS WITH GOVERNMENTAL AGENCIES.  (a)  The provisions of this chapter pertaining to bids and the Local Government Code notwithstanding, a district may purchase property from any governmental entity by negotiated contract without the necessity of securing appraisals or advertising for bids.
(b)  The provisions of other law or a home-rule municipal charter notwithstanding, a municipality may contract with a district.  The term of a contract under this subsection may be of unlimited duration.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 8, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.069. Employee Benefits

Sec. 49.069.  EMPLOYEE BENEFITS.  (a)  The board may provide for and administer retirement, disability, and death compensation funds for the employees of the district.
(b)  The board may establish a public retirement system in accordance with the provisions of Chapter 810, Government Code.  The board may also provide for a deferred compensation plan described by Section 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 457).
(c)  The board may include hospitalization and medical benefits to its employees as part of the compensation paid to the officers and employees and may adopt any plan, rule, or regulation in connection with it and amend or change the plan, rule, or regulation as it may determine.
(d)  The board may establish a sick leave pool for employees of the district in the same manner as that authorized for the creation of a sick leave pool for state employees by Subchapter A, Chapter 661, Government Code.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.070. Workers' Compensation

Sec. 49.070.  WORKERS' COMPENSATION.  The board may become a subscriber under Title 5, Labor Code (Texas Workers' Compensation Act), with any insurance company authorized to write the policies in the State of Texas.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.071. District Name Change

Sec. 49.071.  DISTRICT NAME CHANGE.  (a)  On petition by a district showing reasonable grounds for a name change, the commission by order may change the name of the district to the name requested by the district.  The new name must be generally descriptive of the location of the district followed by the type of district as provided by the title of the chapter of the Water Code governing the district.  If a district is located wholly within one county that contains more than one district of that type, the district may be differentiated, if necessary, by adding to the new name the proper consecutive number.  The new name may not be the same as the name of any other district in the county.
(b)  A name change takes effect on the date of issuance of the commission order making the name change.
(c)  Not later than the 30th day after the date of issuance of the commission order making the name change, the district shall publish notice of the name change in a newspaper or newspapers of general circulation in the county or counties in which the district is located.  Within that same period, the district shall also give notice of the name change by mail to utility customers or permittees, if any, and, to the extent practicable, to the holders of bonds, obligations, and other indebtedness of the district.  Failure of the district to comply with this subsection does not affect the validity of the name change.
(d)  A change in the name of a district does not affect bonds, obligations, or other indebtedness of the district existing before the name change occurred.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter C. Administrative Provisions › Section 49.072. Limitation on Future Employment

Sec. 49.072.  LIMITATION ON FUTURE EMPLOYMENT.  (a)  A person who has served as a director of a district may not contract with that district or be employed by an organization to which the district has awarded a contract for one year following the date on which the person ceased to serve as a director.
(b)  This section does not apply to a person who has served as a director of a district that performs agricultural irrigation functions under Chapter 51, 55, or 58 if the person, when serving as a director, was required to own land as a qualification for office.
Added by Acts 2003, 78th Leg., ch. 469, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.101. General

Sec. 49.101.  GENERAL.  All elections shall be generally conducted in accordance with the Election Code except as otherwise provided for by this code.  Write-in candidacies for any district office shall be governed by Subchapter C, Chapter 146, Election Code.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.1025. Qualified Voters in Confirmation Election

Sec. 49.1025.  QUALIFIED VOTERS IN CONFIRMATION ELECTION.  (a)  In this section, "developer of property in the district" has the meaning assigned by Section 49.052(d).
(b)  A voter in a confirmation election or an election held jointly with a confirmation election on the same date and in conjunction with the confirmation election to authorize taxes and bonds must be a qualified voter of the district.  For the purposes of an election described by this subsection, a person is not a qualified voter if the person:
(1)  on the date of the election:
(A)  is a developer of property in the district;
(B)  is related within the third degree of affinity or consanguinity to a developer of property in the district;
(C)  is an employee of a developer of property in the district; or
(D)  has resided in the district less than 30 days; or
(2)  received monetary consideration from a developer of property in the district in exchange for the person's vote.
(c)  In addition to the procedures for accepting a voter under Section 63.001, Election Code, the election officer shall provide to the voter the form of the affidavit required by this section.  The election officer must receive a completed affidavit before marking the voter as accepted under Section 63.001(e), Election Code.  If the voter does not submit a completed affidavit to the election officer or the information stated on the affidavit demonstrates the voter is not a qualified voter as provided by this section, the voter may be accepted only to vote provisionally under Section 63.011, Election Code.
(d)  The district shall submit original or certified copies of voter affidavits to the office of the attorney general in a transcript of the proceedings of the confirmation election.
(e)  The office of the attorney general shall prescribe the form of the voter affidavit.
(f)  The voter affidavit must require the voter to state under oath:
(1)  the address of the voter and that the voter resides in the territory of the district;
(2)  the date the voter changed the voter's residence to the address provided under Subdivision (1); and
(3)  that the voter, to the best of the voter's knowledge, believes that the voter's registration is effective on the date of the election.
(g)  The affidavit must include the following statement:
"I am not a developer of property in the district, related within the third degree of affinity or consanguinity to a developer of property in the district, or an employee of a developer of property in the district.  I have not received monetary consideration from a developer of property in the district for my vote in this election."
(h)  Compliance with this section or the validity of a voter affidavit may only be challenged in an election contest under Title 14, Election Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 848 (H.B. 2358), Sec. 1, eff. January 1, 2018.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.103. Terms of Office of Directors

Sec. 49.103.  TERMS OF OFFICE OF DIRECTORS.  (a)  Except as provided by Section 49.102, the members of the board of a district shall serve staggered four-year terms.
(b)  Unless a district holds its general election for officers on a date as otherwise provided by statute, after confirmation of a district, an election shall be held on the uniform election date, provided by Section 41.001, Election Code, in May of each even-numbered year to elect the appropriate number of directors.
(c)  The permanent directors may assign a position number to each director's office, in which case directors shall thereafter be elected by position and not at large.
(d)  A district may provide for the election of all directors, or a majority of directors, from single-member districts, which shall be geographically described within the boundaries of the district in a manner that is equitable for the electors within such districts and within the district generally.
(e)  Section 49.002 notwithstanding, in all areas of conflict the provisions of Subsections (a) and (b) shall take precedence over all prior statutory enactments.
(f)  This section does not apply to:
(1)  any special law district or authority that is not required by the law creating the district or authority to elect its directors by the public;  or
(2)  a special utility district operating under Chapter 65.
(g)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 105, Sec. 32, eff. September 1, 2013.
(h)  If authorized by the board in the proceedings calling a director election, the secretary of the board or the secretary's designee, on receipt of the certification required by Section 2.052(b), Election Code, shall post notice that the election is not to be held.  The notice must be posted, on or before the commencement of early voting, at each polling place that would have been used in the election.  If the notice is timely posted:
(1)  the board or the board's designee is not required to:
(A)  post or publish notice of the election;
(B)  prepare or print ballots and election materials;  or
(C)  hold early and regular voting;  and
(2)  the board shall meet at the earliest practicable time to declare each unopposed candidate elected to office.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 4, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 340, Sec. 5, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 9, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 5, eff. October 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.006, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 32, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 127 (H.B. 999), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.104. Alternative Election Procedures

Sec. 49.104.  ALTERNATIVE ELECTION PROCEDURES.  (a)  Notwithstanding the provisions and requirements of the Election Code and general laws, any two or more districts situated in the same county and in which substantially all of the land is being or has been developed as part of a single community development plan and which are served by common water supply and waste disposal systems may by mutual agreement designate a common election office and common early and regular polling places within one or more of the districts, but outside the boundaries of one or more of the districts, for the conduct of director election proceedings and early and regular balloting in director elections.  This alternative election procedure may only be used if the common election office and polling places so designated:
(1)  are within buildings open to the public;
(2)  are within the boundaries of at least one of the districts;
(3)  meet the requirements of the Election Code and general laws as polling places;  and
(4)  are located not more than five miles from any portion of the boundaries of any of the participating districts.
(b)  Such districts may also agree on and designate a common election officer and common early and regular voting officials for some or all of the director elections to be simultaneously conducted at a common location, any of whom may be nonelective employees of one or more of the districts, so long as the early and regular voting officials are qualified voters within at least one of the districts.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.1045. Certification of Election Results in Less Populous Districts

Sec. 49.1045.  CERTIFICATION OF ELECTION RESULTS IN LESS POPULOUS DISTRICTS.  (a)  This section applies only to a district that:
(1)  has 10 or fewer registered voters; and
(2)  holds an election jointly with a county in which the district is wholly or partly located.
(b)  A district may provide for an inquiry into and certification of the voting results of an election under this section if:
(1)  the election results indicate that the number of votes cast in the election was greater than the number of registered voters in the district;
(2)  the board determines that the election results are likely to be disputed in court; and
(3)  the board can determine from the official list of registered voters prepared by the county voter registrar or county elections administrator for the district election which voters were qualified to vote in the district election and can determine from the signature roster from the joint election who voted in the joint election.
(c)  To certify the district votes, the board by rule shall adopt a procedure to determine for each person who signed the signature roster as a voter in the joint election:
(1)  whether the person's address on the day of the election was in the district; and
(2)  how the person voted in the district election.
(d)  The certified votes are the official election results.
(e)  Certification of the results under this section does not preclude the filing of an election contest.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.105. Vacancies

Sec. 49.105.  VACANCIES.  (a)  Except as otherwise provided in this code, a vacancy on the board and in other offices shall be filled for the unexpired term by appointment of the board not later than the 60th day after the date the vacancy occurs.
(b)  If the board has not filled a vacancy by appointment before the 61st day after the date the vacancy occurs, a petition, signed by more than 10 percent of the registered voters of the district, requesting the board to fill the vacancy by appointment may be presented to the board.
(c)  If the number of directors is reduced to fewer than a majority or if a vacancy continues beyond the 90th day after the date the vacancy occurs, the vacancy or vacancies may be filled by appointment by the commission if the district is required by Section 49.181 to obtain commission approval of its bonds or by the county commissioners court if the district was created by the county commissioners court, regardless of whether a petition has been presented to the board under Subsection (b).  An appointed director shall serve for the unexpired term of the director he or she is replacing.
(d)  In the event of a failure to elect one or more members of the board of a district resulting from the absence of, or failure to vote by, the qualified voters in an election held by the district, the current members of the board or temporary board holding the positions not filled at such election shall be deemed to have been elected and shall serve an additional term of office, or, in the case of a temporary board member deemed elected under this subsection, the initial term of office.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 10, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.106. Bond Elections

Sec. 49.106.  BOND ELECTIONS.  (a)  Before an election is held to authorize the issuance of bonds, other than refunding bonds, there shall be filed in the office of the district and open to inspection by the public an engineer's report covering the land, improvements, facilities, plants, equipment, and appliances to be purchased or constructed and their estimated cost, together with maps, plats, profiles, and data fully showing and explaining the report.  The engineer's report is not:
(1)  part of the proposition or propositions to be voted on;  or
(2)  a contract with the voters.
(b)  Notice of a bond election shall contain the proposition or propositions to be voted on, which includes the estimate of the probable cost of design, construction, purchase, and acquisition of improvements and additions thereto, and incidental expenses connected with such improvements and the issuance of bonds.
(c)  A bond election may be held on the same day as any other district election.  The bond election may be called by a separate election order or as a part of any other election order.  The board may submit multiple purposes in a single proposition at an election.
(d)  A bond election may be called as a result of an agreement to annex additional territory into the district.
(e)  A district's authorization to issue bonds resulting from an election held under this section, or any other law that allows for the qualified voters of a district to authorize the issuance of bonds by a district, remains in effect after the election unless the district is dissolved.
(f)  The board may submit new bond authorization and refunding bond authorization in a single proposition at an election.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 5, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1423, Sec. 5, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 10, eff. June 18, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.109. Agent During Election Period

Sec. 49.109.  AGENT DURING ELECTION PERIOD.  The board may appoint a person, including a district officer, employee, or consultant, to serve as the district's agent under Section 31.123, Election Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.110. Election Judge

Sec. 49.110.  ELECTION JUDGE.  (a)  The notice requirements for the appointment of a presiding election judge under Section 32.009, Election Code, do not apply to an election held by a district.
(b)  To serve as an election judge in an election held by a district, a person must be a registered voter of the county in which the district is wholly or partly located.  To the extent of any conflict with Section 32.051, Election Code, this section controls.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.111. Exemptions From Use of Accessible Voting Systems

Sec. 49.111.  EXEMPTIONS FROM USE OF ACCESSIBLE VOTING SYSTEMS.  (a)  Notwithstanding Sections 61.012 and 61.013, Election Code, a district is exempt from the acquisition, lease, or use of an electronic voting system for an election if:
(1)  the election is a confirmation election or an election held jointly with a confirmation election on the same date and in conjunction with the confirmation election, except for an election in which a federal office appears on the ballot;
(2)  the most recently scheduled district directors' election was not held, as provided by Section 2.053(b), Election Code; or
(3)  fewer than 250 voters voted at the most recently held district directors' election.
(b)  A district eligible for the exemption under Subsection (a) must publish notice in a newspaper of general circulation in an area that includes the district or mail notice to each voter in the district regarding the district's intention to hold an election without providing a voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) on election day and during the period for early voting by personal appearance.  The notice must be published or mailed not later than the later of:
(1)  the 75th day before the date of the election; or
(2)  the date on which the district adopts the order calling the election.
(c)  The notice required by Subsection (b) must:
(1)  provide that any voter in the district may request the use of a voting station that meets the accessibility requirements for voting by a person with a disability; and
(2)  provide information on how to submit such a request.
(d)  The district shall comply with a request for an accessible voting station if the request is received not later than the 45th day before the date of the election.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.112. Cancellation of Election; Removal of Ballot Measure

Sec. 49.112.  CANCELLATION OF ELECTION; REMOVAL OF BALLOT MEASURE.  Before the first day of early voting by personal appearance, the board by order or resolution may cancel an election called at the discretion of the district or may remove from the ballot a measure included at the discretion of the district.  A copy of the order or resolution must be posted during the period for early voting by personal appearance and on election day at each polling place that is used or that would have been used in the election.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter D. Election Provisions › Section 49.113. Notice for Filing for Place on Ballot

Sec. 49.113.  NOTICE FOR FILING FOR PLACE ON BALLOT.  A notice required by Section 141.040, Election Code, must be posted at the district's administrative office in the district or at the public place established by the district under Section 49.063 of this chapter not later than the 30th day before the deadline for a candidate to file an application for a place on the ballot of a district directors' election.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.151. Expenditures

Sec. 49.151.  EXPENDITURES.  (a)  Except as hereinafter provided, a district's money may be disbursed only by check, draft, order, or other instrument that shall be signed by at least a majority of the directors.
(b)  The board may by resolution allow the general manager, treasurer, bookkeeper, or other employee of the district to sign disbursements.
(c)  The board may allow disbursements of district money to be transferred by federal reserve wire system or by electronic means.  The board by resolution may allow the wire or electronic transfers to accounts in the name of the district or accounts not in the name of the district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 8, eff. June 17, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.152. Purposes for Borrowing Money

Sec. 49.152.  PURPOSES FOR BORROWING MONEY.  The district may issue bonds, notes, or other obligations to borrow money for any corporate purpose or combination of corporate purposes only in compliance with the methods and procedures provided by this chapter or by other applicable law.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.153. Revenue Notes

Sec. 49.153.  REVENUE NOTES.  (a)  The board, without the necessity of an election, may borrow money on negotiable or nonnegotiable notes of the district to be paid solely from the revenues derived from the ownership of all or any designated part of the district's works, plants, improvements, facilities, or equipment after deduction of the reasonable cost of maintaining and operating the facilities.
(b)  The notes may be first or subordinate lien notes within the discretion of the board, but no obligation may ever be a charge on the property of the district or on taxes levied or collected by the district but shall be solely a charge on the revenues pledged for the payment of the obligation.  No part of the obligation may ever be paid from taxes levied or collected by the district.
(c)  Except as provided by Subsection (e), a district may not execute a note for a term longer than three years unless the commission issues an order approving the note.
(d)  This section does not apply to special water authorities.
(e)  Subsection (c) does not apply to:
(1)  a note issued to and approved by:
(A)  the Farmers Home Administration;
(B)  the United States Department of Agriculture;
(C)  the Texas Water Development Board;
(D)  the North American Development Bank; or
(E)  a federally chartered instrumentality of the United States authorized under 12 U.S.C. Section 2128(f) to provide financing for water and waste disposal facilities, provided that the district that executes the note is located wholly in a county that:
(i)  does not contain a municipality that has a population of more than 750,000; and
(ii)  is not adjacent to a county described by Subparagraph (i); or
(2)  a district described by Section 49.181(h).
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 7, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 248, Sec. 11, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 608, Sec. 7, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.19, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.154. Bond Anticipation Notes; Tax Anticipation Notes

Sec. 49.154.  BOND ANTICIPATION NOTES;  TAX ANTICIPATION NOTES.  (a)  The board may declare an emergency in the matter of funds not being available to pay principal of and interest on any bonds of the district payable in whole or in part from taxes or to meet any other needs of the district and may issue tax anticipation notes or bond anticipation notes to borrow the money needed by the district without advertising or giving notice of the sale.  A district's bond anticipation notes or tax anticipation notes are negotiable instruments within the meaning and purposes of the Business & Commerce Code notwithstanding any provision to the contrary in that code.  Bond anticipation notes and tax anticipation notes shall mature within one year of their date.
(b)  Tax anticipation notes may be issued for any purpose for which the district is authorized to levy taxes, and tax anticipation notes shall be secured with the proceeds of taxes to be levied by the district in the succeeding 12-month period.  The board may covenant with the purchasers of the notes that the board will levy a sufficient tax to pay the principal of and interest on the notes and pay the costs of collecting the taxes.
(c)  Bond anticipation notes may be issued for any purpose for which bonds of the district may be issued or for the purpose of refunding previously issued bond anticipation notes.  A district may covenant with the purchasers of the bond anticipation notes that the district will use the proceeds of sale of any bonds in the process of issuance for the purpose of refunding the bond anticipation notes, in which case the board will be required to use the proceeds received from sale of the bonds in the process of issuance to pay principal, interest, or redemption price on the bond anticipation notes.
(d)  Districts required to seek commission approval of bonds must have an application for such approval on file with the commission prior to the issuance of bond anticipation notes.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.155. Payment of Expenses

Sec. 49.155.  PAYMENT OF EXPENSES.  (a)  The district may pay out of bond proceeds or other available funds of the district all expenses of the district authorized by this section, including expenses reasonable and necessary to effect the issuance, sale, and delivery of bonds as determined by the board, including, but not limited to, the following:
(1)  interest during construction;
(2)  capitalized interest not to exceed three years' interest;
(3)  reasonable and necessary reserve funds not to exceed two years' interest on the bonds;
(4)  interest on funds advanced to the district;
(5)  financial advisor, bond counsel, attorney, and other consultant fees;
(6)  paying agent, registrar, and escrow agent fees;
(7)  right-of-way acquisition;
(8)  underwriter's discounts or premiums;
(9)  engineering fees, including surveying expenses and plan review fees;
(10)  commission and attorney general fees;
(11)  printing costs;
(12)  all organizational, administrative, and operating costs during creation and construction periods;
(13)  the cost of investigation and making plans, including preliminary plans and associated engineering reports;
(14)  land required for stormwater control;
(15)  costs associated with requirements for federal stormwater permits;  and
(16)  costs associated with requirements for endangered species permits.
(b)  For purposes of this section, construction periods shall mean any periods during which the district is constructing its facilities or there is construction by third parties of above ground improvements within the district, but in no event longer than five years.
(c)  The district may reimburse any person for money advanced for the purposes in Subsection (a) and may be charged interest on such funds.
(d)  These payments may be made from money obtained from the issuance of notes or the sale of bonds issued by the district or out of maintenance taxes or other revenues of the district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 12, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1423, Sec. 9, eff. June 17, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.156. Depository

Sec. 49.156.  DEPOSITORY.  (a)  The board, by order or resolution, shall designate one or more banks or savings associations within the state to serve as the depository for the funds of the district.  The board shall not be required to advertise or solicit bids in selecting its depositories.
(b)  To the extent that funds in the depository banks or savings associations are not insured by the Federal Deposit Insurance Corporation, they shall be secured in the manner provided by law for the security of funds by Chapter 2257, Government Code (Public Funds Collateral Act).
(c)  The board may authorize a designated representative to supervise the substitution of securities pledged to secure the district's funds.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.157. Investments

Sec. 49.157.  INVESTMENTS.  (a)  All district deposits and investments shall be governed by Subchapter A, Chapter 2256, Government Code (Public Funds Investment Act).
(b)  The board may provide that an authorized representative of the district may invest and reinvest the funds of the district and provide for money to be withdrawn from the appropriate accounts of the district for the investments on such terms as the board considers advisable.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.1571. Investment Officer

Sec. 49.1571.  INVESTMENT OFFICER.  (a)  Notwithstanding Section 2256.005(f), Government Code, the board may contract with a person to act as investment officer of the district.
(b)  The investment officer of a district shall:
(1)  not later than the first anniversary of the date the officer takes office or assumes the officer's duties, attend a training session of at least six hours of instruction relating to investment responsibilities under Chapter 2256, Government Code;  and
(2)  attend at least four hours of additional investment training within each two-year period after the first year.
(c)  Training under this section must be from an independent source approved by:
(1)  the board;  or
(2)  a designated investment committee advising the investment officer.
(d)  Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with Chapter 2256, Government Code.
(e)  During January of each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the districts for which the person provided required training under this section during the previous calendar year.  An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar.
Added by Acts 2001, 77th Leg., ch. 69, Sec. 3, eff. May 14, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter E. Fiscal Provisions › Section 49.158. Fiscal Year

Sec. 49.158.  FISCAL YEAR.  Within 30 days after a district becomes financially active, the board shall adopt a fiscal year by a formal board resolution.  The district shall notify the executive director of the adopted fiscal year within 30 days after adoption.  The district may change its fiscal year at any time;  provided, however, it may not be changed more than once in any 24-month period.  After any change in the district's fiscal year, the district shall notify the executive director of the changed fiscal year within 30 days after adoption.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter F. Issuance of Bonds › Section 49.182. Commission Supervision of Projects and Improvements

Sec. 49.182.  COMMISSION SUPERVISION OF PROJECTS AND IMPROVEMENTS.  (a)  During construction of projects and improvements approved by the commission under this subchapter, no substantial alterations may be made in the plans and specifications without the approval of the commission in accordance with commission rules.
(b)  The executive director may inspect the improvements at any time during construction to determine if the project is being constructed in accordance with the plans and specifications approved by the commission.
(c)  If the executive director finds that the project is not being constructed in accordance with the approved plans and specifications, the executive director shall give written notice immediately by certified mail to the district's manager and to each board member.
(d)  If within 10 days after the notice is mailed the board does not take steps to ensure that the project is being constructed in accordance with the approved plans and specifications, the executive director shall give written notice of this fact to the attorney general.
(e)  After receiving this notice, the attorney general may bring an action for injunctive relief or quo warranto proceedings against the directors.  Venue for either suit is exclusively in a district court in Travis County.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.