reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.3295. Dissolution of District by Commissioners Court Without Petition

Sec. 57.3295.  DISSOLUTION OF DISTRICT BY COMMISSIONERS COURT WITHOUT PETITION.  (a)  The commissioners court of a county that contains a portion of the Trinity River may dissolve a district at any time if the court finds the following:
(1)  the district has been dormant for more than five years;
(2)  the physical boundaries of the district cannot be determined;
(3)  the board of directors of the district is not active, or cannot be determined;
(4)  property owners of the district cannot be determined; or
(5)  a levee partially or completely inside the boundaries of the district has received a rating of unacceptable from the United States Army Corps of Engineers and the district has not undertaken, attempted to undertake, or made plans to undertake reasonable efforts to address the concerns of the United States Army Corps of Engineers.
(b)  The commissioners court shall hold a public hearing before voting on a dissolution order.  The hearing must be held not later than the seventh day before the date the dissolution order is subject to a vote by the commissioners court.
(c)  Notice of the public hearing must be published in a regularly circulated newspaper within the county not later than the seventh day before the date the public hearing is scheduled to occur.
(d)  If the commissioners court votes to dissolve the district, the commissioners court shall appoint the chairman of the board or some other suitable person as trustee to close the affairs of the district without delay, and shall determine the length of the term and the amount of compensation for the trustee.
(e)  A district may not be dissolved under this section if the district:
(1)  has any outstanding bonds or other indebtedness until that indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds; or
(2)  has a contractual obligation to pay money until that obligation has been paid fully in accordance with the contract.
(f)  This section applies only to a commissioners court of a county that:
(1)  has a population of not less than 2.2 million and that is adjacent to a county with a population of not less than 1.8 million;
(2)  has a population of not more than 200,000 and that contains a portion of Joe Pool Lake;
(3)  has a population of not less than 47,000 and that contains a portion of the Richland Chambers Reservoir; or
(4)  has a population of not less than 100,000 and that contains a portion of the Cedar Creek Reservoir.
Added by Acts 2017, 85th Leg., R.S., Ch. 872 (H.B. 2825), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.330. Commissioners Court Order Dissolving District

Sec. 57.330.  COMMISSIONERS COURT ORDER DISSOLVING DISTRICT.  (a)  If the proposition to dissolve the district carries, the commissioners court shall make an order substantially as follows:  "(Name of petitioner) and (number of other petitioners) others presented a petition asking for an election to decide whether or not (name of county) County Levee Improvement District (district number) should be dissolved.  The commissioners court held the election on (date), and more than two-thirds of the resident property taxpayers voting in the election voted to dissolve the district.  As a consequence of the election result, (name of county) County Levee Improvement District (district number) is dissolved."
(b)  The commissioners court shall enter the order in its minutes.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.331. Dissolution Trustees

Sec. 57.331.  DISSOLUTION TRUSTEES.  The commissioners court shall appoint as trustees, three landowners of the district, and the three appointed landowners assume the duties of trustees at the time they file the bond required under Section 57.332 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.332. Trustees' Bond

Sec. 57.332.  TRUSTEES' BOND.  (a)  When the commissioners court issues the dissolution order under Section 57.330 of this code, the trustees shall execute jointly a good and sufficient bond in an amount sufficient to cover the amount of the outstanding bonds and other debts of the district, payable to and approved by the county judge, conditioned on the trustees faithfully performing their duties as trustees and paying money and delivering other property of the district over which they have control to the persons entitled to the money or other property.
(b)  When the bond is executed, it shall be recorded in the minutes of the commissioners court.  When the bond is approved, it supersedes the bond the treasurer executed under Section 57.065 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.333. Trustees' Compensation

Sec. 57.333.  TRUSTEES' COMPENSATION.  (a)  The trustees are entitled to receive for their services as trustees a one-half of one percent commission on all money they receive for the district and a one-half of one percent commission on all money they pay out as trustees.  This commission is the entire compensation for all three trustees.
(b)  The trustees are not entitled to a commission on money in the treasury when they become the trustees or on money in the treasury when their trusteeship ends.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.334. Appointment of Trustee to Fill Vacancy

Sec. 57.334.  APPOINTMENT OF TRUSTEE TO FILL VACANCY.  In case of death or resignation of a trustee, the commissioners court shall appoint a successor to fill the vacancy.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.335. General Duties of Trustees

Sec. 57.335.  GENERAL DUTIES OF TRUSTEES.  (a)  The trustees have control of the disposition and sale of all district property.
(b)  The trustees have control of all the property of the district, including the money in the treasury, and shall keep the district's money and all its books, notes, accounts, and choses in action of every kind.
(c)  The trustees may sue to recover property and collect debts of the district, and may employ counsel in suits and in caring for the district's property and managing the district's dissolution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.336. Trustees' Expense

Sec. 57.336.  TRUSTEES' EXPENSE.  (a)  The trustees shall make a charge against the trust estate for each reasonable expense incurred by them in conducting the business of the district and in litigating a suit for the district.
(b)  The trustees shall charge any unpaid counsel fees or court costs incurred by former district officers against the trust estate.
(c)  The trustees shall present the charges against the trust estate to the commissioners court and shall post notice in the manner provided for other claims against the district.
(d)  If the commissioners court approves a charge against the trust estate, the charge becomes a valid, preferred claim against the district.
(e)  The trustees, acting as treasurer, may retain money in their control to pay for a valid claim which they have against the district.
(f)  If the commissioners court rejects a part of an expense which the trustees think is a valid claim, the trustees may appeal the decision as other claimants.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.337. Claims That Were Approved Before District Was Dissolved

Sec. 57.337.  CLAIMS THAT WERE APPROVED BEFORE DISTRICT WAS DISSOLVED.  The trustees shall pay all unpaid bonds and claims outstanding against the district before the commissioners court issues the dissolution order except those which are protested according to the provisions of Section 57.338 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.338. Protesting Payment of Claims Approved Before District Was Dissolved

Sec. 57.338.  PROTESTING PAYMENT OF CLAIMS APPROVED BEFORE DISTRICT WAS DISSOLVED.  (a)  If a person who pays taxes in the district protests the payment of a claim filed under Section 57.337 of this code, the trustees shall refuse to pay the claim.
(b)  The protest is sufficient to cause the trustees to disallow the claim if the person making the protest files the protest with the trustees, along with a bond for twice the amount of the claim, signed by sufficient sureties approved by the trustees, payable to the trustees, and conditioned on the protesting taxer's  paying all costs of suit if the claimant establishes his claim in full.
(c)  A person whose claim is disallowed under this section may sue the trustees for the amount he claims.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.339. Claims Not Approved Before District Was Dissolved

Sec. 57.339.  CLAIMS NOT APPROVED BEFORE DISTRICT WAS DISSOLVED.  (a)  A person who has a claim or judgment against the district which was not approved by the commissioners before the district was dissolved may collect on the claim only by following the procedure prescribed in this section and Sections 57.340-57.342 of this code.
(b)  The person must present the claim, duly verified, to the trustees within six months after the day the commissioners court approves the bond of the trustees.
(c)  The trustees shall examine the claim, and if the trustees find that the claim is correct, they shall allow it.  If the trustees allow the claim, the person making the claim must file it with the county clerk not less than 20 days before the beginning of the regular session of the commissioners court that follows the date the trustees allowed the claim.
(d)  If the trustees find that it would be unjust for them to allow a claim, they shall endorse on the claim their refusal to allow it, and the person making the claim may sue the trustees for the amount he claims in any court of competent jurisdiction in the county.
(e)  If the trustees find that it would be unjust for them to allow part of the claim, they shall endorse on the claim the parts of it they allow and the parts they disallow.  The person making the claim may either waive his claim to the part disallowed and file the claim with the commissioners court or refuse to waive his claim to the part disallowed, withdraw the claim from the trustees, and sue the trustees for the amount he claims.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.340. Claims, Payment Orders, and Appeals

Sec. 57.340.  CLAIMS, PAYMENT ORDERS, AND APPEALS.  (a)  The commissioners court, in a regular session, shall pass on claims.  The commissioners court shall approve each claim it finds to be correct and shall issue an order stating that approval and shall enter the order in its minutes.
(b)  When the order of approval is entered in the minutes, the claim becomes a valid claim against the district.
(c)  If the commissioners court approves a claim under this section, the person making the claim shall file the claim with the trustees.
(d)  If the person making the claim is not satisfied with the terms of the order of approval or if the commissioners court refuses to approve the claim, the person may appeal the decision of the commissioners court.
(e)  When a claim is filed under Section 57.339 of this code, the county clerk shall immediately issue notice of the filing to all persons interested in the district.  The notice shall be posted in three public places in the district and at the courthouse door not less than 20 days before the next regular session of the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.341. Claims Judgments

Sec. 57.341.  CLAIMS JUDGMENTS.  (a)  If a person making a claim sues the trustees for the amount of the claim and wins a judgment against the trustees, the person shall file the judgment with the trustees.
(b)  If the suit contests a claim under Section 57.338 of this code, the contestant and his sureties shall be made parties to the suit, and the trustees shall assert all defenses urged against the claim in the protest.  If the claimant wins a judgment for the whole amount of his claim, the court shall render a judgment against the contestant and his sureties for all costs incurred in the suit.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.342. Claims to Be Paid

Sec. 57.342.  CLAIMS TO BE PAID.  The trustees shall pay from money left in the district's treasury on dissolution claims filed with them under Sections 57.336, 57.337, and 57.339 of this code, in the order that the claims are filed.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.343. Disposition of Debts After Election

Sec. 57.343.  DISPOSITION OF DEBTS AFTER ELECTION.  (a)  If the district is dissolved, the commissioners court shall provide for the settlement of the debts of the district, including the costs and expenses of holding the election.
(b)  The commissioners court may levy, assess, and collect a sufficient tax on the property in the district in the manner provided in this chapter, to pay all the valid debts and obligations of the district, except bonds issued and held by a purchaser.
(c)  The district shall pay bonds that have been issued and are held by a purchaser according to the terms of the bonds by levy and collection of an annual tax as provided in this chapter unless retirement of the bonds is effected as provided in Section 57.344 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.344. Accelerated Retirement of Bonds

Sec. 57.344.  ACCELERATED RETIREMENT OF BONDS.  (a)  If there are any district bonds outstanding at the time the commissioners court issues the dissolution order, the commissioners court shall immediately begin negotiations with the holders of the bonds to determine whether or not the retirement of the bonds can be accelerated.
(b)  If the bonds can be retired at an earlier date than the date stipulated on their face, either as a result of the terms of the bonds or because of an agreement between the commissioners court and the holders of the bonds, then the commissioners court may levy a tax to pay off the bonds as quickly as possible.
(c)  The commissioners court shall have the tax assessed and collected annually or at one time.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter I. Dissolution › Section 57.346. Final Trustee Report

Sec. 57.346.  FINAL TRUSTEE REPORT.  (a)  After the trustees pay all valid claims established against the district and satisfy the cost and expenses of controlling and managing the district, they shall file a report of the final settlement with the commissioners court.
(b)  The trustees shall include in the report:
(1)  a full and complete account of all money received and paid during their trusteeship;
(2)  an account of the disposition of all property which came under their control as trustees;  and
(3)  an account of all other matters relating to the management of the affairs of the district.
(c)  On the approval of the report, the commissioners court shall direct the trustees to turn over any property or money remaining in their control to the person designated by the commissioners court to receive the money or property.
(d)  When the trustees have complied with the direction of the commissioners court, they shall report their compliance to the commissioners court.  After the trustees have reported their compliance, the commissioners court shall discharge the trustees and their sureties and close the trust estate.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter A. General Provisions › Section 58.001. Definitions

Sec. 58.001.  DEFINITIONS.  In this chapter:
(1)  "District" means an irrigation district.
(2)  "Board" means the board of directors of a district.
(3)  "Director" means a member of the board of directors of a district.
(4)  "Commissioners court" means the commissioners court of the county in which a district or part of a district is located.
(5)  "Commission" means the Texas Natural Resource Conservation Commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1981, 67th Leg., p. 984, ch. 367, Sec. 40, eff. June 10, 1981;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.080, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.011. Creation of District

Sec. 58.011.  CREATION OF DISTRICT.  An irrigation district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the Texas Constitution, or Article XVI, Section 59, of the Texas Constitution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.012. Composition of District

Sec. 58.012.  COMPOSITION OF DISTRICT.  (a)  A district may include all or part of one or more counties, including any town, village, or municipal corporation, and may include any other political subdivision of the state or any defined district, providing the land contained therein is agricultural in character.
(b)  The areas composing a district do not have to be contiguous but may consist of separate bodies of land separated by land not included in the district;  however, each segregated area, before it may be included in the district, must cast a majority vote in favor of the creation of the district.
(c)  No district may include territory located in more than one county except by a majority vote of the electors residing within the territory in each county sought to be included in the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.013. Petition

Sec. 58.013.  PETITION.  (a)  A petition requesting creation of a district shall be signed by a majority of the persons who hold title to land in the proposed district which represents a total value of more than 50 percent of the value of all the land in the proposed district as indicated by the county tax rolls.  If there are more than 50 persons holding title to land in the proposed district, the petition is sufficient if signed by 50 of them.
(b)  The petition may be signed and filed in two or more copies.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.014. Contents of Petition

Sec. 58.014.  CONTENTS OF PETITION.  The petition shall include:
(1)  the name of the district;
(2)  the area and boundaries of the district;
(3)  the provision of the Texas Constitution under which the district is to be organized;
(4)  the purpose or purposes of the district;
(5)  a statement of the general nature of the work to be done and the necessity and feasibility of the project, with reasonable detail and definiteness to assist the court or commission passing on the petition in understanding the purpose, utility, feasibility, and need;  and
(6)  a statement of the estimated cost of the project based on the information available to the person filing the petition at the time of filing.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.015. Place of Filing; Recording

Sec. 58.015.  PLACE OF FILING;  RECORDING.  (a)  The petition shall be filed in the office of the county clerk of the county in which the district is located.  If land in more than one county is included in the district, copies of the petition certified by the clerk shall be filed in the office of the county clerk of each county in which a portion of the district is located.
(b)  The petition shall be recorded in a book kept for that purpose in the office of the county clerk.
(c)  If more than one petition is filed and the petitions are identical except for the signature, one copy of the petition shall be recorded and all signatures on the other petitions shall be included.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.016. Board or Commission to Consider Creation of District

Sec. 58.016.  BOARD OR COMMISSION TO CONSIDER CREATION OF DISTRICT.  If the land to be included in a district is within one county, the creation of the district shall be considered and ordered by the commissioners court, but if the land to be included in a district is in two or more counties, the creation of the district shall be considered and ordered by the commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.017. Single-County District; Hearing

Sec. 58.017.  SINGLE-COUNTY DISTRICT;  HEARING.  (a)  If a petition is filed for the creation of a district within one county, the county judge shall issue an order setting the date of hearing on the petition by the commissioners court and shall endorse the order on the petition or on a paper attached to the petition.
(b)  After the order is issued, the county clerk shall issue notice of the hearing.
(c)  The petition may be considered at a regular or special session of the court.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.018. Single-County District; Notice of Hearing

Sec. 58.018.  SINGLE-COUNTY DISTRICT;  NOTICE OF HEARING.  (a)  The notice of hearing on the petition shall include a statement of the nature and purpose of the district and the date, time, and place of hearing.
(b)  The notice shall be prepared with one original and three copies.  The county clerk shall retain one copy of the notice in his files and deliver the original and two copies to the county sheriff.
(c)  The sheriff shall post one copy of the notice at the courthouse door 15 days before the day of the hearing and shall publish one copy in a newspaper of general circulation in the county once a week for two consecutive weeks.  The first newspaper publication shall be made at least 20 days before the day of the hearing.
(d)  Before the hearing, the sheriff shall make due return of service of the notice with copy and affidavit of publication attached to the original.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.019. Single-County District; Name

Sec. 58.019.  SINGLE-COUNTY DISTRICT;  NAME.  (a)  A district located in one county may be named the ________ County Irrigation District Number ________ (insert the name of the county and proper consecutive number).
(b)  A district may be known and designated by any term descriptive of the location of the district and descriptive of the principal powers to be exercised by the district;  however, the word "district" shall be included in the designation and a consecutive number shall be assigned to it if other districts of the same name have been created in the county.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.020. Single-County District; Testimony at Hearing

Sec. 58.020.  SINGLE-COUNTY DISTRICT;  TESTIMONY AT HEARING.  (a)  At the hearing on the petition, any person whose land is included in or would be affected by the creation of the district may appear and contest the creation of the district and may offer testimony to show that the district:
(1)  is or is not necessary;
(2)  would or would not be a public utility or benefit to land in the district;  and
(3)  would or would not be feasible or practicable.
(b)  The hearing may be adjourned from day to day.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.021. Single-County District; Granting or Refusing Petition

Sec. 58.021.  SINGLE-COUNTY DISTRICT;  GRANTING OR REFUSING PETITION.  (a)  The commissioners court or the commission shall grant the petition requesting the creation of a district if it appears at the hearing that:
(1)  organization of the district as requested is feasible and practicable;
(2)  the land to be included and the residents of the proposed district will be benefited by the creation of the district;
(3)  there is a public necessity or need for the district;  and
(4)  the creation of the district would further the public welfare.
(b)  If the commissioners court or the commission fails to make the findings required by Subsection (a) of this section, it shall refuse to grant the petition.
(c)  If the commissioners court or the commission finds that any of the land sought to be included in the proposed district will not be benefited by inclusion in the district, it may exclude that land not to be benefited and shall redefine the boundaries of the proposed district to include only the land that will receive benefits from the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.022. Single-County District; Appeal From Order of Commissioners Court

Sec. 58.022.  SINGLE-COUNTY DISTRICT;  APPEAL FROM ORDER OF COMMISSIONERS COURT.  (a)  If the commissioners court grants or refuses to grant the petition, any person who signed the petition or any person who appears and protests the petition and offers testimony against the creation of the district may appeal from the order of the court by giving notice of appeal in open court at the time of the entry of the order, which shall be entered on the court's docket, and by filing with the clerk of the commissioners court within five days a good and sufficient appeal bond in the amount of $2,500.
(b)  The appeal bond shall be approved by the clerk of the commissioners court payable to the county judge conditioned for the prosecution of the appeal with effect and the payment of all costs incurred with the appeal in the event the final decree of the court is against the appellant.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.023. Single-County District: Record on Appeal; Notice of Appeal

Sec. 58.023.  SINGLE-COUNTY DISTRICT:  RECORD ON APPEAL;  NOTICE OF APPEAL.  (a)  On completion of an appeal as provided in Section 58.022 of this code, the clerk of the commissioners court shall, within 10 days, prepare a certified transcript of all orders entered by the commissioners court and transmit them with all original documents, processes, and returns on processes to the clerk of the district court to which the appeal is taken.
(b)  All persons shall be charged with notice of the appeal without notice or service of notice.  No person who fails to appear by petition, in person, or by attorney in the commissioners court may be permitted to intervene in the district court trial.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.024. Single-County District: Hearing in District Court; Procedure

Sec. 58.024.  SINGLE-COUNTY DISTRICT:  HEARING IN DISTRICT COURT;  PROCEDURE.  (a)  The district court, either in term time or in vacation time, shall schedule the appeal for hearing with all reasonable dispatch.
(b)  In the proceeding in the district court, formal pleadings shall not be required but, with the court's permission, may be filed.
(c)  The trial and decision shall be by the court without the intervention of a jury, and the hearing shall be conducted as though the jurisdiction of the district court were original jurisdiction.
(d)  The following matters may be contested in the district court:
(1)  all matters that were or might have been presented in the commissioners court;
(2)  the validity of the Act under which the district is proposed to be created;  and
(3)  the regularity of all previous proceedings.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(47), eff. Aug. 31, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.025. Single-County District: Judgment of District Court; Appeal

Sec. 58.025.  SINGLE-COUNTY DISTRICT:  JUDGMENT OF DISTRICT COURT;  APPEAL.  (a)  In the appeal, the district court shall apply to the determination its full powers to the end that substantial justice may be done.
(b)  An appeal from the judgment of the district court may be taken as in other civil causes, but appeals filed under Section 58.022 of this code shall be given precedence on the docket of any higher court over all causes that are not of similar public concern.
(c)  The final judgment of the district court, or other court to which an appeal may be prosecuted, shall be certified and transmitted to the clerk of the commissioners court with all original documents and processes which were transmitted from the commissioners court to the district court on appeal.
(d)  The commissioners court shall enter its order on the petition to conform to the decree entered by the court of final jurisdiction and shall enter other and further orders as may be required by law to execute the intent of the certified decree.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.026. Single-County District: Appointment of Directors; Bond

Sec. 58.026.  SINGLE-COUNTY DISTRICT:  APPOINTMENT OF DIRECTORS;  BOND.  (a)  If the commissioners court grants a petition for creation of a district, it shall appoint five directors who shall serve until their successors are elected or appointed in accordance with law.
(b)  Each director shall, within 15 days after appointment, file his official bond in the office of the county clerk, and the county clerk shall present the bond to the county judge for approval.  The county judge shall pass on the bond and approve it, if it is proper and sufficient, or disapprove it and shall endorse his action on the bond and return it to the county clerk.
(c)  If approved, the bond of a director shall be recorded in a record kept for that purpose in the office of the county clerk, but if a bond is not approved, a new bond may be furnished within 10 days after disapproval.
(d)  If any director appointed under this section fails to qualify, the commissioners court shall appoint another person to replace him.
(e)  Each director appointed under this section shall take the oath of office as provided by Section 58.077 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.027. Multicounty District: Consideration by Commission

Sec. 58.027.  MULTICOUNTY DISTRICT:  CONSIDERATION BY COMMISSION.  (a)  The commission shall have exclusive jurisdiction and power to consider and determine all petitions for creation of a district that will include land or property located in two or more counties.
(b)  The orders of the commission concerning the organization of a district shall be final, unless an appeal is taken from the orders as provided in this subchapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 36, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.028. Multicounty District: Notice and Hearing on District Creation

Sec. 58.028.  MULTICOUNTY DISTRICT:  NOTICE AND HEARING ON DISTRICT CREATION.  When a petition is filed, the commission shall give notice of an application in the manner provided in Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under that section.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 37, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.030. Multicounty District: Consideration by Commission; Procedure

Sec. 58.030.  MULTICOUNTY DISTRICT:  CONSIDERATION BY COMMISSION;  PROCEDURE.  (a)  The commission shall consider and determine on the issues a petition filed under Section 58.028.
(b)  The commission shall be governed by the provisions of Section 58.021.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 38, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.031. Multicounty District: Appeal From Commission Decision

Sec. 58.031.  MULTICOUNTY DISTRICT:  APPEAL FROM COMMISSION DECISION.  (a)  When the commission grants or refuses a petition, any person who comes within the requirements specified in Sections 58.020-58.025 of this code may prosecute an appeal from the judgment of the commission under Sections 58.022-58.025 of this code.
(b)  The appeal may be taken to any district court in any county in which part of the proposed district is located or to a district court in Travis County.
(c)  The time within which an appeal bond may be approved and filed is 15 days after the entry of the final order by the commission.
(d)  On the perfection of the appeal, the appellant shall pay the actual cost of the transcript of the record, which will be assessed as part of the costs incurred on the appeal.
(e)  Whenever practicable, the original documents and processes with the returns attached shall be sent to the district court.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.032. Multicounty District: Appointment of Directors by Commission; Bond

Sec. 58.032.  MULTICOUNTY DISTRICT:  APPOINTMENT OF DIRECTORS BY COMMISSION;  BOND.  (a)  If the commission grants the petition for creation of the district, it shall appoint five directors, who shall serve until their successors are elected or appointed.
(b)  A certified copy of the order of the commission granting a petition and naming the directors shall be filed in the office of the county clerk of each county in which a portion of the district is located.
(c)  Each director named in the order shall, within 15 days after appointment, file his official bond in the office of the county clerk of the county of his residence.  The county clerk shall present the bond to the county judge for approval.
(d)  The county judge shall act on each bond in the manner provided in Section 58.026 of this code.
(e)  If any director appointed under this section fails to qualify, the commissioners court of the county in which he lives shall appoint some qualified person to replace him.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.035. Inclusion of City, Town, or Municipal Corporation in District

Sec. 58.035.  INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION IN DISTRICT.  (a)  No city, town, or municipal corporation may be included within any district created under this chapter unless the proposition for the creation of the district has been adopted by a majority of the electors in the city, town, or municipal corporation.
(b)  Any municipal corporation included within a district shall be a separate voting district, and the ballots cast within the municipal corporation shall be counted and canvassed separately from the remainder of the district.
(c)  No district that includes a city, town, or municipal corporation may include land outside of the municipal corporation unless the election to confirm and ratify the creation of the district favors the creation of the district independent of the vote within the municipal corporation.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.036. Confirmation Election in District Including Land in More Than One County

Sec. 58.036.  CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE THAN ONE COUNTY.  No district, the major portion of which is located in one county, may be organized to include land in another county unless the election held in the other county to confirm and ratify the creation of the district is adopted by those voting in the other county.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.037. Exclusion of Parts of District; Dissolution

Sec. 58.037.  EXCLUSION OF PARTS OF DISTRICT;  DISSOLUTION.  (a)  If any portion of a district governed by Sections 58.035 and 58.036 of this code votes against the creation of the district and the remainder of the district votes for the creation, the district is confirmed and ratified in those portions of the district voting for the creation, and the district is composed only of those portions.
(b)  The excluded portions of the district shall be excluded from all debts and obligations incurred after the election;  however, all land and property included in the original district shall be subject to the payment of taxes for the payment of all debts and obligations, including organizational expenses, incurred while it was a part of the district.
(c)  If a district is created and portions of the proposed district are excluded by the vote in those portions, 10 percent of the voters in the district may file with the Board a petition asking for a new election on the issue.  A new election shall be ordered and held for the remaining portion of the district or the district organization may be dissolved by order of the board and a new district formed.
(d)  A petition requesting a new election shall be filed within 30 days after the day on which the result of the election is canvassed and declared by the board.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.038. Conversion of Certain Districts Into Districts Operating Under This Chapter

Sec. 58.038.  CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS OPERATING UNDER THIS CHAPTER.  (a)  Any water improvement district or water control and improvement district which furnishes water for irrigation and does not furnish treated water or sewer services may be converted into a district operating under this chapter.
(b)  The governing body of a district which desires to convert into a district operating under this chapter shall adopt and enter in the minutes of the governing body a resolution declaring that, in its judgment, conversion into an irrigation district operating under this chapter and under Article XVI, Section 59, of the Texas Constitution, would serve the best interest of the district and would be a benefit to the land and property included in the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.039. Conversion of District; Notice

Sec. 58.039.  CONVERSION OF DISTRICT;  NOTICE.  (a)  Notice of the adoption of a resolution under Section 58.038 of this code shall be given by publishing the resolution in a newspaper with general circulation in the county or counties in which the district is located.
(b)  The notice shall be published once a week for two consecutive weeks with the first publication not less than 14 full days before the time set for a hearing.
(c)  The notice shall:
(1)  state the time and place of the hearing;
(2)  set out the resolution in full;  and
(3)  notify all interested persons to appear and offer testimony for or against the proposal contained in the resolution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.040. Conversion of District; Findings

Sec. 58.040.  CONVERSION OF DISTRICT;  FINDINGS.  (a)  If, on a hearing, the governing body of the district finds that conversion of the district into one operating under this chapter would serve the best interest of the district and would be a benefit to the land and property included in the district, it shall enter an order making this finding and the district shall become a district operating under this chapter.
(b)  If the governing body finds that the conversion of the district would not serve the best interest of the district and would not be a benefit to the land and property included in the district, it shall enter an order against conversion of the district into one operating under this chapter.
(c)  The findings of the governing body of a district entered under this section are final and not subject to appeal or review.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.041. Effect of Conversion

Sec. 58.041.  EFFECT OF CONVERSION.  A district that converts into a district operating under this chapter shall:
(1)  be constituted an irrigation district operating under and governed by this chapter;
(2)  be a conservation and reclamation district under the provisions of Article XVI, Section 59, of the Texas Constitution;  and
(3)  have and may exercise all the powers, authority, functions, and privileges provided in this chapter in the same manner and to the same extent as if the district had been created under this chapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.