reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.174. Covenants and Agreements Included in Lease

Sec. 51.174.  COVENANTS AND AGREEMENTS INCLUDED IN LEASE.  (a)  The lease shall expressly state that the sums payable under the terms of the lease and the lease itself shall not constitute an indebtedness or pledge of the general credit of the district within the meaning of any constitutional or statutory limitation of indebtedness.  The lease shall contain a statement that payments due under it are not payable from any funds raised or to be raised by taxation.
(b)  The lease may contain covenants and agreements which are not inconsistent with the provisions of this code which authorize the lease for:
(1)  the management and operation of the leased properties;
(2)  the imposition and collection of charges for water;
(3)  the disposition of the proceeds of charges;
(4)  the insurance, protection, and maintenance of the leased properties;
(5)  the creation of other obligations payable from the revenues derived from the operation of the leased properties;
(6)  the keeping of books and records by the district;  and
(7)  other pertinent provisions which the board considers desirable to assure the payment of amounts due under the lease.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.175. Revenue for Payment of Lease Rental

Sec. 51.175.  REVENUE FOR PAYMENT OF LEASE RENTAL.  (a)  All money due the lessor under the lease shall be payable solely from the revenue derived by the district from the sale of water supplied through the leased system.
(b)  The board shall set and collect charges for the water supplied through the leased properties to produce sufficient revenue at all times to allow for delinquencies and to pay promptly all rental payments becoming due under the terms of the lease.  The board may agree to deposit this money in a separate fund as a first charge on the gross revenue received each year from sales of water, and which shall not be used for any other purpose.
(c)  The board may agree in the lease to pay all expenses of operating and maintaining the leased properties from the fund provided by the board each year for the maintenance and operation expenses of the district so that the gross revenue from sale of water will be available exclusively for payment of rentals until the amount required for rentals each year is paid into the separate rental fund.
(d)  If the board includes this agreement in the lease, the board shall provide for the payment of sums into the maintenance fund from sources other than the remaining portions of the gross revenue from the sale of water not required to pay rentals which are sufficient each year to pay all expenses of operating the district and maintaining and operating its properties and facilities, including the leased properties.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.1751. Additional Sources for Payment of Lease

Sec. 51.1751.  ADDITIONAL SOURCES FOR PAYMENT OF LEASE.  (a)  Notwithstanding any other provision of this chapter, a district may make payments from tax revenue under a lease of all or any part of an irrigation system as provided in Section 51.173 of this code if the lease is approved by a majority of the qualified voters voting at an election held for that purpose.
(b)  An election for the approval of a lease shall be called and conducted, the returns canvassed, and notice of the election given under the same procedure as a bond election in the district.  The election may be held on the same day as a bond election of the district.
(c)  If the lease is approved at the election and authorized by the board of directors, it shall constitute an obligation against the taxing power of the district, and the district shall levy, assess, and collect taxes to the extent provided in the lease.
Added by Acts 1979, 66th Leg., p. 883, ch. 403, Sec. 2, eff. June 6, 1979.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.176. Receiver for Leased Irrigation System

Sec. 51.176.  RECEIVER FOR LEASED IRRIGATION SYSTEM.  (a)  If the district defaults in the payments due under a lease, the lessor may petition a court of competent jurisdiction to appoint a receiver for the leased properties.
(b)  The receiver shall operate the properties and collect and distribute the revenue according to the terms of the lease and the direction of the court.
(c)  The receiver has the same rights and powers as the board in its operation of the leased properties.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.177. Joint Lease by Two or More Districts

Sec. 51.177.  JOINT LEASE BY TWO OR MORE DISTRICTS.  The boards of two or more districts may adopt resolutions to enter into a joint lease under the provisions of Section 51.173 of this code.  The joint lease shall specify clearly the respective rights and liabilities of the districts and shall be subject to all the provisions of Sections 51.173-176 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.178. Authority to Acquire Irrigation System Subject to Mortgage

Sec. 51.178.  AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT TO MORTGAGE.  A district may acquire by gift, grant, or purchase any part of an irrigation system serving the district which is subject to a mortgage or encumbrance.  The mortgage or encumbrance shall not be assumed by the district and shall not be an indebtedness of the district but shall constitute solely a charge on the encumbered property and the revenue from it.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.179. Revenue for Payment of Mortgage

Sec. 51.179.  REVENUE FOR PAYMENT OF MORTGAGE.  (a)  The board may determine conclusively by resolution whether the mortgage or encumbrance represents all or part of the cost of the acquired property and constitutes a purchase money lien on the property.
(b)  The board may contract to use and pledge its revenue derived solely from the sale of water and services supplied through the acquired properties for the payment of a purchase money lien.
(c)  The board also may use revenue from taxation or from the issuance and sale of bonds to pay all or part of the amount due under the encumbrance if a majority of the electors of the district voting at an election on this proposition approve its use.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.180. Election to Approve Revenue for Payment of Mortgage

Sec. 51.180.  ELECTION TO APPROVE REVENUE FOR PAYMENT OF MORTGAGE.  (a)  If tax and bond revenue is pledged to pay amount due under the encumbrance, the district must hold an election and receive the approval of the electors.
(b)  An election to approve the use of tax and bond revenue shall be held in the same manner and with the same voters' qualifications as provided for elections on the issuance of the bonds of the district.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.181. Joint Acquisition of Mortgaged System by Two or More Districts

Sec. 51.181.  JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO OR MORE DISTRICTS.  (a)  Two or more districts jointly may acquire by gift, grant, or purchase any part of an irrigation system serving the districts subject to a mortgage or encumbrances in the same manner that a single district may acquire the system.
(b)  In the proceedings authorizing the acquisition, the boards of the respective districts shall define clearly the respective rights, interest, and liability of the districts in the acquired property and in the mortgage or encumbrance.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.182. Authority to Lease Facilities to Water Customers

Sec. 51.182.  AUTHORITY TO LEASE FACILITIES TO WATER CUSTOMERS.  (a)  A district may lease to any person, firm, or corporation which is a bona fide water customer of the district any of its river pump stations, conveyance canals, off-channel reservoirs, reservoir pump stations, water mains, water treatment plants, or other facilities used in connection with them.  The lease may include any of the district's land which is appropriate to the utilization of the leased facilities, including but not limited to land acquired by eminent domain.
(b)  The board and the lessee shall agree on the form of the lease and its terms, conditions, provisions, and stipulations;  however, the duration of the lease shall not be longer than the duration of the water contract between the district and the lessee under the primary term of the water contract and any renewal or extension of it.
(c)  After a lease to a water customer is authorized by the board, the lease shall be executed by the president or vice president of the board and attested by the secretary.  The lease is valid and effective without any other requirement or prerequisite by the district.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.184. Preference in Use of Water

Sec. 51.184.  PREFERENCE IN USE OF WATER.  (a)  The board may award the use of district water in the following order of preference and superiority:
(1)  domestic and municipal use;
(2)  industrial use, other than the development of hydroelectric power;
(3)  irrigation;
(4)  development of hydroelectric power;
(5)  pleasure and recreation.
(b)  The board may withdraw water from an inferior use and appropriate the water to a superior use when required for the welfare of the district.
(c)  The board must use the condemnation procedures in Subchapter F of this chapter for a withdrawal or diversion of the use of water which affects a vested right.
(d)  The board may implement the action prescribed in Subsection (b) or in Subsections (b) and (c) above, and shall obtain necessary amendments to the district's permit, certified filing, or certificate of adjudication in the manner provided in Section 11.122 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1975, 64th Leg., p. 1250, ch. 473, Sec. 1, eff. June 19, 1975;  Acts 1981, 67th Leg., p. 980, ch. 367, Sec. 16, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.185. Suit to Protect Water Rights

Sec. 51.185.  SUIT TO PROTECT WATER RIGHTS.  The board may institute and maintain any suit or suits to protect the water supply or other rights of the district, to prevent any unlawful interference with the water supply or other rights of the district, or to prevent a diversion of its water supply by others.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.186. Transfer of Water Right

Sec. 51.186.  TRANSFER OF WATER RIGHT.  If there is land in a district which has a water right from a source of supply acquired by the district but the land is difficult or impracticable to irrigate from that source of supply, the district may allow transfer of the water right to other land which is adjacent to the district.  The adjacent land may be admitted to the district with the same right of water service as the land from which the water was transferred.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.187. Selling Waterpower Privileges

Sec. 51.187.  SELLING WATERPOWER PRIVILEGES.  (a)  The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs or within its canal system.
(b)  The sale of waterpower privileges may not interfere with the district's obligation to furnish an adequate supply of water for the purpose for which the district was organized and for municipal purposes in districts which furnish water for municipal purposes.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.188. Selling Surplus Water

Sec. 51.188.  SELLING SURPLUS WATER.  The district may sell any surplus district water for use in irrigation or for domestic or commercial uses to any person who owns or uses land in the vicinity of the district or to other districts which include land in the same vicinity.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.189. Pumping Water to Another District

Sec. 51.189.  PUMPING WATER TO ANOTHER DISTRICT.  If the board considers it advisable, it may contract to pump for or supply another district any water in which the other district has a right.  The board shall provide the terms of the contract.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.190. Obtaining Topographic Maps and Data

Sec. 51.190.  OBTAINING TOPOGRAPHIC MAPS AND DATA.  The executive director shall furnish to a district topographic maps and data concerning all projects for the control of floods undertaken by the district and all projects for the storage of water or creation of reservoirs undertaken by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.194. Sale of Property Not Acquired to Carry Out the Plans of the District

Sec. 51.194.  SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE PLANS OF THE DISTRICT.  The board may sell property bid in by it at any sale under foreclosure of its tax lien or of its lien for charges or assessments, or any property acquired by it other than for the purpose of carrying out the plans of the district, without formally determining that the property is not required to carry out the plans of the district, without giving notice of the intent of the district to sell the property, and without applying the proceeds of the sale as provided in Section 51.192 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.195. Prohibited Charges and Fees

Sec. 51.195.  PROHIBITED CHARGES AND FEES.  (a)  In this section, "undeveloped property" means property within the district to which water or sewer services are actually available and to which no water or sewer connections have been made.
(b)  Except as provided in Subsection (c) of this section, no district in which the ratio of the assessed valuation of property to the amount of bonded indebtedness of the district is at least 15 to 1, proposing to provide or actually providing water and sewer services or either of these services to household users as the principal function of the district, may adopt and impose on the owners of undeveloped property in the district a charge or fee on the undeveloped property that is in addition to taxes levied on that property.
(c)  If the board of directors of a district covered by this section desires to adopt and impose a charge or fee prohibited by Subsection (b) of this section, it shall submit to the commission a petition for authority to adopt and impose the charge or fee.  If the commission finds that it will be in the best interest of the district and property owners of the district, the commission shall approve the adoption and imposition of the charge or fee for a period of not more than three years.  The imposition of a charge or fee may be renewed for additional periods of three years in the manner provided in this section for initial approval of the charge or fee.
Added by Acts 1979, 66th Leg., p. 437, ch. 198, Sec. 1, eff. Jan. 1, 1980.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.196. Development of Underground Water by Certain Districts

Sec. 51.196.  DEVELOPMENT OF UNDERGROUND WATER BY CERTAIN DISTRICTS.  A conservation and reclamation district created by special law under the authority of Section 59, Article XVI, Texas Constitution, and designated as a municipal water district to which the administrative and taxing provisions applicable to districts governed by this chapter apply, may develop or otherwise acquire underground sources of water, notwithstanding a provision in that district's special law otherwise prohibiting the development of acquisition of underground water.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.45, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter E. Election Provisions › Section 51.221. Eligibility to Vote: Maverick County Water Control and Improvement District No

Sec. 51.221.  ELIGIBILITY TO VOTE:  MAVERICK COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1.  (a)  In this section, "district" means the Maverick County Water Control and Improvement District No. 1.
(b)  A person is eligible to vote in an election conducted by the district if the person:
(1)  is 18 years of age or older;
(2)  is a United States citizen;
(3)  is an individual who holds title to or an interest in title to irrigable farmland or ranch land within the boundaries of the district;  and
(4)  receives and uses irrigation water delivered by the district by and through the district's canal system.
(c)  A person eligible to vote under Subsection (b) must register with the district not later than the 30th day before the date of a district election in order to vote in that district election.  The district shall file with the county clerk of Maverick County a certified copy of the list of the district's registered voters not later than the 25th day before the date of each district election.
Added by Acts 2001, 77th Leg., ch. 60, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter F. Enforcement › Section 51.241. Penalty for Violation of Regulation

Sec. 51.241.  PENALTY FOR VIOLATION OF REGULATION.  A person who violates a regulation adopted by a district under this chapter or other law commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 27, eff. June 17, 2001.  Renumbered from Water Code Sec. 51.221 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(149), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.301. Statement Estimating Water Requirements and Payment of Charge

Sec. 51.301.  STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT OF CHARGE.  (a)  If required by the board, each person who desires to receive irrigation water at any time during the year shall furnish the secretary of the board a written statement of the acreage the person intends to irrigate and the different crops the person intends to plant with the acreage of each crop.
(b)  At the time the acreage estimate is furnished to the secretary, each person applying for water shall pay the portion of the water charge or assessment set by the board.
(c)  If a person does not furnish the statement of estimated acreage or does not pay the part of the water charge or assessment set by the board before the date for fixing the assessment, the district is not obligated to furnish water to that person during that year.
Acts 1971, 62nd Leg., p. 324, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.302. Contracts With Person Using Irrigation Water

Sec. 51.302.  CONTRACTS WITH PERSON USING IRRIGATION WATER.  (a)  The board may require each person who desires to use irrigation water during the year to enter into a contract with the district which states the acreage to be irrigated, the crops to be planted, the amount to be paid for the water, and the terms of payment.
(b)  If a person irrigates more acreage than the person's contract specifies, the person shall pay for the additional service.
(c)  The directors also may require a person using irrigation water to execute a negotiable note or notes for all or part of the amount owed under the contract.
(d)  The contract is not a waiver of the lien given to the district under Section 51.309 against the crops of a person using irrigation water for the service furnished to the person.
Acts 1971, 62nd Leg., p. 324, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.303. Authority to Determine Rules and Regulations

Sec. 51.303.  AUTHORITY TO DETERMINE RULES AND REGULATIONS.  The board may adopt, alter, and rescind rules, regulations, and standing and temporary orders which do not conflict with the provisions of this subchapter and which govern:
(1)  methods, terms, and conditions of water service;
(2)  applications for water;
(3)  assessments, charges, fees, rentals, or deposits for maintenance and operation;
(4)  payment and the enforcement of payment of the assessments, charges, fees, rentals, or deposits;
(5)  furnishing irrigation water to persons who did not apply for it before the date of assessment if required; and
(6)  furnishing water to persons who wish to take water for irrigation in excess of their original applications or for use on land not covered by their original applications if required.
Acts 1971, 62nd Leg., p. 325, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.304. Board's Estimate of Maintenance and Operating Expenses

Sec. 51.304.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING EXPENSES.  The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and operating the district's water delivery system for the next 12 months.  The board may change the 12-month period for which it estimates the expenses of maintaining and operating the water delivery system by estimating such expenses for a shorter period so as to adjust to a new fixed date and thereafter estimating the expenses for 12-month periods following the adjusted fixed date.
Acts 1971, 62nd Leg., p. 325, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.305. Distribution of Assessment

Sec. 51.305.  DISTRIBUTION OF ASSESSMENT.  (a)  The board by order shall allocate a portion of the estimated maintenance and operating expenses that shall be paid by assessment against all land in the district to which the district can furnish irrigation water through its water delivery system or through an extension of its water delivery system.  This assessment shall be levied against all irrigable land in the district on a per acre basis, whether or not the land is actually irrigated.
(b)   The board shall determine from year to year the proportionate amount of the expenses which will be borne by all water users receiving water delivery from the district.
(c)  The remainder of the estimated expenses shall be paid by assessments, charges, fees, rentals, or deposits required of persons in the district who use or who make application to use water.  The board shall prorate the remainder among the applicants for irrigation water and may consider:
(1)  the acreage each applicant will plant, the crop the applicant will grow, and the amount of water per acre used for irrigation purposes; and
(2)  other factors deemed appropriate by the board with respect to water used for other nonirrigation uses.
(d)  A landowner of irrigable land in the district or a user of water delivered by the district for any purpose other than irrigation who disputes all or a part of a board order that determines the amount of an assessment, charge, fee, rental, or deposit may file a petition under Section 11.041.  That petition filed with the commission is the sole remedy available to a landowner or user of water described by this subsection.
Acts 1971, 62nd Leg., p. 325, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, Sec. 12, eff. May 31, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.306. Notice of Assessments

Sec. 51.306.  NOTICE OF ASSESSMENTS.  (a)  Public notice of all assessments imposed under Section 51.305(a) shall be given by posting printed notice of the assessment in at least one public place in the district.
(b)  Not later than the fifth day before the date on which the assessment is due, notice shall be mailed to each landowner at the address which the landowner shall furnish to the board.
(c)  Notice of special assessments shall be given within 10 days after the assessment is levied.
Acts 1971, 62nd Leg., p. 325, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.307. Payment of Assessments

Sec. 51.307.  PAYMENT OF ASSESSMENTS.  (a)  All assessments imposed under Section 51.305(a) shall be paid in installments at the times fixed by the board.
(b)  If a crop for which water was furnished by the district is harvested before the due date of any installment payment, the entire unpaid assessment becomes due at once and shall be paid within 10 days after the crop is harvested and before the crop is removed from the county or counties in which it was grown.
Acts 1971, 62nd Leg., p. 325, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.308. Collection of Assessments by Tax Assessor and Collector

Sec. 51.308.  COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND COLLECTOR.  (a)  Under the direction of the board, the assessor and collector, or other person designated by the board, shall collect all assessments imposed under Section 51.305(a) for maintenance and operating expenses.
(b)  The assessor and collector shall execute a bond in an amount determined by the board, conditioned on the faithful performance of the duties of the assessor and collector and accounting for all money collected.
(c)  The assessor and collector shall keep an account of all money collected and shall deposit the money as collected in the district depository.  The assessor and collector shall file with the secretary of the board a statement of all money collected once each month.
(d)  The assessor and collector shall use a duplicate receipt book, give a receipt for each collection made, and retain in the book a copy of each receipt, which shall be kept as a record of the district.
Acts 1971, 62nd Leg., p. 326, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.309. Lien Against Crops

Sec. 51.309.  LIEN AGAINST CROPS.  (a) The district shall have a first lien, superior to all other liens, against all crops grown on a tract of land in the district to secure the payment of an assessment imposed against the tract under Section 51.305(a), interest, and collection or attorney's fees.
(b)  If the crops against which the district has a lien under this section are cultivated on a basis other than annual replanting, the owner of the crops shall record with the county clerk of the county where the land on which the crops are cultivated is located a legally sufficient description of the land, including a metes and bounds description or a plat reference.
Acts 1971, 62nd Leg., p. 326, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.310. List of Delinquent Assessments

Sec. 51.310.  LIST OF DELINQUENT ASSESSMENTS.  Assessments imposed under Section 51.305(a) not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall keep posted in a public place in the district a correct list of all persons who are delinquent in paying assessments.  If a person who owes an assessment has executed a note and contract as provided in Section 51.302, the person may not be placed on the delinquent list until after the maturity of the note and contract.
Acts 1971, 62nd Leg., p. 326, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.311. Water Service Discontinued

Sec. 51.311.  WATER SERVICE DISCONTINUED.  (a)  If a landowner fails or refuses to pay a water assessment or a person fails to pay a charge, fee, rental, or deposit imposed under this chapter or Chapter 49 when due, the landowner's or person's water supply shall be cut off, and no water may be furnished to the land until all back assessments or other amounts owed to the district are fully paid.  The discontinuance of water service is binding on all persons who own or acquire an interest in land for which assessments or other amounts owed to the district are due.
(b)  A landowner or person whose water service has been discontinued under Subsection (a) may request that the board reconsider the discontinuance related to a charge, fee, rental, deposit, or penalty, and may not request that the board reconsider a discontinuance related to an assessment.  If the board declines to reconsider the discontinuance, the landowner or person may file a petition under Section 11.041.  That petition filed with the commission is the sole remedy available to a landowner or person described by this subsection.
Acts 1971, 62nd Leg., p. 326, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.312. Suits for Delinquent Assessments

Sec. 51.312.  SUITS FOR DELINQUENT ASSESSMENTS.  Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the district is located or in the county in which the defendant resides.  All landowners are personally liable for assessments imposed under Section 51.305(a).
Acts 1971, 62nd Leg., p. 326, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.313. Interest and Collection Fees

Sec. 51.313.  INTEREST AND COLLECTION FEES.  (a)  All assessments imposed under Section 51.305(a) shall bear interest from the date payment is due at the rate of 15 percent a year.  Assessments not paid by the first day of the month following the date payment is due are delinquent, and a penalty of up to 15 percent of the amount of the past-due assessment shall be added to the amount due.
(b)  If suit is filed to foreclose a lien on crops or if a delinquent assessment is collected by an attorney before or after suit, an additional amount of 15 percent on the unpaid assessment, penalty, and interest shall be added as collection or attorney's fees.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1995, 74th Leg., ch. 346, Sec. 1, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 789, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 14, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.314. Rights of the United States

Sec. 51.314.  RIGHTS OF THE UNITED STATES.  (a)  If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to enforce payment of charges due to the United States.  The federal reclamation laws shall also apply.
(b)  The directors shall distribute and apportion all water acquired by the district under a contract with the United States in accordance with acts of Congress, rules and regulations of the secretary of the interior, and provisions of the contract.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.315. Surplus Assessments

Sec. 51.315.  SURPLUS ASSESSMENTS.  If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to the next year.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.316. Insufficient Assessments

Sec. 51.316.  INSUFFICIENT ASSESSMENTS.  If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed pro rata, in accordance with the assessments made for the current year.  The additional assessments shall be paid under the same conditions and penalties within 30 days after the date of assessment.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.317. Determining Maintenance and Operation Charges

Sec. 51.317.  DETERMINING MAINTENANCE AND OPERATION CHARGES.  The board may make, establish, and collect maintenance and operation charges for service on the basis of the quantity of water furnished or appropriate measure of the service rendered.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.318. Charges for Maintenance Expenses

Sec. 51.318.  CHARGES FOR MAINTENANCE EXPENSES.  (a)  If maintenance charges are based on the quantity of water used, a fixed minimum charge may be made on all land, water connections, or other service entitled to receive and use water.  An additional charge may be made for the use of more water than that covered by the minimum charge.
(b)  The board may install proper measuring devices or require that they be installed.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.319. Charge to Cities and Towns

Sec. 51.319.  CHARGE TO CITIES AND TOWNS.  If a district includes a city or town or contracts with a city or town to supply water to it, the charge for the use of the water and the time and manner of payment shall be determined by the board or fixed by the contract made with the board.
Acts 1971, 62nd Leg., p. 327, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.320. Loans for Maintenance and Operating Expenses

Sec. 51.320.  LOANS FOR MAINTENANCE AND OPERATING EXPENSES.  The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may pledge as security any of its notes or contracts with water users or accounts against them.
Acts 1971, 62nd Leg., p. 328, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter G. Water Charges and Assessments › Section 51.321. Water Service: Refused

Sec. 51.321.  WATER SERVICE:  REFUSED.  The board may refuse water service to any person who refuses to pay the charges and assessments for water service or who fails or refuses to pay any taxes levied against his property after six months from the date the taxes become delinquent.
Acts 1971, 62nd Leg., p. 328, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.331. Authority to Dispose of Waste and Control Storm Water

Sec. 51.331.  AUTHORITY TO DISPOSE OF WASTE AND CONTROL STORM WATER.  (a)  A district may include in its purposes and plans all improvements, facilities, plants, equipment, and appliances incident to or helpful or necessary to the collection, transportation, processing, disposal, and control of all domestic, industrial, or communal wastes, whether fluids, solids, or composites, and to gather, conduct, divert, and control local storm water or other local harmful excesses of water.
(b)  The district may use any mechanical or chemical means or processes incident, necessary, or helpful to accomplish these purposes, and to conserve and promote the public health and welfare, and to protect, effect, or restore the purity and sanitary condition of the state's water.
Acts 1971, 62nd Leg., p. 328, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.332. Increasing District's Powers

Sec. 51.332.  INCREASING DISTRICT'S POWERS.  (a)  A district operating under the provisions of this chapter which did not at the time of its creation have the powers provided in Section 51.331 of this code may assume the additional powers in the same manner and by the same procedures as provided in this subchapter, except that it is not necessary to hold an election to confirm the order establishing the district's increased powers.
(b)  The board may not issue a money obligation to finance the increased functions, facilities, and powers until after the electors of the district have authorized it by a constitutional and statutory majority vote as provided by this chapter to control the issuance of preliminary bonds or construction bonds as the proposal may require.
Acts 1971, 62nd Leg., p. 328, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.333. Approval of Petition Creating District

Sec. 51.333.  APPROVAL OF PETITION CREATING DISTRICT.  (a)  The commission shall hear and determine the petition to create a district to exercise the powers and functions provided in Section 51.331 of this code.
(b)  The commission shall hear and determine the petition under the applicable provisions of Sections 51.027-51.031 of this code.
(c)  The executive director shall render technical aid concerning the petition and plans of the district.
(d)  Nothing in this section impairs the right of the commissioners court to grant a petition under the provisions of Section 51.021 of this code relating to a district to be located wholly in one county if the district will not have the powers provided in Section 51.331 of this code.
Acts 1971, 62nd Leg., p. 328, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 980, ch. 367, Sec. 17, eff. June 10, 1981;  Acts 1995, 74th Leg., ch. 76, Sec. 11.322, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.334. Election Provisions

Sec. 51.334.  ELECTION PROVISIONS.  The provisions of Sections 51.035-51.037 of this code shall not apply to an election to create a district to exercise the powers provided in Section 51.331 of this code.
Acts 1971, 62nd Leg., p. 329, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.335. Other Governmental Agencies Included

Sec. 51.335.  OTHER GOVERNMENTAL AGENCIES INCLUDED.  (a)  A district proposing to exercise the powers and to perform the functions provided in this subchapter may include any part of areas already included within the boundaries of any political subdivision, governmental agency, or body politic of the state.
(b)  The district shall not usurp functions or duplicate a service already adequately exercised or rendered by the other governmental agency except:
(1)  under a valid contract with the other governmental agency; or
(2)  as provided by Subsection (c).
(c)  The district may finance, develop, and maintain recreational facilities under Subchapter N, Chapter 49, even if similar facilities may be provided by a political subdivision or other governmental entity included wholly or partly in the district.
Acts 1971, 62nd Leg., p. 329, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 25, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.336. Additional Land

Sec. 51.336.  ADDITIONAL LAND.  Additional defined areas may be added to the district in the manner provided in this subchapter for creation of a district.
Acts 1971, 62nd Leg., p. 329, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.337. Powers of District

Sec. 51.337.  POWERS OF DISTRICT.  The district has all the powers and rights of procedure, financing, construction, maintenance, rehabilitation, operation, and administration conferred by Article XVI, Section 59, of the Texas Constitution, and by this chapter.
Acts 1971, 62nd Leg., p. 329, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter H. Waste Disposal and Control of Storm Water › Section 51.338. Rules, Regulations, and Charges

Sec. 51.338.  RULES, REGULATIONS, AND CHARGES.  (a)  The district may adopt and enforce reasonable rules, regulations, and specific charges, fees, or rentals, in addition to taxes, for providing any district facility or service.
(b)  The board shall publish a copy of the adopted orders and regulations once a week for two consecutive weeks in one or more newspapers with general circulation in the district and record the adopted orders and regulations in full in the minutes of the district.
(c)  After the required publication and recording, the police power of the district, as provided in this chapter, may be exercised to enforce the intent of the orders, and the district may discontinue a facility or service to prevent an abuse or to enforce payment of a due and unpaid charge, fee, or rental, including taxes that are due and have remained unpaid for at least six months on the date of the discontinuance.
Acts 1971, 62nd Leg., p. 329, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1989, 71st Leg., ch. 502, Sec. 1, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 1218, Sec. 5, eff. Aug. 28, 1989.