reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter O. Dissolution of District › Section 58.800. Issuance and Sale of Dissolution Bonds

Sec. 58.800.  ISSUANCE AND SALE OF DISSOLUTION BONDS.  (a)  If a majority of the electors at the election vote in favor of the dissolution of the district and the issuance of bonds and the levy of taxes for the payment of the bonds, the board shall issue and sell the bonds or any part of them.  The bonds shall be known as "dissolution bonds."
(b)  The board may deliver the dissolution bonds or any part of them in satisfaction of the valid, enforceable indebtedness of the district for which the bonds are issued, or in payment of expenses incurred or to be incurred in connection with the dissolution of the district, or in payment of services rendered or to be rendered to the district.
(c)  The dissolution bonds shall be:
(1)  serially numbered, commencing with the first maturities;
(2)  issued in the name of the district;
(3)  signed by the president;  and
(4)  attested by the secretary, with the seal of the district attached.
(d)  The board shall determine the maturities of the bonds not to exceed seven years from their date, the denominations of the bonds, and the interest.
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 O. Dissolution of District › Section 58.801. Destroying Unsold Bonds

Sec. 58.801.  DESTROYING UNSOLD BONDS.  If a majority of the electors at the election vote in favor of the dissolution of the district, the board shall destroy all unsold bonds of the district and enter an order cancelling all unissued and unsold bonds authorized by the electors.  After the destruction and the entry of the order, the bonds shall have no further force or effect.
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 O. Dissolution of District › Section 58.802. Board's Authority to Contract

Sec. 58.802.  BOARD'S AUTHORITY TO CONTRACT.  The board may contract with trustees, engineers, attorneys, and others it considers necessary or desirable to properly liquidate and wind up the affairs of the district.  The board also may assume obligations made by others for the benefit of the district, or from which the district benefited, which in its judgment may be fair and equitable.
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 O. Dissolution of District › Section 58.803. Tax to Pay Dissolution Bonds

Sec. 58.803.  TAX TO PAY DISSOLUTION BONDS.  The order issuing the dissolution bonds shall provide that the principal of and interest on the bonds shall be payable from the proceeds of a tax to be levied on the taxable property located in the district.  The tax shall be in an amount sufficient for the payment of the principal and interest.
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 O. Dissolution of District › Section 58.804. Determining Amount of Tax

Sec. 58.804.  DETERMINING AMOUNT OF TAX.  (a)  The value of all of the taxable property of the district shall be taken at the assessed value, and an amount equal to the total of the principal and all interest to maturity on the bonds voted plus the estimated cost of collection of taxes shall be assessed against the taxable property of the district on the ad valorem basis.
(b)  The tax against the taxable property of each owner shall be that portion of the total principal and interest of the dissolution bonds and costs of collection which the assessed value of the taxable property of the owner bears to the total assessed values in the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter O. Dissolution of District › Section 58.805. Payment of Tax

Sec. 58.805.  PAYMENT OF TAX.  The amount of the tax on the taxable property of each owner shall be payable in equal annual installments, during the period in which the bonds mature, on dates specified in the order issuing the bonds.
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 O. Dissolution of District › Section 58.806. Advance Payment of Taxes in Cash

Sec. 58.806.  ADVANCE PAYMENT OF TAXES IN CASH.  The order issuing the bonds shall provide that a property owner may secure release of the entire amount of his taxable property as assessed on the rolls from the tax levied for the dissolution bonds by the payment in cash of the full amount of tax.
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 O. Dissolution of District › Section 58.807. Computing Amount of Advance Cash Payment

Sec. 58.807.  COMPUTING AMOUNT OF ADVANCE CASH PAYMENT.  (a)  In order to compute the full amount of an advance cash payment, the interest rate on the bonds shall be applied on an annual basis to each unpaid installment of taxes for the number of years the installment of taxes must run before being due.  The total of the items computed shall be deducted from the face amount of the unpaid installment of taxes.
(b)  In order to compute the full amount of an advance cash payment, the interest rate on the bonds shall be applied on an annual basis to each unpaid past-due installment of taxes for the number of years the installment has been past due, and 10 percent of the face amount of each installment that is past due shall be added as a penalty.  The total of the items computed shall be added to the unpaid installments.
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 O. Dissolution of District › Section 58.808. Surrender of Bonds in Payment of Taxes

Sec. 58.808.  SURRENDER OF BONDS IN PAYMENT OF TAXES.  The order issuing the bonds shall provide that any of the bonds with all unmatured interest and all appurtenant coupons may be surrendered at any time in payment of all unpaid installments of the taxes.  The amount of taxes found to be due by the method provided in Section 58.809 of this code may be discharged by the surrender of the proper amount of dissolution bonds, together with all unpaid appurtenant interest coupons at the face value of the bonds and coupons.
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 O. Dissolution of District › Section 58.809. Computing Amount of Payment Made by Surrendering Bonds

Sec. 58.809.  COMPUTING AMOUNT OF PAYMENT MADE BY SURRENDERING BONDS.  (a)  In order to compute payment by surrendering bonds, the interest rate on the bonds shall be applied on an annual basis to each unpaid installment of taxes for the number of years the installment must run before being due.  The total of the items computed shall be deducted from the face amount of the unpaid installments of taxes.
(b)  In order to compute payment by surrendering bonds, the interest rate on the bonds shall be applied to each unpaid installment of taxes for the number of years the installment has been past due and 10 percent of the face amount of each installment of taxes that is past due shall be added as penalty.  The total of the items computed shall be added to the face amount of each unpaid installment of taxes.
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 O. Dissolution of District › Section 58.810. Use by Trustee of Advance Payments of Tax

Sec. 58.810.  USE BY TRUSTEE OF ADVANCE PAYMENTS OF TAX.  The order issuing the bonds shall provide that the bonds shall be called and redeemed by the trustee in the inverse order of their maturity and in the inverse order of their serial numbers.  They shall be paid out of any funds received in advance payment of taxes that are not required for meeting any past-due and unpaid principal and interest or the next maturing installment of principal and interest.
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 O. Dissolution of District › Section 58.811. Approval and Registration of Dissolution Bonds

Sec. 58.811.  APPROVAL AND REGISTRATION OF DISSOLUTION BONDS.  After the dissolution bonds are issued by the board and before they are put in circulation, the bonds, at the option of the board, shall either be submitted to and approved by the attorney general and registered by the comptroller as provided in Sections 58.446-58.448 of this code or be validated by suit as provided in Sections 58.453-58.461 of this code.  The provisions of these sections of this code which are not inconsistent with the provisions of this subchapter are applicable to the dissolution bonds provided for in this subchapter.
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 O. Dissolution of District › Section 58.812. Preparing Tax Roll

Sec. 58.812.  PREPARING TAX ROLL.  Before the issuance and delivery of the bonds, a tax roll shall be prepared in the manner provided by the Property Tax Code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter O. Dissolution of District › Section 58.814. Notice of Meeting as Board of Equalization

Sec. 58.814.  NOTICE OF MEETING AS BOARD OF EQUALIZATION.  (a)  After the tax roll has been filed for at least five days, the board shall publish a notice once a week for two consecutive weeks in a newspaper with general circulation in the county or counties in which any part of the district is located.  The first publication shall be at least 14 days before the meeting of the board of equalization.
(b)  The notice shall call attention to the filing of the tax roll and the name and place or places where the tax roll is filed and available for inspection, and shall notify all interested persons of the time and place of the meeting of the board for the purpose of acting as a board of equalization to examine, correct, equalize, appraise, and approve the valuations of the taxable property of the district and improvements on taxable property as set forth in the tax roll.
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 O. Dissolution of District › Section 58.815. Meeting as Board of Equalization

Sec. 58.815.  MEETING AS BOARD OF EQUALIZATION.  At the time and place stated in the notice, the board shall meet and examine the tax roll.  The board shall equalize as nearly as possible the value of all property for taxation and fix the value of all property for taxation.
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 O. Dissolution of District › Section 58.816. Authority and Procedure as Board of Equalization

Sec. 58.816.  AUTHORITY AND PROCEDURE AS BOARD OF EQUALIZATION.  (a)  Any interested person may appear at the meeting and offer evidence for or against any matter being considered by the board of equalization.  The board may send for persons and papers, and may administer oaths to persons who testify before the board, and may ascertain the full true value of all property subject to taxation.
(b)  The board may lower or raise the valuation of all property listed on the tax roll and place property on the roll which did not appear on it.  The board shall correct any errors of assessment and equalize the value of property appearing on the roll.
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 O. Dissolution of District › Section 58.817. Approving Tax Roll

Sec. 58.817.  APPROVING TAX ROLL.  After the board of equalization finally fixes the valuation of all taxable property in the district and the tax roll of the district is finally prepared, the board shall meet and consider the tax roll, make all necessary corrections in the tax roll, and endorse its approval on the roll.
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 O. Dissolution of District › Section 58.818. Approved Tax Roll Not Subject to Revision

Sec. 58.818.  APPROVED TAX ROLL NOT SUBJECT TO REVISION.  The action of the board in finally approving the tax roll is final and is not subject to revision by the board or any other tribunal.
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 O. Dissolution of District › Section 58.820. Collection of Dissolution Taxes

Sec. 58.820.  COLLECTION OF DISSOLUTION TAXES.  The county assessor and collector shall collect the taxes shown on the tax roll on the land located in the county for which he is assessor and collector.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter O. Dissolution of District › Section 58.821. Appointment of Trustee

Sec. 58.821.  APPOINTMENT OF TRUSTEE.  (a)  Before the issuance and delivery of dissolution bonds, the board shall appoint a trustee of the funds to be collected from the taxes.  The trustee shall be an individual or a bank or trust company in the county or one of the counties in which the district is located.
(b)  The board may determine the powers, rights, duties, liabilities, and other matters relating to the trusteeship and the appointment of successor trustees which the board considers proper to effectuate the purpose of the trusteeship.
(c)  The board may determine the bond to be given by the trustee and the amount to be paid to the trustee from the funds collected from the taxes.
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 O. Dissolution of District › Section 58.822. Authority of the Trustee

Sec. 58.822.  AUTHORITY OF THE TRUSTEE.  The trustee shall receive from the assessor and collector all proceeds from the assessments less the assessor and collector's charges and shall be the paying agent of the district for the bonds.  The bonds shall be payable at the place of business of the trustee.  The trustee shall be authorized by the order providing for the issuance of the bonds to institute suits in the name of the district for the use and benefit of the holders of the bonds and to apply all sums of money recovered in the suits to the payment of the bonds.
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 O. Dissolution of District › Section 58.825. Default in Payment of Tax Installment

Sec. 58.825.  DEFAULT IN PAYMENT OF TAX INSTALLMENT.  (a)  Default in the payment of an installment of taxes levied for the payment of dissolution bonds for 60 days after the installment becomes due and payable as provided by the board shall, at the option of the board or the trustee, immediately mature the remaining installments and cause the entire amount of the taxes to immediately become due and payable.
(b)  The trustee shall bring suit for the collection of the entire amount of the taxes and for the foreclosure of the lien securing the payment of the taxes.
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 O. Dissolution of District › Section 58.826. Penalty and Attorney's Fee

Sec. 58.826.  PENALTY AND ATTORNEY'S FEE.  (a)  A penalty of 10 percent of the unpaid amount of taxes shall accrue immediately on default of payment of taxes after the 60 days.
(b)  An attorney's fee of 10 percent of the unpaid amount of the taxes is due and payable immediately on institution of suit for collection and foreclosure.
(c)  The penalty and attorney's fee shall be recovered in the suit and shall constitute an addition to the taxes and shall be secured by the tax lien.
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 O. Dissolution of District › Section 58.827. Discharge of Lien

Sec. 58.827.  DISCHARGE OF LIEN.  (a)  On the final payment of the taxes, either the assessor and collector or the trustee shall issue a certificate certifying that the taxes have been fully satisfied and the lien is released.
(b)  The execution and acknowledgment of the certificate and the recording of the certificate in the deed records of the county in which the property is located shall be full and conclusive evidence of the discharge of the taxes and liens.
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 O. Dissolution of District › Section 58.828. District Considered Dissolved

Sec. 58.828.  DISTRICT CONSIDERED DISSOLVED.  (a)  On the issuance and sale or delivery of the dissolution bonds and the appointment and qualification of the trustee, the secretary shall deposit all available existing records of the district in the office of the county clerk of the county or one of the counties in which the district is located.
(b)  The district immediately is considered dissolved for all purposes, except that the taxes levied against the taxable property may be enforced in the name of the district on behalf of the bondholders by the trustee or his successors.  The surviving board may meet from time to time until the dissolution bonds are paid and discharged and may delegate its powers and give instructions to the trustee or his successors as the board sees fit and circumstances warrant.  After the payment of all dissolution bonds, interest, and costs of collection the board shall be dissolved.
(c)  The board or the trustee if the board transfers the duty to the trustee shall give notice to the county clerk that all dissolution bonds, interest, and costs of collection have been paid.  The clerk shall notify the director and librarian of the Texas State Library and arrange for the transfer of the records of the district to the custody of the Texas State Library and Archives Commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 75, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter O. Dissolution of District › Section 58.829. Dissolution of District in Counties of Less Than 11,000 Population

Sec. 58.829.  DISSOLUTION OF DISTRICT IN COUNTIES OF LESS THAN 11,000 POPULATION.  Subject to the provisions of Sections 50.251-50.256 of this code, a district located entirely in a county having a population of less than 11,000, according to the last preceding federal census, may be abolished by a majority vote of those entitled to vote and voting at an election held for the purpose of determining whether or not the district should be dissolved.
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 O. Dissolution of District › Section 58.830. Petition for Dissolution of District

Sec. 58.830.  PETITION FOR DISSOLUTION OF DISTRICT.  A petition for the dissolution of the district shall be filed with the board and shall state the name of the district and the purpose for which the election is requested.  The petition may refer to the order establishing the district for boundaries, limits, and area of 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 O. Dissolution of District › Section 58.831. Signatures on Petition

Sec. 58.831.  SIGNATURES ON PETITION.  A petition for dissolution of the district may be signed and filed in two or more copies.  The petition shall be signed by a majority in number of the property owners with land in the district and the property owners of a majority in value of the land in the district, as shown by the tax rolls of the district, or 50 landowners if the number of landowners in the district is more than 50.
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 O. Dissolution of District › Section 58.832. Procedure for Holding Election

Sec. 58.832.  PROCEDURE FOR HOLDING ELECTION.  (a)  An election to determine whether or not the district shall be dissolved shall be held in accordance with the provisions of Subchapter E of this chapter.
(b)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "The dissolution of district."
(c)  The returns of the election shall be canvassed and the result declared by the board.  The board shall enter an order in its minutes declaring the result of the election, which order shall be made and entered in accordance with Section 58.034 of this code.  The order shall be filed in the office of the county clerk and recorded in the deed records of the county as provided in Section 58.034 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 O. Dissolution of District › Section 58.833. Election in District Including City, Town, or Municipal Corporation

Sec. 58.833.  ELECTION IN DISTRICT INCLUDING CITY, TOWN, OR MUNICIPAL CORPORATION.  In an election to dissolve a district in which a city, town, or municipal corporation is located, the city, town, or municipal corporation shall be a separate voting precinct, and the ballots cast in the city, town, or municipal corporation shall be counted and canvassed to show the result of the election there.  If the city, town, or municipal corporation votes against the dissolution of the district and the balance of the district votes for the dissolution of the district, the district shall be dissolved.
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 O. Dissolution of District › Section 58.834. Subsequent Election

Sec. 58.834.  SUBSEQUENT ELECTION.  If the proposition to dissolve the district fails to carry at the election held for that purpose, no other election for the same purpose shall be held within one year after the date of the election.
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 O. Dissolution of District › Section 58.835. District Dissolved

Sec. 58.835.  DISTRICT DISSOLVED.  If a majority of those voting at the election vote in favor of dissolving the district, the district shall be dissolved and shall have no further authority after the election, except that any debts incurred shall be paid and the organization shall be maintained until all the debts are paid.
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 O. Dissolution of District › Section 58.836. Taxes to Pay Indebtedness After Dissolution

Sec. 58.836.  TAXES TO PAY INDEBTEDNESS AFTER DISSOLUTION.  If a district has outstanding bonds or other indebtedness maturing beyond the current year in which the dissolution occurs, the commissioners court of the county in which the district is located shall levy and have collected, as county taxes are assessed and collected, sufficient taxes on all taxable property in the district to pay the principal of and interest on the bonds and other indebtedness when due.
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 59 - Regional Districts › Subchapter A. District Creation › Section 59.001. Purpose and Application

Sec. 59.001.  PURPOSE AND APPLICATION.  (a)  The purpose of this chapter is to authorize creation and operation of regional districts for water, sanitary sewer, drainage, and municipal solid waste disposal under Section 59, Article XVI, Texas Constitution.
(b)  This chapter applies only in counties with a population of at least 3.3 million or bordering a county with a population of at least 3.3 million.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 149, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter A. District Creation › Section 59.002. Definitions

Sec. 59.002.  DEFINITIONS.  (a)  In this chapter:
(1)  "District" means a district created or operating under this chapter.
(2)  "Municipal district" means a district created under general law or a special Act operating under Chapter 51, 53, or 54.
(3)  "Bond" means bonds, coupons, notes, or any other evidence of indebtedness.
(b)  Other terms not defined by this chapter have the same meaning assigned to those terms by Section 49.001.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter A. District Creation › Section 59.003. Creation of District

Sec. 59.003.  CREATION OF DISTRICT.  (a)  A district may be created by:
(1)  The boards of at least 20 percent of the total number of municipal districts to be included in the proposed district may jointly petition the commission for creation of a district.  The petition must describe the territory to be included in the district and must include resolutions endorsing creation of the district adopted by each municipal district to be included in the district.
(2)  The owner or owners of 2,000 or more contiguous acres may petition the commission for creation of a district.
(3)  The commissioners courts of one or more counties may petition the commission for creation of a district in any territory within the county.
(4)  The governing body of any city may petition the commission for creation of a district in any territory within the city or its extraterritorial jurisdiction.
(b)  Petitions for the creation of a district must:
(1)  describe the boundaries of the proposed district by metes and bounds that adequately and completely circumscribe the property so that there is complete closure of the property or by lot and block numbers if there is a recorded map or plat or subdivision survey of the area;
(2)  state the general nature of the work proposed to be done, the necessity of the work, and the cost of any projects of the district as estimated by those filing the petition;
(3)  state the name of each petitioner;  and
(4)  include a name of the district generally descriptive of the locale of the district followed by the words "Regional District."
(c)  A proposed district may not have the same name as any other district in the state.
(d)  Section 54.013 applies to the composition of districts created under this chapter.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter A. District Creation › Section 59.004. Purposes of District

Sec. 59.004.  PURPOSES OF DISTRICT.  A district shall be created:
(1)  to purchase, own, hold, lease, and otherwise acquire sources of water supply;
(2)  to build, operate, and maintain facilities for the transportation of water;
(3)  to sell water to cities, to political subdivisions of this state, to water supply corporations, to private business entities, and to individuals;
(4)  to purchase, own, hold, lease, and otherwise acquire equipment and mechanisms necessary for sanitary sewer and wastewater treatment;
(5)  to build, operate, and maintain facilities for sanitary sewer and wastewater treatment;
(6)  to transport and treat sanitary sewer and wastewater effluent of cities and political subdivisions of this state and for private business entities or individuals;
(7)  to purchase, own, hold, lease, and otherwise acquire equipment and mechanisms for the drainage of storm water and floodwater;  and
(8)  for the purposes outlined in Section 54.012.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter A. District Creation › Section 59.005. Matching Funds Guarantees

Sec. 59.005.  MATCHING FUNDS GUARANTEES.  If the Texas Water Development Board requires that matching funds be provided as a condition for receiving a loan or grant from the Texas Water Development Board from research and planning funds, the matching funds may not be provided through a guarantee of matching funds by any individual who has a financial interest in the regional district or who will receive any direct financial benefit from a regional district project.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter A. District Creation › Section 59.006. Consent of City

Sec. 59.006.  CONSENT OF CITY.  (a)  Land in the corporate limits of a city or in the extraterritorial jurisdiction of a city may not be included in a district unless the city grants its written consent by resolution or ordinance to the inclusion of the land in the district.
(b)  If the governing body of a city fails or refuses to grant permission for the inclusion of land in its extraterritorial jurisdiction in a district within 120 days after receipt of a written request, the person or entity desiring to create the district may petition the governing body of the city to make available the water, sewer, or drainage service contemplated to be provided by the district.
(c)  Failure of the governing body of the city and the requesting district to execute a mutually agreeable contract providing for the service requested within six months after receipt of a request for consent constitutes authorization for the inclusion of land in the district under this section.  Authorization for the inclusion of the land in the district under this section means only authorization to initiate proceedings to include the land in the district as otherwise provided by this chapter.
(d)  Sections 54.016(e), (f), (g), and (h) apply under this chapter.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter A. District Creation › Section 59.007. Granting or Refusing Petition; Exclusion of Territory

Sec. 59.007.  GRANTING OR REFUSING PETITION;  EXCLUSION OF TERRITORY.  (a)  If the commission finds after considering the petition that the petition conforms to the requirements of this chapter and that the creation of the district would be of benefit to the territory to be included in the district, the commission shall issue an order granting the petition for creation.  If the commission finds that part of the territory included in the proposed district will not benefit from the creation of the district, the commission shall exclude that territory from the proposed district and redefine the proposed district's boundaries accordingly.
(b)  If the commission finds that the petition does not conform to the requirements of this chapter or that the proposed projects are not of benefit to the territory in the proposed district, the commission shall issue an order either denying the petition or requiring petitioners to amend their petition.
(c)  A copy of the order of the commission granting or denying a petition shall be mailed to each city having extraterritorial jurisdiction in the county or counties in which the district is to be located that has requested notice of hearings as provided by Section 54.019.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 39, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter B. Administrative Provisions › Section 59.021. Directors

Sec. 59.021.  DIRECTORS.  (a)  The commission shall appoint temporary directors who shall serve until permanent directors are elected.
(b)  A petition requesting creation filed in accordance with Section 59.006 may provide that directors be elected by precinct as provided by Subsection (h).
(c)  The board of directors is composed of five members unless the petition requesting creation of the district requests and the commission approves a board that consists of seven members.
(d)  Permanent directors shall be elected in accordance with Chapter 49.
(e)  If the petition for creation has requested the election of seven directors as provided by Subsection (c), unless otherwise agreed, the three directors elected who received the fewest number of votes, whether their election is by precinct or at large, shall serve until the next directors election following the confirmation election and the four who received the highest number of votes shall serve until the second directors election after the confirmation election.
(f)  After the creation of the district, the persons or entities that petitioned for creation or 50 qualified voters of the district may file a petition with the commission requesting to expand the district's board to seven members.  If the commission grants the petition, the commission shall appoint two temporary directors.  One temporary director shall serve until the next directors election and one shall serve until the next succeeding directors election.  At each election one director shall be elected to serve for a four-year term.
(g)  If the board of directors of the district is expanded to seven members, four directors shall constitute a quorum and a concurrence of four directors is necessary in all matters pertaining to the business of the district.
(h)  A petition for the creation of a district may request that the board be elected to represent a geographic area.  If the petition requesting creation of the district is granted, the commission shall establish precincts from which the directors are to be elected.  In establishing the precincts the commission shall attempt to have directors represent geographic areas with equal numbers of people and shall comply with the federal Voting Rights Act of 1965 (42 U.S.C. Sections 1971, 1973 et seq.).  Thereafter, the board of directors of the district shall revise the precincts from time to time to cause them to comply with the provisions of this subsection.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter B. Administrative Provisions › Section 59.022. Ability to Set Rates

Sec. 59.022.  ABILITY TO SET RATES.  The district may charge rates to persons and entities located outside the district's boundaries on terms, rates, and charges the board of directors may determine to be advisable.  In setting rates for out-of-district customers, the board shall set rates sufficient to enable it to meet operation and maintenance expenses and to pay the principal of and interest on debt issued in connection with providing service and to provide a reasonable reserve for replacements to the district.  In setting rates, the district may take into consideration past operation and debt service expenses.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter B. Administrative Provisions › Section 59.023. Issuance of Bonds

Sec. 59.023.  ISSUANCE OF BONDS.  The district may issue bonds for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, and appliances needed to accomplish the purposes of the district, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, storm sewer system, solid waste disposal system, and parks and recreational facilities.  Prior to issuing bonds or other obligations, a confirmation election must be held in accordance with Chapter 49, and a majority of voters must approve the establishment of the district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter B. Administrative Provisions › Section 59.024. Exclusion of Certain Municipal Districts

Sec. 59.024.  EXCLUSION OF CERTAIN MUNICIPAL DISTRICTS.  (a)  A municipal district may be excluded from the district as provided by this section.
(b)  To be excluded, the board of directors of the municipal district may adopt a resolution requesting exclusion by a majority vote of its board of directors and shall file the petition with the directors of the proposed district before the first confirmation election.
(c)  At the time of the district's confirmation election, a separate voting precinct shall be used for the qualified voters in each municipal district that has filed a petition requesting exclusion.  The votes in each precinct shall be tallied separately to determine whether that municipal district will be excluded from the district boundaries.
(d)  If a majority of the votes cast in a municipal district requesting exclusion vote against confirmation of the district, the votes cast in the confirmation election shall not be counted for the confirmation election, bond election, or maintenance tax election, and that municipal district must be excluded from the boundaries of the district by the board of directors of the district at the time the results of the election are canvassed.
(e)  After a confirmation election at which the district is authorized to be created, the board of directors of the district shall adopt an order redefining the boundaries of the district to exclude those municipal districts petitioning for exclusion that have voted not to confirm creation of the district.
(f)  Before the creation hearing, any municipal district located within the proposed district may petition the commission for a separate voting precinct to be used within the boundaries of the petitioning district at the time of the district's confirmation election.  If the commission grants the petition requesting a separate voting precinct, Subsections (c) through (e) apply.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter B. Administrative Provisions › Section 59.025. Confirmation Election

Sec. 59.025.  CONFIRMATION ELECTION.  (a)  Before a district may be created pursuant to a petition granted by the commission, a confirmation election must be held within the boundaries of the proposed district.
(b)  The directors appointed by the commission shall call and hold the confirmation election in the manner provided for conducting elections under Chapter 49.  The provisions of those sections relating to a directors election do not apply to an election held under this section.
(c)  If the creation of the district is defeated, subsequent confirmation elections may not be held to confirm the creation of the district.
(d)  A bond election, maintenance tax election, and any other election may be held at the same time and in conjunction with a confirmation election.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter C. Adding or Excluding Territory; Dissolution › Section 59.051. Adding Land by Petition of Less Than All Landowners

Sec. 59.051.  ADDING LAND BY PETITION OF LESS THAN ALL LANDOWNERS.  In addition to the method of adding land to a district described in Section 59.052, defined areas of land, regardless of whether they are contiguous to the district, may be annexed to the district in the manner provided in Chapter 49.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter C. Adding or Excluding Territory; Dissolution › Section 59.052. Filing of Petition

Sec. 59.052.  FILING OF PETITION.  A petition requesting the annexation of a defined area that is signed by a majority in value of the owners of land in the defined area, as shown by the tax rolls of the county or counties in which that area is located, that is signed by 50 landowners if the number of landowners is more than 50, that is signed by the single landowner of 2,000 or more acres of land in the area, or that is signed by a majority of the governing body of a municipal district, a county, or a city requesting annexation shall be filed with the secretary of the board.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter C. Adding or Excluding Territory; Dissolution › Section 59.053. Dissolution of District Before Issuance of Bonds

Sec. 59.053.  DISSOLUTION OF DISTRICT BEFORE ISSUANCE OF BONDS.  (a)  If the board considers it advisable before the issuance of any bonds, the board may dissolve the district and liquidate the affairs of the district as provided by Sections 54.734 through 54.738.
(b)  If a majority of the board finds at any time before the authorization of bonds that the proposed district and its proposed activities are for any reason impracticable or apparently cannot be successfully and beneficially accomplished, the board may issue notice of a hearing on a proposal to dissolve the district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter C. Adding or Excluding Territory; Dissolution › Section 59.054. Judicial Review of Board's Order

Sec. 59.054.  JUDICIAL REVIEW OF BOARD'S ORDER.  The board's order to dissolve the district may be judicially reviewed as provided in Chapter 49.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter D. Miscellaneous › Section 59.071. Annexation or Incorporation by City

Sec. 59.071.  ANNEXATION OR INCORPORATION BY CITY.  (a)  If a city annexes all or any part of the territory within a district, or incorporates all or any part of any territory within a district, the city shall succeed to the powers, duties, assets, and obligations of the district as provided by this chapter.
(b)  On annexation of any part of the territory of a district by a city or incorporation by a city of any part of the territory of a district, the city shall assume a pro rata share of all debt of the district payable in whole or in part by ad valorem taxes incurred for water, sewer, or drainage purposes or any combination of the three purposes.  The percentage of the assumption shall be determined by multiplying the total debt of the district payable in whole or in part from taxes incurred for the stated purposes by a fraction, the numerator of which is the assessed value of the property to be annexed or incorporated based on the most recent certified county property tax rolls at the time of annexation or incorporation and the denominator of which is the total assessed value of the property of the district based on the most recent certified county property tax rolls at the time of annexation or incorporation.
(c)  After annexation by a city of a portion of the territory of a district or incorporation over any part of the territory of a district, the district may not levy taxes on that territory, and the territory is no longer considered a part of the district for any purpose.
(d)  If any district's debt payable in whole or in part from ad valorem taxes is assumed by a city, the governing body of the city shall levy and cause to be collected taxes on all taxable property within the city or provide other funds sufficient to pay the city's pro rata share of the principal of and interest on that debt as it becomes due and payable.
(e)  If a city annexes or incorporates the entire territory of the district, the district shall be dissolved in accordance with Sections 43.074, 43.075, and 43.081, Local Government Code, if the district is located in one city or Sections 43.076 through 43.079, Local Government Code, if the district is located in more than one city.
(f)  Section 43.071, Local Government Code, does not apply to the annexation of a district created pursuant to this chapter.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 59 - Regional Districts › Subchapter D. Miscellaneous › Section 59.072. Other Laws

Sec. 59.072.  OTHER LAWS.  (a)  This chapter prevails over any other law in conflict with or inconsistent with this chapter.
(b)  Except as specifically provided by this chapter, Chapter 49 and Sections 54.018, 54.019(a), (b), (c), and (d), 54.020, 54.021, 54.023, 54.024, 54.201, 54.205, 54.207, 54.208, 54.502 through 54.505, 54.507(b) and (c), 54.510 through 54.512, 54.514, 54.515, 54.518, 54.520, 54.521, 54.601 through 54.604, and 54.735 through 54.737 apply under this chapter.
(c)  Section 54.019(e) does not apply to a district governed by this chapter.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995.