reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 61 - Article Iii, Section 52, Navigation Districts › Subchapter G. Bond and Tax Provisions › Section 61.238. Additional Bond Issue

Sec. 61.238.  ADDITIONAL BOND ISSUE.  (a)  If the proceeds of the original bonds are insufficient to complete the proposed improvements or construction, or if the commission decides to undertake further construction or improvements or requires additional funds with which to maintain the existing improvements, it shall certify to the commissioners court the necessity for an additional bond issue, stating:
(1)  the amount required;
(2)  the purpose of the additional bonds;
(3)  the rate of interest on the bonds;  and
(4)  the term of the bonds.
(b)  The commissioners court, on receipt of this information, shall issue the bonds, unless the amount previously authorized has been exhausted, in which case the commissioners court shall first order an election on the issuance of the bonds to be held inside the district at the earliest possible legal time.
(c)  The ballots for the issuance of additional bonds shall be printed to provide for voting for or against the proposition:  "The issuance of bonds and the levy of a tax to pay for the bonds."
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 61 - Article Iii, Section 52, Navigation Districts › Subchapter G. Bond and Tax Provisions › Section 61.239. Sinking Fund Investments

Sec. 61.239.  SINKING FUND INVESTMENTS.  The commissioners court may invest the sinking fund in county, municipal, district, or other bonds approved by the attorney general.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter A. General Provisions › Section 62.001. Definitions

Sec. 62.001.  DEFINITIONS.  As used in this chapter:
(1)  "District" means a navigation district operating under the provisions of Article XVI, Section 59, of the Texas Constitution.
(2)  "Commission" means the navigation and canal commission.
(3)  "Commissioner" means a navigation and canal commissioner.
(4)  "Board" means the navigation board.
(5)  "County of jurisdiction" means the county in which the district or the greater amount of acreage of the district is located.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.021. Creation of District

Sec. 62.021.  CREATION OF DISTRICT.  A navigation district may be created in the manner prescribed by this subchapter under Article XVI, Section 59, of the Texas Constitution.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.022. Composition

Sec. 62.022.  COMPOSITION.  A district may include within its boundaries all or part of villages, towns, cities, road districts, drainage districts, irrigation districts, levee districts, other improvement districts, and municipal corporations of any kind but may not include the territory of more than three counties or parts of three counties.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.023. Petition

Sec. 62.023.  PETITION.  (a)  Any person may present a petition to the commissioners court in the county of jurisdiction, at a regular or special session, requesting the creation of a district.
(b)  The petition shall be signed by 25 of the property taxpaying electors who reside inside the boundaries of the proposed district.  If there are less than 75 property taxpaying electors who reside inside the boundaries of the proposed district, the petition shall be signed by one-third of them.
(c)  The petition shall include:
(1)  a request that the district be created;
(2)  the boundaries of the district accompanied by a map;
(3)  the general nature of the proposed improvements;
(4)  an estimate of the probable cost of the improvements;  and
(5)  the name of the district, which shall include the name of the county.
(d)  The petition shall be accompanied by an affidavit of the petitioners' qualifications.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.024. Deposit

Sec. 62.024.  DEPOSIT.  At the time the petition is filed with the commissioners court, the petitioner shall deposit $500 in cash with the clerk of the commissioners court.  The clerk shall keep the deposit until after the result of the election to create the district is declared and entered in the record by the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.025. Date of Hearing

Sec. 62.025.  DATE OF HEARING.  (a)  On presentation of the petition, the commissioners court of the county of jurisdiction shall set it for a hearing at the regular term of the commissioners court or at a special session called for that purpose.  The hearing shall be held not less than 30 nor more than 60 days from the day the petition is presented.
(b)  If the hearing is required by Section 62.026 of this code, to be held by the navigation board, the commissioners court shall set the hearing at the regular meeting place of the commissioners court not less than 30 nor more than 60 days from the day the petition is presented without reference to any term of the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.026. Hearing Before the Board

Sec. 62.026.  HEARING BEFORE THE BOARD.  If the boundaries of a proposed district include all or part of a city or cities acting under special charter granted by the legislature, the hearing on the petition shall be held before the board.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.027. Notice of Hearing

Sec. 62.027.  NOTICE OF HEARING.  (a)  The commissioners court shall order the clerk to post a copy of the petition together with the order of the commissioners court in five public places in the county, one of which shall be the courthouse door and four of which shall be in different places inside the limits of the proposed district.  The notice shall be posted not less than 20 days before the time set for the hearing.
(b)  If the district is composed of more than one county, a copy of the petition together with the order shall be posted at the courthouse door of each county in which any portion of the proposed district is located, and four copies shall be posted at four other places inside the included territory of each county.
(c)  The clerk shall receive $1 as compensation for posting each notice and five cents a mile for each mile necessarily traveled in posting the notices.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.028. Hearing on Petition

Sec. 62.028.  HEARING ON PETITION.  (a)  The commissioners court or the board has exclusive jurisdiction to hear and determine all contests and objections and other matters relating to creating a district and in all subsequent proceedings.
(b)  Any person who has taxable property in the proposed district or who may be affected by the creation of the district may appear at the hearing and contest or support the creation of the district, offer testimony for or against the boundaries, show that the proposed improvements would or would not be of any public utility and would or would not be practicable and feasible, present evidence of the probable cost of the improvements, or present any other matter relating to the district.
(c)  The commissioners court or navigation board may adjourn the hearing from day to day, and judgments or decisions rendered by the commissioners court or the board are final except as otherwise provided by this chapter.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.029. Findings

Sec. 62.029.  FINDINGS.  (a)  If the commissioners court or the board finds that the improvements would be feasible and practicable and would be a public benefit and utility and approves the boundaries as set out in the petition, it shall compute the amount of money necessary for the improvements and all incidental expenses and shall determine whether to issue bonds for the full amount or for a smaller amount in the first instance.
(b)  The commissioners court or the board shall specify:
(1)  the amount of bonds to be issued;
(2)  the length of time the bonds will run;  and
(3)  the rate of interest.
(c)  The findings and specifications together with a map of the district shall be recorded in the minutes of the commissioners court or the board.
(d)  If the commissioners court or the board does not approve the proposed boundaries of the district, it shall define the boundaries it considers correct.  Before any change is made in the boundaries of the proposed district, notice shall be given and a hearing held as provided in Sections 62.027 and 62.028 of this code.
(e)  If the commissioners court or the board finds that the improvements are unnecessary and would not be practicable or feasible and would not be a public benefit or utility, it shall enter these findings in the minutes and shall dismiss the petition at the cost of the petitioners.  However, the dismissal of a petition does not prevent or conclude the presentation of a similar petition at a later date.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.030. Election Order

Sec. 62.030.  ELECTION ORDER.  (a)  If the commissioners court or the board finds in favor of the petitioners for the creation of the district, the commissioners court of the county of jurisdiction shall order an election to be held inside the proposed district at the earliest legal time.
(b)  The order of the court shall provide for submitting to the electors residing in the proposed district the question of whether or not the district will be created and whether or not proposed bonds will be issued and a tax levied sufficient to pay the interest and provide a sinking fund sufficient to redeem the bonds at maturity.
(c)  The order shall specify:
(1)  the amount of bonds to be issued;
(2)  the length of time the bonds will run;  and
(3)  the rate of interest.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.031. Notice of Election

Sec. 62.031.  NOTICE OF ELECTION.  (a)  The clerk of the commissioners court shall prepare notice of the election and shall post the notice for 30 days before the day set for the election.
(b)  The notice shall be posted in the same places specified in Section 62.027 of this code.
(c)  The notice shall state:
(1)  the time and place of holding the election;
(2)  the proposition to be voted on;  and
(3)  the purpose for which the bonds are to be issued and the amount of the bonds.
(d)  The notice shall contain a copy of the order of the court ordering the election.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.032. Ballot

Sec. 62.032.  BALLOT.  The ballot shall be printed to provide for voting for or against the proposition:  "The creation of the navigation district and the issuance of bonds and levy of a tax for the payment of the bonds."
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.033. Conduct of Election

Sec. 62.033.  CONDUCT OF ELECTION.  (a)  The commissioners court shall issue an order creating and defining the voting precincts in the proposed district and shall name polling places within the precincts.  In designating the polling places, the commissioners court shall take into consideration the convenience of the voters in the proposed district.
(b)  The commissioners court shall select and appoint the judges and other necessary officers of election.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.034. Canvass of Returns

Sec. 62.034.  CANVASS OF RETURNS.  (a)  Immediately after the election, the election officers shall make returns of the result and return the ballot boxes to the clerk of the commissioners court of jurisdiction.
(b)  The clerk shall deliver the boxes and the returns of the election to the commissioners court of jurisdiction at its next regular or special session.
(c)  At that session, the commissioners court shall canvass the returns of the election.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.035. Declaration of Result

Sec. 62.035.  DECLARATION OF RESULT.  If a majority of the votes favor creating the district, issuing bonds, and levying a tax, the commissioners court shall declare the result and enter it in the minutes of the commissioners court as follows:
"Commissioners court of ____________________ County, Texas.  __________ term A.D. __________, in the matter of the petition of __________ and __________ others requesting the creation of a navigation district, issuance of bonds, and levy of a tax in the petition described and designated by the name of ____________________ Navigation District.  Be it known that at an election called for that purpose in the district, held on the ______ day of ______ A.D. ______, a majority of the electors voting voted in favor of the creation of the navigation district, the issuance of bonds, and the levy of a tax.  Now, therefore, it is considered and ordered by the commissioners court that the navigation district, be and the same is hereby established by the name of __________ Navigation District, and that bonds of the district in the amount of $______ be issued, and a tax of ______ cents on the $100 valuation, or so much thereof as may be necessary to be levied upon all property within the navigation district, whether real, personal, mixed, or otherwise, sufficient in amount to pay the interest on the bonds and provide a sinking fund to redeem that at maturity, and that if the tax shall at any time become insufficient for these purposes it shall be increased until it is sufficient.  The metes and bounds of the district are as follows:  (Give metes and bounds)."
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter B. Creation of District › Section 62.036. Expenses

Sec. 62.036.  EXPENSES.  (a)  If the result of the election favors the creation of the district, the clerk shall return the $500 deposit required by Section 62.024 of this code to the signers of the original petition, their agents or their attorney.
(b)  If the result of the election is against the creation of the district, the clerk shall pay out of the $500 deposit on vouchers signed by the county judge, all costs and expenses relating to the proposed district up to and including the election.  The balance, if any, of the $500 shall be returned to the signers of the original petition, their agents, or their attorney.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.061. Navigation Board

Sec. 62.061.  NAVIGATION BOARD.  (a)  The navigation board shall include the members of the commissioners court and the mayor and aldermen or commissioners of the included city or cities acting under special charter granted by the legislature.  If there is only one city or part of one city acting under special charter granted by the legislature inside the proposed district and if the charter of the city at any time authorizes the city council or city board of commissioners to be greater in number than the members of the commissioners court, the number of aldermen or city commissioners who are entitled to sit and vote as members of the board along with the mayor will be limited to that number which equals the number of members of the commissioners court.  The aldermen or city commissioners entitled to act as members of the board shall be determined by the members of the city council or city board of commissioners among themselves.
(b)  The county judge, and in his absence the mayor, shall preside at meetings of the board and each member of the board, including the presiding officer, is entitled to a vote.
(c)  A majority of the members of the board constitute a quorum, and action of a majority of the quorum shall control.
(d)  The county clerk shall enter the proceedings of the board in a book kept for that purpose, and the book shall be available for public inspection.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.062. Appointment of Initial Commissioners

Sec. 62.062.  APPOINTMENT OF INITIAL COMMISSIONERS.  (a)  After the creation of the district, the commissioners court or board shall appoint three navigation and canal commissioners who shall compose the navigation and canal commission.
(b)  After the initial commissioners on the navigation and canal commission complete their terms, subsequent commissioners shall be elected.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.063. Election of Commissioners

Sec. 62.063.  ELECTION OF COMMISSIONERS.  (a)  Commissioners shall be elected on the second Saturday in July of each odd-numbered year at an election ordered by the commission.
(b)  The secretary of the commission shall give notice of the election by posting at least three copies of the notice at three public places inside the district or by publishing the notice for 20 days before the election in a newspaper with general circulation in 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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.0631. Appointment of Commissioners

Sec. 62.0631.  APPOINTMENT OF COMMISSIONERS.  (a)  Instead of electing commissioners as provided in Section 62.063 of this code, the commissioners court or board may appoint three navigation and canal commissioners to serve on the commission.
(b)  The commissioners shall hold office for a term of two years and until their successors are appointed and have qualified.
(c)  Commissioners may be removed from office by a majority of the commissioners court or the board for malfeasance or nonfeasance in office.
(d)  Successors to members of the commission shall be appointed by a majority vote of the commissioners court or the board.
Added by Acts 1971, 62nd Leg., p. 1771, ch. 518, Sec. 18, eff. May 31, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.064. Qualifications of Commissioners

Sec. 62.064.  QUALIFICATIONS OF COMMISSIONERS.  Each person who is appointed or elected commissioner shall be a resident of the proposed navigation district and shall be an elector of the county.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.065. Term of Office

Sec. 62.065.  TERM OF OFFICE.  Commissioners shall hold office for staggered terms of six years and until their successors are elected and have qualified.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.066. Vacancies

Sec. 62.066.  VACANCIES.  (a)  A vacancy on the commission shall be filled by the remaining members of the commission.
(b)  If two or more vacancies on the commission occur at the same time, a special election may be called on petition signed by 50 electors.
(c)  Notice of the election shall be given by publishing or posting notice for at least 20 days before the election.
(d)  The petition for the election shall include the names of the judges and clerks of the election, and the judges and clerks shall jointly canvass the returns, declare the result, and issue certificates of election to the successful candidates.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.067. Removal From Office

Sec. 62.067.  REMOVAL FROM OFFICE.  (a)  A commissioner may be removed from office for malfeasance or nonfeasance in office by unanimous vote of the commissioners court or the board after a hearing held according to law.
(b)  Appeal from a judgment of removal may be taken to a district court of the county in which the commissioner resides.  The court shall try the case de novo.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.068. Oath of Commissioners

Sec. 62.068.  OATH OF COMMISSIONERS.  (a)  Before each commissioner begins to perform his duties, he shall take and subscribe before the county judge of the county of jurisdiction an oath to discharge faithfully the duties of his office without favor or partiality and to render a true account of his activities to the commissioners court of the county of jurisdiction or the board whenever required to do so.
(b)  The oath shall be filed by the clerk of the commissioners court and preserved as part of the records 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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.069. Bond of Commissioners

Sec. 62.069.  BOND OF COMMISSIONERS.  Before a commissioner begins to perform his duties, he shall execute a good and sufficient bond for $1,000, payable to the county judge of the county of jurisdiction for the use and benefit of the district and conditioned on the faithful performance of his duties.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.070. Compensation of Commissioners

Sec. 62.070.  COMPENSATION OF COMMISSIONERS.  Each commissioner shall receive for his services the compensation determined by the commissioners court of the county of jurisdiction.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.071. Organization of Commission

Sec. 62.071.  ORGANIZATION OF COMMISSION.  (a)  The commission shall organize by electing one of the members chairman and one secretary.
(b)  Two of the commissioners constitute a quorum.  A concurrence of two is sufficient in all matters relating to the business 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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.072. Two-County Districts; Appointment of Commission

Sec. 62.072.  TWO-COUNTY DISTRICTS;  APPOINTMENT OF COMMISSION.  (a)  In a district composed of land in two or more counties, the commissioners court of the county of jurisdiction by a majority vote shall appoint one commissioner.  The commissioners court of the other county included in whole or in part within the district shall appoint by a majority vote a second commissioner.  The two commissioners courts shall appoint the third commissioner at a joint meeting of the two commissioners courts called and presided over by the county judge of the county of jurisdiction.
(b)  Notice in writing of the joint meeting of commissioners courts shall be given by mail or delivered in person at least two days before the day set for the meeting.
(c)  Each of the county judges and county commissioners composing the commissioners courts of both counties shall be entitled to one vote in appointing the third commissioner.  A majority vote of those present at the meeting shall be sufficient to make the appointment.
(d)  On the termination of the term of office of each commissioner or in case of vacancy, a successor shall be appointed by the same commissioners court which appointed the commissioner whose place is being filled.
(e)  Except for the matters expressly provided for in this section, two-county districts are subject to all other provisions of this subchapter.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.0725. Executive Director

Sec. 62.0725.  EXECUTIVE DIRECTOR.  (a)  The commission may employ an executive director of the district.  If the commission employs an executive director, the commission must prescribe the duties and compensation of the executive director.
(b)  By rule, order, or resolution, the commission may delegate to an executive director the full authority necessary to manage the affairs of the district subject only to orders of the commission, including the authority to:
(1)  employ persons necessary for the operation of the district and to determine the compensation of those persons; or
(2)  perform any act on behalf of the district, as authorized by the commission.
(c)  The duties of an executive director may be performed by a general manager or chief executive officer.
Added by Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 1, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.073. District Treasurer

Sec. 62.073.  DISTRICT TREASURER.  The county treasurer of the county of jurisdiction shall be treasurer 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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.074. Treasurer's Bond

Sec. 62.074.  TREASURER'S BOND.  (a)  The county treasurer shall execute a good and sufficient bond, payable to the commissioners, in an amount equal to twice the amount of funds he will hold at any time as treasurer of the district.  The commissioners shall estimate the sum to be used as a basis for computing the amount of the required bond.  The bond shall be conditioned for the faithful performance by the treasurer of his duties for the district and must be approved by the commissioners.
(b)  When any bonds are voted by the district, the county treasurer, before receiving the proceeds from the sale of the bonds, shall execute an additional good and sufficient bond, payable to the commissioners, in an amount which is twice the amount of bonds issued.  This additional bond shall be conditioned and approved in the same manner as the first but shall not be required after the treasurer has disbursed the proceeds of the bond issue.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.075. Treasurer's Compensation

Sec. 62.075.  TREASURER'S COMPENSATION.  The county treasurer shall be allowed as compensation for his services as treasurer of the district the amount determined by the commissioners.  The compensation may not exceed the percentage authorized by law for his services as county treasurer.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.077. Counsel

Sec. 62.077.  COUNSEL.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 18(2), eff. May 22, 2019.
(b)  The commission may employ counsel to represent the district in the preparation of any contract, to conduct any proceedings in or out of court, and to be the legal adviser of the commission on such terms as may be agreed upon by the commission.
(c)  The fees of counsel shall be determined by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 2, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 3, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 18(2), eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter C. Administrative Provisions › Section 62.078. Suits; Judicial Notice

Sec. 62.078.  SUITS;  JUDICIAL NOTICE.  (a)  A district established under this chapter may, by and through the commission, sue and be sued in all courts of this state in the name of the district.
(b)  All courts of this state shall take judicial notice of the establishment of all districts.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.101. Purposes of District

Sec. 62.101.  PURPOSES OF DISTRICT.  A district may be created under this chapter to provide, in or adjacent to its boundaries, for:
(1)  the improvement, preservation, and conservation of inland and coastal water for navigation;
(2)  the control and distribution of storm water and floodwater of rivers and streams in aid of navigation;  and
(3)  any other purposes necessary or incidental to the navigation of inland and coastal water or in aid of these purposes, as stated in Article XVI, Section 59, of the Texas Constitution.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.102. Districts as Governmental Agencies

Sec. 62.102.  DISTRICTS AS GOVERNMENTAL AGENCIES.  All districts created under this chapter shall be governmental agencies and bodies politic and corporate with the powers of government and with the authority to exercise the rights, privileges, and functions which are essential to the accomplishment of those 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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.103. Duties of County Officials

Sec. 62.103.  DUTIES OF COUNTY OFFICIALS.  The powers and duties conferred by this chapter on the county judge, members of the commissioners court, the mayor and aldermen or commissioners of cities, the county clerk, and other officers are made a part of the legal duty of those officials.  Unless otherwise provided in this chapter, these persons shall exercise and perform these powers and duties without additional compensation.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.104. Duties of District Engineer

Sec. 62.104.  DUTIES OF DISTRICT ENGINEER.  It shall be the duty of the district engineer:
(1)  to make all necessary surveys, examinations, investigations, maps, plans, and drawings with reference to proposed improvements;
(2)  to make estimates of the cost of proposed improvements;
(3)  to supervise the work of improvement;  and
(4)  to perform all duties which may be required of him by the commission.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.105. Right-of-Way

Sec. 62.105.  RIGHT-OF-WAY.  The commission may by gift, grant, purchase, or condemnation acquire the necessary right-of-way and property of any kind for all necessary improvements contemplated by this chapter.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.106. Condemnation Proceedings

Sec. 62.106.  CONDEMNATION PROCEEDINGS.  (a)  The district may exercise the power of eminent domain to condemn and acquire the right-of-way over and through any and all public and private land necessary:
(1)  for the improvement of any river, bay, creek, or stream;
(2)  for the construction and maintenance of any canal or waterway;  and
(3)  for any and all purposes authorized by this chapter.
(b)  Condemnation proceedings instituted under Subsection (a) of this section shall be instituted under the direction of the commission and in the name of the district.  The assessment of damages shall be in conformity with the laws of the State of Texas for condemnation and acquisition of rights-of-way by railroads.
(c)  No appeal from the finding and assessment of damages by the commissioners shall have the effect of causing a suspension of work by the commission in prosecuting the work of improvement in all of its details.
(d)  No right-of-way may be condemned through any part of an incorporated city or town without the consent of the lawful authorities of that city or town.
(e)  A district created under this chapter may elect to take advantage of the condemnation procedure provided in Chapter 21, Property Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 4, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.107. Acquisition and Conveyance of Land

Sec. 62.107.  ACQUISITION AND CONVEYANCE OF LAND.  (a)  Any district created under this chapter may acquire by gift, purchase, or condemnation and may own land adjacent or accessible by road, rail, or water to the navigable water and ports developed by it which may be necessary or required for any and all purposes incident to or necessary for the development and operation of the navigable water or ports within the district, or may be necessary or required for or in aid of the development of industries and businesses on the land.
(b)  The district may lease and grant easements on any part of the acquired land to any person and may charge for the lease or easement reasonable tolls, rents, fees, or other charges.  The lease or easement may be on terms and conditions considered appropriate or advantageous to the district.  The district may use the proceeds both for the maintenance and operation of the business of the district and for the purpose of making the district self-supporting and financially solvent and returning the construction costs of the improvements within a reasonable period.
(c)  The acquisition and leasing of land for the purposes included in this section and the operation and industrial and business development of ports and waterways are a public purpose and a matter of public necessity.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 19, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 15, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.1071. Acquisition of Land, Equipment, or Improvements in Certain Counties

Sec. 62.1071.  ACQUISITION OF LAND, EQUIPMENT, OR IMPROVEMENTS IN CERTAIN COUNTIES.  (a)  This section applies only to a district that has a county of jurisdiction with a population of more than 2.8 million.
(b)  A district may acquire, by any means except by condemnation, and own land, equipment, or improvements located in a county that is adjacent to the district's county of jurisdiction if the commission considers the land, equipment, or improvements:
(1)  necessary, required, or convenient for any purpose necessary or incident to the development and operation of navigable water or a port located in the district's county of jurisdiction or a county adjacent to that county;  or
(2)  may be in aid of, or necessary, required, or convenient for, the development of industries and businesses on the land in the county of jurisdiction or a county adjacent to that county.
(c)  Notwithstanding any other law or municipal charter, a district may acquire, and any public or private owner may dispose of, land, equipment, or improvements on any terms to which the commission and the property owner agree.
(d)  If in connection with an acquisition or disposition of land, equipment, or improvements under this section the governing body of a municipality decides to discontinue operations of a port, as a utility of the municipality or otherwise, the acquisition or disposition of the land, equipment, or improvements may not be completed until a majority of the qualified voters of the municipality voting at an election called and held for that purpose approve of the discontinuance of the operations.
(e)  The commissioners may change the name of the district in connection with the acquisition of land, equipment, or improvements under this section.
(f)  Notwithstanding the source of the revenue, a district that acquires land, equipment, or improvements under this section may use or pledge to the payment of obligations of the district for the development of any district facility, regardless of the location of the facility, any revenue of the district, except as provided by Section 62.209.
(g)  Section 41.001(a), Election Code, does not apply to an election held under this section.
(h)  Except as provided by this section, an election held under this section must be conducted as provided by the Election Code.
Added by Acts 1999, 76th Leg., ch. 504, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.1072. Additional Commissioners for Acquisitions From Certain Municipalities

Sec. 62.1072.  ADDITIONAL COMMISSIONERS FOR ACQUISITIONS FROM CERTAIN MUNICIPALITIES.  (a)  A district that acquires land, equipment, or improvements under Section 62.1071 from a municipality with a population of more than 35,000 that operates navigation and port facilities and that is located in a county adjacent to the county of jurisdiction may add positions for members of the commission, as determined by the commission.  Not more than two positions may be added to the commission under this section.
(b)  The governing body of the municipality in which the acquired land, equipment, or improvements are located shall appoint the additional commissioners.
(c)  Commissioners serving in the positions added under Subsection (a) shall serve terms that are consistent with the law governing the terms of the other commissioners.
Added by Acts 1999, 76th Leg., ch. 504, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.108. Entry on Property

Sec. 62.108.  ENTRY ON PROPERTY.  The commissioners and the engineers of a district together with all necessary teams, help, tools, and instruments may go on any land inside the district to examine the land and to make plans, surveys, maps, and profiles without subjecting themselves to the action of trespass.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.109. Bids

Sec. 62.109.  BIDS.  (a)  Any person, corporation, or firm which desires to bid on the construction of any work advertised under Section 62.110 of this code shall, on application to the commission, be furnished the survey, plans, and estimates for the work.
(b)  All bids or offers for the work shall be in writing, sealed, and delivered to the chairman of the commission together with a certified check for at least five percent of the total amount of the bid.
(c)  If a bid is accepted but the bidder refuses to enter into a proper contract, the deposit required by Subsection (b) of this section shall be forfeited to the district.
(d)  Any and all bids may be rejected at the discretion of the commission.
(e)  A district may take advantage of the bid procedure in Sections 63.168-63.170 of this code by passing a simple resolution and entering it in its minutes.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.110. Notice of Bids

Sec. 62.110.  NOTICE OF BIDS.  Notice that a contract is to be awarded shall be given by publishing notice once a week for two consecutive weeks in one or more newspapers with general circulation in the state and by posting notice for at least 14 days in five public places in the county of jurisdiction, one of which shall be the courthouse door and at least two of which shall be inside the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 805, ch. 299, Sec. 2, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.111. Award of Contract

Sec. 62.111.  AWARD OF CONTRACT.  (a)  All contracts for improvements, except those carried out and performed by the government of the United States, shall be awarded by the commission to the lowest and best responsible bidder.
(b)  Nothing in this section shall prevent the making of more than one improvement.  Where more than one improvement is to be made, a contract may be awarded separately for each improvement or one contract may be awarded for all the improvements.
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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.112. Interest in Contracts

Sec. 62.112.  INTEREST IN CONTRACTS.  No county judge or county commissioner of any county in a district, board member, or district engineer may be directly or indirectly interested for himself or as agent for another in a contract for the construction of work to be performed 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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.113. Form of Contracts

Sec. 62.113.  FORM OF CONTRACTS.  All contracts made by the district shall be in writing and signed by the contractors, the executive director of the district, an authorized representative of the executive director, or a person to whom the duties of executive director have been delegated.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 10, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 4, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.114. Bond of Contractor

Sec. 62.114.  BOND OF CONTRACTOR.  (a)  The party, firm, or corporation to whom a contract is awarded under Section 62.111 of this code shall execute a bond, payable to the commission, for twice the amount of the contract price, conditioned on faithful performance of the obligations, agreements, and covenants of the contract and that in default of the performance he will pay to the district all damages sustained by reason of the default.
(b)  The bond shall be approved by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.