reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.115. Supervision of Work

Sec. 62.115.  SUPERVISION OF WORK.  (a)  Unless done under the supervision of the United States, all work contracted for by the district shall be done under the supervision of a representative of the district.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 18(3), eff. May 22, 2019.
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. 5, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 6, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 18(3), 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 62.116. Inspection of Work; Payment

Sec. 62.116.  INSPECTION OF WORK;  PAYMENT.  (a)  A representative of the district shall inspect the progress of work being done under a contract, and on completion of the contract, the district's chief financial officer shall draw a warrant on the county treasurer or issue a check payable to the contractor or the contractor's assignee for the amount of the contract price.  The warrant or check shall be paid out of the construction and maintenance fund or the operating fund of the district.
(b)  If the district considers it advisable, the district may contract for work to be paid for in partial payments as the work progresses.   The amount of work completed at the time of the partial payment shall be shown by a certificate of a representative of the district.
(c)  Nothing in this section shall affect the provisions of this chapter providing for the construction of any improvements by the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, Sec. 16, eff. May 31, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 7, 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 62.117. Annual Report

Sec. 62.117.  ANNUAL REPORT.  (a)  The commission shall make an annual report of its official acts and file it with the clerk of the commissioners court on or before January 1 of each year.
(b)  The report shall include in detail:
(1)  the kind, character, and amount of work done in the district;
(2)  the cost of the work;
(3)  the amount paid out on order and for what purpose paid;  and
(4)  other data necessary to show the condition of improvements made under the provisions of 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 62.118. Cooperation With United States

Sec. 62.118.  COOPERATION WITH UNITED STATES.  (a)  If a river, creek, stream, bay, canal, or waterway to be improved is navigable or the proposed improvement is of a nature which requires the permission or consent of the United States, the commission may obtain the required permission or consent of the United States.
(b)  Instead of or in addition to employing an engineer as provided in Section 62.076 of this code the commission may:
(1)  adopt any survey of a river, creek, canal, stream, bay, or waterway previously made by the United States;
(2)  arrange for surveys, examinations, and investigations of the proposed improvement;  and
(3)  arrange for supervision of the work of improvement by the United States.
(c)  The commission may cooperate and act with the United States in any and all matters relating to the construction and maintenance of canals and the improvement and navigation of navigable rivers, bays, creeks, streams, canals, and waterways.
(d)  The authority to cooperate shall extend to surveys, work, or expenditures of money made or to be made either by the commission or by the United States.
(e)  The United States may aid in all such matters, and the commission shall have authority to consent to the United States entering on and taking management and control of the work where necessary or permissible under the laws, regulations, and orders of the United States.
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 62.119. Preference Lien; Waiver; Enforcement

Sec. 62.119.  PREFERENCE LIEN;  WAIVER;  ENFORCEMENT.  (a)  If a district leases, rents, furnishes, or supplies water to any person, association of persons, water improvement district, or corporation for the purpose of irrigation, the district shall have, without regard to contract, a preference lien superior to every other lien on the crop or crops raised on the land which is irrigated.
(b)  If any district obtains a water supply under contract with the United States, the board of directors of the district may, by resolution entered in the minutes and with consent of the secretary of the interior, waive the preference lien, in whole or in part.
(c)  For the enforcement of the lien provided in Subsection (a) of this section, all districts are entitled to all the rights and remedies prescribed by Title 84, Revised Civil Statutes of Texas, 1925, as amended, for the enforcement of the lien between landlord and tenant.
(d)  The authority granted by this section shall be cumulative of, and in addition to, the authority granted by other laws.
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 62.120. Contract for and Lease of Water System

Sec. 62.120.  CONTRACT FOR AND LEASE OF WATER SYSTEM.  (a)  A district may enter into operating contracts and leases with cities and other governmental subdivisions for the operation of the portions of the district's water system which are designated by the board or the commission.
(b)  To the extent that the proceeds of revenue bonds were used to acquire the portion leased, the annual payments paid by the lessee to the district shall be in a sum which is sufficient to permit the district to pay the proportionate part of the principal, interest, reserves, and other requirements provided by the bond proceedings on any revenue bonds which were issued to acquire the leased properties.
(c)  Bonds issued to acquire, improve, enlarge, or extend leased properties may mature serially or otherwise not more than 50 years from their date of issue.
Added by Acts 1971, 62nd Leg., p. 1625, ch. 452, Sec. 2, eff. May 26, 1971.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 5, 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 62.121. Contracts and Obligations to Accomplish District Purposes and Exercise District Powers

Sec. 62.121.  CONTRACTS AND OBLIGATIONS TO ACCOMPLISH DISTRICT PURPOSES AND EXERCISE DISTRICT POWERS.  (a)  A district may enter into a contract with any person, including a municipality or other political subdivision in a county adjacent to the district, in order to accomplish any district purpose or exercise any district power.
(b)  As part of a contract under this section, a district may issue obligations, including obligations secured by ad valorem taxes, and use the proceeds of such obligations to provide a project located in a county adjacent to the district that serves to accomplish a district purpose or exercise a district power in such county.
Added by Acts 2005, 79th Leg., Ch. 426 (S.B. 1786), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter D. Powers and Duties › Section 62.122. Disposition of Salvage or Surplus Personal Property

Sec. 62.122.  DISPOSITION OF SALVAGE OR SURPLUS PERSONAL PROPERTY.  (a)  Except as provided by Subsection (b), the commission or board of trustees under Chapter 54, Transportation Code, may periodically dispose of surplus or salvage personal property in the same manner as the commissioners court of a county under Subchapter D, Chapter 263, Local Government Code.
(b)  The commission or board of trustees under Chapter 54, Transportation Code, may authorize:
(1)  the destruction or disposition of salvage or surplus property as worthless if the property is so worn, damaged, or obsolete that it has no value for the purpose for which it was originally intended, and the expense to the district to attempt to sell the property would be more than the proceeds from the sale; and
(2)  following any required action by the United States Army Corps of Engineers, the sale of dredge material from a dredge material placement area to any person on such terms and conditions as the commission or board of trustees considers appropriate or advantageous to the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 11, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 20, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1106 (S.B. 1500), Sec. 6, 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 62.123. Franchises

Sec. 62.123.  FRANCHISES.  (a)  A district may grant franchises for purposes consistent with this chapter to any person on property owned or controlled by the district by restrictive covenant or otherwise.
(b)  No franchise shall be granted for longer than 50 years nor shall a franchise be granted except on the affirmative vote of a majority of the commissioners present at a meeting of the commission.
(c)  No franchise shall be granted until notice of the franchise is published at the expense of the applicant, once a week for three consecutive weeks in a daily newspaper of general circulation in the district.  For the purposes of this subsection, notice consists of:
(1)  the text of the franchise in final form in all material respects; or
(2)  a descriptive caption stating the purpose of the franchise and the location at which a complete copy of the franchise in all material respects may be obtained.
(d)  The franchise shall require the grantee to file the grantee's written acceptance of the franchise within 30 days after the franchise is granted by the commission.
(e)  Nothing in this section shall be construed as preventing the district from granting revocable licenses or permits for the use of limited portions of waterfront or facilities for purposes consistent with this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 16, eff. June 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 9, eff. June 8, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter E. General Fiscal Provisions › Section 62.151. Construction and Maintenance Fund

Sec. 62.151.  CONSTRUCTION AND MAINTENANCE FUND.  (a)  The construction and maintenance fund shall include money received from the sale of bonds and all other sources except tax collections placed in the sinking fund to pay the principal of and the interest on bonds.
(b)  After the original petition is filed, all expenses necessarily incurred in connection with the creation, establishment, and maintenance of the district shall be paid from the construction and maintenance fund.
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 E. General Fiscal Provisions › Section 62.152. Payment of Expenses

Sec. 62.152.  PAYMENT OF EXPENSES.  The district may draw warrants or issue checks:
(1)  to pay for services;
(2)  to pay the compensation of employees; and
(3)  to pay all expenses incident to operation of the district.
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. 8, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter E. General Fiscal Provisions › Section 62.153. Duties of District Treasurer; Authority of Designated Officer

Sec. 62.153.  DUTIES OF DISTRICT TREASURER; AUTHORITY OF DESIGNATED OFFICER.  (a)  The district treasurer shall:
(1)  open an account for all funds received by the district treasurer for the district and all district funds which the treasurer pays out;
(2)  pay out money on vouchers signed by the chairman of the commission, any two members of the commission, or the commissioners court, or any two of any number of persons delegated by the commission with authority to sign vouchers, provided that the commission may, in such delegation, limit the authority of such persons and may require that each furnish a fidelity bond in such amount as the commission shall specify and subject to commission approval;
(3)  carefully preserve all orders for the payment of money; and
(4)  render a correct account to the commissioners court of all matters relating to the financial condition of the district as often as required by the commissioners court.
(b)  The district treasurer is not required to sign a check drawn on a depository selected under Section 62.156, unless the district treasurer is the designated officer of the district, as defined by Section 60.271(g).
(c)  A designated officer of a district may make a payment on behalf of the district by a check drawn on a depository selected under Section 62.155 in a manner consistent with the payment procedures adopted under Section 60.271(f) without authorization by the district treasurer.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1975, 64th Leg., p. 1915, ch. 618, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 398 (S.B. 1131), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 17, eff. June 1, 2017.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 9, eff. May 22, 2019.
Reenacted by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 17.003, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter E. General Fiscal Provisions › Section 62.154. Applicability of Sections 62

Sec. 62.154.  APPLICABILITY OF SECTIONS 62.155-62.159.  Sections 62.155-62.159 of this code apply to all revenue, income, money, funds, or increments except revenue derived from taxation which may result from the ownership and operation of the district's improvements and facilities.  However, these sections do not apply to any of the following counties:
(1)  Matagorda;
(2)  Fort Bend;
(3)  Brazoria;
(4)  Chambers;
(5)  Galveston;  and
(6)  Harris.
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 E. General Fiscal Provisions › Section 62.155. Deposit in Banking Corporation

Sec. 62.155.  DEPOSIT IN BANKING CORPORATION.  (a)  Instead of depositing the revenue of the district in the manner provided by law for districts, the commission may deposit the revenue in a banking corporation in the manner provided in Section 62.156 of this code.
(b)  On selection of a banking corporation by the commission under Subsection (a) of this section, revenue of the district held by anyone other than the selected banking corporation, on order of the commission, shall be deposited in the selected banking corporation to the credit 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 E. General Fiscal Provisions › Section 62.156. Selection of Depository

Sec. 62.156.  SELECTION OF DEPOSITORY.  The commission shall select a depository as provided by Section 60.271.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 1400, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter E. General Fiscal Provisions › Section 62.159. Conflicts With Prior Bonds or Other Laws

Sec. 62.159.  CONFLICTS WITH PRIOR BONDS OR OTHER LAWS.  If Sections 62.154-62.158 of this code conflict with the provisions of any bonds issued by a district and secured in whole or in part by a pledge of revenue, with the proceedings authorizing the bonds, or with any special act relating to one specific district, the bonds, proceedings, and special act shall control over these sections.
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 E. General Fiscal Provisions › Section 62.160. Maintenance Tax

Sec. 62.160.  MAINTENANCE TAX.  The commissioners courts of the respective counties inside each district may levy and have assessed and collected for the maintenance, operation, and upkeep of the district and the improvements constructed by the district an annual tax not to exceed 10 cents on the $100 valuation on all property inside 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 F. Bond Provisions › Section 62.191. Issuance of Navigation Bonds

Sec. 62.191.  ISSUANCE OF NAVIGATION BONDS.  (a)  After the commission determines the cost of proposed improvements, incidental expenses, and maintenance costs, it shall certify to the commissioners court of the county of jurisdiction the amount of bonds necessary to be issued.
(b)  The commissioners court, at a regular or special meeting, shall issue an order directing the issuance of navigation bonds for the district in the amount so certified.  The amount of bonds may not be more than the amount authorized by 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 F. Bond Provisions › Section 62.192. Issuance of Additional Bonds

Sec. 62.192.  ISSUANCE OF ADDITIONAL BONDS.  (a)  If the proceeds of bonds issued by a district are insufficient to complete the proposed improvement or construction, if the commissioners decide to begin other and further construction or improvements, or if additional funds are required to maintain the improvements made, the commission shall certify to the commissioners court the necessity for an additional bond issue.
(b)  Unless the amount previously authorized has been exhausted, the commissioners court shall issue the bonds.
(c)  The certification to the court shall state:
(1)  the amount of bonds required;
(2)  the purpose of the bonds;
(3)  the rate of interest;  and
(4)  the length of time for which the bonds are to run.
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 F. Bond Provisions › Section 62.193. Bond Election

Sec. 62.193.  BOND ELECTION.  (a)  If the authorized amount of bonds is exhausted, the commissioners court shall order an election on the issuance of additional bonds to be held in the district at the earliest legal time.
(b)  The ballots 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."
(c)  Notice shall be given, the election conducted, and the returns canvassed in the manner provided for the original bond election in Subchapter B of 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 F. Bond Provisions › Section 62.194. Order for Bonds and Tax

Sec. 62.194.  ORDER FOR BONDS AND TAX.  If on the canvass of the vote it is determined that a majority of the votes cast at the election were in favor of the issuance of bonds and levy of tax, the commissioners court shall issue an order directing the issuance of the bonds and the levy of a tax.
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 F. Bond Provisions › Section 62.195. Form of Bonds

Sec. 62.195.  FORM OF BONDS.  (a)  Bonds issued under the provisions of this chapter shall be issued in the name of the district, signed by the county judge of the county of jurisdiction, and attested by the county clerk of the county of jurisdiction with the seal of the commissioners court of the county of jurisdiction affixed to them.
(b)  The bonds shall be issued in the denominations and payable at the time or times, not more than 40 years from their date, which may be considered most expedient 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 F. Bond Provisions › Section 62.196. Duties of Attorney General

Sec. 62.196.  DUTIES OF ATTORNEY GENERAL.  (a)  Before the bonds are offered for sale, the district shall send to the attorney general:
(1)  a copy of the bonds to be issued;
(2)  a certified copy of the order of the commissioners court levying the tax;
(3)  a copy of the order of the commissioners court levying the tax to pay interest and provide a sinking fund;
(4)  a statement of the total bonded indebtedness of the district, including the series of bonds proposed and the assessed value of property for the purpose of taxation, as shown by the last official assessment by the district or, if the district has made no prior assessment, the last official assessment by the county;  and
(5)  other information which the attorney general may require.
(b)  The attorney general shall carefully examine the bonds in connection with the facts, the constitution, and the laws on the execution of the bonds.
(c)  If as the result of the examination the attorney general finds that the bonds were issued in conformity with the constitution and laws and that they are valid and binding obligations on the district, he shall officially certify the bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter F. Bond Provisions › Section 62.197. Registration of Bonds

Sec. 62.197.  REGISTRATION OF BONDS.  After the bonds have been examined by the attorney general and his certificate issued, they shall be registered by the comptroller in a book to be kept for that purpose, and the certificate of the attorney general shall be preserved in the record for use in the event of litigation.
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 F. Bond Provisions › Section 62.198. Validity of Bonds

Sec. 62.198.  VALIDITY OF BONDS.  (a)  After the bonds have been approved by the attorney general and registered by the comptroller, they shall be held in every action, suit, or proceeding in which their validity is or may be brought in question prima facie valid and binding obligations.
(b)  In every action brought to enforce collection of bonds or interest on them, the certificate of the attorney general, or a duly certified copy of it, shall be admitted and received as prima facie evidence of the validity of the bonds and the coupons attached.
(c)  The only defense that can be offered against the validity of the bonds or coupons is forgery or fraud.
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 F. Bond Provisions › Section 62.199. Record of Bonds

Sec. 62.199.  RECORD OF BONDS.  (a)  After bonds have been issued under the provisions of this chapter, the board shall procure and deliver to the treasurer of the county of jurisdiction a well-bound book in which a record shall be kept of all the bonds.
(b)  A record shall be kept in the book of:
(1)  the bond numbers and amount of the bonds;
(2)  the rate of interest;
(3)  the date of issuance and the date when the bonds are due and where payable;
(4)  the proceeds from the bonds;
(5)  the tax levy to pay interest on and to provide a sinking fund for bond payment;  and
(6)  any payment of a bond.
(c)  The book shall at all times be open to the inspection of interested parties, either taxpayers, bondholders, or otherwise, in the district.
(d)  The county treasurer shall receive for his services in recording these matters the same fees which are allowed by law to the county clerk for similar records.
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 F. Bond Provisions › Section 62.200. Sale of Bonds

Sec. 62.200.  SALE OF BONDS.  (a)  After the bonds have been registered, the chairman of the commission shall offer the bonds for sale and shall sell the bonds on the best terms and for the best price possible.  None of the bonds shall be sold for less than face par value and accrued interest.
(b)  After money is received from the sale of bonds, it shall be paid to the county treasurer and he shall place it to the credit 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 F. Bond Provisions › Section 62.201. Chairman's Bond

Sec. 62.201.  CHAIRMAN'S BOND.  Before the chairman of the commission may sell any bonds, he shall execute a good and sufficient bond, payable to the county judge or his successors in office.  The bond shall be approved by the commissioners court and shall be for an amount not less than the amount of the bonds issued, and shall be conditioned on the faithful discharge 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 F. Bond Provisions › Section 62.202. Taxes; Sinking Fund Investment

Sec. 62.202.  TAXES;  SINKING FUND INVESTMENT.  (a)  After district bonds have been voted, the commissioners court shall levy and have assessed and collected on all property in the district taxes sufficient in amount to pay the interest on the bonds and to annually deposit an amount in the sinking fund sufficient to discharge and redeem the bonds at their maturity.
(b)  If advisable, the sinking fund shall from time to time be invested by the commissioners court in county, municipal, district, or other bonds which may be 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 F. Bond Provisions › Section 62.203. Issuance of Refunding Bonds; Formalities

Sec. 62.203.  ISSUANCE OF REFUNDING BONDS;  FORMALITIES.  (a)  A district which has outstanding bonds may, by order of the commissioners court of the county of jurisdiction and without submitting the proposition to an election, authorize and issue its refunding bonds for the purpose of retiring all or any part of its outstanding bonds.
(b)  The refunding bonds may mature serially or otherwise in not more than 40 years from their date.
(c)  The refunding bonds shall be executed in the name of the district by the county judge and county clerk under the seal of the commissioners court and shall in other respects have the details and be issued in the manner provided by the commissioners court in the order authorizing 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 F. Bond Provisions › Section 62.204. Refunding Bonds Sold at Par

Sec. 62.204.  REFUNDING BONDS SOLD AT PAR.  The refunding bonds shall be sold by the commission at not less than their par value, delivered to the holders of not less than a like par amount of the bonds of the district authorized to be refunded in exchange for the prior bond obligations, or sold in part and exchanged in part.
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 F. Bond Provisions › Section 62.205. Approval of Refunding Bonds by Attorney General

Sec. 62.205.  APPROVAL OF REFUNDING BONDS BY ATTORNEY GENERAL.  The refunding bonds shall be submitted to the attorney general for approval and shall be registered by the comptroller in the same manner and with the same effect as is now provided by law for the approval and registration of municipal 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 F. Bond Provisions › Section 62.206. Tax Levy for Refunding Bonds

Sec. 62.206.  TAX LEVY FOR REFUNDING BONDS.  (a)  If a district issues refunding bonds, the district shall annually levy taxes on all taxable property in the district sufficient to pay interest on the bonds as it becomes due and to pay the principal of the bonds at maturity.
(b)  In making the annual levies, the district may take into consideration estimated delinquencies based on tax collection experience over the preceding years and levy the taxes in an amount, after deduction of estimated delinquencies, sufficient to pay principal and interest requirements and the cost of tax collection.
(c)  In its discretion and so far as consistent with the rights of the holders of the bonds refunded, a district may pledge to the payment of the refunding bonds the proceeds of taxes levied for payment of the bonds refunded and delinquent at the time of the authorization of the refunding bonds, cash or securities in the sinking fund maintained for payment of the bonds refunded, or both.
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 F. Bond Provisions › Section 62.207. Authority of Sections 62

Sec. 62.207.  AUTHORITY OF SECTIONS 62.203-62.206.  Sections 62.203-62.206 of this code shall, without reference to other laws, constitute full authority for the issuance of refunding bonds.  No proceedings, publications, elections, or referendums other than those required in Sections 62.203-62.206 shall be necessary to the authorization and issuance of refunding 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 F. Bond Provisions › Section 62.208. Revenue Bonds

Sec. 62.208.  REVENUE BONDS.  (a)  A district may issue revenue bonds on the terms and under the provisions of Chapter 111, Acts of the 43rd Legislature, 1st Called Session, 1933, or Chapter 38, Acts of the 47th Legislature, Regular Session, 1941:
(1)  to purchase, construct, improve, enlarge, extend, and repair dams, reservoirs, water rights, water wells, desalinization facilities, canals, pipelines, pumps, pump stations, land, easements, rights-of-way, and other property and facilities necessary to provide a water supply for the irrigation of land and for industrial, commercial, domestic, municipal, and other beneficial uses;
(2)  to accomplish any of the purposes designated in the previously mentioned two acts; and
(3)  for general improvement purposes without designating the improvement.
(b)  If the bonds are issued for the purposes stated in Subsection (a)(1) of this section, the district may own and operate the facilities and sell and deliver water to any person.  The properties and facilities, the uses for the water supply, and the purchasers of the water may be inside or outside the boundaries of the district but may not be inside the boundaries of any other previously created navigation district or flood control district.
(c)  If the bonds are issued for general improvement purposes, the proceeds may be spent for any purpose designated in this section.
(d)  As each installment of an authorized issue of bonds is prepared for delivery, the commission shall specify the particular purposes for which the proceeds of that installment will be spent.
(e)  A district may enter into operating contracts and leases with responsible persons or corporations for the operation of those portions of the district's water distribution system which the commission may designate.  In that case, the annual rentals to be paid to the district by the lessee shall be a sum sufficient to permit the district to meet its obligations for the payment of that proportionate part of any revenue bonds, including principal, interest, reserves, and other requirements provided in the bond proceedings, which were issued to acquire the leased properties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 18, eff. June 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter F. Bond Provisions › Section 62.209. Use of Bond Proceeds for Certain Acquisitions of Certain Districts

Sec. 62.209.  USE OF BOND PROCEEDS FOR CERTAIN ACQUISITIONS OF CERTAIN DISTRICTS.  A district to which Section 62.1071 applies may not spend for the acquisition of land, equipment, or improvements under that section the proceeds of bonds authorized by the district's voters before the district undertakes the acquisition.
Added by Acts 1999, 76th Leg., ch. 504, Sec. 2, eff. June 18, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter G. Tax Provisions › Section 62.251. Assessment and Collection of Taxes

Sec. 62.251.  ASSESSMENT AND COLLECTION OF TAXES.  The assessor and collector of each county in which the district is located shall assess and collect the taxes levied by the district in the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  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 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.291. Annexation Authority

Sec. 62.291.  ANNEXATION AUTHORITY.  A district created under this chapter or converted from a district created under Article III, Section 52, of the Texas Constitution, into a conservation and reclamation district under Article XVI, Section 59, of the Texas Constitution, may extend its boundaries and annex adjacent territory.
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 H. Annexation › Section 62.292. Petition

Sec. 62.292.  PETITION.  Before territory is annexed to the district, a petition signed by 50 or a majority of the electors residing in the adjacent territory proposed to be annexed shall be presented to the commission, requesting an election in the adjacent territory to determine whether or not the territory will be annexed and whether or not it will assume its pro rata part of the outstanding bonded debt 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 H. Annexation › Section 62.293. Scheduling Petition for Hearing; Notice

Sec. 62.293.  SCHEDULING PETITION FOR HEARING;  NOTICE.  (a)  After a petition is presented under Section 62.292 of this code, the commission shall set the petition for a hearing to be held within 10 days from the date of presentation of the petition.
(b)  Notice of the hearing shall be posted at three public places in the territory proposed to be annexed for at least five days before the hearing on the petition.  The notice shall include the time and place of the hearing and the boundaries of the territory proposed to be annexed.
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 H. Annexation › Section 62.294. Hearing

Sec. 62.294.  HEARING.  The commission shall hold the hearing on the subject of annexation of adjacent territory by the district, and any person who has taxable property in the territory proposed to be annexed may appear in person or by counsel and offer testimony or argument for or against the inclusion of all or any part of the land proposed to be annexed.
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 H. Annexation › Section 62.295. Election Order

Sec. 62.295.  ELECTION ORDER.  If after the hearing the commission finds that inclusion of the territory proposed to be annexed would be a direct benefit to all the land in that territory, the commission shall order an election to be held in the territory proposed to be annexed.
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 H. Annexation › Section 62.296. Notice of Election

Sec. 62.296.  NOTICE OF ELECTION.  (a)  The election shall be held not less than 20 nor more than 30 days from the day of the election order and after notice is given.
(b)  Notice of the election shall be published once a week for 20 days immediately preceding the election in some newspaper published in the territory proposed to be annexed.  If no newspaper is published in the territory, notice shall be posted in three public places inside the territory for at least 20 days immediately preceding the election.
(c)  The notice:
(1)  shall give the time and place or places for holding the election;
(2)  shall give the boundaries of the territory proposed to be annexed;  and
(3)  may contain the substance of the order of the commission ordering the election.
(d)  The secretary of the commission shall have the notice published or posted.
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 H. Annexation › Section 62.297. Ballots

Sec. 62.297.  BALLOTS.  The ballots for the election shall be printed to allow for voting for or against:  "Annexation to the navigation district.";  and "Assumption of a pro rata part of the bonded debt of the navigation 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 H. Annexation › Section 62.298. Election Officials

Sec. 62.298.  ELECTION OFFICIALS.  The commission shall appoint one judge and two clerks for each election box or place to hold the election.  The judge and clerks shall be electors in the territory proposed to be annexed and shall reside near the place for holding 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 H. Annexation › Section 62.299. Canvass of Vote; Entry of Order

Sec. 62.299.  CANVASS OF VOTE;  ENTRY OF ORDER.  (a)  The election judges shall certify the election returns to the commission, and the commission shall canvass the returns.
(b)  If a majority of the electors voting at the election favor annexation and assumption of the pro rata part of the bonded debt of the district, the commission shall enter an order in its minutes annexing the territory, and from and after the entry of the order, the annexed territory shall be a part of the district with all the rights, benefits, and burdens of property originally situated in the district.
(c)  If a majority of the electors voting at the election favor annexation and the proposition to assume the bonded debt fails to carry, the commission shall enter an order in its minutes annexing the territory to the district, and from and after the entry of the order, the annexed territory shall be a part of the district with the exception of the assumption of the outstanding bonded indebtedness.  The annexed territory shall be subject to a tax for maintenance and operation and shall be liable for all other bonded indebtedness and other indebtedness thereafter legally imposed by the district.
(d)  After an order of annexation has been entered in the minutes of the commission, a certified copy of the order shall be prepared by the secretary of the commission and shall include the boundaries of the territory annexed.  The secretary shall record the order or have it be recorded in the real estate records of the county or counties in which the territory 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 H. Annexation › Section 62.300. Authority to Annex Other Districts

Sec. 62.300.  AUTHORITY TO ANNEX OTHER DISTRICTS.  Except as otherwise provided by this subchapter, a district created under Article XVI, Section 59, of the Texas Constitution may be annexed and become a part of another adjacent district created under the general law in the same manner as provided in Sections 62.292-62.299 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.301. Duties of Commission of Annexed District

Sec. 62.301.  DUTIES OF COMMISSION OF ANNEXED DISTRICT.  If a district proposes to annex an adjacent district, the commission of the district proposed to be annexed shall:
(1)  conduct the hearing;
(2)  order the election;
(3)  canvass the returns of the election;  and
(4)  perform the other duties and procedures provided in Sections 62.292-62.299 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.302. Certification of Election Results

Sec. 62.302.  CERTIFICATION OF ELECTION RESULTS.  If the election in a district proposed to be annexed results in a majority of the votes of the electors voting at the election favoring annexation, the commission of the district proposed to be annexed shall certify the election result together with the metes and bounds of the district to the commission of the annexing 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 H. Annexation › Section 62.303. Hearing by Annexing District; Notice

Sec. 62.303.  HEARING BY ANNEXING DISTRICT;  NOTICE.  (a)  When the election result is certified to the commission of the annexing district, the commission of the annexing district shall conduct a hearing to determine whether or not it will be a benefit to the annexing district to annex the territory.
(b)  The hearing shall be conducted after the commission has given five days' notice in some newspaper published in the annexing district.
(c)  If it is found at the hearing that the annexation of the adjacent district would be a benefit to the territory of the annexing district, the commission shall enter an order in its minutes annexing the district and from and after the entry of the order, the adjacent district shall be a part of the annexing district with all rights and privileges of territory originally situated 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 H. Annexation › Section 62.304. Assumption of Bonded Debt

Sec. 62.304.  ASSUMPTION OF BONDED DEBT.  (a)  Unless a majority of the electors of each of the districts approves it, the annexing district and the district to be annexed may not assume the outstanding bonded debt of the other.
(b)  Annexation shall in no way affect the outstanding debt or any other valid obligation of either the annexing district or the district to be annexed.
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 H. Annexation › Section 62.305. Levy of Taxes on Annexed District

Sec. 62.305.  LEVY OF TAXES ON ANNEXED DISTRICT.  The commission of the annexing district shall annually levy and collect sufficient taxes in the district to be annexed to discharge all valid outstanding obligations of the district to be annexed.
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 H. Annexation › Section 62.306. Dissolution of Annexed District

Sec. 62.306.  DISSOLUTION OF ANNEXED DISTRICT.  From and after the entry of the order annexing the district, the annexed district shall be dissolved.  All powers previously vested in the annexed district and the commission of the annexed district shall be vested, respectively, in the annexing district and the commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.