reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter F. Issuance of Bonds › Section 49.183. Bond Sales

Sec. 49.183.  BOND SALES.  (a)  Except for refunding bonds, or bonds sold to a state or federal agency or to the North American Development Bank, bonds issued by a district shall be sold after advertising for and receiving competitive sealed bids and shall be awarded to the bidder whose bid produces the lowest net effective interest rate to the district.
(b)  Except for refunding bonds, or bonds sold to a state or federal agency or to the North American Development Bank, before any bonds are sold by a district, the board shall publish an appropriate notice of the sale:
(1)  at least one time not less than 10 days before the date of sale in a newspaper of general circulation in the county or counties in which the district is located;  and
(2)  at least one time in one or more recognized financial publications of general circulation in the state as approved by the state attorney general.
(c)  If the district is issuing bonds and refunding bonds as one issue and if the initial principal amount of refunding bonds is 50 percent or more of the total initial principal amount of bonds being issued, for the purposes of this section, the issue shall be considered to be refunding bonds and competitive bids shall not be required.
(d)  A district's bonds are negotiable instruments within the meaning and purposes of the Business & Commerce Code.  A district's bonds may be issued and bear interest in accordance with Chapters 1201, 1204, and 1371, Government Code, and Subchapters A-C, Chapter 1207, Government Code. Except for this subsection, this section does not apply to special water authorities or districts described in Section 49.181(h)(1)(D).
(e)  Subsections (a) and (b) do not apply to district bonds issued pursuant to Chapter 1371, Government Code.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.421, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1423, Sec. 10, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 13, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 608, Sec. 9, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 156 (H.B. 1901), Sec. 3, eff. May 28, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter F. Issuance of Bonds › Section 49.184. Approval of Bonds by Attorney General; Registration of Bonds

Sec. 49.184.  APPROVAL OF BONDS BY ATTORNEY GENERAL;  REGISTRATION OF BONDS.  (a)  Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent to the attorney general.
(b)  The attorney general shall carefully examine the bonds, with regard to the record and the constitution and laws of this state governing the issuance of bonds, and the attorney general shall officially approve and certify the bonds if he or she finds that they conform to the record and the constitution and laws of this state and are valid and binding obligations of the district.
(c)  After the attorney general approves and certifies the bonds, the comptroller shall register them in a book kept for that purpose and shall record the certificate of the attorney general.
(d)  After the approval and registration of the bonds by the comptroller, they shall be incontestable in any court or other forum, for any reason, and shall be valid and binding obligations in accordance with their terms for all purposes.
(e)  A contract or lease in which the proceeds of the contract or lease are pledged to the payment of a bond may be submitted to the attorney general along with the bond records, and, if submitted, the approval by the attorney general of the bonds shall constitute an approval of the contract or lease and the contract or lease shall be incontestable.  A contract or lease, other than a contract or lease in which the proceeds of the contract or lease are pledged to the payment of a bond, may be submitted to the attorney general along with the bond records, and, if reviewed and approved by the attorney general, the approval of the bonds shall constitute an approval of the contract or lease and the contract or lease shall be incontestable.
(f)  In any proceeding concerning the validity of the creation of a district or the annexation of property by a district, a certificate of ownership as certified by the central appraisal district of the county or counties in which the property is located creates a presumption of ownership, and additional proof of ownership is not required unless there is substantial evidence in the official deed records of the county in which the property is located to rebut the presumption.  On request by a district, the central appraisal district of the county or counties in which the district is located shall furnish certificates of ownership and may charge reasonable fees to recover the actual costs incurred in preparing the certificates.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 11, eff. June 17, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 352 (H.B. 1946), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter F. Issuance of Bonds › Section 49.185. Exemptions

Sec. 49.185.  EXEMPTIONS.  This subchapter shall not apply to districts engaged in the distribution and sale of electric energy to the public.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter F. Issuance of Bonds › Section 49.186. Authorized Investments; Security for Funds

Sec. 49.186.  AUTHORIZED INVESTMENTS;  SECURITY FOR FUNDS.  (a)  All bonds, notes, and other obligations issued by a district shall be legal and authorized investments for all banks, trust companies, building and loan associations, savings and loan associations, insurance companies of all kinds and types, fiduciaries, and trustees, and for all interest and sinking funds and other public funds of the state, and all agencies, subdivisions, and instrumentalities of the state, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic.
(b)  A district's bonds, notes, and other obligations are eligible and lawful security for all deposits of public funds of the state, and all agencies, subdivisions, and instrumentalities of the state, including all counties, cities, towns, villages, school districts, and all other kinds and types of districts, public agencies, and bodies politic, to the extent of the market value of the bonds, notes, and other obligations when accompanied by any unmatured interest coupons attached to them.
Added by Acts 1997, 75th Leg., ch. 1070, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.191. Duty to Audit

Sec. 49.191.  DUTY TO AUDIT.  (a)  The board shall have the district's fiscal accounts and records audited annually at the expense of the district.
(b)  In all areas of conflict, the provisions of this subchapter shall take precedence over all prior statutory enactments.
(c)  The person who performs the audit shall be a certified public accountant or public accountant holding a permit from the Texas State Board of Public Accountancy.
(d)  The audit required by this section shall be completed within 120 days after the close of the district's fiscal year.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.192. Form of Audit

Sec. 49.192.  FORM OF AUDIT.  The executive director shall adopt accounting and auditing manuals and, except as otherwise provided by the manuals, the district audit shall be performed according to the generally accepted auditing standards adopted by the American Institute of Certified Public Accountants.  Financial statements shall be prepared in accordance with generally accepted accounting principles as adopted by the American Institute of Certified Public Accountants.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.193. Financial Reports

Sec. 49.193.  FINANCIAL REPORTS.  The district's depository, the district's treasurer, and the district's bookkeeper, if any, who receives or has control over any district funds shall keep a full and itemized account of district funds in its, his, or her possession.  Such itemized accounts and records shall be available for audit.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.194. Filing of Audits, Affidavits, and Financial Reports

Sec. 49.194.  FILING OF AUDITS, AFFIDAVITS, AND FINANCIAL REPORTS.  (a)  Except as provided by Subsection (h), after the board has approved the audit report, it shall submit a copy of the report to the executive director for filing within 135 days after the close of the district's fiscal year.
(b)  Except as provided by Subsection (h), if the board refuses to approve the annual audit report, the board shall submit a copy of the report to the executive director for filing within 135 days after the close of the district's fiscal year, accompanied by a statement from the board explaining the reasons for its failure to approve the report.
(c)  Copies of the audit report, the annual financial dormancy affidavit, or annual financial report described in Sections 49.197 and 49.198 shall be filed annually in the office of the district.
(d)  Each district shall file with the executive director an annual filing affidavit in a format prescribed by the executive director, executed by a duly authorized representative of the board, stating that all copies of the annual audit report, annual financial dormancy affidavit, or annual financial report have been filed under this section.
(e)  The annual filing affidavit shall be submitted with the applicable annual document when it is submitted to the executive director for filing as prescribed by this subchapter.
(f)  The executive director shall file with the attorney general the names of any districts that do not comply with the provisions of this subchapter.
(g)  A submission to the executive director required by this section may be made electronically.
(h)  A special water authority shall submit a copy of the audit report to the executive director for filing not later than the 160th day after the date the special water authority's fiscal year ends.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 14, eff. June 18, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 15, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.195. Review by Executive Director

Sec. 49.195.  REVIEW BY EXECUTIVE DIRECTOR.  (a)  The executive director may review the audit report of each district.  After reviewing the audit report, the executive director may request additional information from the district.  The district shall provide the additional information not later than the 60th day after the date the request was received, unless the executive director extends the time allowed for the district to provide additional information for good cause.
(b)  Subject to Subsection (f), the commission may request that the state auditor assist in the establishment of standards and procedures for review of district audits by the executive director.
(c)  If the executive director has any objections or determines any violations of generally accepted auditing standards or accounting principles, statutes, or board rules, or if the executive director has any recommendations, he or she shall notify the board and the district's auditor.
(d)  Before the audit report may be accepted by the executive director as being in compliance with the provisions of this subchapter, the board and the auditor shall remedy objections and correct violations of which they have been notified by the executive director.
(e)  If the audit report indicates that any penal law has been violated, the executive director shall notify the appropriate county or district attorney and the attorney general.
(f)  Participation by the state auditor under Subsection (b) is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c), Government Code.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 54, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 608 (S.B. 911), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.196. Access to and Maintenance of District Records

Sec. 49.196.  ACCESS TO AND MAINTENANCE OF DISTRICT RECORDS.  (a)  The executive director may review and investigate a district's financial records and may conduct an on-site audit of a district's financial information.  The executive director shall have access to all vouchers, receipts, district fiscal and financial records, and other district records the executive director considers necessary.
(b)  All district fiscal records shall be prepared on a timely basis and maintained in an orderly manner in accordance with generally accepted accounting principles.  The fiscal records shall be available for public inspection during regular business hours.  A district's fiscal records may be removed from the district's office for the purposes of recording its fiscal affairs and preparing an audit, during which time the fiscal records are under the control of the district's auditor.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 608 (S.B. 911), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.197. Financially Dormant Districts

Sec. 49.197.  FINANCIALLY DORMANT DISTRICTS.  (a)  A financially dormant district is a district that had:
(1)  $500 or less of receipts from operations, tax assessments, loans, contributions, or any other sources during the calendar year;
(2)  $500 or less of disbursements of funds during the calendar year;
(3)  no bonds or other long-term (more than one year) liabilities outstanding during the calendar year;  and
(4)  no cash or investments that exceeded $5,000 at any time during the calendar year.
(b)  A financially dormant district may elect to submit to the executive director a financial dormancy affidavit instead of complying with the audit requirements of Section 49.191.
(c)  The annual financial dormancy affidavit shall be prepared in a format prescribed by the executive director and shall be submitted for filing by a duly authorized representative of the district.
(d)  The affidavit must be filed annually on or before January 31 with the executive director until such time as the district becomes financially active and the board adopts a fiscal year;  thereafter, the district shall file annual audit reports as prescribed by this subchapter.
(e)  A district that becomes financially dormant after having been financially active shall be required to file annual financial dormancy affidavits on or before January 31, until the district is either dissolved or again becomes financially active.
(f)  Districts governed by this section are subject to periodic audits by the executive director.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.198. Audit Report Exemption

Sec. 49.198.  AUDIT REPORT EXEMPTION.  (a)  A district may elect to file annual financial reports with the executive director in lieu of the district's compliance with Section 49.191 provided:
(1)  the district had no bonds or other long-term (more than one year) liabilities outstanding during the fiscal period;
(2)  the district did not have gross receipts from operations, loans, taxes, or contributions in excess of $250,000 during the fiscal period; and
(3)  the district's cash and temporary investments were not in excess of  $250,000 during the fiscal period.
(b)  The annual financial report must be accompanied by an affidavit attesting to the accuracy and authenticity of the financial report signed by a duly authorized representative of the district.
(c)  The annual financial report and affidavit in a format prescribed by the executive director must be on file with the executive director within 45 days after the close of the district's fiscal year.
(d)  Districts governed by this section are subject to periodic audits by the executive director.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 444 (S.B. 1361), Sec. 1, eff. August 29, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.23, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1037 (H.B. 3002), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.199. Policies and Audits of Districts

Sec. 49.199.  POLICIES AND AUDITS OF DISTRICTS.  (a)  Subject to the law governing the district, the board shall adopt the following in writing:
(1)  a code of ethics for district directors, officers, employees, and persons who are engaged in handling investments for the district;
(2)  a policy relating to travel expenditures;
(3)  a policy relating to district investments that ensures that:
(A)  purchases and sales of investments are initiated by authorized individuals, conform to investment objectives and regulations, and are properly documented and approved;  and
(B)  periodic review is made of district investments to evaluate investment performance and security;
(4)  policies and procedures for selection, monitoring, or review and evaluation of professional services;
(5)  a uniform method of accounting and reporting for industrial development bonds and pollution control bonds that complies with requirements of the commission;  and
(6)  policies that ensure a better use of management information including:
(A)  budgets for use in planning and controlling cost;
(B)  an audit committee of the board;  and
(C)  uniform reporting requirements that use "Audits of State and Local Governmental Units" as a guide on audit working papers and that use "Governmental Accounting and Financial Reporting Standards."
(b)  The state auditor may audit the financial transactions of any district if the state auditor determines that the audit is necessary.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.1991. Efficiency Review of River Authorities

Sec. 49.1991.  EFFICIENCY REVIEW OF RIVER AUTHORITIES. A district that is a river authority is subject to an efficiency review by the Legislative Budget Board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1293 (H.B. 2362), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter G. Audit of Districts › Section 49.200. Review and Comment on Budget of Certain Districts

Sec. 49.200.  REVIEW AND COMMENT ON BUDGET OF CERTAIN DISTRICTS.  A district that provides wholesale potable water and wastewater services shall adopt a program that provides such wholesale customers an opportunity to review and comment on the district's annual budget that applies to their services before that budget is adopted by the board.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2121. Acceptance of Credit Cards

Sec. 49.2121.  ACCEPTANCE OF CREDIT CARDS.  (a)  In this section, "credit card" means a card, plate, or similar device authorizing a designated person or bearer to obtain goods, services, money, or any other thing of value on credit.
(b)  A district may:
(1)  accept a credit card for the payment of any fees and charges imposed by the district;
(2)  collect a fee that is reasonably related to the expense incurred by the district in processing the payment by credit card; and
(3)  collect a service charge for the expense incurred by the district in collecting the original fee or charge if the payment by credit card is not honored by the credit card company on which the funds are drawn.
(c)  The service charge under Subsection (b)(3) may not exceed the amount charged for the collection of a check drawn on an account with insufficient funds.
(d)  The district may not collect the service charge under Subsection (b)(3) if:
(1)  the district is notified at the time of payment that the payment is not honored; and
(2)  the customer immediately submits to the district an alternative form of payment.
Added by Acts 2005, 79th Leg., Ch. 260 (H.B. 1935), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 17, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2122. Establishment of Customer Classes

Sec. 49.2122.  ESTABLISHMENT OF CUSTOMER CLASSES.  (a)  Notwithstanding any other law, a district may establish different charges, fees, rentals, or deposits among classes of customers that are based on any factor the district considers appropriate, including:
(1)  the similarity of the type of customer to other customers in the class, including:
(A)  residential;
(B)  commercial;
(C)  industrial;
(D)  apartment;
(E)  rental housing;
(F)  irrigation;
(G)  homeowner associations;
(H)  builder;
(I)  out-of-district;
(J)  nonprofit organization; and
(K)  any other type of customer as determined by the district;
(2)  the type of services provided to the customer class;
(3)  the cost of facilities, operations, and administrative services to provide service to a particular class of customer, including additional costs to the district for security, recreational facilities, or fire protection paid from other revenues; and
(4)  the total revenues, including ad valorem tax revenues and connection fees, received by the district from a class of customers relative to the cost of service to the class of customers.
(a-1)  Notwithstanding Subsection (a), a district that provides nonsubmetered master metered utility service, as defined by Section 13.087(a)(1), to a recreational vehicle park, as defined by Section 13.087(a)(3):
(1)  shall determine the rates for that service on the same basis the district uses to determine the rates for other commercial businesses that serve transient customers and receive nonsubmetered master metered utility service from the district; and
(2)  may not charge a person who owns or operates a recreational vehicle park that receives nonsubmetered master metered utility service from the district an administrative fee for the services provided.
(b)  A district is presumed to have weighed and considered appropriate factors and to have properly established charges, fees, rentals, and deposits absent a showing that the district acted arbitrarily and capriciously.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 7.01, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 6 (S.B. 569), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 613 (S.B. 1268), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2125. Fees and Other Charges of Certain Regional Water Authorities After Annexation

Sec. 49.2125.  FEES AND OTHER CHARGES OF CERTAIN REGIONAL WATER AUTHORITIES AFTER ANNEXATION.  (a)  This section applies to a regional water authority that:
(1)  was established after January 1, 1999;
(2)  is located entirely within a county with a population greater than 3.4 million according to the 2000 federal decennial census;  and
(3)  has a population greater than 375,000 according to the 2000 federal decennial census.
(b)  Notwithstanding any other law, except to the extent an authority to which this section applies agrees in writing, a municipality's annexation of territory within the authority has no effect on the authority's ability to assess and collect inside the territory annexed by the municipality the types of fees, rates, charges, or special assessments that the authority was assessing and collecting at the time the municipality initiated the annexation;  provided, however, that the authority's ability to assess and collect such fees, rates, charges, or special assessments shall terminate on the later to occur of (i) the date of final payment or defeasance of any bonds or other indebtedness, including any refunding bonds, that are secured by such fees, rates, charges, or special assessments or (ii) the date that the authority no longer provides services inside the annexed territory.  An authority to which this section applies shall continue to provide services to the annexed territory in accordance with contracts in effect at the time of the annexation unless a written agreement between the governing body of the authority and the governing body of the municipality provides otherwise.
Added by Acts 2003, 78th Leg., ch. 248, Sec. 15, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2127. Pipeline Fees and Requirements Imposed by Certain Districts

Sec. 49.2127.  PIPELINE FEES AND REQUIREMENTS IMPOSED BY CERTAIN DISTRICTS.  (a)  In this section, "retail public utility" has the meaning assigned by Section 13.002.
(b)  This section applies only to a district whose territory is located wholly or partly in a county:
(1)  located on the Gulf of Mexico and an international border; or
(2)  adjacent to a county described by Subdivision (1).
(c)  Notwithstanding Section 49.002, this section prevails over a special law governing a district.
(d)  A district may not impose on a retail public utility that proposes to construct a water or sewer pipeline or associated infrastructure in the district's service area:
(1)  requirements for constructing the pipeline that are unduly burdensome; or
(2)  a fee that is greater than the actual, reasonable, and documented costs incurred by the district for review, legal services, engineering services, inspection, construction, and repair associated with the retail public utility construction, and any other related costs incurred by the district in association with the retail public utility construction.
Added by Acts 2021, 87th Leg., R.S., Ch. 1022 (S.B. 2185), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.213. Authority to Issue Contracts

Sec. 49.213.  AUTHORITY TO ISSUE CONTRACTS.  (a)  A district may contract with a person or any public or private entity for the joint construction, financing, ownership, and operation of any works, improvements, facilities, plants, equipment, and appliances necessary to accomplish any purpose or function permitted by a district, or a district may purchase an interest in any project used for any purpose or function permitted by a district.
(b)  A district may enter into contracts with any person or any public or private entity in the performance of any purpose or function permitted by a district.
(c)  A district may enter into contracts, which may be of unlimited duration, with persons or any public or private entities on the terms and conditions the board may consider desirable, fair, and advantageous for:
(1)  the purchase or sale of water;
(2)  the collection, transportation, treatment, and disposal of its domestic, industrial, and communal wastes or the collection, transportation, treatment, and disposal of domestic, industrial, and communal wastes of other persons;
(3)  the gathering, diverting, and control of local storm water, or other local harmful excesses of water;
(4)  the continuing and orderly development of the land and property within the district through the purchase, construction, or installation of works, improvements, facilities, plants, equipment, and appliances that the district may otherwise be empowered and authorized to do or perform so that, to the greatest extent reasonably possible, considering sound engineering and economic practices, all of the land and property may be placed in a position to ultimately receive the services of the works, improvements, plants, facilities, equipment, and appliances;
(5)  the maintenance and operation of any works, improvements, facilities, plants, equipment, and appliances of the district or of another person or public or private entity;
(6)  the collection, treatment, and disposal of municipal solid wastes;  and
(7)  the exercise of any other rights, powers, and duties granted to a district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.214. Conflicts of Interest in Contracts

Sec. 49.214.  CONFLICTS OF INTEREST IN CONTRACTS.  The provisions of Chapter 171, Local Government Code, shall apply to the award of district contracts.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2145. Use of Money Received Under Certain Contracts

Sec. 49.2145.  USE OF MONEY RECEIVED UNDER CERTAIN CONTRACTS.  (a)  This section applies only to a district located in:
(1)  a county included in the Harris-Galveston Subsidence District; or
(2)  a county included in the Fort Bend Subsidence District.
(b)  A district that receives money from a municipality under the terms of a contract with the municipality, including a strategic partnership agreement authorized by Section 43.0751, Local Government Code, may use the money for any purpose of the district or the municipality, unless the contract requires the district to use the money for a specified purpose.  For purposes of this chapter, a district purpose includes a municipal purpose for which money is used under this section.
Added by Acts 2005, 79th Leg., Ch. 581 (H.B. 1599), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 21.005, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.215. Service to Areas Outside the District

Sec. 49.215.  SERVICE TO AREAS OUTSIDE THE DISTRICT.  (a)  A district may purchase, construct, acquire, own, operate, repair, improve, or extend all works, improvements, facilities, plants, equipment, and appliances necessary to provide any services or facilities authorized to be provided by the district to areas contiguous to or in the vicinity of the district provided the district does not duplicate a service or facility of another public entity.  A district providing potable water and sewer utility services to household users shall not provide services or facilities to serve areas outside the district that are also within the corporate limits of a city without securing a resolution or ordinance of the city granting consent for the district to serve the area within the city.
(b)  To secure money for this purpose, a district is authorized to issue and sell negotiable bonds and notes payable from the levy and collection of ad valorem taxes on all taxable property within the district or from all or any designated part of the revenues received from the operation of the district's works, improvements, facilities, plants, equipment, and appliances or from a combination of taxes and revenues.
(c)  Any bonds and notes may be issued upon the terms and conditions set forth in this code.
(d)  A district shall not be required to hold a certificate of convenience and necessity as a precondition for providing retail water or sewer service to any customer or service area, notwithstanding the fact that such customer or service area may be located either within or outside the boundaries of the district or has previously received water or sewer service from an entity required by law to hold a certificate of convenience and necessity as a precondition for such service.  This subsection does not authorize a district to provide services within an area for which a retail public utility holds a certificate of convenience and necessity or within the boundaries of another district without that district's consent, unless the district has a valid certificate of convenience and necessity to provide services to that area.
(e)  A district is authorized to establish, maintain, revise, charge, and collect the rates, fees, rentals, tolls, or other charges for the use, services, and facilities that provide service to areas outside the district that are considered necessary and may be higher than those charged for comparable service to users within the district.
(f)  The rates, fees, rentals, tolls, or other charges shall be at least sufficient to meet the expense of operating and maintaining the services and facilities for a water and sanitary sewer system serving areas outside the district and to pay the principal of and interest and redemption price on bonds issued to purchase, construct, acquire, own, operate, repair, improve, or extend the services or facilities.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.216. Enforcement by Peace Officers

Sec. 49.216.  ENFORCEMENT BY PEACE OFFICERS.  (a)  A district may contract for or employ its own peace officers with power to make arrests when necessary to prevent or abate the commission of:
(1)  any offense against the rules of the district when the offense or threatened offense occurs on any land, water, or easement owned or controlled by the district;
(2)  any offense involving injury or detriment to any property owned or controlled by the district;  and
(3)  any offense against the laws of the state.
(b)  A district may appoint reserve peace officers who may be called to serve as peace officers by the district during the actual discharge of their official duties.
(c)  A reserve peace officer serves at the discretion of the district and may be called into service if the district considers it necessary to have additional officers to preserve the peace in or enforce the law of the district.
(d)  A reserve peace officer on active duty and actively engaged in assigned duties has the same rights, privileges, and duties as any other peace officer of the district.
(e)  Any peace officer who is directly employed by a district, before beginning to perform any duties and at the time of appointment, must take an oath and execute a bond conditioned on faithful performance of such officer's duties in the amount of $1,000 payable to the district.  The oath and the bond shall be filed in the district office.
(f)  A peace officer contracted for by the district, individually or through a county, sheriff, constable, or municipality, is an independent contractor, and the district is responsible for the acts or omissions of the peace officer only to the extent provided by law for other independent contractors.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.217. Operation of Certain Motor Vehicles on or Near Public Facilities

Sec. 49.217.  OPERATION OF CERTAIN MOTOR VEHICLES ON OR NEAR PUBLIC FACILITIES.  (a)  In this section, "motor vehicle" means a self-propelled device in, upon, or by which a person or property is or may be transported or drawn on a road or highway.
(b)  Except as provided in Subsections (c) and (d), a person may not operate a motor vehicle on a levee, in a drainage ditch, or on land adjacent to a levee, canal, ditch, exposed conduit, pipeline, pumping plant, storm water facility, or other facility for the transmission, storage, treatment, or distribution of water, sewage, or storm water owned or controlled by a district.
(c)  A district may authorize the use of motor vehicles on land that it owns or controls by posting signs on the property.
(d)  This section does not prohibit a person from:
(1)  driving on a public road or highway;  or
(2)  operating a motor vehicle used for repair or maintenance of public water, sewer, or storm water facilities.
(e)  A person who operates a motor vehicle in violation of Subsection (b) commits an offense.  An offense under this section is a Class C misdemeanor, except that if a person has been convicted of an offense under this section, a subsequent offense is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.219. Acquisition of Existing Facilities

Sec. 49.219.  ACQUISITION OF EXISTING FACILITIES.  Any district may acquire by agreement all or any part of existing water, sanitary sewer, or drainage systems of any water supply corporation, including works, improvements, facilities, plants, equipment, appliances, contract rights, and other assets and rights that are completed, partially completed, or under construction, and in connection therewith a district may assume all or any part of the contracts, indebtedness, or obligations of the corporation related to said systems, including any contracts, indebtedness, or obligations related to or payable from the revenues of said systems, and may perform all or any part of the obligations of said corporation in the same manner and to the same extent that any other purchaser or assignee could be bound on any such contracts, indebtedness, or obligations.  Before assuming any indebtedness or obligations of such corporation related to any such system, a district other than a special water authority shall obtain the approval of the commission of such assumption.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.220. Right to Use Existing Rights-of-Way

Sec. 49.220.  RIGHT TO USE EXISTING RIGHTS-OF-WAY.  All districts or water supply corporations are given rights-of-way within, along, under, and across all public, state, county, city, town, or village roads, highways, and rights-of-way and other public rights-of-way without the requirement for surety bond or security;  provided, however, that the entity having jurisdiction over such roads, highways, and rights-of-way may require indemnification.  A district or water supply corporation shall not proceed with any action to change, alter, or damage a portion of the state highway system without having first obtained the written consent of the Texas Department of Transportation, and the placement of any facility of a district or water supply corporation within state highway right-of-way shall be subject to department regulation.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.221. Right to Enter Land

Sec. 49.221.  RIGHT TO ENTER LAND.  (a)  The directors, engineers, attorneys, agents, operators, and employees of a district or water supply corporation may go on any land to inspect, make surveys, or perform tests to determine the condition, value, and usability of the property, with reference to the proposed location of works, improvements, plants, facilities, equipment, or appliances.  The cost of restoration shall be borne by the district or the water supply corporation.
(b)  District employees and agents are entitled to enter any public or private property within the boundaries of the district or adjacent to any reservoir or other property owned by the district at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water in the state or the compliance with any rule, regulation, permit, or other order of the district.  District employees or agents acting under this authority who enter private property shall observe the establishment's rules and regulations concerning safety, internal security, and fire protection and shall notify any occupant or management of their presence and shall exhibit proper credentials.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.222. Eminent Domain

Sec. 49.222.  EMINENT DOMAIN.  (a)  A district or water supply corporation may acquire by condemnation any land, easements, or other property inside or outside the district boundaries, or the boundaries of the certificated service area for a water supply corporation, necessary for water, sanitary sewer, storm drainage, or flood drainage or control purposes or for any other of its projects or purposes, and may elect to condemn either the fee simple title or a lesser property interest.
(b)  The right of eminent domain shall be exercised in the manner provided in Chapter 21, Property Code, except that a district or a water supply corporation shall not be required to give bond for appeal or bond for costs in any condemnation suit or other suit to which it is a party and shall not be required to deposit more than the amount of any award in any suit.
(c)  The power of eminent domain may not be used for the condemnation of land for the purpose of acquiring rights to underground water or of water or water rights.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.223. Costs of Relocation of Property

Sec. 49.223.  COSTS OF RELOCATION OF PROPERTY.  (a)  In the event that the district or the water supply corporation, in the exercise of the power of eminent domain or power of relocation or any other power, makes necessary the relocation, raising, lowering, rerouting, or change in grade of or alteration in construction of any road, bridge, highway, railroad, electric transmission line, telegraph, or telephone properties, facilities, or pipelines, all necessary relocations, raising, lowering, rerouting, or change in grade or alteration of construction shall be done at the sole expense of the district or the water supply corporation unless otherwise agreed to in writing.  Such relocation shall be accomplished in a timely manner so that the project of the district or the water supply corporation is not delayed.
(b)  "Sole expense" means the actual cost of the relocation, raising, lowering, rerouting, or change in grade or alteration of construction and providing comparable replacement without enhancing the facilities after deducting from it the net salvage value derived from the old facility.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.224. Power to Condemn Cemeteries

Sec. 49.224.  POWER TO CONDEMN CEMETERIES.  (a)  The use of land for the construction of district dams and creation of lakes and reservoirs for the purpose of conservation and development of the natural resources of this state is hereby declared to be superior to all other uses, and for these purposes only a district has the power of eminent domain to acquire land, improvements, and other property owned and held for cemeteries or burial places necessary for the construction of a dam or that lies inside the area to be covered by the lake or reservoir or within 300 feet of the high water line of the lake or reservoir.
(b)  Except as otherwise provided by this subchapter, the procedure in condemnation proceedings is governed by Chapter 21, Property Code.
(c)  Notice shall be served on the title owner of the land on which the cemetery is situated as provided in Chapter 21, Property Code.  General notice to persons having relatives interred in the cemetery shall be given by publication for two consecutive weeks in a newspaper circulated in the county in which the cemetery is situated.
(d)  The measure of damages in these eminent domain proceedings shall be assessed as in other condemnation cases.  An additional amount of damages shall be assessed to cover the cost of removing and reinterring the bodies interred in the cemetery or burial place and the cost of removing and resetting the monuments or markers erected at the graves.
(e)  The additional assessment shall be deposited in the registry of the county court and disbursed only for the purpose of removing and reinterring the bodies in other cemeteries in Texas agreed on between the district and the relatives of the deceased persons.
(f)  If in any case the district and the relatives of a deceased person cannot agree within 30 days on a cemetery for reinterment, or no relatives appear within that time, then the county judge shall designate the cemetery for reinterment.
(g)  Instead of depositing the additional assessment in the registry of the court, the district may execute a bond sufficient to cover costs of removing and reinterring the bodies.  The bond shall be payable to and approved by the county judge and conditioned that the bodies will be removed and reinterred as provided by this section.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.225. Leases

Sec. 49.225.  LEASES.  A district may lease any of its property, real or personal, to any person.  The lease may contain the terms and provisions that the board determines to be advantageous to the district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.