reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.196. Selling Waterpower Privileges

Sec. 55.196.  SELLING WATERPOWER PRIVILEGES.  The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs and irrigation system.  The sale of waterpower privileges may not interfere with the district's obligation to furnish an adequate supply of water for irrigation and for municipal purposes in districts which furnish water for municipal purposes.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.197. Selling Surplus Water

Sec. 55.197.  SELLING SURPLUS WATER.  The district may sell to any person who owns or uses land in the vicinity of the district any surplus district water for use in irrigation or for domestic or commercial uses.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.198. Pumping and Delivering Water to Land Near District

Sec. 55.198.  PUMPING AND DELIVERING WATER TO LAND NEAR DISTRICT.  The district may enter into a contract with a person who owns or uses land in the vicinity of the district and who has a permit from the commission to appropriate water for use in irrigation or for domestic or commercial uses to pump or deliver the water to the person's land.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.200. Sale of Land Acquired by a District for Other Than District Purposes

Sec. 55.200.  SALE OF LAND ACQUIRED BY A DISTRICT FOR OTHER THAN DISTRICT PURPOSES.  The district may sell to the highest bidder at a public sale any land acquired by the district through foreclosure of liens for maintenance and operation assessments or acquired by the district for any purpose other than carrying out its plans.  The board may use proceeds from the sale for making improvements in the district, for maintenance and operation of the district's system, or for carrying on district business.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.201. Use of Excess District Money

Sec. 55.201.  USE OF EXCESS DISTRICT MONEY.  After all district improvements are completed and all expenses are paid, the board may use any remaining money to preserve, maintain, and repair district improvements.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.202. Board's Semiannual Report

Sec. 55.202.  BOARD'S SEMIANNUAL REPORT.  On the first day of January and July of each year, the board shall make and verify a report which shows in detail the kind, character, and amount of improvements constructed in the district, the cost of the improvements, the amount of each warrant paid, the person to whom each warrant was paid, the purpose for which each warrant was paid, and other data necessary to show the condition of improvements made.  The report shall be filed with the county clerk in the county or counties in which the district is located and made available for public inspection.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.204. Waiver of District Tort Immunity

Sec. 55.204.  WAIVER OF DISTRICT TORT IMMUNITY.  If the board finds that it is in the best interest of the district and that it is necessary to enable the district to enter into a contract to employ Mexican laborers, it may enter into a written contract to waive in advance the district's immunity from liability in damages for personal injuries and sickness which is proximately caused by torts of the district or negligence of agents or employees of the district and which is suffered by Mexican laborers employed by the district under the terms of the Migrant Labor Agreement of 1951 between the United States and Mexico or any subsequent agreement of a similar nature.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.241. Purpose

Sec. 55.241.  PURPOSE.  The powers granted to the district and its board under this subchapter are for the purpose of helping the district to maintain the purity of district water, to protect the preservation and use of the water, to protect the lives of persons who desire to go on, over, or across the water, and to insure the safety of persons using the water.
Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.242. Rules and Regulations

Sec. 55.242.  RULES AND REGULATIONS.  The board may make and adopt reasonable rules and regulations which are necessary
(1)  to preserve the sanitary condition of water controlled by the district;
(2)  to prevent waste or unauthorized use of water;  and
(3)  to regulate residence, boating, camping, and recreational and business privileges on any land or water owned or controlled by the district.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.243. Notice of Rules and Regulations

Sec. 55.243.  NOTICE OF RULES AND REGULATIONS.  (a)  Before a rule or regulation providing for a penalty may be effective, the district must publish a substantial statement of the rule or regulation and the penalty in one or more newspapers with general circulation in the district once a week for two consecutive weeks.
(b)  The published statement shall be as condensed as possible so that the object to be accomplished or the act which is forbidden by the rule or regulation can be easily understood.
(c)  The publication of notice may include notice of any number of rules and regulations.
(d)  The notice shall include a statement that the violation of a rule or regulation will subject the person who violates it to a penalty and that a complete copy of the rule or regulation is on file in the principal office of the district and may be inspected.
(e)  A rule or regulation shall be effective five days after the second publication of the notice, and ignorance of the rule or regulation does not constitute a defense to prosecution for enforcement of the penalty.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.244. Judicial Notice of Rules and Regulations

Sec. 55.244.  JUDICIAL NOTICE OF RULES AND REGULATIONS.  The courts shall take judicial notice of rules and regulations made and adopted under this subchapter.  The rules and regulations shall be considered to be similar in nature to valid penal ordinances of a city.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.245. Contracts for Toll Bridges and Ferry Services

Sec. 55.245.  CONTRACTS FOR TOLL BRIDGES AND FERRY SERVICES.  (a)  The board has the exclusive right to enter into a contract with any responsible person to construct and operate toll bridges over water regulated by the district or to provide ferry service or other means of passenger transportation on water regulated by the district.
(b)  A contract for construction and operation of a toll bridge may not extend for a period of more than 20 years and a contract providing for ferry service or other types of transportation may not extend for a period of more than 10 years.
(c)  The contract may provide for forfeiture of the franchise or rights granted for failure of the licensee or other contracting party to render adequate and safe public service.
Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.246. Bond

Sec. 55.246.  BOND.  The board shall require any person with whom it enters into a contract under Section 55.245 of this code to execute an adequate bond in an amount not to exceed $1,000, payable to the district and conditioned as the board requires.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.247. License, Franchise, and Fee

Sec. 55.247.  LICENSE, FRANCHISE, AND FEE.  (a)  Before a person may keep or operate for hire on district water a ferry or other type of transportation, the person must obtain a license or franchise from the board.
(b)  The board may fix the fee to be charged for the license or franchise in an amount not to exceed $250 a year, and shall fix the fee according to the type of boat used.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.248. Charges for Use of Toll Bridge Facilities and Ferry Service

Sec. 55.248.  CHARGES FOR USE OF TOLL BRIDGE FACILITIES AND FERRY SERVICE.  The board may fix a reasonable amount of compensation to be charged by the owner or operator of a toll bridge or a ferry service or other type of transportation service for use of the facilities.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.249. Regulating Boats

Sec. 55.249.  REGULATING BOATS.  (a)  The district may prescribe the type of boats to be used on district water to carry persons for hire and for recreational purposes and may require the owner of a boat to submit the boat at a reasonable time to inspection to determine if the boat is serviceable.
(b)  In an effort to protect the lives of the occupants of boats and persons using district water, the district may prescribe reasonable requirements for the use and manner in which they are used.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.250. Responsibilities of Boat Owners and Operators

Sec. 55.250.  RESPONSIBILITIES OF BOAT OWNERS AND OPERATORS.  (a)  The owner or operator of a boat used as a ferry or other type of transportation shall keep the boat and boat landings in good and safe condition.
(b)  The district is not liable for any negligent act or failure of duty on the part of the owner or operator of the boat.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.251. Peace Officers

Sec. 55.251.  PEACE OFFICERS.  The district may employ and constitute its own peace officers.  The peace officers may make arrests when necessary to prevent or abate the commission of an offense against the regulations of the district or state laws if the offense occurs or is about to occur on land or water owned or controlled by the district.  Arrests also may be made any place where an offense is being committed which involves injury or detriment to any property owned or controlled by the district.
Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter E. Regulatory Powers › Section 55.253. Injunction

Sec. 55.253.  INJUNCTION.  In addition to the penalties provided by this subchapter, the district may seek an injunction in a court of competent jurisdiction in the county in which district water is located to enforce the provisions of this subchapter and rules and regulations of the district.
Acts 1971, 62nd Leg., p. 451, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.332. Duties of the Engineer

Sec. 55.332.  DUTIES OF THE ENGINEER.  The engineer shall make a complete survey of the land included in the district and make a map and profile of the canals, laterals, reservoirs, dams, and pumping sites located in the district and extending beyond the limits of the district.
Acts 1971, 62nd Leg., p. 453, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.333. Maps

Sec. 55.333.  MAPS.  (a)  The map shall show the name and number of each survey and the area in the district in number of acres.
(b)  The map shall show the relation that each canal and lateral bears to each tract of land through which it passes and the shapes into which it divides each tract.  If the canal or lateral cuts off any less than 20 acres from any tract, the map shall show the number of acres in the whole tract and the shape of the small tract and its relationship to the canal or lateral.
(c)  The map shall show how much and what part of each tract can be irrigated by the canal or lateral.
(d)  The profile map shall also show in detail the number of cubic yards which need to be excavated or moved to make the reservoir, canal, or lateral, and the specifications for other works necessary to the construction of improvements proposed for the district, and the estimated cost of each.
Acts 1971, 62nd Leg., p. 453, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.334. Adopting Old Surveys

Sec. 55.334.  ADOPTING OLD SURVEYS.  (a)  The engineer may adopt any surveys made in the past by any person who has applied for or appropriated any water for irrigation under state law.
(b)  The engineer also may adopt any surveys for canals, laterals, reservoirs, dams, or pumping sites shown on these maps or plats or may adopt other maps, plats, and surveys which he is satisfied are correct.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.335. Additional Improvements

Sec. 55.335.  ADDITIONAL IMPROVEMENTS.  If additional improvements of canals, ditches, laterals, reservoirs, or pumping plants are to be constructed, the report shall contain the detailed information with reference to these additional improvements.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.336. Existing Improvements

Sec. 55.336.  EXISTING IMPROVEMENTS.  If the district contains any pumping plants, canals, dams, ditches, or reservoirs which the district is planning to acquire or purchase, the map or plat and the estimates required in this subchapter shall show these improvements and the price or probable price at which they may be acquired or purchased.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.337. Signing and Filing Engineer's Report, Map, and Profile

Sec. 55.337.  SIGNING AND FILING ENGINEER'S REPORT, MAP, AND PROFILE.  After the map, profile, specifications, and estimates are completed, the engineer shall sign them and file them with the secretary of the board.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter G. District Survey › Section 55.338. Maps and Data Unnecessary Under Contract With United States

Sec. 55.338.  MAPS AND DATA UNNECESSARY UNDER CONTRACT WITH UNITED STATES.  None of the maps and data prescribed by this subchapter are required under a contract with the United States except for maps and data needed to make assessments and levies.
Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.351. Statement Estimating Water Requirements and Payment of Charge

Sec. 55.351.  STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT OF CHARGE.  (a)  If required by the board, each person desiring to receive irrigation water at any time during the year shall furnish the secretary of the board a written statement of the acreage the person intends to irrigate and the different crops the person intends to plant with the acreage of each crop.
(b)  At the time the acreage estimate is furnished to the secretary, each person applying for water shall pay the portion of the water charge or assessment set by the board for immediate payment.
(c)  If a person applying for water from the district does not furnish the statement of estimated acreage or does not pay the part of the water charge or assessment set by the board before the date for fixing the assessment, the district is not obligated to furnish water to that person during that year.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 15, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.352. Board's Estimate of Maintenance and Operating Expenses

Sec. 55.352.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING EXPENSES.  The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and operating the district's water delivery system for the next 12 months.  The board may change the 12-month period for which it estimates the expenses of maintaining and operating the water delivery system by estimating such expenses for a shorter period so as to adjust to a new fixed date and thereafter estimating the expenses for 12-month periods following the adjusted fixed date.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 16, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.353. Methods for Determining Maintenance and Operating Expenses

Sec. 55.353.  METHODS FOR DETERMINING MAINTENANCE AND OPERATING EXPENSES.  The board may make assessments for maintenance and operating expenses as provided in this subchapter on the basis of the quantity of water used.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.354. Distribution of Assessment

Sec. 55.354.  DISTRIBUTION OF ASSESSMENT.  (a)  The board by order shall allocate a portion  of the estimated maintenance and operating expenses that shall be paid by assessment against all land in the district to which the district can furnish irrigation water through its water delivery system or through an extension of its water delivery system.  This assessment shall be levied against all irrigable land in the district on a per acre basis, whether or not the land is actually irrigated.
(b)  The board shall determine from year to year the proportionate amount of the expenses which will be borne by all water users receiving water delivery from the district.
(c)  The remainder of the estimated expenses shall be paid by assessments, charges, fees, rentals, or deposits required of persons in the district who use or who make application to use water and other charges approved by the board.  The board shall prorate the remainder among the applicants for irrigation water and may consider:
(1)  the acreage each applicant will plant, the crop the applicant will grow, and the amount of water per acre used for irrigation purposes; and
(2)  other factors deemed appropriate by the board with respect to water used for other nonirrigation uses.
(d)  All persons using irrigation water to plant the same crop will pay the same price per acre for the water.
(e)  A landowner of irrigable land in the district or a user of water delivered by the district for any purpose other than irrigation who disputes all or a part of a board order that determines the amount of an assessment, charge, fee, rental, or deposit may file a petition under Section 11.041.  That petition filed with the commission is the sole remedy available to a landowner or user of water described by this subsection.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 17, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.355. Notice of Assessments

Sec. 55.355.  NOTICE OF ASSESSMENTS.  (a)  Public notice of all assessments imposed under Section 55.354(a) shall be given by posting printed notice of the assessment in at least one public place in the district.
(b)  Not later than the fifth day before the date on which the assessment is due, notice shall be mailed to each landowner at the address which the landowner shall furnish to the board.
(c)  Notice of special assessments shall be given within 10 days after the assessment is levied.
Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.356. Payment of Assessments

Sec. 55.356.  PAYMENT OF ASSESSMENTS.  (a)  All assessments imposed under Section 55.354(a) shall be paid in installments at the times fixed by the board.
(b)  If a crop for which water was furnished by the district is harvested before the due date of any installment payment, the entire unpaid assessment becomes due at once and shall be paid within 10 days after the crop is harvested and before the crop is removed from the county or counties in which it was grown.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 19, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.357. Collection of Assessments by Tax Assessor and Collector

Sec. 55.357.  COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND COLLECTOR.  (a)  Under the direction of the board, the assessor and collector of taxes, or other person designated by the board, shall collect all assessments imposed under Section 55.354(a) for maintenance and operating expenses made under the provisions of this subchapter.
(b)  The assessor and collector of taxes shall give bond in an amount determined by the board, conditioned upon the faithful performance of the duties of the assessor and collector and accounting for all money collected.
(c)  The assessor and collector of taxes shall keep an account of all money collected and shall deposit the money as collected in the district depository.  The assessor and collector shall file with the secretary of the board a statement of all money collected once each month.
(d)  The assessor and collector shall use duplicate receipt books, give a receipt for each collection made, and retain in the book a copy of each receipt, which shall be kept as a record of the district.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 20, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.358. Contracts With Person Using Irrigation Water

Sec. 55.358.  CONTRACTS WITH PERSON USING IRRIGATION WATER.  (a)  The board may require each person who desires to use irrigation water during the year to enter into a contract with the district which states the acreage to be irrigated, the crops to be planted, the amount to be paid for the water, and the terms of payment.
(b)  The contract is not a waiver of the lien given to the district under Section 55.359 against the crops of a person using irrigation water for the service furnished to the person.
(c)  If a person irrigates more acreage than the person's contract specifies, the person shall pay for the additional service.
(d)  The directors also may require a person using irrigation water to execute a negotiable note or notes for all or part of the amount owed under the contract.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.359. Lien Against Crops

Sec. 55.359.  LIEN AGAINST CROPS.  (a)  The district shall have a first lien, superior to all other liens, against all crops grown on a tract of land in the district to secure the payment of an assessment imposed against the tract under Section 55.354(a), interest, and collection or attorney's fees.
(b)  When the district obtains a water supply under contract with the United States, the board may, by resolution entered in their minutes and with the consent of the secretary of the interior, waive the lien in whole or in part.
(c)  If the crops against which the district has a lien under this section are cultivated on a basis other than annual replanting, the owner of the crops shall record with the county clerk of the county where the land on which the crops are cultivated is located a legally sufficient description of the land, including a metes and bounds description or a plat reference.
Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 22, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.360. List of Delinquent Assessments

Sec. 55.360.  LIST OF DELINQUENT ASSESSMENTS.  Assessments imposed under Section 55.354(a) not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall keep posted in a public place in the district a correct list of all delinquent assessments.  If a person who owes an assessment has executed a note and contract as provided in Section 55.358, the person may not be placed on the delinquent list until after the maturity of the note and contract.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.361. Water Service Discontinued

Sec. 55.361.  WATER SERVICE DISCONTINUED.  (a)  If a landowner fails or refuses to pay any water assessment or a person fails to pay a charge, fee, rental, or deposit imposed under this chapter or Chapter 49 when due, the landowner's or person's water supply shall be cut off, and no water shall be furnished to the land until all back assessments or other amounts owed to the district are fully paid.  The discontinuance of water service is binding on all persons who own or acquire any interest in land for which assessments or other amounts owed to the district are due.
(b)  A landowner or person whose water service has been discontinued under Subsection (a) may request that the board reconsider the discontinuance related to a charge, fee, rental, deposit, or penalty, and may not request that the board reconsider a discontinuance related to an assessment.  If the board declines to reconsider the discontinuance, the landowner or person may file a petition under Section 11.041.  That petition filed with the commission is the sole remedy available to a landowner or person described by this subsection.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 24, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.362. Suits for Delinquent Assessments

Sec. 55.362.  SUITS FOR DELINQUENT ASSESSMENTS.  Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the irrigation district is located or in the county in which the defendant resides.  All landowners are personally liable for all assessments imposed under Section 55.354(a).
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 25, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.363. Interest and Collection Fees

Sec. 55.363.  INTEREST AND COLLECTION FEES.  (a)  All assessments imposed under Section 55.354(a) shall bear interest from the date payment is due at the rate of 15 percent a year.  Assessments not paid by the first day of the month following the date payment is due are delinquent, and a penalty of up to 15 percent of the amount of the past-due assessment shall be added to the amount due.
(b)  If suit is filed to foreclose a lien on crops or if a delinquent assessment is collected by an attorney before or after suit, an additional amount of 15 percent on the unpaid assessment, penalty, and interest shall be added as collection or attorney's fees.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 26, eff. September 1, 2013.
Sec. 55.364.  RIGHTS OF THE UNITED STATES.  If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to enforce payment of charges due to the United States.  The Reclamation Extension Act, approved August 13, 1914, and as amended, and all other federal reclamation laws apply.  The directors shall distribute and apportion all water acquired by the district under a contract with the United States in accordance with acts of Congress, rules and regulations of the secretary of the interior, and provisions of the contract.
Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.365. Surplus Assessments

Sec. 55.365.  SURPLUS ASSESSMENTS.  If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to the next year.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.366. Insufficient Assessments

Sec. 55.366.  INSUFFICIENT ASSESSMENTS.  If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed, pro rata, in accordance with the assessments made for the current year.  The additional assessments shall be paid under the same conditions and penalties within 30 days from the date of assessment.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.367. Land Not Subject to Assessments

Sec. 55.367.  LAND NOT SUBJECT TO ASSESSMENTS.  If a district fails to furnish sufficient water to irrigate land in the district for two years after its organization, the nonirrigated land is relieved of all assessments and charges except taxes until the district constructs the necessary canals and furnishes the necessary water to irrigate the land.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.368. Loans for Maintenance and Operating Expenses

Sec. 55.368.  LOANS FOR MAINTENANCE AND OPERATING EXPENSES.  The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may pledge as security any of its notes or contracts with water users or accounts against them.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.369. Fixed Charges for Maintenance Expenses

Sec. 55.369.  FIXED CHARGES FOR MAINTENANCE EXPENSES.  If maintenance charges are based on the quantity of water used, a fixed charge may be made on all land or water connections entitled to receive and use water.  An additional charge may be made, or a graduated scale adopted, for the use of more water than that covered by the minimum charge.  The board may install proper measuring devices.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.370. Charge to Cities and Towns

Sec. 55.370.  CHARGE TO CITIES AND TOWNS.  If a district includes a city or town or contracts with a city or town to supply water to it, the charge for the use of water and the time and manner of payment shall be determined by a standing order of the board.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter H. Water Assessments › Section 55.371. Authority to Determine Rules and Regulations

Sec. 55.371.  AUTHORITY TO DETERMINE RULES AND REGULATIONS.  The directors may adopt, alter, and rescind rules, regulations, and standing and temporary orders which do not conflict with the provisions of this chapter and which govern:
(1)  methods, terms and conditions of water service;
(2)  applications for water;
(3)  assessments for maintenance and operation;
(4)  payment and the enforcement of payment of the assessments;
(5)  furnishing of water to persons who did not apply for it before the date of assessment;  and
(6)  furnishing of water to persons who wish to take water for irrigation in excess of their original applications or for use on land not covered by their original applications.
Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.401. Authority of Districts With Military Base to Issue Bonds

Sec. 55.401.  AUTHORITY OF DISTRICTS WITH MILITARY BASE TO ISSUE BONDS.  Any district operating under Article XVI, Section 59, of the Texas Constitution, which contains all or part of a United States military camp or base may issue negotiable revenue bonds to provide funds for acquiring or constructing filtration and pumping equipment, pipelines, and other facilities for supplying water to military camps or bases.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.402. Bond Election

Sec. 55.402.  BOND ELECTION.  The district may issue negotiable revenue bonds with a total par value of not more than $100,000 without the necessity of holding an election, but it may not issue bonds with a total par value of more than $100,000 unless the bond issue is approved at an election held under the law governing bond elections.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.403. Interest Rate and Maturity Date

Sec. 55.403.  INTEREST RATE AND MATURITY DATE.  Bonds issued under this subchapter shall mature not more than five years after the date of issuance.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.404. Security for Bonds

Sec. 55.404.  SECURITY FOR BONDS.  (a)  Bonds issued under this subchapter may be secured by all or part of the net revenue to be received from a contract for the sale of water by the district to the United States for use at military camps or bases and from all renewals, extensions, or substitutions of the contract.
(b)  In addition, the bonds may be secured by a deed of trust lien on the equipment, facilities, and property acquired or constructed with the funds from the sale of the bonds.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.405. Approval; Registration

Sec. 55.405.  APPROVAL;  REGISTRATION.  After bonds are authorized under this subchapter but before they are issued, the bonds, the resolution of the board authorizing the bonds to be issued, and other certificates and records relating to the issuance of the bonds shall be submitted to the Attorney General of Texas for his examination.  The attorney general shall approve the bonds if they are issued in accordance with the provisions of this subchapter and the constitution, and the bonds shall be registered with the comptroller.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.406. Validity of Bonds

Sec. 55.406.  VALIDITY OF BONDS.  After bonds are approved by the attorney general and registered with the comptroller, they shall be held valid and binding in any action, suit, or proceeding in which their validity is questioned.  In any action brought to enforce collection of the bonds, the certificate of approval by the attorney general, or a certified copy of the certificate, shall be admitted as evidence of the validity of the bonds.  The only defense which can be offered against the validity of the bonds is forgery or fraud.
Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.407. Payment of Bonds

Sec. 55.407.  PAYMENT OF BONDS.  The holder of bonds issued under the provisions of this subchapter is not entitled to payment of the bonds from funds derived from taxes levied on property in the district.
Acts 1971, 62nd Leg., p. 460, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter I. Supplying Water to Military Camps › Section 55.408. Advertising for Bids

Sec. 55.408.  ADVERTISING FOR BIDS.  A contract for constructing or acquiring filtration and pumping equipment, pipelines, or other facilities to supply water to military camps or bases may be awarded only after advertising for bids for a period of time to be determined by the board.  The advertisement for bids shall be published in a newspaper of general circulation in the district at least one time not less than 10 days before awarding the contract.
Acts 1971, 62nd Leg., p. 460, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter J. General Fiscal Provisions › Section 55.421. Construction and Maintenance Fund

Sec. 55.421.  CONSTRUCTION AND MAINTENANCE FUND.  The expenses, debts, and obligations incurred in creating, establishing, and maintaining the district shall be paid from the construction and maintenance fund.  The construction and maintenance fund shall consist of money received by the district from the sale of bonds or from other sources provided by this chapter.
Acts 1971, 62nd Leg., p. 460, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter J. General Fiscal Provisions › Section 55.422. Maintenance and Operating Fund

Sec. 55.422.  MAINTENANCE AND OPERATING FUND.  (a)  The district shall create a maintenance and operating fund which shall consist of any money collected by assessment or other methods for the maintenance and operation of property owned by the district and for temporary rent owed to the United States.
(b)  The district shall pay all operating expenses and any balance due on construction work, extensions, and improvements from the maintenance and operating fund with warrants executed in the manner provided in this chapter.
(c)  If the district intends to enter into a contract with the United States for the construction of the irrigation system, the expenses, debts, and obligations may be paid from the maintenance and operating fund.
Acts 1971, 62nd Leg., p. 460, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter K. Borrowing Money › Section 55.452. Adopting Method for Payment of Debts

Sec. 55.452.  ADOPTING METHOD FOR PAYMENT OF DEBTS.  (a)  When a district incurs a debt or obligation, it shall provide for payment of the debt or obligation by levying, assessing, and collecting either a general ad valorem tax or a tax on a benefit basis.
(b)  Any district which has previously issued bonds or obligations payable on either basis may adopt a different basis of taxation in the creation of an additional debt or obligation.
(c)  Each debt or obligation shall be paid in the manner provided at the time it was incurred.
Acts 1971, 62nd Leg., p. 462, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter K. Borrowing Money › Section 55.454. Incurring Debt Without Voter Approval

Sec. 55.454.  INCURRING DEBT WITHOUT VOTER APPROVAL.  None of the provisions of this subchapter shall prevent the board from creating any debt or obligation without voter approval if the debt or obligation is created to defray ordinary maintenance and operating expenses or if the debt or obligation is to be retired from current revenues.
Acts 1971, 62nd Leg., p. 463, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter K. Borrowing Money › Section 55.455. Taxes on Uniform Basis

Sec. 55.455.  TAXES ON UNIFORM BASIS.  (a)  Any district which has the principal function of furnishing water for irrigation in the district may provide for the payment of principal and interest on any debts or obligations by levying taxes on land in the district on an equal or uniform basis with an equal charge per acre on each acre of land to be irrigated.
(b)  The tax collector shall prepare a special tax roll showing each tract of land in the district, the number of acres in each tract, the total assessment of benefits on each tract, and the amount to be paid each year on each tract, and the roll shall be prepared or amended annually.
(c)  The tax roll shall be examined, corrected, and approved by the board.
(d)  The tax roll shall be prepared at the time and in the manner provided in the Property Tax Code.  The valuation fixed on property shall be the assessment charge against each acre of land at the time the debt or obligation is incurred.
Acts 1971, 62nd Leg., p. 463, 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 55 - Water Improvement Districts › Subchapter K. Borrowing Money › Section 55.456. Obtaining Loan When Bonds Cannot Be Sold

Sec. 55.456.  OBTAINING LOAN WHEN BONDS CANNOT BE SOLD.  If the district has any bonds which were issued under the provisions of this code but which cannot, in the opinion of the board, be sold on terms which are advantageous to the district, the district may obtain a loan in an amount of not more than the amount of the unsold bonds.  The money may be used for any of the purposes for which the bonds were issued, and the bonds may be pledged as a guarantee or assurance that the loan will be paid.  The amount of bonds pledged may not exceed the amount of the loan by more than 15 percent.
Acts 1971, 62nd Leg., p. 463, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter K. Borrowing Money › Section 55.457. Using Revenue From Sale of Water, Power, and Other Services to Pay Debts

Sec. 55.457.  USING REVENUE FROM SALE OF WATER, POWER, AND OTHER SERVICES TO PAY DEBTS.  (a)  The district may fix charges for the use and sale of water, power, and other services to pay debts and to accomplish other lawful purposes of the district.
(b)  The district may borrow money for any purpose in the manner provided in this subchapter and pledge for payment of these debts, income and revenue from the sale of water, power, and other services sufficient in amount to pay principal, interest, and other charges which may accrue.
Acts 1971, 62nd Leg., p. 463, ch. 58, Sec. 1, eff. Aug. 30, 1971.