reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.665. Hearing

Sec. 55.665.  HEARING.  (a)  At or before the hearing on the commissioners' report, an owner of land which is affected by the report or the reclamation plans may file exceptions to all or part of the report.
(b)  At the hearing, the commissioners shall hear and form opinions on the objections submitted and for the objections which are sustained, the commissioners may make necessary changes and modifications in the report.
Acts 1971, 62nd Leg., p. 486, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.666. Witnesses at the Hearing

Sec. 55.666.  WITNESSES AT THE HEARING.  At the hearing, interested parties not only may appear in person or by attorney, but are entitled, on demand, to have the chairman of the commissioners issue process for witnesses.  The commissioners shall have the same power as a court of record to enforce the attendance of witnesses.
Acts 1971, 62nd Leg., p. 486, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.667. Costs of Hearing

Sec. 55.667.  COSTS OF HEARING.  The commissioners may adjudge and apportion the cost of the hearing in any manner they consider equitable.
Acts 1971, 62nd Leg., p. 487, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.668. Commissioners' Decree

Sec. 55.668.  COMMISSIONERS' DECREE.  (a)  After the commissioners have made a final decision based on the hearing, they shall issue a decree confirming their report insofar as it remains unchanged, and shall approve and confirm changes in the report.
(b)  The final decree and judgment of the commissioners shall be entered in the minutes of the board, and certified copies shall be filed with the county clerk of each county in which part of the district is located and shall be notice to all persons of the contents and purpose of the decree.
(c)  The findings of the commissioners which relate to benefits and damages to land and other property in the district are final and conclusive.
Acts 1971, 62nd Leg., p. 487, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 71, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.669. Effect of Final Judgment and Decree

Sec. 55.669.  EFFECT OF FINAL JUDGMENT AND DECREE.  The final judgment and decree of the commissioners shall form the basis for all taxation in the district.  Taxes shall be apportioned and levied on each tract of land and other real property in the district in proportion to the net benefits to the land or other property stated in the final judgment and decree.
Acts 1971, 62nd Leg., p. 487, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.670. Fixing Tax as Equal Sum on Each Acre

Sec. 55.670.  FIXING TAX AS EQUAL SUM ON EACH ACRE.  At the election at which the plan of taxation is determined or at any other time before the bonds are issued, the voters of a district which is not operating under a contract with the United States may vote on the proposition of whether or not benefits for tax purposes shall be fixed as an equal sum on each acre of land that is irrigated or to be irrigated by gravity flow from the canal system of the district.  The benefit per acre shall be voted on as it is applied to land in the district that can be irrigated by gravity flow from the irrigation system and also the benefit to land in the district that cannot be irrigated by gravity flow.
Acts 1971, 62nd Leg., p. 487, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.671. Election

Sec. 55.671.  ELECTION.  (a)  If the board desires to submit the question of whether or not to adopt the method of assessing benefits provided in Section 55.670 of this code, it shall order an election to be held in the district and shall submit the proposition in the manner provided for other district elections.
(b)  The ballots for the election shall be printed to provide for voting for or against:  "Uniform assessment of benefits of $______ per acre on all irrigable land in the district, and the assessment of $______ per acre on all nonirrigable land in the district."
(c)  The board shall determine the amounts which shall fill the spaces in the proposition.  The amount of charge per acre may be found by dividing the number of acres of land into the amount of debt to be incurred by the district in providing for irrigation.
(d)  If a majority of the persons voting in the election vote in favor of the proposition, it shall be adopted.
Acts 1971, 62nd Leg., p. 487, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.672. Excluding Nonirrigable Land From District

Sec. 55.672.  EXCLUDING NONIRRIGABLE LAND FROM DISTRICT.  If the owner of land which is classed as nonirrigable under the uniform acreage valuation objects to the amount of charges fixed against him by the order calling the election or by the result of the election, he may have his nonirrigable land excluded from the district by filing an application for exclusion as provided by law within 10 days after the election is held.
Acts 1971, 62nd Leg., p. 488, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.673. Setting Annual Value of Land Unnecessary

Sec. 55.673.  SETTING ANNUAL VALUE OF LAND UNNECESSARY.  If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all land in the district, and it is not necessary to annually fix the value of the land.  It is also unnecessary for the board to appoint a commission to ascertain or fix the value of the improvement to particular land.
Acts 1971, 62nd Leg., p. 488, 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 N. Taxation on a Benefit Basis › Section 55.674. Preparing Tax Rolls

Sec. 55.674.  PREPARING TAX ROLLS.  (a)  The board shall examine the tax rolls to determine if all property subject to taxation appears on the tax rolls under the proper classification.  The board shall add to the tax roll any property which was left off and shall examine, correct, and certify the tax roll.
(b)  Any property owner may protest to the board that his property has not been properly classified.  The board shall consider the protest, hear evidence, and enter its findings in the minutes.
Acts 1971, 62nd Leg., p. 488, 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 N. Taxation on a Benefit Basis › Section 55.676. Law Governing Administration of Benefit Tax Plan

Sec. 55.676.  LAW GOVERNING ADMINISTRATION OF BENEFIT TAX PLAN.  In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by the law relating to ad valorem taxes to the extent applicable.
Acts 1971, 62nd Leg., p. 488, 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 N. Taxation on a Benefit Basis › Section 55.677. Irrigating Nonirrigable Land

Sec. 55.677.  IRRIGATING NONIRRIGABLE LAND.  If land which is classed as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay to the district an amount equal to the entire amount that would have been charged to the owner if the land had been originally classed as irrigable.
Acts 1971, 62nd Leg., p. 488, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.721. Exclusion of Nonagricultural and Nonirrigable Land From District

Sec. 55.721.  EXCLUSION OF NONAGRICULTURAL AND NONIRRIGABLE LAND FROM DISTRICT.  Land located in the district which is classified as nonagricultural and nonirrigable may be excluded from the district in the manner provided in Subchapter J, Chapter 49.
Acts 1971, 62nd Leg., p. 490, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 26, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.750. Consolidation of Districts

Sec. 55.750.  CONSOLIDATION OF DISTRICTS.  Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 55.751-55.754.
Acts 1971, 62nd Leg., p. 495, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.751. Elections to Approve Consolidation

Sec. 55.751.  ELECTIONS TO APPROVE CONSOLIDATION.  (a)  After the directors of each district have agreed upon the terms and conditions of consolidation, they shall order an election in each district to determine whether the districts should be consolidated.
(b)  The directors of each district shall order an election to be held on the same day in each district and shall give notice of the election for at least 20 days in the manner provided by law for other elections.
(c)  The districts may be consolidated only if the electors in each district vote in favor of the consolidation.
Acts 1971, 62nd Leg., p. 495, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.752. Governing Consolidated Districts

Sec. 55.752.  GOVERNING CONSOLIDATED DISTRICTS.  (a)  When two or more districts are consolidated, they become one district, except for the payment of debts created prior to consolidation, and are governed as one district.
(b)  During a period of 90 days after the date of the election to approve consolidation, the officers of each district shall continue to act jointly as officers of the district to wind up the affairs of their respective districts.
(c)  The consolidation agreement may provide that the officers of the original districts shall continue to act jointly as officers of the consolidated district until the next election or name persons to serve as officers of the consolidated district until the next election if all officers of the original districts agree to resign.
(d)  New officers of the consolidated district must qualify as officers of the district within the period of 90 days after the election and shall assume their offices at the expiration of the 90-day period.
(e)  The current boards shall approve the bond of each new officer.
Acts 1971, 62nd Leg., p. 495, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.753. Debts of Original Districts

Sec. 55.753.  DEBTS OF ORIGINAL DISTRICTS.  (a)  When two or more districts are consolidated, the debts of the original districts are protected and are not impaired.
(b)  These debts may be paid by taxes or assessments levied on the land in the original district as if it had not consolidated or contributions from the consolidated district on terms stated in the consolidation agreement.
Acts 1971, 62nd Leg., p. 496, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.754. Taxes of the Original District

Sec. 55.754.  TAXES OF THE ORIGINAL DISTRICT.  (a)  After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by the original district.
(b)  If the officers of the consolidated district fail or refuse in due time to assess and collect taxes on property in the original district to pay the obligations of the original district, the taxes may be assessed and collected and paid on the obligations by a receiver acting under orders of a district court.  A creditor or five or more taxpayers in the district may bring suit in a district court to have a receiver appointed.
Acts 1971, 62nd Leg., p. 496, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter O. Adding and Excluding Territory, and Consolidating Districts › Section 55.755. Exclusion of Certain Nonirrigated Land

Sec. 55.755.  EXCLUSION OF CERTAIN NONIRRIGATED LAND.  If a district is principally engaged in providing water for agricultural irrigation or the primary purpose of the district is to provide water for agricultural irrigation, the board may exclude from the district land that is not being irrigated as provided by Sections 51.759 through 51.766.  This section applies only to land that is eligible for exclusion under Section 51.759.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter P. Dissolution of District › Section 55.801. Failure to Function

Sec. 55.801.  FAILURE TO FUNCTION.  Subject to the provisions of Sections 50.251-50.256 of this code, if any district does not begin to acquire the necessary canals, ditches, flumes, laterals, reservoirs, sites, damsites, pumping plants, or other things necessary to the successful operation of the district or does not diligently pursue the purposes for which it was created within two years after its organization, the district may be dissolved without formal action.
Acts 1971, 62nd Leg., p. 496, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter P. Dissolution of District › Section 55.802. Rights of Debtors if District Failed to Function

Sec. 55.802.  RIGHTS OF DEBTORS IF DISTRICT FAILED TO FUNCTION.  Any person with an interest in the district or a debt owed by the district may collect the debt in the manner provided for the collection of a debt due by any person, association of persons, or corporation.  A court of competent jurisdiction may render judgment making the debt a lien against the property of the district and providing for the payment of the debt and judgment in the manner that a judgment for debt is enforced against a city or town that has been dissolved.
Acts 1971, 62nd Leg., p. 496, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter P. Dissolution of District › Section 55.803. Dissolution Using Procedure for Organization of Districts

Sec. 55.803.  DISSOLUTION USING PROCEDURE FOR ORGANIZATION OF DISTRICTS.  If all debts and obligations of the district have been paid and discharged, a district may dissolve voluntarily by the same vote and in the same manner provided in this chapter for the organization of districts.  The election shall be held in the manner provided in this chapter for holding elections in the district.
Acts 1971, 62nd Leg., p. 496, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter P. Dissolution of District › Section 55.804. Dissolution Using Procedure for Abolition of Districts in Chapter 56

Sec. 55.804.  DISSOLUTION USING PROCEDURE FOR ABOLITION OF DISTRICTS IN CHAPTER 56.  A district may dissolve voluntarily in the manner provided for the dissolution of districts in Chapter 56 of this code, and the provisions in that chapter shall control the abolition of the district and the legal consequences of abolition.
Acts 1971, 62nd Leg., p. 497, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter P. Dissolution of District › Section 55.805. Payment of Debts on Dissolution of District

Sec. 55.805.  PAYMENT OF DEBTS ON DISSOLUTION OF DISTRICT.  (a)  All debts of districts dissolved under the provisions for the dissolution of districts in this subchapter shall be prorated against the lands in the district in accordance with the assessed valuation for the preceding year of the lands owned by each separate landowner, according to the tax rolls in the office of the tax collector of the county in which the land is located.
(b)  The pro rata assessments shall be paid within five years from the date of dissolution in five equal annual installments or at any time within the five-year period.
(c)  Any allowed claim owned by a landowner against whom a pro rata assessment has been made shall be credited on the liquidation of the assessment.  All prior payments made by any landowner of the dissolved district shall be credited on the assessment against him and his land.
(d)  The issuance of a receipt for the payment of the assessment by the proper official as provided in Chapter 56 of this code shall release the owner of the assessments and his land from the liens.  The receipts may be recorded in the real estate records of the county or counties in which the land of the owner is located.
(e)  When the assessment has been paid, the landowner is released automatically from the debt, and his land is released from all liens existing as security for the assessment.
Acts 1971, 62nd Leg., p. 497, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter A. General Provisions › Section 56.001. Definitions

Sec. 56.001.  DEFINITIONS.  In this chapter:
(a)  "District" means any drainage district organized under this chapter.
(b)  "Board" means the governing body of a drainage district.
(c)  "Commissioners court" means the commissioners court of the county in which the district is organized.
Acts 1971, 62nd Leg., p. 497, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.011. Creation of District

Sec. 56.011.  CREATION OF DISTRICT.  A drainage district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52, of the Texas Constitution, or under Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.012. Name of Each District

Sec. 56.012.  NAME OF EACH DISTRICT.  The name of each district shall include the name of the county in which it is located and each district shall be numbered in consecutive order.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.013. Area Included in a District

Sec. 56.013.  AREA INCLUDED IN A DISTRICT.  A district may include all or part of any village, town, or municipal corporation, but land included in one district may not be included in any other drainage district.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.014. Petition

Sec. 56.014.  PETITION.  (a)  Any person may present a petition to the commissioners court requesting the creation of a district.  The petition shall be signed by at least 25 of the resident freehold taxpayers of the proposed district, or by at least one-third of the resident freehold taxpayers of the district if there are less than 75 of them, whose land might be affected by creation of the district.
(b)  The petition shall state:
(1)  the necessity, public utility, and feasibility of the proposed district;
(2)  the proposed boundaries of the district;  and
(3)  the proposed name for the district.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.015. Deposit

Sec. 56.015.  DEPOSIT.  (a)  Any person filing a petition shall deposit with the clerk of the commissioners court cash, in an amount to be determined by the county election officer, which shall be held by the clerk until the result of the election to create the district and issue bonds is officially announced.
(b)  If the result of the election favors creating the district, the clerk shall return the deposit to the petitioners or their agent or attorney, but if the result of the election is against the creation of the district, the clerk shall pay the cost and expenses of the election from the deposit with vouchers signed by the county judge and return the balance of the deposit to the petitioners or their agent or attorney.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.016. Time of Hearing

Sec. 56.016.  TIME OF HEARING.  At the same meeting at which the petition is presented, the commissioners court shall schedule a hearing on the petition at a regular or special meeting of the commissioners court.  The hearing must be held during the period beginning on the 30th day and ending with the 60th day after the day the petition is presented.
Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.017. Notice

Sec. 56.017.  NOTICE.  (a)  The commissioners court shall order the clerk to give notice of the time and place of the hearing on the petition by posting a copy of the petition and order of the commissioners court during the 20-day period immediately preceding the day of the hearing in five public places in the county.  The clerk shall post one of the copies at the courthouse door and the four other copies within the boundaries of the proposed district.
(b)  The clerk is entitled to receive five cents a mile for each mile necessarily traveled in posting the notices.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.018. Hearing on the Petition

Sec. 56.018.  HEARING ON THE PETITION.  At the hearing on the petition, any person whose land would be affected by creating the district may appear before the commissioners court and may contest the creation of the district or contend for its creation.  The person may offer testimony to show that the district is or is not necessary and would or would not be a public utility and that creating the district would or would not be feasible or practicable.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.019. Findings

Sec. 56.019.  FINDINGS.  (a)  At the hearing on the petition, if it appears to the commissioners court that drainage of the proposed district is feasible and practicable and is needed and would be conducive to public health or would be a public benefit or a public utility, the commissioners court shall make findings to this effect.
(b)  If the commissioners court finds any of the issues in Subsection (a) of this section in the negative, it shall dismiss the petition at the cost of the petitioners.
(c)  The findings of the commissioners court shall be recorded.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.020. Engineer

Sec. 56.020.  ENGINEER.  (a)  If the findings of the commissioners court under Section 56.019 of this code favor creating the district, the commissioners court shall appoint a competent civil engineer, who shall be entitled to as many assistants as necessary.
(b)  The engineer and his assistants are entitled to the compensation and allowances for transportation, supplies, and other expenses agreed on by the engineer and the commissioners court.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.021. Engineer's Bond

Sec. 56.021.  ENGINEER'S BOND.  The engineer shall execute a bond for $500 with two or more sureties approved by the commissioners court, payable to the county judge for the use and benefit of the district, conditioned on the faithful performance of his duties under this chapter.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.022. Survey and Preliminary Plans

Sec. 56.022.  SURVEY AND PRELIMINARY PLANS.  (a)  Within the time prescribed by the commissioners court, the engineer shall make a careful survey of the land proposed to be drained and protected by levees.  For the purposes of the survey, the engineer may go on land located inside or outside the district, including land located in a different county.
(b)  The engineer shall obtain information regarding land and outlets inside the proposed district from the Texas Natural Resource Conservation Commission and from other sources, and he shall cooperate with the Texas Natural Resource Conservation Commission in the discharge of its duties.
(c)  The engineer shall use the survey to make preliminary plans:
(1)  locating approximately the necessary canals, drains, ditches, laterals, and levees;
(2)  designating the streams and bayous necessary to be cleaned, deepened, and straightened;
(3)  estimating the cost in detail of each contemplated improvement;  and
(4)  estimating the probable annual cost of maintaining the improvements.
(d)  The engineer shall ascertain and procure proper and necessary outlets for the proposed canals, drains, and ditches necessary to drain the district.
(e)  The engineer shall immediately make a report of his work to the commissioners court.
Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 29, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.146, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.331, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.023. Map

Sec. 56.023.  MAP.  (a)  The engineer shall include with his report a map showing:
(1)  the beginning point and outlets of canals, drains, ditches, and laterals;
(2)  the length, width, depth, and slopes of the banks of any cut or excavation and the estimated number of cubic yards of earth necessary to be removed from each;  and
(3)  the location and size of levees and the estimated number of cubic yards of earth necessary to construct them.
(b)  The engineer will comply sufficiently with Subsection (a) of this section if he describes the boundaries and provides the other information required by that subsection on a copy of the official land office map of the county in which the proposed district is located.
Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.024. Hearing on Preliminary Report

Sec. 56.024.  HEARING ON PRELIMINARY REPORT.  (a)  At the first regular or special meeting of the commissioners court after the engineer files his preliminary report with the clerk, the commissioners court shall schedule the report for hearing at a regular or special meeting, which must be held during the period beginning on the 20th day and ending with the 30th day after the day the commissioners court schedules the hearing.
(b)  The clerk shall post notice of the hearing on the preliminary report in the manner provided in Section 56.017 of this code.
(c)  At the hearing, any resident or nonresident freehold taxpayer whose land may be affected by the improvements, may appear and object to any of the improvements because they are not located at the proper places or they are not sufficient in number or capacity to properly drain the territory.
Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.025. Changing the Preliminary Report

Sec. 56.025.  CHANGING THE PRELIMINARY REPORT.  (a)  The commissioners court may change the location of any improvement shown in the preliminary report or may add to or reduce the number of improvements.  The commissioners court may order the engineer to locate any additional canals, drains, ditches, or levees for the purpose of conducting water from the land of the district or to prevent overflow of water from streams or other bodies of water onto the land of the district to be drained.
(b)  The commissioners court may refer the entire preliminary report to the engineer for compliance with its orders and may require the engineer to submit a further report.
(c)  If material changes or alterations are made in the preliminary report, the clerk shall give notice, and the commissioners court shall hold a hearing in the manner provided for the original preliminary report.
Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.026. Adopting the Preliminary Report

Sec. 56.026.  ADOPTING THE PRELIMINARY REPORT.  If there are no objections to the preliminary report or if the commissioners court finds that objections to the report are not valid, the report shall be approved and the approval entered in the minutes.
Acts 1971, 62nd Leg., p. 501, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.032. Authorizing Existing Districts to Operate Under Article Xvi, Section 59, of the Texas Constitution

Sec. 56.032.  AUTHORIZING EXISTING DISTRICTS TO OPERATE UNDER ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION.  (a)  Any existing district may be authorized to operate under the provisions of Article XVI, Section 59, of the Texas Constitution without change of name or impairment of obligations.
(b)  To operate under Article XVI, Section 59, of the Texas Constitution, the board must adopt a resolution proposing the change and schedule a hearing on the resolution.  The hearing must be held not earlier than the 30th day but not later than the 60th day after the date the resolution is adopted.  The board shall give notice of the time and place of the hearing on the resolution by posting a copy of the resolution for at least the 20 days preceding the date of the hearing in five public places in the county.  One of the copies shall be posted on the courthouse door and the other copies shall be posted within the boundaries of the district.  Following the hearing, the board may adopt a resolution authorizing the district to operate under the provisions of Article XVI, Section 59, of the Texas Constitution.
(c)  Any district operating under the provisions of this section is governed and controlled by the laws under which it was organized.
(d)  Limitations imposed by Article III, Section 52, of the Texas Constitution and this chapter on debts to be incurred and taxes to be levied are not applicable to districts operating under Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 502, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 56.033. Alternate Procedure for Creation

Sec. 56.033.  ALTERNATE PROCEDURE FOR CREATION.  (a)  The landowners of a defined area of territory not included in a district may file with the commissioners court a petition requesting an election on the creation of a district.  The petition must:
(1)  be signed by registered voters residing in the territory equal in number to at least five percent of the number of votes received in the territory to be included by all candidates in the most recent gubernatorial general election;  and
(2)  describe by metes and bounds the territory to be included in the district.
(b)  The commissioners court shall call and hold a hearing to determine if the petition meets the requirements of Subsection (a).
(c)  If the commissioners court determines the petition meets the requirements of Subsection (a), the court shall order an election held in the proposed district to determine whether or not the district should be created and whether or not the district should issue bonds and levy taxes to pay for the bonds.
(d)  The provisions of this subchapter, other than Section 56.019, govern the hearing and election.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 1, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.061. Creation of Board

Sec. 56.061.  CREATION OF BOARD.  (a)  A district is governed by a board of three directors unless special law provides otherwise.
(b)  When a district is established, the commissioners court shall appoint three directors for the district to serve until permanent directors are elected.
Acts 1971, 62nd Leg., p. 502, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.062. Eligibility Requirements for Directors

Sec. 56.062.  ELIGIBILITY REQUIREMENTS FOR DIRECTORS.  To be eligible to serve as a director, a person must satisfy the requirements of Section 141.001(a), Election Code.
Added by Acts 2001, 77th Leg., ch. 298, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.064. Election of Directors

Sec. 56.064.  ELECTION OF DIRECTORS.  (a)  For any district in which special law requires that directors be appointed, except when the special law otherwise provides, on petition of a majority of the real property taxpayers of a district requesting an election of district directors, the commissioners court shall immediately order an election to be held at the earliest legal time.  The election shall be held as other elections under Chapter 49.
(b)  The first elected directors of the districts in Calhoun, Matagorda, and Victoria Counties hold office until May 15 of the next succeeding odd-numbered year.  Subsequent directors of the district are elected every two years on the first Saturday in May in each odd-numbered year, for a term of two years beginning on May 15 following the election.
Acts 1971, 62nd Leg., p. 503, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1975, 64th Leg., p. 1847, ch. 575, Sec. 1, 2, eff. Sept. 1, 1975;  Acts 1983, 68th Leg., p. 5216, ch. 951, Sec. 10, eff. Jan. 1, 1984;  Acts 1987, 70th Leg., ch. 54, Sec. 25(o), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 59, Sec. 1, eff. May 5, 1989;  Acts 1995, 74th Leg., ch. 715, Sec. 27, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 222, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.0641. Election Procedures

Sec. 56.0641.  ELECTION PROCEDURES.  (a)  In those districts referred to in Subsection (b) of Section 56.064, until otherwise ordered by the board of directors, the three persons receiving the highest number of votes at each election are elected.  By order made before the 60th day preceding an election for directors, the board of directors in those districts referred to in Subsection (b) of Section 56.064 may order that the election of directors for that district shall be by position or place, designated as Place No. 1, Place No. 2, and Place No. 3.  The order shall designate the place numbers in relation to the directors then in office, and these place designations shall be observed in all future elections.  The person receiving the highest number of votes for each position or place is elected.  Once the board of directors has adopted the place system for election, neither that board nor their successors may rescind the action.
(b)  A person wishing to have his name printed on the ballot as a candidate for director in those districts referred to in Subsection (b) of Section 56.064 shall file a signed application with the secretary of the board of directors not later than 5 p.m. of the 31st day preceding the election.
(c)  The board of directors in those districts referred to in Subsection (b) of Section 56.064 shall order the election, appoint the election judges, canvass the returns, and declare the results of the election.  In other respects, the procedures for conducting the election and for voting are as specified in the Texas Election Code.  The expenses of holding the election shall be paid out of the construction and maintenance fund of the district.
Added by Acts 1975, 64th Leg., p. 1847, ch. 575, Sec. 3, eff. Sept. 1, 1975.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.0642. Applicability to Special Law Districts

Sec. 56.0642.  APPLICABILITY TO SPECIAL LAW DISTRICTS.  Subsection (b) of Section 56.064 and Section 56.0641 of this code apply to drainage districts created or governed by special law where the special law expressly adopts the provisions of Section 56.064 of this code or its predecessor statute (Article 8119, Revised Civil Statutes of Texas, 1925) or repeats its provisions, without change in substance, as those provisions existed at the time the special law was enacted;  but they do not apply to any district established, reestablished, or otherwise affected by special law where the special law contains specific provisions relating to the method of selecting the governing body of the district which were at variance with the provisions of Section 56.064 of this code or its predecessor at the time the special law was enacted.
Added by Acts 1975, 64th Leg., p. 1848, ch. 575, Sec. 4, eff. Sept. 1, 1975.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.069. Transfer of Board's Power to Commissioners Court

Sec. 56.069.  TRANSFER OF BOARD'S POWER TO COMMISSIONERS COURT.  (a)  The functions, powers, rights, and duties exercised by or relating to the board of any district may be transferred to the commissioners court of the county in which the district is wholly located, but before the transfer is made, the commissioners court and the board must pass resolutions authorizing the transfer.  In any district in which the board is elected, the transfer may not be made unless the transfer is approved by a majority of the voters voting on that issue at an election held in the district.
(b)  After the transfer is made, the commissioners court shall be the sole governing body of the district and shall exercise the functions, powers, rights, and duties transferred.
(c)  The members of the commissioners court are not entitled to receive any compensation for the exercise of these functions, powers, rights, and duties.
(d)  On the passage of a resolution at a meeting of the board of the district, the commissioners court may be authorized to receive an allowance of not more than $150 a month for travel expense incurred by the commissioners incident to the discharge of their duties as members of the board of the district.
Acts 1971, 62nd Leg., p. 504, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1973, 63rd Leg., p. 1780, ch. 653, Sec. 4, eff. June 16, 1973;  Acts 2001, 77th Leg., ch. 298, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter C. Administrative Provisions › Section 56.082. Hearing; Powers of the Commissioners Court

Sec. 56.082.  HEARING;  POWERS OF THE COMMISSIONERS COURT.  (a)  Except as otherwise provided in this chapter, the commissioners court has exclusive jurisdiction to hear and determine:
(1)  contests and objections to creating a district;
(2)  matters relating to creating a district;  and
(3)  all proceedings of a district during its organization.
(b)  The commissioners court may adjourn a hearing from day to day, and the judgment of the commissioners court rendered under Subsection (a) of this section is final.
Acts 1971, 62nd Leg., p. 506, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.111. Control and Repair of District Improvements

Sec. 56.111.  CONTROL AND REPAIR OF DISTRICT IMPROVEMENTS.  The board may control and supervise the construction and maintenance of canals, drains, ditches and levees, and other improvements of the district and shall keep them in repair.
Acts 1971, 62nd Leg., p. 506, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.115. Duties of the Engineer

Sec. 56.115.  DUTIES OF THE ENGINEER.  (a)  The engineer shall make a map of the district showing:
(1)  the boundary lines of the district;
(2)  the original surveys within the boundaries of the district;  and
(3)  the number of acres in an original survey which are included in the district if the boundary lines of the district cross the original survey.
(b)  The engineer shall make maps and profiles of the canals, drains, ditches, and levees located in the district and their outlets extending beyond the boundaries of the district.
(c)  A copy of the land office map of the county which shows the name and number of each survey and the area or number of acres within the district is sufficient to comply with the requirement for a map of the district, and any recognized map of a city or town in the district is sufficient to comply with the requirement for a map of that city or town.
Acts 1971, 62nd Leg., p. 507, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.116. Maps and Estimates

Sec. 56.116.  MAPS AND ESTIMATES.  (a)  The map and profile shall include the relation that each canal, drain, ditch, or levee bears to each tract of land through which it passes and the shape into which the canal, drain, ditch, or levee divides each tract.
(b)  If any canal, drain, ditch, or levee cuts off any tract containing less than 20 acres of land, the map shall show:
(1)  the number of acres divided from the tract;
(2)  the number of acres in the whole tract;
(3)  the shape of the small tract;  and
(4)  the relation of the small tract to the canal, ditch, drain, or levee.
(c)  The profile may show the number of cubic yards necessary to be excavated to make each canal, drain, or ditch and to build any levee located in the district and may give the estimated cost of each.
(d)  When the map, profile, and estimates are completed, the engineer shall sign them in his official capacity and file them with the clerk of the commissioners court.
Acts 1971, 62nd Leg., p. 507, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.120. Railroad Culverts

Sec. 56.120.  RAILROAD CULVERTS.  (a)  At the expense of the district, the board may construct necessary bridges and culverts across or under a track or right-of-way of a railroad to enable the district to construct and maintain a necessary canal, drain, or ditch.
(b)  Before the board constructs a bridge or culvert, the board shall give notice to the railroad authorities authorized to build or construct bridges and culverts and shall allow the railroad 30 days to build the bridge or culvert at its own expense and according to its own plans.
(c)  Bridges or culverts shall be constructed so they will not interfere with the free and unobstructed flow of water passing through the canals and drains and shall be placed at points designated by the engineer.
Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.