reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.307. Annexation of Whole of Adjacent County

Sec. 62.307.  ANNEXATION OF WHOLE OF ADJACENT COUNTY.  If the territory included inside the boundaries of the annexing district consists of all of a single county and the territory to be annexed consists of all of an adjacent county, the adjacent territory may be annexed in the manner provided in Sections 62.291-62.306 of this code, except the commissioners court of the county to be annexed shall:
(1)  conduct the hearing;
(2)  order the election;
(3)  canvass the returns of the election;  and
(4)  perform all other duties provided by this subchapter for the commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.308. Hearing

Sec. 62.308.  HEARING.  The commissioners court of the county to be annexed shall conduct the hearing at some place inside the county to be annexed.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.309. Order of Election; Ballots

Sec. 62.309.  ORDER OF ELECTION;  BALLOTS.  The commissioners court of the county to be annexed may order an election, as requested in the petition for hearing, on either or both propositions included in the ballot form in Section 62.297 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.310. Certification of Election Result

Sec. 62.310.  CERTIFICATION OF ELECTION RESULT.  If the proposition or propositions carries by a majority of the vote of the electors voting at the election, the commissioners court of the county to be annexed shall certify the election result to the commission of the annexing district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.311. Hearing by Annexing District

Sec. 62.311.  HEARING BY ANNEXING DISTRICT.  After the certification of the election result, and after five days' notice in some newspaper published inside the annexing district, the annexing district shall conduct a public hearing to determine whether or not it would be a benefit to the annexing district to annex the adjacent county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.312. Order of Annexation

Sec. 62.312.  ORDER OF ANNEXATION.  If at the hearing it appears that annexation of the adjacent county would be a benefit to the annexing district, the commission shall enter an order in the minutes annexing the county.  From and after the entry of the order, the county shall be a part of the annexing district with all rights and privileges of territory originally situated in the district and with the right of representation on the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.313. Obligations Not Affected; Pro Rata Assumption

Sec. 62.313.  OBLIGATIONS NOT AFFECTED;  PRO RATA ASSUMPTION.  (a)  Except as provided in Subsection (b) of this section, annexation shall in no way affect the bonded debt or any other valid outstanding obligation of the annexing district.
(b)  If the voters at the annexation election in the county annexed vote to assume a pro rata part of the bonded debt of the annexing district, pro rata assumption shall be binding.  If that proposition is not approved by a majority of those electors voting in the election, the persons and property within the county annexed shall never be bound to the payment of any debt of the annexing district outstanding at the time of annexation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.314. Additional Commission Members

Sec. 62.314.  ADDITIONAL COMMISSION MEMBERS.  (a)  From and after the entry of the order of annexation, the commission shall be constituted as provided in this section.
(b)  The commissioners court of the annexed county shall appoint two commissioners, both of whom shall be electors who reside in the district.  The two commission members shall be additional members of the commission of the district and shall have the same duties and receive the same compensation as incumbent commission members.
(c)  The additional commission members shall hold office for a term equal to and expiring with the terms of the incumbent commission members or, if the members of the commission are serving staggered terms, expiring with the term of the commission member whose term first expires.
(d)  At the expiration of the terms of the additional commission members, the terms of all commission members shall be automatically terminated.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.315. Change of Membership of Navigation Board

Sec. 62.315.  CHANGE OF MEMBERSHIP OF NAVIGATION BOARD.  (a)  After the annexation, the board shall be composed of the county judges and commissioners courts of the county of the annexing district and of the annexed county.
(b)  Each individual member of the board shall be entitled to a vote and a majority in number of the individuals composing the board shall constitute a quorum.  The action of a majority of the quorum shall control.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.316. Permanent Commission Organization Following Annexation

Sec. 62.316.  PERMANENT COMMISSION ORGANIZATION FOLLOWING ANNEXATION.  (a)  After the expiration and termination of the terms of commission members as provided for in Section 62.314 of this code, the commission shall be organized as provided by this section.
(b)  The commission shall be managed, governed, and controlled by five commission members.
(c)  The commissioners courts of the county of the annexing district and of the annexed county shall each, by majority vote, appoint two commission members for a term of two years.
(d)  At the expiration of the term of office of each commission member, the commissioners court which appointed that member shall, by majority vote, appoint a successor for a term of two years.
(e)  The fifth commission member shall be chairman and shall serve for a term of two years.  He shall be selected by a majority vote of the board of the district and appointed by the board.
(f)  If any vacancy occurs through the death, resignation, or otherwise of any commission member, it shall be filled as in the first instance by appointment for the unexpired term.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.317. Provisions Governing Commission

Sec. 62.317.  PROVISIONS GOVERNING COMMISSION.  (a)  Each commissioner appointed under Section 62.314 or 62.316 of this code shall be an elector of the district and shall serve his full term and until his successor is elected and has qualified unless sooner removed by the authority which appointed him for malfeasance or nonfeasance in office.
(b)  Each commissioner shall execute a bond, take the oath, and have the powers and duties prescribed by the law applicable to the annexing district at the time of the annexation.
(c)  Each commissioner is entitled to receive the compensation determined by the board.
(d)  The commission, by majority vote, may execute all contracts and take all actions relating to governing the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 62 - Article Xvi, Section 59, Navigation Districts › Subchapter H. Annexation › Section 62.318. Law Governing District

Sec. 62.318.  LAW GOVERNING DISTRICT.  (a)  The only changes made in the organization and operation of an annexing district which annexes an adjacent county are those contained in this subchapter.
(b)  Each district annexing an adjacent county shall continue after the annexation to be governed by and subject to all of the laws applicable to the annexing district at the time of annexation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter A. General Provisions › Section 63.001. Definitions

Sec. 63.001.  DEFINITIONS.  As used in this chapter:
(1)  "District" means a self-liquidating navigation district.
(2)  "Board" means the navigation board.
(3)  "Commission" means the board of navigation and canal commissioners.
(4)  "Commissioner" means a member of the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.021. Self-Liquidating Districts

Sec. 63.021.  SELF-LIQUIDATING DISTRICTS.  (a)  All navigation districts organized under the provisions of Article XVI, Section 59, of the Texas Constitution, and the provisions of Chapter 62 of this code, or organized under any local and special law enacted under the provisions of Article XVI, Section 59, of the Texas Constitution, which have voted bonds but have not issued or disposed of the bonds, and all districts organized under the provisions of this chapter are self-liquidating in character and may be made self-supporting and return the construction cost of the district within a reasonable period by tolls, rents, fees, assessments, or other charges other than taxation.
(b)  The district shall be considered as coming originally within the scope of this chapter, and the proceedings in Sections 63.039-63.044 of this code are not required as a prerequisite to the exercise of the rights, powers, privileges, and benefits of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.022. Creation

Sec. 63.022.  CREATION.  A district of the character provided in Section 63.021 of this code may be created as provided in this chapter to operate under the provisions of Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.023. Area Included in District

Sec. 63.023.  AREA INCLUDED IN DISTRICT.  A district may include all or part of a village, town, city, road district, drainage district, irrigation district, levee district, other improvement district, conservation and reclamation district, or municipal corporation, but may not include more than all or parts of two counties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.024. Petition to Create Single-County District

Sec. 63.024.  PETITION TO CREATE SINGLE-COUNTY DISTRICT.  (a)  To create a district located wholly in one county, a petition signed by 25 of the electors, or if there are fewer than 75 electors in the proposed district, by one-third of them, shall be presented at any regular or special session of the commissioners court of the county in which the land to be included in the district is located.
(b)  The petition shall include:
(1)  a request for the establishment of a district;
(2)  a description of the boundaries of the proposed district, accompanied by a map;
(3)  a statement of the general nature of the improvements proposed;
(4)  an estimate of the probable cost;  and
(5)  the designation of a name for the district which shall include the name of the county.
(c)  A deposit of $500 and an affidavit stating the qualifications of the petitioners shall accompany the petition.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.025. Petition to Create District in Two Counties

Sec. 63.025.  PETITION TO CREATE DISTRICT IN TWO COUNTIES.  (a)  If the proposed district is located in two counties, a petition of the nature provided in Section 63.024 shall be presented to the commissioners court of the county which includes the greater part of the district, and this county shall be the county of jurisdiction with relation to all matters concerning the district.
(b)  The petition shall be signed by 25 residents in the territory of each county to be included in the proposed district or if there are fewer than 75 residents in the territory of either of the counties, then by one-third of the residents and shall be accompanied by a deposit of $500.
(c)  The name of the district shall include the name of the county which has jurisdiction.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.026. Navigation Board

Sec. 63.026.  NAVIGATION BOARD.  (a)  The navigation board shall include the county judge and the members of the commissioners court and the mayor and the aldermen or commissioners of the city or cities.
(b)  A majority in number of the persons composing the board shall constitute a quorum, and the action of a majority of the quorum shall control.
(c)  The board shall pass on the petition to create the district and the election to approve creation of the district with each individual member having one vote.
(d)  The duties and powers of the county judge and members of the commissioners court, the mayor and aldermen or commissioners of cities, and the county clerk and other officers are a part of the legal duties of the officials which they shall perform without additional compensation, unless otherwise provided in this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.027. Hearing

Sec. 63.027.  HEARING.  At the same session the petition is presented, the commissioners court shall order a hearing to be held at a regular or special session of the commissioners court, not less than 60 days from the date the petition is presented.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.028. Notice of Hearing

Sec. 63.028.  NOTICE OF HEARING.  (a)  The commissioners court shall order the clerk to give notice of the date and place of the hearing by posting a copy of the petition and the order of the commissioners court at the courthouse door and at four other public places inside the boundaries of the proposed district.
(b)  If the district is composed of more than one county, the notices provided in Subsection (a) of this section shall be posted in each county.
(c)  The notices shall be posted not less than 20 days immediately preceding the day set for the hearing.
(d)  The clerk is entitled to receive $1 for each notice he posts and five cents a mile for each mile necessarily traveled to post the notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.029. Hearing by Navigation Board

Sec. 63.029.  HEARING BY NAVIGATION BOARD.  (a)  If the proposed district includes all or part of a city acting under special charter granted by the legislature, the hearing shall be held before the board at the regular meeting place of the commissioners court.
(b)  The commissioners court shall order a hearing before the board not less than 30 nor more than 60 days from the day the petition is presented without reference to any term of the court, and notice of the hearing shall be given as provided in Section 63.028.
(c)  The county clerk shall record the proceedings of the board in the book kept for that purpose, and this record shall be available for public inspection.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.030. Conduct of Hearing

Sec. 63.030.  CONDUCT OF HEARING.  (a)  The commissioners court or the board has exclusive jurisdiction to hear and determine all contests and objections to the creation of the proposed district and all matters relating to the creation of the proposed district.
(b)  The commissioners court or the board may adjourn the hearing from day to day, and all judgments or decisions shall be final unless otherwise provided in this chapter.
(c)  Any person who has taxable property in the proposed district or who might be affected by creation of the district may appear at the hearing and support or oppose creation of the proposed district and may offer testimony relating to:
(1)  the necessity and feasibility of the proposed district;
(2)  the benefits to accrue from formation of the proposed district;
(3)  the boundaries of the proposed district;  or
(4)  any other matter concerning the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.031. Findings

Sec. 63.031.  FINDINGS.  (a)  If it appears at the hearing that the proposed improvements are feasible and practicable and would be a public benefit and utility, the commissioners court or the board shall make these findings and approve the boundaries stated in the petition, or if it does not approve the boundaries in the petition, the court or board shall define the boundaries of the district which are approved.
(b)  Changes may not be made in the proposed boundaries until notice is given and a hearing held in the manner provided in this subchapter.
(c)  If the commissioners court or board finds that the proposed improvement is not feasible or practicable, or that it would not be a public benefit or public utility and that the establishment of the district is unnecessary, the court or board shall make these findings and dismiss the petition at the cost of petitioners.  Dismissal of the petition shall not prevent presentation of another petition at a later date.
(d)  The commissioners court or the board shall enter all findings in its records or minutes, together with a map of the district if the boundaries in the petition are changed.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.032. Providing Funds for Proposed Improvements

Sec. 63.032.  PROVIDING FUNDS FOR PROPOSED IMPROVEMENTS.  (a)  If the commissioners court or the board approves the boundaries in the petition or as changed and decides to grant the petition, it shall determine the amount of money necessary for the improvements and all expenses connected with the improvements and whether to issue bonds for the full amount or, in the first instance, for a less amount.
(b)  The commissioners court or the board shall specify the amount of bonds to be issued, the maximum term for which the bonds will run, and the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.033. Election Order

Sec. 63.033.  ELECTION ORDER.  (a)  If the commissioners court or the board finds in favor of the creation of the district, the commissioners court of the county of jurisdiction shall order an election and submit to the electors residing in the district the proposition of whether or not the district shall be created and whether or not the bonds shall be issued and a tax levied sufficient to pay the interest and provide a sinking fund to redeem the bonds at maturity.
(b)  The election order shall specify the amount of the bonds to be issued, the term for which the bonds will run, and the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.034. Notice of Election

Sec. 63.034.  NOTICE OF ELECTION.  (a)  The clerk of the court of jurisdiction shall give notice of the election by posting notices at the courthouse door of the county in which the district is located and at four other public places in the proposed district.
(b)  If the district is composed of more than one county, the notices shall be posted in each county.
(c)  The notices shall be posted for 30 days immediately preceding the time set for the election.
(d)  The notices shall include:
(1)  the time and place of the election;
(2)  the proposition to be voted on;
(3)  the purpose for which the bonds are to be issued;
(4)  the amount of the bonds;  and
(5)  a copy of the election order.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.035. Ballots

Sec. 63.035.  BALLOTS.  The ballots for the election shall be printed to provide for voting for or against:  "The navigation district and the issuance of bonds and the levy of a tax to pay for the bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.036. Conduct of Election

Sec. 63.036.  CONDUCT OF ELECTION.  The commissioners court shall create and define, by order, the voting precincts in the district and shall name convenient polling places in the precincts.  It shall appoint the judges and other necessary election officials and shall hold the election at the earliest legal time.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.037. Returns of Election

Sec. 63.037.  RETURNS OF ELECTION.  (a)  Immediately after the election, the officers holding the election shall make returns of the result to the commissioners court of jurisdiction and return the ballot boxes to the clerk of the court.
(b)  The clerk shall keep the ballot boxes safely and deliver them, together with the returns of the election, to the commissioners court at its next regular or special session.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.038. Declaration of Result

Sec. 63.038.  DECLARATION OF RESULT.  The court shall canvass the vote and return at the session when it receives the ballot boxes and returns of the election.  If it finds that a majority of those voting at the election voted in favor of the proposition, the court shall declare the result of the election to be in favor of the district, issuance of the bonds, and the levy of the tax, and shall enter the following declaration in its minutes:
"Commissioners Court of __________ County, Texas, __________ term A.D. __________, in the matter of the petition of __________ and __________ and others praying for the establishment of a navigation district, and issuance of bonds and levy of taxes in said petition described and designated by the name of __________ Navigation District.  Be it known that at an election called for the purpose in said district, held on the __________ day of __________ A.D. __________ a majority of the electors voting thereon voted in favor of the creation of said navigation district, and the issuance of bonds and levy of a tax.  Now, therefore, it is considered and ordered by the court that said navigation district be, and the same is hereby established by the name of __________ Navigation District, and that bonds of said district in the amount of __________ dollars be issued, and a tax of __________ cents on the $100, valuation, or so much thereof as may be necessary to be levied upon all property within said navigation district, whether real, personal, mixed or otherwise, sufficient in amount to pay the interest on such bonds and provide a sinking fund to redeem that at maturity, and that if said tax shall at any time become insufficient for such purpose same shall be increased until same is sufficient.  The metes and bounds of said district being as follows:  (Giving metes and bounds)."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.039. Conversion of District

Sec. 63.039.  CONVERSION OF DISTRICT.  Any navigation district organized under the provisions of Article XVI, Section 59, of the Texas Constitution, or Article III, Section 52, of the Texas Constitution, and not originally within the scope of this chapter, may be converted into a self-liquidating district operating under this chapter in the manner provided in Sections 63.040-63.044 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.040. Resolution to Convert

Sec. 63.040.  RESOLUTION TO CONVERT.  (a)  The commission, by resolution entered in the minutes, shall declare that in its judgment it is for the best interest of the district and will benefit the land and property in the district to operate under the provisions of this chapter, permitting the district to become self-liquidating and to return the construction cost within a reasonable period by means of tolls, rents, fees, assessments, or other charges other than taxation.
(b)  The commission shall designate in the resolution the sections of this chapter under which the district wishes to operate.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.041. Notice

Sec. 63.041.  NOTICE.  (a)  Notice of the adoption of a resolution under Section 63.040 of this code shall be given by publishing the resolution in a newspaper with general circulation in the county or counties in which the district is located.
(b)  The notice shall be published once a week for two consecutive weeks with the first publication not less than 14 full days before the day set for a hearing.
(c)  The notice shall:
(1)  state the time and place of the hearing;
(2)  set out the resolution in full;  and
(3)  notify all interested persons to appear and offer testimony for or against the proposal contained in the resolution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.042. Hearing

Sec. 63.042.  HEARING.  The hearing may be adjourned from day to day until all interested persons have had an opportunity to appear and present testimony.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.043. Findings

Sec. 63.043.  FINDINGS.  (a)  If at the hearing the commission finds that conversion of the district into a district operating under this chapter would serve the best interest of the district and would be a benefit to the land and property included in the district, it shall enter an order making this finding.
(b)  If the commission finds that the conversion of the district would not serve the best interest of the district and would not be a benefit to the land and property included in the district, it shall enter an order against conversion of the district into one operating under this chapter.
(c)  The adverse findings of the commission shall be final and not subject to appeal or review.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter B. Creation of District; Conversion of District › Section 63.044. Effect of Conversion

Sec. 63.044.  EFFECT OF CONVERSION.  If the finding of the commission is favorable to the resolution, the commission shall have the same right, power, and authority to act under the provisions of this chapter adopted by the resolution as if the district had originally come within the scope of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.081. Appointment of Commissioners

Sec. 63.081.  APPOINTMENT OF COMMISSIONERS.  After a district is created, the commissioners court shall appoint three navigation and canal commissioners, whose duties are provided in this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.082. Qualifications

Sec. 63.082.  QUALIFICATIONS.  To be qualified for appointment as a commissioner, a person must be a resident of the district, a freehold property taxpayer, and a qualified elector of the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.083. Vacancies

Sec. 63.083.  VACANCIES.  All vacancies in the office of appointed commissioner occurring through death, resignation, or otherwise shall be filled by the remaining commissioners or, if only one commissioner remains, by the remaining commissioner and the district judge residing in the county in which a majority of the acreage of the district is located.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.084. Oath

Sec. 63.084.  OATH.  In addition to the constitutional oath provided for county commissioners, before beginning to perform his duties each appointed commissioner shall take and subscribe before the county judge of the county of jurisdiction an oath to discharge faithfully the duties of his office without favor or partiality.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.085. Bond

Sec. 63.085.  BOND.  Before beginning to perform his duties, each appointed commissioner shall execute a good and sufficient bond for $1,000, payable to the county judge of the county of jurisdiction for the use and benefit of the district, conditioned on the faithful performance of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.086. Term of Office

Sec. 63.086.  TERM OF OFFICE.  Each commissioner shall hold office for four years and until his successor has qualified after appointment or election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1983, 68th Leg., p. 5217, ch. 951, Sec. 14, eff. Jan. 1, 1984.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.087. Optional Term of Office

Sec. 63.087.  OPTIONAL TERM OF OFFICE.  (a)  The commission may provide by resolution for six-year staggered terms of office for commissioners with the term of one commissioner expiring every two years.
(b)  At the first election of commissioners after a resolution is adopted under this section, three commissioners shall be elected.  After the commissioners have taken the oath of office and executed bonds, they shall draw lots to determine who will serve for a two-year term, who will serve for a four-year term, and who will serve for a six-year term.
(c)  Successors to the commissioners elected under the provisions of Subsection (b) of this section shall serve for full six-year terms.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.088. Commission Organization and Quorum

Sec. 63.088.  COMMISSION ORGANIZATION AND QUORUM.  The commission shall organize by electing one of their members chairman and one secretary.  Two of the commissioners shall constitute a quorum and a concurrence of two shall be sufficient in all matters relating to the business of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.089. Election of Commissioners

Sec. 63.089.  ELECTION OF COMMISSIONERS.  (a)  An election shall be held in the district on the first Tuesday after the first Monday in November of each even numbered year to elect the three commissioners.  However, the commissioners may, by adopting an order duly entered on the minutes, determine to hold the election on the first Tuesday after the first Monday in October of each even numbered year to elect the commissioners authorized by law.
(b)  Section 41.001(a), Election Code, requiring that certain elections be held on specified uniform dates, and Section 41.003, Election Code, allowing only certain elections to be held on the date of the general election for state and county officers, do not apply to the election provided for in this section.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, Sec. 9, eff. Sept. 1, 1971;  Acts 1973, 63rd Leg., p. 1129, ch. 427, Sec. 1, eff. June 14, 1973;  Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 1, eff. Aug. 29, 1977;  Acts 1991, 72nd Leg., ch. 522, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.090. Placing Names of Candidates on Ballot

Sec. 63.090.  PLACING NAMES OF CANDIDATES ON BALLOT.  A candidate for commissioner must file an application with the secretary not later than 5 p.m. of the 45th day before the date of the election to have the candidate's name printed on the ballot.  Also, a candidate's name may be placed on the ballot by petition of 20 or more qualified electors of the district filed with the secretary by the deadline stated in the preceding sentence.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 2, eff. Aug. 29, 1977;  Acts 1989, 71st Leg., ch. 1009, Sec. 5, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.091. Polling Place

Sec. 63.091.  POLLING PLACE.  The commission shall designate the polling place or places in the election order.  If more than one polling place is required, the board shall divide the district into election precincts, which may be changed from time to time.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.092. Election Officers

Sec. 63.092.  ELECTION OFFICERS.  The commission shall appoint the election officers, consisting of one presiding judge, an assistant judge, and two clerks, when the election is ordered.  Additional clerks may be appointed by the presiding judge when necessary.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.093. Notice of Election

Sec. 63.093.  NOTICE OF ELECTION.  (a)  The notice of the election shall be signed by the president and secretary of the commission and shall contain a copy of the election order.
(b)  The notice shall be published once a week for four consecutive weeks in a newspaper published in the district or, if a newspaper is not published in the district, in a newspaper located nearest to the boundaries of the district.  The first publication shall be made not less than 32 days nor more than 46 days before the day of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 3, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.094. Conduct of Election

Sec. 63.094.  CONDUCT OF ELECTION.  (a)  The election officers shall make and deliver the returns in triplicate.  One copy shall be retained by the presiding judge, one shall be delivered to the chairman of the commission, and one shall be delivered to the secretary.
(b)  The ballot boxes and other election records and supplies shall be delivered to the secretary at the office of the district.  All boxes containing voted or mutilated ballots shall be preserved for six months, subject to the order of any court in which an election contest is filed.  The ballot boxes shall be destroyed after six months unless a contrary order is entered by a court of competent jurisdiction.
(c)  The commission shall meet and canvass the returns of the election not less than five full days nor more than seven days after the election.  If the returns cannot be canvassed within seven days, they shall be canvassed as soon as possible after seven days.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.0945. Write-in Candidates

Sec. 63.0945.  WRITE-IN CANDIDATES.  (a)  In an election to elect a commissioner, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates.
(b)  To be entitled to a place on the list of write-in candidates, a candidate must make a declaration of write-in candidacy.
(c)  A declaration of write-in candidacy must be filed with the authority with whom an application for a place on the ballot is required to be filed in the election.
(d)  A declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election.
(e)  Subchapter B, Chapter 146, Election Code, applies to write-in voting in an election to elect a commissioner except to the extent of a conflict with this subchapter.
(f)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1318, Sec. 51(4), eff. September 1, 2011.
Added by Acts 1997, 75th Leg., ch. 1343, Sec. 3, eff. June 20, 1997.  Amended by Acts 2003, 78th Leg., ch. 925, Sec. 8, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 35, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 48, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 51(4), eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.095. Vacancies on Commission

Sec. 63.095.  VACANCIES ON COMMISSION.  (a)  A vacancy in the office of elected commissioner shall be filled by appointment by the commission itself for the unexpired term.
(b)  If two vacancies occur at the same time, the remaining commissioner shall call a special election to fill the vacancies.
(c)  If the remaining commissioner fails to call a special election within 15 days after the vacancies occur, or if the third place is vacant also, the judge of the district court of the judicial district in which the district is located may order the election on the petition of any voter or creditor of the district.  The district judge shall fix the date of the election, order the publication of notice of the election by the county clerk, and name the officers to hold the election.  The returns of an election held by order of the district judge shall be made and filed in the office of the clerk of the district court, and the clerk shall declare the result of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.096. Commissioner's Oath

Sec. 63.096.  COMMISSIONER'S OATH.  Each commissioner shall subscribe an oath of office containing the applicable conditions provided by law for members of the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.097. Commissioner's Bond

Sec. 63.097.  COMMISSIONER'S BOND.  (a)  Each commissioner shall execute a good and sufficient bond for $1,000, payable to the district, conditioned on the faithful performance of his duties.
(b)  The commissioner's bond shall be approved by the commission and by the district judge of the district court which has jurisdiction over the territory of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1973, 63rd Leg., p. 1129, ch. 427, Sec. 2, eff. June 14, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.098. Commissioner's Compensation

Sec. 63.098.  COMMISSIONER'S COMPENSATION.  (a)  Each commissioner shall receive a fee of not more than $50 a day for each day of service necessary to the discharge of his duties, unless otherwise provided in accordance with Subsection (b) of this section.
(b)  The commission may provide by an order entered in its minutes that compensation shall not be paid for the commissioners' services for a period of more than two years from the date of the order.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, Sec. 10, eff. Sept. 1, 1971;  Acts 1977, 65th Leg., p. 159, ch. 79, Sec. 1, eff. April 25, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.099. District Manager

Sec. 63.099.  DISTRICT MANAGER.  (a)  The commission may employ a general manager and give him full authority in the management and operation of the affairs of the district, subject only to the supervision of the commission.
(b)  The commission shall fix the term of office and compensation of the manager.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.100. District Assessor and Collector

Sec. 63.100.  DISTRICT ASSESSOR AND COLLECTOR.  The commission shall appoint one person to the office of assessor and collector for the district.  The assessor and collector shall be a qualified elector and a resident of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.101. Deputy Assessor and Collector

Sec. 63.101.  DEPUTY ASSESSOR AND COLLECTOR.  The commission may appoint one or more deputies to assist the assessor and collector for a period of not more than one year.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.103. Deputy's Bond

Sec. 63.103.  DEPUTY'S BOND.  The assistant or assistants to the assessor and collector appointed by the commission may or may not be required to furnish bond with conditions similar to those required of the assessor and collector.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.