reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter G. Management of Certain Encumbered Municipal Electric Utility Systems › Section 552.121. Applicability of Subchapter

Sec. 552.121.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a home-rule municipality that owns an electric utility system, that by ordinance or charter elects to have the management and control of the utility system governed by a board of trustees, and that:
(1)  has outstanding obligations payable in whole or in part from and secured by a lien on and pledge of the net revenue of the system;  or
(2)  issues obligations that:
(A)  are payable in whole or in part from and secured by a lien on and pledge of the net revenue of the system;  and
(B)  are approved by the attorney general.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.106(a), eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 402.121 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter G. Management of Certain Encumbered Municipal Electric Utility Systems › Section 552.122. Transfer of Management and Control of Electric Utility System

Sec. 552.122.  TRANSFER OF MANAGEMENT AND CONTROL OF ELECTRIC UTILITY SYSTEM.  (a)  A municipality by ordinance may transfer management and control of the municipality's electric utility system to a board of trustees appointed by the municipality's governing body.
(b)  The municipality by ordinance shall prescribe:
(1)  the number of members;  and
(2)  the qualifications for appointment to the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.106(a), eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 402.122 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter G. Management of Certain Encumbered Municipal Electric Utility Systems › Section 552.123. Authority of Board of Trustees

Sec. 552.123.  AUTHORITY OF BOARD OF TRUSTEES.  (a)  The municipality by ordinance may vest in the board the power to establish rates and related terms for its municipally owned electric utility system.
(b)  The municipality may delegate to the board of trustees all or part of the municipality's authority to:
(1)  exercise the power of eminent domain with respect to property that will be used by, useful to, or required by the utility system;  and
(2)  issue obligations in the name of the municipality to acquire or construct an improvement to or extension of the utility system or to repair the system.
(c)  The municipality may authorize the board of trustees to issue obligations under Subsection (b)(2) without the prior approval of the municipality.  The obligations must be payable solely from the net revenue of the utility system.
(d)  The municipality may not delegate to the board of trustees the authority to:
(1)  levy or collect ad valorem taxes;  or
(2)  issue obligations that are payable in whole or in part from ad valorem taxes.
(e)  The municipality and the board of trustees may jointly provide for the issuance of obligations payable from ad valorem taxes and the utility system's net revenue by adopting identical provisions in an ordinance or resolution, as appropriate.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.106(a), eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 402.123 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter G. Management of Certain Encumbered Municipal Electric Utility Systems › Section 552.124. Effect of Previously Issued Bonds

Sec. 552.124.  EFFECT OF PREVIOUSLY ISSUED BONDS.  (a)  A municipality or an existing board of trustees may not exercise a power provided by this subchapter in relation to an obligation issued before June 14, 1989, unless the ordinance authorizing the issuance of the obligation or the deed of trust or trust indenture securing payment of the obligation specifically allows the municipality or board to exercise the power.  The authority of the municipality or board in relation to that obligation is subject to any restriction or covenant contained in the ordinance, deed of trust, or trust indenture.
(b)  The board of trustees may authorize, issue, and sell additional obligations on a parity with an obligation issued before June 14, 1989, if the ordinance, deed of trust, or trust indenture provides for the issuance of the obligations.  The obligations must be payable from the revenue pledged to pay the previous obligation and must be secured by pledges and liens on a parity with the pledge securing the previous obligation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 402.124 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter H. Management of Certain Encumbered Municipal Water Systems › Section 552.141. Applicability of Subchapter

Sec. 552.141.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a home-rule municipality that owns or may own a water, wastewater, storm water, or drainage utility system, by ordinance or charter elects to have the management and control of two or more of those utility systems governed by this subchapter, and:
(1)  has outstanding obligations payable solely from and secured by a lien on and pledge of the net revenue of one or more of those systems; or
(2)  issues obligations that are payable solely from and secured by a lien on and pledge of the net revenue of one or more of those systems.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 402.141 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1003 (H.B. 2207), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter H. Management of Certain Encumbered Municipal Water Systems › Section 552.142. Transfer of Management and Control of Utility System

Sec. 552.142.  TRANSFER OF MANAGEMENT AND CONTROL OF UTILITY SYSTEM.  (a)  A municipality by ordinance may transfer management and control of two or more of its water, wastewater, storm water, or drainage systems to a board of trustees. A municipality by ordinance may grant the board authority to set rates and related terms for the systems.
(b)  The board of trustees must consist of at least seven members, one of whom must be the presiding officer of the governing body of the municipality.
(c)  The ordinance transferring management and control must prescribe the number, qualifications, terms of office, succession, compensation, powers, and duties of the members of the board of trustees.
(d)  On any matter not covered by the ordinance, the board is governed by the laws and rules governing the governing body of the municipality, to the extent applicable.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 402.142 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1003 (H.B. 2207), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.903. Agreement With Conservation and Reclamation District

Sec. 552.903.  AGREEMENT WITH CONSERVATION AND RECLAMATION DISTRICT.  (a)  A municipality may agree or contract with a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution for the supply and purchase of hydroelectric power or energy.  The agreement or contract shall be for a period and contain the terms and conditions agreed on by the parties.  The agreement or contract is a valid and binding municipal obligation that is enforceable as provided by its terms.
(b)  The agreement or contract may provide for the municipality to pay for the hydroelectric power or energy whether or not the power or energy is produced or delivered to the municipality.  The agreement or contract may include provisions relating to acquiring, constructing, and equipping generation and transmission facilities to supply the power and energy, provisions relating to financing the costs of the generation and transmission facilities, and provisions that the agreement or contract continues in effect while any obligations specified in the agreement or contract, including refunding obligations, remain outstanding.  The provisions shall be as specified in the agreement or contract.
(c)  If provided in the agreement or contract, the amounts required to be paid by the municipality to the district under the agreement or contract are an operating expense of the electric system, or combined utility system of which the electric system is a part, in the manner provided for other operating and maintenance expenses of the electric system or combined utility system as provided by Section 1502.056, Government Code.
(d)  Notwithstanding any express or implied limitation on municipal power or purposes under any general or special law, charter provision, or ordinance, this section is authority for the performance of an agreement or contract entered into under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 23.06, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.351, eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 402.903 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.904. Lease of Natural Gas Distribution System by Certain Municipalities

Sec. 552.904.  LEASE OF NATURAL GAS DISTRIBUTION SYSTEM BY CERTAIN MUNICIPALITIES.  (a)  A municipality that owns its natural gas distribution system and that has conducted an election before July 13, 1959, that resulted in a vote to sell the system may, by majority vote of the governing body, enter a contract to lease the system to any person.  The municipality may also grant an option to the lessee or other person to purchase the system at a price specified or determined in the manner provided by the lease or option contract.
(b)  If the municipality has any outstanding bonds that are payable from the revenues of the system, unless the municipality provides for the full payment of the bonds with interest to their maturities or to the date the bonds are to be redeemed before maturity, it may not enter a lease or option contract except under the conditions specified in the ordinance that authorized the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 402.904 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.905. Operation of Cable Tv Systems by General-Law Municipalities

Sec. 552.905.  OPERATION OF CABLE TV SYSTEMS BY GENERAL-LAW MUNICIPALITIES.  A general-law municipality may own and/or operate a cable TV system.
Added by Acts 1995, 74th Leg., ch. 674, Sec. 1, eff. Aug. 28, 1995.
Renumbered from Local Government Code, Section 402.905 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.906. Municipal Utility Plants

Sec. 552.906.  MUNICIPAL UTILITY PLANTS.  (a)  This section applies only to a general-law municipality that owns a utility plant that provides utility service.
(b)  The governing body of a municipality may:
(1)  by ordinance regulate the rates and compensation charged the public by the municipality for utility service;
(2)  establish and operate a plant to manufacture, generate, or produce utility service;  and
(3)  sell and distribute utility service to the public in the municipality's boundaries.
(c)  In this section, "utility service" means the provision of water, sewer service, gas, electric energy, or a substance used for lighting, heat, or power.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 4, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 402.906 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.909. Prohibited Employment of or Contracting With Former Trustee or Board Member

Sec. 552.909.  PROHIBITED EMPLOYMENT OF OR CONTRACTING WITH FORMER TRUSTEE OR BOARD MEMBER.  (a)  This section applies to a municipality that creates a board of trustees or other board to manage and control a water, wastewater, storm water, or drainage utility system that the municipality owns.
(b)  The municipality or a board of trustees or other board described by Subsection (a) may not employ or contract with an individual who was a member of the board before the second anniversary of the date the individual ceased to be a member of the board.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 38, eff. June 17, 2001.
Renumbered from Local Government Code, Section 402.909 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.910. Agreements With Other Political Subdivisions for Collection of Past Due Utility or Solid Waste Disposal Service Fees

Sec. 552.910.  AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS FOR COLLECTION OF PAST DUE UTILITY OR SOLID WASTE DISPOSAL SERVICE FEES.  (a)  A municipality that operates a utility system, as defined by Section 552.001, or provides solid waste disposal services may enter an agreement for the collection of unpaid utility charges or solid waste disposal services fees with:
(1)  another municipality that operates a utility system;
(2)  a county or public agency that provides solid waste disposal services; or
(3)  another political subdivision acting on behalf of a municipality, county, or public agency to assist in the collection of unpaid utility charges or solid waste disposal fees.
(b)  The agreement may provide that a municipality:
(1)  may refuse to provide utility service to a person if the person is past due on utility charges or solid waste disposal services fees owed to another party to the agreement;  or
(2)  may collect an amount equal to the past due utility charges or solid waste disposal services fees owed to another party to the agreement plus a service charge and provide the utility service the person requests.
(c)  The agreement shall provide for:
(1)  the confidentiality of a person's utility or solid waste disposal account information and the prevention of disclosure to a person or other entity that is not a party to the agreement;  and
(2)  the apportionment of any past due charges, fees, and service charges authorized by Subsection (b)(2) between the collecting entity and the entity to which the fees are owed.
Added by Acts 2003, 78th Leg., ch. 271, Sec. 1, eff. June 18, 2003.
Renumbered from Local Government Code, Section 402.910 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(13), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.912. Certain Damages Caused by Sewage Backup

Sec. 552.912.  CERTAIN DAMAGES CAUSED BY SEWAGE BACKUP.  (a)  A municipality or a river authority, other than a river authority listed in Subsection (c), may pay actual property damages caused by the backup of the municipality's or river authority's sanitary sewer system regardless of whether the municipality or river authority would be liable for the damages under Chapter 101, Civil Practice and Remedies Code.
(b)  This section does not waive governmental immunity from suit or liability.
(c)  This section does not apply to the Trinity River Authority, the San Jacinto River Authority, the Sabine River Authority, or the Lower Neches Valley River Authority.
Added by Acts 2009, 81st Leg., R.S., Ch. 1119 (H.B. 1174), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.913. Combined Heating and Power Systems in Certain Municipalities

Sec. 552.913.  COMBINED HEATING AND POWER SYSTEMS IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a home-rule municipality that:
(1)  has a population of more than 100,000;
(2)  owns and operates an electric utility that is a member of a municipal power agency; and
(3)  is located in a county adjacent to a county with a population of more than 2.5 million.
(b)  To the extent this section conflicts with a municipal charter provision, this section controls.
(c)  A municipality may buy, own, construct, maintain, and operate a combined heating and power system or plant and related infrastructure.
(d)  The governing body of the municipality may designate a combined heating and power economic development district that includes territory that:
(1)  is within three miles of the combined heating and power plant;
(2)  is wholly located within the corporate boundaries of the municipality; and
(3)  does not have an interstate or federal highway located within the boundaries of the district on the date the territory is designated.
(e)  The municipality may sell an energy commodity from the system or plant, including electricity, chilled water, steam, or gas.  The municipality may sell gas only to industrial customers located in the combined heating and power economic development district.
(f)  The municipality shall assess fees against a municipal entity selling gas to industrial customers in the combined heating and power economic district that are substantially the same as the fees assessed against a gas utility that is not owned by the municipality for occupation of a municipal right-of-way.
Added by Acts 2011, 82nd Leg., R.S., Ch. 38 (S.B. 1230), Sec. 1, eff. May 9, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 199, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.914. Utility Contracts for Certain Municipalities

Sec. 552.914.  UTILITY CONTRACTS FOR CERTAIN MUNICIPALITIES.  (a)  In this section, "utility system" means an electric, water, sewer, solid waste disposal, drainage utility, or natural gas system, or any combination of those systems.
(b)  This section applies only to a municipality described by Section 1502.070(a)(2)(C), Government Code.
(c)  Notwithstanding any limitation provided by a home rule charter, the governing body, board of trustees, or other entity vested with the management and control of the municipality's utility system may contract for the purchase of electricity under terms the governing body, board of trustees, or other entity considers appropriate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 98 (S.B. 795), Sec. 2, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 552 - Municipal Utilities › Subchapter Z. Miscellaneous Provisions › Section 552.915. Records of Municipally Owned Electric Utility Providing Broadband Services

Sec. 552.915.  RECORDS OF MUNICIPALLY OWNED ELECTRIC UTILITY PROVIDING BROADBAND SERVICES.  (a)  In this section, "broadband service" has the meaning assigned by Section 181.048, Utilities Code.
(b)  This section applies only to a municipally owned utility that:
(1)  provides electricity and broadband services; and
(2)  provided electricity services and cable, Internet, or broadband services on or before January 1, 2003.
(c)  A municipally owned utility shall maintain separate books and records of broadband service operations and shall ensure that the rates charged for provision of electric service do not include any broadband service costs or any other costs not related to the provision of electric service.
Added by Acts 2023, 88th Leg., R.S., Ch. 1148 (S.B. 983), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.001. Flood Control Property; Condemnation

Sec. 561.001.  FLOOD CONTROL PROPERTY;  CONDEMNATION.  (a)  A county may acquire public or private real property, including easements and rights-of-way, for the purpose of building canals, drains, levees, and other improvements to provide for flood control and water outlets.  The county has the right of eminent domain to make an acquisition under this section.
(b)  An appeal from a finding and assessment of damages by special commissioners in a condemnation case does not act to suspend the work for which the property is acquired.
(c)  A county may, if the commissioners court of the county considers it necessary, obtain the fee title to the property that is the subject of the condemnation.  However, a county may not obtain through condemnation the fee title to property lawfully used or occupied by a public utility, railroad, canal, levee, or any other person devoting its property to a public use.  This prohibition does not prevent the county from condemning an easement or a right-of-way in favor of the county.
(d)  If the commissioners court considers it necessary to condemn an easement on the property of a person that also has the power of eminent domain, the expense of acquisition, construction, and maintenance of the flood control or drainage project is the obligation of the county, flood control district, or drainage district, as the case may be.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 411.001 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.002. Joint Project

Sec. 561.002.  JOINT PROJECT.  (a)  The commissioners court of a county may contract with a governmental unit, including a county, municipality, or other political subdivision, to jointly acquire a right-of-way or to jointly construct or maintain a canal, drain, levee, or other improvement for the purpose of providing flood control or drainage as it relates to flood control or for the purpose of providing and maintaining necessary outlets.
(b)  The contract may contain any provisions that the governing bodies of the contracting entities consider necessary.
(c)  The contracting entities may provide by contract, on mutually agreeable terms, that they shall jointly maintain the project or that one of them shall maintain the project under its exclusive direction and control while the other entity contributes to the expense of maintenance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 411.002 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.003. Plans and Programs

Sec. 561.003.  PLANS AND PROGRAMS.  (a)  The commissioners court of a county may contract with the federal soil conservation service, a state soil conservation district, the state extension service, a conservation and reclamation district, a drainage district, a water control and improvement district, a navigation district, a flood control district, a levee improvement district, or a municipality as provided by Section 256.006, Transportation Code, for the purpose of carrying out plans and programs for flood control and soil conservation.  The contract may provide that payments due under the contract are payable from and secured by a pledge of any revenue of the county or the county's ad valorem taxes or a combination of those revenues and taxes.
(b)  The contract may divide or delegate among the contracting parties the responsibility and cost of carrying out the plans and programs and may be for a specified term of years or may terminate when the plans or programs have been accomplished.
(c)  The contract may provide that, if the contracting agency, district, or municipality issues bonds payable from and secured by revenues derived from the contract, the contract will continue in effect until the bonds, or any refunding bonds issued in their place, are fully paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.228, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1183, Sec. 8, eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 411.003 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.004. Survey by County With Tax Valuation of $290 Million or More

Sec. 561.004.  SURVEY BY COUNTY WITH TAX VALUATION OF $290 MILLION OR MORE.  In a county with a tax valuation of $290 million or more according to the most recently approved county tax roll, the commissioners court of the county may spend not more than $15,000 in any one year out of the general fund of the county to make a preliminary engineering survey relating to drainage, reclamation, conservation, levee improvement, or water control.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 411.004 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.005. Cooperation With United States

Sec. 561.005.  COOPERATION WITH UNITED STATES.  (a)  The commissioners court of a county that borders Mexico, or of a county adjacent to a county that borders Mexico, may, in consideration of the benefits of flood control work performed by the United States, by resolution agree to:
(1)  indemnify and hold harmless the United States and its officers, agents, or employees for damage or a claim for damage asserted by any person if:
(A)  the damage or claim arises from or is connected with the action of the United States or its officers, agents, or employees in entering, occupying, constructing on, or exercising a right in or to land located in the county;  and
(B)  the action by the United States or its officers, agents, or employees is in connection with the construction, reconstruction, alteration, extension, improvement, maintenance, or operation of flood control works or works that are connected or incidental to flood control works;
(2)  obtain any release or waiver of claims and provide evidence of the county's interest in land located in the county and needed for flood control works or works that are connected or incidental to flood control works, as required by the United States;  and
(3)  acquire and without monetary compensation convey to the United States any interest in land located in the county and needed for flood control works, on request of the United States.
(b)  The commissioners court, county attorney, and county engineer shall do all things useful and necessary to carry out the provisions of the agreement.
(c)  If the agreement provides for the conveyance of an interest in land to the United States, the county judge may convey the interest by warranty deed on behalf of the county according to the terms of the agreement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 411.005 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.006. Grant of Seawall Right-of-Way

Sec. 561.006.  GRANT OF SEAWALL RIGHT-OF-WAY.  (a)  The commissioners court of a county by order may, if it considers it proper, donate and grant to the state or to a nonprofit eleemosynary institution incorporated under the laws of this state and operated for the benefit of the public any part of a seawall right-of-way acquired by the county.
(b)  If the commissioners court determines that a seawall right-of-way should be donated, the county judge may convey the property in accordance with the order of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 411.006 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.007. Master Drainage Plan for Certain Counties

Sec. 561.007.  MASTER DRAINAGE PLAN FOR CERTAIN COUNTIES.  (a)  This section applies only to a county that:
(1)  has a population of 190,000 or more, is adjacent to a county with a population of 3.3 million or more, and borders the Gulf of Mexico; and
(2)  operates a road department system under Subchapter D, Chapter 252, Transportation Code.
(b)  The commissioners court may require the county road engineer to prepare and coordinate a county master drainage plan.  The commissioners court by order may adopt regulations to implement the county master drainage plan.
Added by Acts 1997, 75th Leg., ch. 989, Sec. 1, eff. Sept. 1, 1997.
Renumbered from Local Government Code, Section 411.007 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 102, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.008. Breakwaters in Certain Counties

Sec. 561.008.  BREAKWATERS IN CERTAIN COUNTIES.  (a)  The commissioners court of a county that borders the Gulf of Mexico, other than Jefferson, Kenedy, Kleberg, Nueces, Orange, or Willacy County, may:
(1)  construct breakwaters;
(2)  issue bonds, time warrants, or certificates of indebtedness of the county to pay for the construction;  and
(3)  impose ad valorem taxes to pay the bonds, warrants, or certificates.
(b)  The commissioners court shall:
(1)  issue any bonds and impose related taxes in compliance with Subtitles A and C, Title 9, Government Code;  or
(2)  issue any time warrants in compliance with Subchapter C, Chapter 262, and impose related taxes in compliance with Chapter 1251, Government Code.
(c)  A certificate of indebtedness must be authorized by order of the commissioners court.  A certificate of indebtedness must mature not later than 35 years after its date and must be signed by the county judge and attested by the county clerk.  The commissioners court shall impose a tax sufficient to pay the principal of and interest on the certificate as they become due.
(d)  A county that maintains a permanent improvement fund shall pay the debt incurred under this section from that fund.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 14, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 41, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 411.008 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.009. Referendum on Flood Control Tax and Projects Funded

Sec. 561.009.  REFERENDUM ON FLOOD CONTROL TAX AND PROJECTS FUNDED.  (a)  The commissioners court of a county may order a referendum on the question of whether:
(1)  flood control taxes should be increased;
(2)  flood control taxes should be decreased;  or
(3)  an existing or proposed flood control project should receive funding.
(b)  The ballot for a referendum under this section shall be printed to permit voting for or against one or more of the following propositions:
(1)  "Whether the flood control tax imposed under Section 1-a, Article VIII, Texas Constitution, should be increased by (state amount of increase as a percentage or as a specific amount)";
(2)  "Whether the flood control tax imposed under Section 1-a, Article VIII, Texas Constitution, should be decreased by (state amount of decrease as a percentage or as a specific amount)";  or
(3)  "Whether the following flood control projects should receive funds generated by the flood control tax imposed under Section 1-a, Article VIII, Texas Constitution (list any flood control projects designated by the commissioners court as available for funding)."
(c)  If a majority of votes cast in the referendum approve an increase in the flood control tax, the flood control tax is increased.  If a majority of votes cast in the referendum approve a decrease in the flood control tax, the flood control tax is decreased.  A flood control project for which a majority of the votes cast at the referendum do not approve funding may not receive funds from revenue generated by the flood control tax.
Added by Acts 2001, 77th Leg., ch. 273, Sec. 1, eff. May 22, 2001.
Renumbered from Local Government Code, Section 411.009 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 561 - Water Control by Counties › Section 561.010. Provision of Flood Relief to Colonias

Sec. 561.010.  PROVISION OF FLOOD RELIEF TO COLONIAS.  (a)  In this section, "colonia" means a geographic area that consists of 11 or more dwellings located in close proximity to each other in an area that may be described as a community or neighborhood and that:
(1)  has a majority population composed of individuals and families of low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and meets the qualifications of an economically distressed area under Section 17.921, Water Code; or
(2)  has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs.
(b)  A county may provide assistance for the removal from private property, including a road, of flood water resulting from a natural disaster in a colonia if the removal of the water is necessary to protect the health and safety of the colonia.
Added by Acts 2009, 81st Leg., R.S., Ch. 383 (H.B. 1579), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter A. Sale of Surplus Water › Section 562.001. Definition

Sec. 562.001.  DEFINITION.  In this subchapter, "county surplus water" means water that a county has acquired from an underground source for the county's water supply and that is not needed for county purposes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.001 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter A. Sale of Surplus Water › Section 562.002. Sale of Surplus Water; Use of Proceeds

Sec. 562.002.  SALE OF SURPLUS WATER;  USE OF PROCEEDS.  (a)  The commissioners court of a county may sell and deliver county surplus water to:
(1)  a public corporation of this state;  or
(2)  a political subdivision of this state, including a municipality, water control and improvement district, or fresh water supply district.
(b)  A county shall credit money received from the sale of county surplus water to the general fund of the county and may spend the money for general county purposes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.002 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter A. Sale of Surplus Water › Section 562.003. Establishment of Rate

Sec. 562.003.  ESTABLISHMENT OF RATE.  The commissioners court may determine the rate at which county surplus water is sold.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.003 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter A. Sale of Surplus Water › Section 562.004. Term of Contract

Sec. 562.004.  TERM OF CONTRACT.  A contract to sell county surplus water may not exceed a term of 40 years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.004 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter A. Sale of Surplus Water › Section 562.005. Use or Resale

Sec. 562.005.  USE OR RESALE.  A buyer of county surplus water may use or resell the water for any lawful purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.005 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.011. Matagorda County

Sec. 562.011.  MATAGORDA COUNTY.  (a)  The Commissioners Court of Matagorda County may acquire, construct, or operate a water supply system or sewage system to serve areas of the county located outside the limits of a municipality.
(b)  The county may enter a management or lease agreement with another public or private entity for the operation of a county water or sewage system acquired or constructed under this section.
(c)  The county may apply for and receive grants or other assistance from a state or federal governmental entity to implement the purposes of this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.011 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.012. Contract for Water Supply and Sewer System in Populous County

Sec. 562.012.  CONTRACT FOR WATER SUPPLY AND SEWER SYSTEM IN POPULOUS COUNTY.  (a)  The commissioners court of a county that has a population of more than 1.3 million and in which a municipality with a population of more than one million is primarily located may enter a contract with a district created under Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas Constitution under which the district will provide and operate a water supply system or sewage system in areas of the county located outside the limits of a municipality.
(b)  The commissioners court may distribute federal funds and state water conservation and development funds received by the county to a district that is a party to a contract under this section.  Those funds may be used only for the construction, renovation, or maintenance of a water supply system or sewage system that is covered by a contract under this section.
(c)  The acts performed and services provided under this section by a district must be within the scope of the powers, duties, and purposes of the district as provided by the laws under which the district was created.
(d)  A contract that affects a municipality's extraterritorial jurisdiction as established by Chapter 42 must be submitted to and approved by the municipality.
(e)  If a contract under this section affects an area not located within the limits of the contracting district, district funds may not be used to fulfill the contract.
(f)  A county and a district that contract under this section must submit the contract to the Texas Natural Resource Conservation Commission for approval.  The commission shall examine the contract to assure that the interests of the residents of the district are served and protected.  A county may not enter a contract that the commission determines would jeopardize the quality of service provided by a district to the persons residing in the district.  The commission may submit suggested changes to the parties for inclusion in the contract before the commission gives its approval.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 104, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.260, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 669, Sec. 109, 110, eff. Sept. 1, 2001.
Renumbered from Local Government Code, Section 412.012 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.013. Water Needs of Certain Counties With River

Sec. 562.013.  WATER NEEDS OF CERTAIN COUNTIES WITH RIVER.  (a)  In a county with a river that flows through it or forms part of its boundary, the commissioners court of the county may, on voter approval, make expenditures from the general fund, or any other available county fund, to conduct an investigation and assemble information relating to the present and future water needs of the county inhabitants and to the feasibility of developing the water resources of the river for uses in the county.
(b)  To obtain the voter approval required by Subsection (a), the commissioners court must order an election at which each qualified voter of the county is entitled to vote.  The court shall determine the maximum cost of the proposed investigation and shall order the ballots for the election to be printed to provide for voting for or against the proposition:  "Spending county funds for the purpose of making a survey of water resources, in an amount not to exceed $________ (the maximum amount determined by the court)."
(c)  If a majority of the ballots cast at the election are in favor of the expenditure, the commissioners court may contract for professional services and incur other necessary expenses in an amount not to exceed the maximum amount fixed for this purpose.  If a majority of the ballots cast are opposed to the expenditure, the commissioners court may not spend funds for this purpose, and another election on the proposition may not be held for two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 412.013 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.014. Acquisition of Property for Water Supply or Transport of Water

Sec. 562.014.  ACQUISITION OF PROPERTY FOR WATER SUPPLY OR TRANSPORT OF WATER.  (a)  The commissioners court of a county may acquire by purchase, gift, lease, or any other method, except condemnation, any property or an interest in property inside or outside the county that the commissioners court finds necessary to obtain a surface water supply or to transport and deliver surface water.
(b)  If the property being acquired is located outside the county, the commissioners court of the county or counties where the property is located shall hold a public hearing and acquisition must be approved by the commissioners court at a regular meeting of the court.
(c)  The commissioners court may contract with any political subdivision of the state for the management and operation of all or part of the property or interests in property and for the beneficial use of the surface water.  A contract may be made on terms the commissioners court considers appropriate but may not be for a term of more than 40 years.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 84(a), eff. Aug. 28, 1989.
Renumbered from Local Government Code, Section 412.014 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.015. County Water and Sewer Utility

Sec. 562.015.  COUNTY WATER AND SEWER UTILITY.  An affected county, as defined by Section 16.341, Water Code, may own, operate, or maintain a water or sewer utility in the same manner as a municipality under Chapter 552.
Added by Acts 1995, 74th Leg., ch. 979, Sec. 5, eff. June 16, 1995.
Renumbered from Local Government Code, Section 412.015 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(14), eff. April 1, 2009.