reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.504. Additional Security for Bonds or Notes

Sec. 65.504.  ADDITIONAL SECURITY FOR BONDS OR NOTES.  (a)  The bonds or notes, within the discretion of the board, may be additionally secured by a deed of trust or mortgage lien on all or part of the physical properties of the district, and franchises, easements, water rights, and appropriation permits, leases, and contracts and all rights appurtenant to those properties, vesting in the trustee power to sell the property for payment of the indebtedness, power to operate the property, and all other authority necessary for the further security of the bonds or notes.
(b)  The trust indenture, regardless of the existence of the deed of trust or mortgage lien on any property, may:
(1)  include provisions prescribed by the board for the security of the bonds or notes and the preservation of the trust estate;
(2)  make provision for amendment or modification;
(3)  condition the right to spend district money or sell district property on approval of a registered professional engineer selected as provided in the trust indenture;  and
(4)  make provision for investment of funds of the district.
(c)  Any purchaser under a sale under the deed of trust or mortgage lien, if one is given, is absolute owner of the property, facilities, and rights purchased and is entitled to maintain and operate them.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.505. Method for Issuance of Bonds and Notes

Sec. 65.505.  METHOD FOR ISSUANCE OF BONDS AND NOTES.  Bonds or notes may be issued by resolution or order of the board.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.506. Provisions of Bonds or Notes

Sec. 65.506.  PROVISIONS OF BONDS OR NOTES.  (a)  In an order or resolution authorizing the issuance of bonds or notes, including refunding bonds, the board may provide for the flow of funds, the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds, and may enter into additional covenants relating to the bonds or notes and the pledged revenues and to the operation and maintenance of those works, improvements, facilities, plants, equipment, and appliances the revenues of which are pledged, including provision for the operation or for the leasing of all or any part of the improvements and the use or pledge of money derived from the operation contracts and leases, as the board considers appropriate.
(b)  An order or resolution of the board authorizing the issuance of bonds or notes also may prohibit the further issuance of bonds, notes, or other obligations payable from the pledged revenue or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued, subject to the conditions that may be set forth in the order or resolution.
(c)  An order or resolution of the board issuing bonds or notes may include other provisions and covenants determined by the board that are not prohibited by the constitution or by this chapter.
(d)  The board may adopt and have executed any other proceedings or instruments necessary and convenient in the issuance of bonds or notes.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.507. Use of Bond or Note Proceeds

Sec. 65.507.  USE OF BOND OR NOTE PROCEEDS.  The district may use bond or note proceeds to pay interest, administrative, and operating expenses expected to accrue during the period of construction.  The period of construction under this section may not exceed three years as provided by the bond order or resolution.  The district also may use bond or note proceeds to pay expenses incurred and to be incurred in the issuance, sale, and delivery of the bonds or notes.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.508. Sale or Exchange of Bonds

Sec. 65.508.  SALE OR EXCHANGE OF BONDS.  (a)  The board shall sell the bonds on the best terms and for the best possible price, but the bonds may not be sold for less than 95 percent of their face value.
(b)  The district may exchange bonds for property acquired by purchase or in payment of the contract price of work done or services performed for the use and benefit of the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.510. Refunding Bonds

Sec. 65.510.  REFUNDING BONDS.  (a)  A district may issue bonds to refund all or any part of its outstanding bonds, notes, or other obligations, including matured but unpaid interest coupons.
(b)  Refunding bonds shall mature serially or otherwise not more than 40 years from their date and shall bear interest at any rate or rates permitted by the constitution and laws of this state.
(c)  Refunding bonds may be payable from the same source as the bonds, notes, or other obligations being refunded or from other additional sources.
(d)  The refunding bonds shall be approved by the attorney general and shall be registered by the comptroller on the surrender and cancellation of the bonds being refunded as provided by Section 65.509 of this code.
(e)  An order or resolution authorizing the issuance of refunding bonds may provide that the refunding bonds will be sold and the proceeds deposited in the place or places at which the bonds being refunded are payable, and the refunding bonds may be issued before the cancellation of the bonds being refunded provided an amount sufficient to pay the principal of and interest on the bonds being refunded to their maturity dates, or to their option dates if the bonds have been duly called for payment prior to maturity according to their terms, is deposited in the place or places at which the bonds being refunded are payable.  The comptroller shall register the refunding bonds without the surrender and cancellation of bonds being refunded.
(f)  A refunding may be accomplished in one or in several installment deliveries.  Refunding bonds and their interest coupons are investment securities under Chapter 8, Business & Commerce Code.
(g)  In lieu of the method set forth in this section, a district may refund bonds, notes, or other obligations as provided by the general laws of this state.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.511. Obligations; Legal Investment; Security for Funds

Sec. 65.511.  OBLIGATIONS;  LEGAL INVESTMENT;  SECURITY FOR FUNDS.  (a)  Bonds, notes, and other obligations issued by a district are legal and authorized investments for all banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, and trustees, guardians, and for interest and sinking funds and other public funds of the state and its agencies, including the permanent school fund, and counties, cities, school districts, and other political subdivisions of the state.
(b)  A district's bonds, notes, and other obligations are eligible to secure deposits of public funds of the state and its agencies and counties, cities, school districts, and other political subdivisions of the state.  The bonds, notes, and other obligations are lawful and sufficient security to the extent of their market value if accompanied by all unmatured interest coupons attached to them.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.513. Mandamus by Bondholders

Sec. 65.513.  MANDAMUS BY BONDHOLDERS.  In addition to other rights and remedies provided by the law of this state, if a district defaults in the payment of principal of, interest on, or redemption price on its bonds when due, or if the district fails to make payments into any fund created in the order or resolution authorizing the issuance of the bonds, or defaults in the observation or performance of any other covenants, conditions, or obligations stated in the resolution or order authorizing the issuance of its bonds, the owners of any of the bonds are entitled to a writ of mandamus issued by a court of competent jurisdiction compelling the district and its officials to observe and perform the covenants, the obligations, or conditions prescribed in the order or resolution authorizing the issuance of the district's bonds.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.515. Cancellation of Unsold Bonds

Sec. 65.515.  CANCELLATION OF UNSOLD BONDS.  (a)  The board, by order or resolution, may provide for the cancellation of all or any part of any bonds that have been submitted to and approved by the attorney general and registered by the comptroller, but not yet sold, and may provide for the issuance of new bonds in lieu of the old bonds in the manner provided by this chapter for the issuance of the original bonds including their approval by the attorney general and their registration by the comptroller.
(b)  The order or resolution of the board shall describe the bonds to be canceled, and also shall describe the new bonds to be issued in lieu of the old bonds.
(c)  A certified copy of the order or resolution of the board providing for the cancellation of the old bonds, together with the old bonds, shall be delivered to the comptroller, who shall cancel and destroy the old bonds and make a record of the cancellation.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.723. Consolidation of Districts

Sec. 65.723.  CONSOLIDATION OF DISTRICTS.  Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.724. Elections to Approve Consolidation

Sec. 65.724.  ELECTIONS TO APPROVE CONSOLIDATION.  (a)  After the board of each district has agreed on the terms and conditions of consolidation, which may include the assumption by each district of the other district's bonds, notes, or other obligations and adoption of a name for the consolidated district, the board of each district shall order an election in each of their respective districts to determine whether the districts should be consolidated.
(b)  The board of each district shall order the election to be held on the same day in each district and shall give notice of the election for the time and in the manner provided by law for bond elections under this chapter.
(c)  The districts may be consolidated only if the qualified voters in each district voting at the election vote in favor of the consolidation.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.725. Governing Consolidated Districts

Sec. 65.725.  GOVERNING CONSOLIDATED DISTRICTS.  (a)  After two or more districts are consolidated, they become one district and are governed as one district.
(b)  During a period of 90 days after the date of the election to approve consolidation, the officers of each district shall continue to act jointly as officers of the original districts to settle the affairs of their respective districts.
(c)  The consolidation agreement may provide that the officers of the original districts shall continue to act jointly as officers of the consolidated district or name persons to serve as officers of the consolidated district until their successors assume office under Subsection (e) of this section.
(d)  On the next available uniform election date, an election shall be called and held, and directors will be elected for the consolidated district in the same manner and for the same term as directors elected under Section 65.103 of this code.
(e)  New officers of the consolidated district must qualify as officers of the district within the period of 90 days after the election and shall assume their offices at the expiration of the 90-day period.
(f)  The current board shall approve the bond of each new officer.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.726. Debts of Original Districts

Sec. 65.726.  DEBTS OF ORIGINAL DISTRICTS.  After two or more districts are consolidated, the debts of the original districts shall be protected and may not be impaired.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.727. Dissolution of District Prior to Issuance of Bonds

Sec. 65.727.  DISSOLUTION OF DISTRICT PRIOR TO ISSUANCE OF BONDS.  (a)  If the board considers it advisable before the issuance of any bonds, notes, or other indebtedness, the board may dissolve a district and liquidate the affairs of the district as provided by this subchapter.
(b)  If a majority of the board finds at any time before the issuance of bonds, notes, or other obligations or the final lending of its credit in another form that the proposed undertaking for any reason is impracticable or apparently cannot be successfully and beneficially accomplished, the board may issue notice of a hearing on a proposal to dissolve the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.728. Notice of Hearing

Sec. 65.728.  NOTICE OF HEARING.  The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located and at three or more other public places within the boundaries of the district and shall publish notice of the hearing two times in a newspaper with general circulation in the district.  The notice must be posted and published at least one time no later than the 14th day before the date set for the hearing on the proposed dissolution of the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.729. Hearing

Sec. 65.729.  HEARING.  The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.730. Board's Order to Dissolve District

Sec. 65.730.  BOARD'S ORDER TO DISSOLVE DISTRICT.  If the board unanimously determines from the evidence that the best interests of the persons and property in the district will be served by dissolving the district, the board shall enter the appropriate findings and order in its records dissolving the district.  Otherwise the board shall enter its order providing that the district has not been dissolved.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter H. Adding and Excluding Territory; Consolidating and Dissolving Districts › Section 65.731. Judicial Review of Board's Order

Sec. 65.731.  JUDICIAL REVIEW OF BOARD'S ORDER.  The board's decree to dissolve the district may be appealed in the manner provided by Sections 65.708-65.710 of this code for the review of an order excluding land from the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter A. General Provisions › Section 66.001. Definitions

Sec. 66.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a stormwater control district.
(2)  "Commission" means the Texas Natural Resource Conservation Commission.
(3)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(4)  "Board" means the board of directors of a district.
(5)  "Director" means a member of the board.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 36, eff. June 19, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.083, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.011. Creation

Sec. 66.011.  CREATION.  A stormwater control district may be created pursuant to Article XVI, Section 59, of the Texas Constitution, as provided by this subchapter.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.012. Purpose of District

Sec. 66.012.  PURPOSE OF DISTRICT.  A district may be created to control stormwater and floodwater and to control and abate harmful excesses of water for the purpose of preventing area and downstream flooding in all or part of a watershed.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.013. Composition of District

Sec. 66.013.  COMPOSITION OF DISTRICT.  A district may be composed of contiguous or noncontiguous areas within all or part of the watershed of a river, stream, creek, or bayou.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.014. Petition

Sec. 66.014.  PETITION.  (a)  To create a district, a person or the commissioners courts in the counties in which all or part of the district is to be located shall file a petition with the executive director requesting creation of the district.
(b)  The petition must be signed by at least 50 persons who reside within the boundaries of the proposed district or by a majority of the members of the commissioners court in each county in which all or part of the district is to be located.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.015. Contents of Petition

Sec. 66.015.  CONTENTS OF PETITION.  The petition must include:
(1)  a description of the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area;
(2)  a statement of the general nature of the work proposed to be done by the district and the estimated cost of any work to be done by the district;  and
(3)  the proposed name of the district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.016. District Name

Sec. 66.016.  DISTRICT NAME.  (a)  A district shall be named the ______________________ (Insert name of county, river, stream, creek, or bayou in district) Stormwater Control District.
(b)  A district may not have the same name as any other district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.018. Notice and Hearing on District Creation

Sec. 66.018.  NOTICE AND HEARING ON DISTRICT CREATION.  If a petition is filed under Section 66.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a hearing if the commission determines that a hearing is necessary under Section 49.011.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1070, Sec. 44, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.019. Commission Findings and Decision

Sec. 66.019.  COMMISSION FINDINGS AND DECISION.  (a)  After considering the petition, the commission shall grant the petition if it finds that:
(1)  the petition conforms to the requirements of Sections 66.014 and 66.015;  and
(2)  the projects proposed by the district are feasible and practicable, are necessary, and will be a benefit to land included in the district.
(b)  In making its decision, if the commission finds that a part of the land to be included in the district will not be benefited by creation of the district, the commission shall make this finding, exclude the nonbenefited land from the proposed district, and redraw the boundaries of the proposed district to conform to this change.
(c)  The commission shall deny the petition if it finds that:
(1)  the petition does not conform to the requirements of Sections 66.014 and 66.015 of this code;  or
(2)  the projects proposed for the district are not feasible, practicable, or necessary, or will not benefit any of the land proposed to be included in the district.
(d)  A copy of the commission's order including its findings and decision shall be mailed to the petitioners as provided by rules of the commission.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 37, eff. June 19, 1987;  Acts 1997, 75th Leg., ch. 1070, Sec. 45, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.020. Appeal of Commission Order

Sec. 66.020.  APPEAL OF COMMISSION ORDER.  The order of the commission granting or denying a petition may be appealed as provided by Chapter 2001, Government Code.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter B. Creation of District › Section 66.021. Temporary Directors

Sec. 66.021.  TEMPORARY DIRECTORS.  (a)  If the commission grants the petition, it shall appoint five persons who reside within the boundaries of the proposed district to serve as temporary directors until the initial regular directors are elected.
(b)  The person who submits the petition for creation of the district shall submit a list of at least five persons for appointment as temporary directors, and the commission shall consider those recommendations when making the appointments.
(c)  The temporary directors must have the same qualifications for office as provided by Section 66.102 of this code for permanent directors.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter C. Administrative Provisions › Section 66.101. Board of Directors

Sec. 66.101.  BOARD OF DIRECTORS.  A district shall be governed by a board of directors composed of five members, who are elected as provided in Chapter 49.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 37, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter C. Administrative Provisions › Section 66.102. Qualification of Directors

Sec. 66.102.  QUALIFICATION OF DIRECTORS.  To serve as a director, a person must be at least 18 years old, a qualified voter, and a resident of the district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter C. Administrative Provisions › Section 66.118. Rules

Sec. 66.118.  RULES.  After notice and hearing, the board shall adopt rules to carry out this chapter, including rules providing procedures for giving notice and holding hearings before the board.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter D. Powers and Duties › Section 66.201. General Powers

Sec. 66.201.  GENERAL POWERS.  The district may:
(1)  acquire land to construct facilities for the district;
(2)  construct regional stormwater retention and detention pond facilities to retain stormwater runoff and to prevent area and downstream flooding in the district;
(3)  construct outfall drainage ditches and similar facilities to control stormwater and floodwater and prevent area and downstream flooding;
(4)  provide for and use the land on which regional stormwater retention and detention pond facilities are located for park and recreational areas when the area is not used for holding water;
(5)  provide financing for land and facilities and for construction of facilities from money obtained from sources provided by this chapter and other laws of this state;
(6)  advise, consult, contract, cooperate with, and enter into agreements with the federal government and its agencies, the state and its agencies, local governments, and persons;  and
(7)  apply for, accept, receive, and administer gifts, grants, loans, and other funds available from any source.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter D. Powers and Duties › Section 66.202. Plan for Facilities

Sec. 66.202.  PLAN FOR FACILITIES.  (a)  Before the district begins to acquire land and construct facilities, the district engineer under the supervision of the board shall prepare a detailed plan for the location of stormwater retention and detention ponds and outfall drainage ditches or other similar facilities within the district and for the acquisition of land and construction of those works and facilities.
(b)  In preparing the plan, the district shall attempt to locate stormwater retention and detention ponds and outfall drainage ditches and other similar facilities so that they will provide the minimum amount of runoff in the district while at the same time providing the maximum amount of protection from area and downstream flooding.
(c)  On completion of the plan by the employees, the board shall approve the plan as the tentative plan and shall submit the plan to the commission and to the commissioners court of each county in which all or part of the district is located.
(d)  The commission and each commissioners court shall review the plan.
(e)  Within 60 days after the date on which a plan is submitted to a commissioners court, the commissioners court shall prepare its suggestions for change in the plan and shall submit those suggestions in writing to the commission.
(f)  Not later than 10 days after the first day on which the commission has received written suggestions from all commissioners courts to which the plan was submitted, the commission shall give notice and hold a hearing to consider the plan together with its suggestions and the suggestions for change from the commissioners courts.  Notice shall be given and the hearing held as provided by Chapter 2001, Government Code.
(g)  At the conclusion of the hearing, the commission shall issue an order stating the changes made in the plan, if any, and approving the plan.
(h)  An order of the commission under this section may not be appealed.
(i)  Amendments and modifications to a plan shall be made in the manner provided by this section for preparation and approval of the original plan.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter D. Powers and Duties › Section 66.216. Transfer of Land and Facilities

Sec. 66.216.  TRANSFER OF LAND AND FACILITIES.  (a)  On completion of all facilities proposed to be built by the district, the district shall transfer title to the land and facilities other than detention ponds to the county or counties in which the land and facilities are located.
(b)  Each county that receives transfer of title to land and facilities under Subsection (a) of this section shall maintain those facilities and shall use the land and facilities for the purpose of stormwater retention and detention ponds and for park and recreational areas as authorized for the district.
(c)  If another regional flood control project is constructed by the state or a political subdivision of the state, the county may transfer title of the land and facilities transferred to it under this section to the state or to the political subdivision to be used for the purposes for which it was originally acquired or constructed by the district.
(d)  A conveyance of land and facilities to the county under this section is made free and clear of all indebtedness of the district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter D. Powers and Duties › Section 66.217. Effect of Transfer

Sec. 66.217.  EFFECT OF TRANSFER.  (a)  On conveyance of land and facilities to a county under this subchapter the district is no longer responsible for the land and facilities or their maintenance or upkeep, and the control over the land and facilities is solely in the county to which conveyed.
(b)  Conveyance of land and facilities to a county under this subchapter does not affect the duties and responsibilities of the district to pay in full the principal of and the premium, if any, and interest on any outstanding bonds or other indebtedness of the district and to observe and perform the covenants, obligations, or conditions provided by the orders or resolutions authorizing the bonds or other indebtedness.
(c)  Notwithstanding the conveyance of land and facilities to a county under this subchapter, the district is solely responsible and liable for payment in full of the principal of and the premium and interest on any bonds or other indebtedness of the district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter D. Powers and Duties › Section 66.218. Transfer in Portions

Sec. 66.218.  TRANSFER IN PORTIONS.  This subchapter may not be construed as preventing the conveyance of a portion of the land and facilities proposed to be constructed by a district if the district's facilities are constructed in stages.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.303. Annual Budget

Sec. 66.303.  ANNUAL BUDGET.  (a)  The board shall prepare and approve an annual budget.
(b)  The budget shall contain a complete financial statement, including a statement of:
(1)  the outstanding obligations of the district;
(2)  the amount of cash on hand to the credit of each fund of the district;
(3)  the amount of money received by the district from all sources during the previous year;
(4)  the amount of money available to the district from all sources during the ensuing year;
(5)  the amount of the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated amount of revenues and balances available to cover the proposed budget;  and
(7)  the estimated tax rate that will be required.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
Sec. 66.304.  AMENDING BUDGET.  After the annual budget is adopted, it may be amended on the board's approval.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.310. Issuance of Bonds

Sec. 66.310.  ISSUANCE OF BONDS.  (a)  The board may issue and sell bonds in the name of the district to acquire land and construct facilities as provided by this chapter.
(b)  Bonds issued by a district and projects and improvements of the district that are provided through the issuance of bonds are governed by Chapter 49.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 38, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.311. Manner of Repayment of Bonds

Sec. 66.311.  MANNER OF REPAYMENT OF BONDS.  The board may provide for the payment of the principal of and interest on the bonds from the levy and collection of property taxes on all taxable property within the district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.313. Form of Bonds

Sec. 66.313.  FORM OF BONDS.  (a)  The district may issue its bonds in various series or issues.
(b)  Bonds may mature serially or otherwise not more than 50 years from their date and shall bear interest at any rate or rates permitted by the constitution and laws of this state.
(c)  The district's bonds and interest coupons, if any, are investment securities under the terms of Chapter 8 of the Business & Commerce Code and may be issued registrable as to principal or as to both principal and interest or may be issued in book entry form and may be made redeemable before maturity at the option of the district or may contain a mandatory redemption provision.
(d)  The district's bonds may be issued in the form, denominations, and manner and under the terms, conditions, and details and shall be signed and executed as provided by the board in the resolution or order authorizing their issuance.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.314. Provisions of Bonds

Sec. 66.314.  PROVISIONS OF BONDS.  (a)  In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds, the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds and may make additional covenants with respect to the bonds and the pledged fees.
(b)  The orders or resolutions of the board authorizing the issuance of bonds may also prohibit the further issuance of bonds or other obligations payable from the pledged fees or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the fees on a parity with or subordinate to the pledge in support of the bonds being issued.
(c)  The orders or resolutions of the board issuing bonds may contain other provisions and covenants as the board may determine.
(d)  The board may adopt and have executed any other proceedings or instruments necessary and convenient in connection with the issuance of bonds.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.315. Approval by Attorney General; Registration by Comptroller

Sec. 66.315.  APPROVAL BY ATTORNEY GENERAL;  REGISTRATION BY COMPTROLLER.  (a)  Bonds issued by the district and the records relating to their issuance must be submitted to the attorney general for examination.
(b)  If the attorney general finds that the bonds have been authorized in accordance with law, he shall approve them, and they shall be registered by the comptroller of public accounts.
(c)  After the approval and registration of bonds, the bonds are incontestable in any court or other forum for any reason and are valid and binding obligations in accordance with their terms for all purposes.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.316. Refunding Bonds

Sec. 66.316.  REFUNDING BONDS.  Refunding bonds may be issued for the purposes and in the manner provided by general law including Chapter 1207, Government Code.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.422, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.317. Bonds as Investments

Sec. 66.317.  BONDS AS INVESTMENTS.  District bonds are legal and authorized investments for:
(1)  banks;
(2)  savings banks;
(3)  trust companies;
(4)  savings and loan associations;
(5)  insurance companies;
(6)  fiduciaries;
(7)  trustees;
(8)  guardians;  and
(9)  sinking funds of cities, counties, school districts, and other political subdivisions of the state and other public funds of the state and its agencies, including the permanent school fund.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.318. Bonds as Security for Deposits

Sec. 66.318.  BONDS AS SECURITY FOR DEPOSITS.  District bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state.  The bonds are lawful and sufficient security for deposits to the extent of their value when accompanied by all unmatured coupons.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.319. Mandamus by Bondholders

Sec. 66.319.  MANDAMUS BY BONDHOLDERS.  In addition to all other rights and remedies provided by law, if the district defaults in the payment of principal, interest, or redemption price on its bonds when due or if it fails to make payments into any fund or funds created in the orders or resolutions authorizing the issuance of the bonds or defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the orders or resolutions authorizing the issuance of its bonds, the owners of any of the bonds are entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the district and its officials to observe and perform the covenants, obligations, or conditions prescribed in the orders or resolutions authorizing the issuance of the district's bonds.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.320. Application of Other Laws

Sec. 66.320.  APPLICATION OF OTHER LAWS.  Bonds of the district are considered public securities under Chapter 1201, Government Code.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.422, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.321. Tax Status of Bonds

Sec. 66.321.  TAX STATUS OF BONDS.  Since a district created under this chapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to the bonds, and profits made in the sale of the bonds are free from taxation by the state or by any city, county, special district, or other political subdivision of the state.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.322. Levy of Taxes

Sec. 66.322.  LEVY OF TAXES.  The board may annually levy taxes in the district to pay the principal of and interest on bonds issued by the district and the expense of assessing and collecting taxes.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.324. Board Authority

Sec. 66.324.  BOARD AUTHORITY.  (a)  The board may levy taxes for the entire year in which the district is created.
(b)  The board shall levy taxes on all property within the boundaries of the district subject to district taxation.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.325. Tax Rate

Sec. 66.325.  TAX RATE.  In setting the tax rate, the board shall take into consideration the income of the district from sources other than taxation.  On determination of the amount of tax required to be levied, the board shall make the levy and certify it to the tax assessor-collector.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter E. General Fiscal Provisions › Section 66.326. Tax Appraisal, Assessment, and Collection

Sec. 66.326.  TAX APPRAISAL, ASSESSMENT, AND COLLECTION.  (a)  The Tax Code governs the appraisal, assessment, and collection of district taxes.
(b)  The board may provide for the appointment of a tax assessor-collector for the district or may contract for the assessment and collection of taxes as provided by the Tax Code.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter F. Dissolution › Section 66.401. Petition for Dissolution

Sec. 66.401.  PETITION FOR DISSOLUTION.  After a district has completed all construction of facilities provided in the plan and conveyed those facilities to the designated counties and after all bonds and other indebtedness of the district are paid in full, the district shall submit to the commission a petition for dissolution accompanied by such evidence as the commission requires in its rules or by order to show that the plan prepared and adopted in accordance with Section 66.202 of this chapter has been carried out and all bonds and other indebtedness have been paid in full.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 66 - Stormwater Control Districts › Subchapter F. Dissolution › Section 66.402. Order to Dissolve District

Sec. 66.402.  ORDER TO DISSOLVE DISTRICT.  (a)  After considering the petition and the accompanying evidence, if the commission finds that the work is completed according to the plan and the facilities have been conveyed and that all bonds and other indebtedness have been retired, the commission shall order the district dissolved.
(b)  If the commission finds that the work has not been completed according to the plan, that all facilities have not been conveyed, or that all bonds and other indebtedness have not been retired, the commission shall issue an order that will ensure that the work is completed by the district, all conveyances are made, and all debt will be retired, and on compliance with this order shall issue an order dissolving the district.
Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.007, eff. September 1, 2009.