reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.306. Approval of Claim

Sec. 56.306.  APPROVAL OF CLAIM.  (a)  At a regular meeting, the commissioners court shall determine the validity of the claim, and if the commissioners court finds that the claim is correct, it shall approve the claim and enter an order of approval in its minutes.
(b)  After the claim is approved, it is a valid and subsisting claim against the district and shall be filed with the trustee who shall pay the claim in the order it was filed from the district treasury or from funds collected as liquidation taxes.
Acts 1971, 62nd Leg., p. 526, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.307. Appeal

Sec. 56.307.  APPEAL.  If any claimant is not satisfied with the judgment of the commissioners court, he may appeal the judgment in the manner that cases are appealed from the justice court.
Acts 1971, 62nd Leg., p. 526, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.308. Rejection of Claim

Sec. 56.308.  REJECTION OF CLAIM.  (a)  If the trustee finds any claim unjust either in whole or in part, he shall endorse on the claim his refusal to allow it.
(b)  If the whole claim is refused, the claimant may bring suit to collect the claim against the trustee in a court of competent jurisdiction in the county, and if the claim is judged valid by the court, the judgment shall be filed with the trustee and paid in its order as other claims.
(c)  If the claim is refused only in part and the claimant waives his claim to the part refused, he shall file the claim in the commissioners court for approval, but if the claimant does not waive his claim to the part refused, he shall withdraw his claim from the trustee and may bring suit as provided in Subsection (b) of this section.
Acts 1971, 62nd Leg., p. 526, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.309. Bonds and Approved Claims

Sec. 56.309.  BONDS AND APPROVED CLAIMS.  Bonds and approved claims which were outstanding debts of the district before its dissolution are valid and subsisting claims against the district without further approval under this subchapter, but they are subject to contest according to the provisions of this subchapter.
Acts 1971, 62nd Leg., p. 527, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.310. Contesting Claim

Sec. 56.310.  CONTESTING CLAIM.  (a)  If any district taxpayer files with the trustee a protest against any claim which was allowed by the former drainage commissioners before the district was dissolved and which was unpaid at the time the district was dissolved, the trustee shall refuse to pay the claim.  The protest shall be accompanied by a bond in double the amount of the claim with sufficient sureties to be approved by the trustee and payable to the trustee, conditioned on payment by the contestant of all costs of suit if the claimant establishes his claim.
(b)  After the trustee rejects the claim, the claimant may bring suit against the trustee to recover the claim as in other suits of a civil nature, and the contestant and his bondsman shall be parties to the suit.  The trustee shall make all defenses urged against the claim by the contestant.  If the claimant recovers, judgment shall be rendered against the contestant and his bondsman for costs incurred in the suit, and the claimant shall file the judgment with the trustee who shall pay the claim as other claims are paid under this subchapter.
Acts 1971, 62nd Leg., p. 527, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.311. Final Report of Trustee

Sec. 56.311.  FINAL REPORT OF TRUSTEE.  (a)  When all claims against the district are paid and all costs and expenses incurred in controlling and managing the district are satisfied, the trustee shall file with the commissioners court his account for final settlement.
(b)  The trustee's account shall include a complete statement of all money received and paid out, of all property controlled and disposed of by the trustee, and of all other matters relating to management of the district's affairs.
(c)  On approval of the account, the commissioners court shall direct the trustee to turn over to persons entitled to it as found by the commissioners court all money and property remaining in the control of the trustee, and on compliance with this order, the trustee shall report to the commissioners court, and the commissioners court shall enter an order discharging the trustee and his bondsman and closing the trust estate.
(d)  Before entering an order discharging the trustee and the surety on the trustee's bond and closing the trust estate, the commissioners court shall order all transactions of the trustee audited by an independent certified public accountant.  A copy of the audit shall be filed with the commissioners court and the Texas Natural Resource Conservation Commission, and a copy shall be provided to the trustee.
Acts 1971, 62nd Leg., p. 527, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 17, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter J. Alternate Procedure for Annexation by Existing District › Section 56.751. Petition for Annexation

Sec. 56.751.  PETITION FOR ANNEXATION.  The landowners of a defined area of territory not included in a district may file with the secretary of the board a petition requesting an election on the inclusion of the territory in a district.  The petition must:
(1)  be signed by registered voters residing in the territory equal in number to at least five percent of the number of votes received in the territory to be included by all candidates in the most recent gubernatorial general election;  and
(2)  describe by metes and bounds the territory to be included in the district.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter J. Alternate Procedure for Annexation by Existing District › Section 56.752. Hearing on Determination of Petition

Sec. 56.752.  HEARING ON DETERMINATION OF PETITION.  (a)  The board shall hear the petition to determine if the petition meets the requirements of Section 56.751.
(b)  The board by order shall set the time and place of the hearing on the petition.  The hearing shall be held not less than 30 days after the date of the order.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter J. Alternate Procedure for Annexation by Existing District › Section 56.753. Notice of Hearing

Sec. 56.753.  NOTICE OF HEARING.  (a)  The secretary of the board shall issue notice of the time and place of the hearing.  The notice must describe the territory proposed to be annexed.
(b)  The secretary shall post copies of the notice in three public places in the district and one copy in a public place in the territory proposed to be annexed.  The notices must be posted for at least 15 days before the day of the hearing.
(c)  The notice must be published one time in a newspaper with general circulation in the county.  The notice must be published at least 15 days before the day of the hearing.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter J. Alternate Procedure for Annexation by Existing District › Section 56.754. Elections to Approve Annexation of Territory

Sec. 56.754.  ELECTIONS TO APPROVE ANNEXATION OF TERRITORY.  (a)  If the board determines the petition meets the requirements of Section 56.751, the board shall order elections to approve the annexation.
(b)  Annexation of the territory must be approved by a majority vote of the voters at a separate election held in the district and by a majority vote of the voters at a separate election held in the territory proposed to be added.
(c)  If the district has outstanding debts or taxes, the election to approve annexation also determines whether the territory to be added assumes its proportion of the debts or taxes if the territory is added to the district.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter J. Alternate Procedure for Annexation by Existing District › Section 56.755. Notice and Procedure of Election

Sec. 56.755.  NOTICE AND PROCEDURE OF ELECTION.  The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters are governed by Subchapter E, Chapter 58.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter J. Alternate Procedure for Annexation by Existing District › Section 56.756. Liability of Added Territory

Sec. 56.756.  LIABILITY OF ADDED TERRITORY.  The added territory shall bear its pro rata part of all indebtedness or taxes that may be owed, contracted, or authorized by the district to which it is added.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.801. Consolidation of Districts

Sec. 56.801.  CONSOLIDATION OF DISTRICTS.  Two or more districts governed by this chapter may consolidate into one district as provided by this subchapter.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.802. Consolidation by Agreement

Sec. 56.802.  CONSOLIDATION BY AGREEMENT.  (a)  The boards of the districts proposed to be consolidated may initiate consolidation.
(b)  The board of each district proposed to be consolidated must agree on the terms and conditions of consolidation.  The consolidation agreement may include adoption of a name for the consolidated district and designation of election precincts for the consolidated district.  After the boards have agreed to the terms and conditions of consolidation, the boards jointly shall order an election to be held in each district to determine whether the districts should be consolidated.
Amended by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.803. Consolidation by Petition

Sec. 56.803.  CONSOLIDATION BY PETITION.  (a)  Consolidation may be initiated by a petition requesting that the districts be consolidated.
(b)  The petition must be signed by a number of qualified voters in each district proposed to be consolidated that is equal to at least five percent of the number of votes cast in the district in the most recent gubernatorial general election.  There must be one petition for each district proposed to be consolidated.  A qualified voter may sign only the petition for the district in which the voter resides.
(c)  The petitions shall be filed simultaneously with the secretary of each district proposed to be consolidated.
(d)  A district's board shall determine whether the petition presented to that district meets the requirements of Subsection (b) and shall notify the board of each other district proposed to be consolidated whether the petition meets the requirements of Subsection (b).
(e)  If the petitions meet the requirements of Subsection (b) in all districts proposed to be consolidated, the boards of the districts proposed to be consolidated shall:
(1)  issue a joint order for an election to be held on the same day in each district to determine whether the districts should be consolidated;  and
(2)  give notice of the election in the manner provided by law for other elections.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.804. Time of Holding Election; Cost of Election

Sec. 56.804.  TIME OF HOLDING ELECTION;  COST OF ELECTION.  (a)  The election shall be held on a uniform election day in May.
(b)  The election date selected must provide sufficient time for the preparation of the necessary voter registration lists for each district.
(c)  Each district proposed to be consolidated is responsible for holding the election in that district and for the cost of the election in that district.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 340, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 6, eff. October 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.805. Ballot

Sec. 56.805.  BALLOT.  The ballot in the election shall be printed to permit voting for or against the proposition:  "Consolidation of __________ (names of districts to be consolidated) into a single drainage district."
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.806. Canvass; Result

Sec. 56.806.  CANVASS;  RESULT.  (a)  The board of each district proposed to be consolidated shall canvass the returns of the election held in that district.  The board of each district shall publish the results for that district.
(b)  If the majority of votes cast in each district favor the consolidation, the districts become one district and are governed as one district.
(c)  If the proposition does not carry, another election for consolidation may not be held in any district that was proposed to be consolidated for at least two years after the results of the election are declared.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.807. Governing Consolidated Districts; Election of Directors

Sec. 56.807.  GOVERNING CONSOLIDATED DISTRICTS;  ELECTION OF DIRECTORS.  (a)  When two or more districts are consolidated, they become one district and are governed as one district.
(b)  Until the directors of the consolidated district are elected and qualify, the directors of each district shall continue to act jointly as directors of the consolidated district.  A vacancy on the joint boards occurring before the permanent directors of the consolidated district are elected may not be filled unless the number of members on the joint board is three or fewer.  If the number of members on the joint board is reduced to three or fewer, the consolidated district shall be governed by three directors.  If there are fewer than three directors, vacancies shall be filled in the same manner as vacancies on elected boards until there are three directors.
(c)  The joint board shall immediately order an election of directors of the consolidated district to be held on the next available uniform election date as provided for election of directors under Chapter 49.
(d)  The consolidation agreement may provide that the directors of the original districts continue to act jointly as directors of the consolidated district until the next election.  The agreement may name persons to serve as directors of the consolidated district until the next election if all directors of the original districts agree to resign.
(e)  The joint board of the consolidated district shall approve the bond of each new director.
(f)  If any of the consolidated districts were operating under Section 59, Article XVI, Texas Constitution, at the time the districts were consolidated, the consolidated district shall operate under Section 59, Article XVI, Texas Constitution, and limitations imposed by Section 52, Article III, Texas Constitution, and this chapter on debts to be incurred and taxes to be levied do not apply to that district unless, not later than the 60th day after the districts are consolidated, the board of directors of the consolidated district adopts a resolution that the consolidated district shall operate under Section 52, Article III, Texas Constitution.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.808. Title to Property; Assumption of Debt

Sec. 56.808.  TITLE TO PROPERTY;  ASSUMPTION OF DEBT.  (a)  Title to all property of the consolidating districts vests in the consolidated district.  The consolidated district assumes and is liable for the outstanding indebtedness of the consolidating districts.
(b)  All enforceable contract rights held or owned by a consolidating district are owned and held by the consolidated district.  The consolidated district is liable for contractual obligations of a consolidating district.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.809. Unexpended Bond Proceeds

Sec. 56.809.  UNEXPENDED BOND PROCEEDS.  Any money received from the sale of bonds by a consolidating district that has not been spent before the date of consolidation may be spent by the consolidated district only on the project for which the bonds were issued.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter K. Consolidation of Districts › Section 56.810. Fiscal Year; Budget

Sec. 56.810.  FISCAL YEAR;  BUDGET.  (a)  A consolidated district shall adopt a fiscal year.  The fiscal year may be provided for in the consolidation agreement or adopted by the board of the consolidated district after the consolidation election.
(b)  The fiscal year of each district that has been consolidated ends on the last day of the month in which the consolidation election was held.  Audits of each district that was consolidated shall be prepared up to and through the last day of the month in which the consolidation election was held.  The first audit of the consolidated district shall be for the period beginning on the first day of the month after the consolidation election and ending on the last day of the fiscal year adopted for the consolidated district.
(c)  A budget shall be adopted for the period beginning on the first day of the month after the consolidation election and continuing through the end of the fiscal year adopted for the consolidated district.
Added by Acts 1999, 76th Leg., ch. 222, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter A. General Provisions › Section 57.001. Definitions

Sec. 57.001.  DEFINITIONS.  In this chapter:
(1)  "District" means levee improvement district.
(2)  "Board" means the board of directors of a levee improvement district.
(3)  "Water commission" means the Texas Natural Resource Conservation Commission.
(4)  "Commissioners court" means the commissioners court of the county in which the district is located or the commissioners court of the county of jurisdiction.
(5)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(6)  "Commission" means the Texas Natural Resource Conservation Commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 30, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.147, 1.155, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.079, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.011. Creation

Sec. 57.011.  CREATION.  A levee improvement district may be created in the manner prescribed by this chapter under Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.012. Petition

Sec. 57.012.  PETITION.  (a)  Before a district is created, a petition must be presented to the commissioners court or to the county judge of the county if the commissioners court is not in session.
(b)  The petition, signed by the owners of a majority of the acreage of the proposed district, shall:
(1)  describe the proposed boundaries of the district;
(2)  state the general nature of the proposed improvements and their necessity and feasibility;
(3)  state whether the taxes proposed to be levied in the district are to be levied on the ad valorem basis or on the benefit basis;  and
(4)  designate a name for the district which shall include the name of the county in which the district is located.
(c)  If the proposed district is composed of land in two or more counties, the petition must designate one of the counties in which any part of the district is to be located as the county of jurisdiction, and this county has jurisdiction over all matters concerning the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.013. Deposit

Sec. 57.013.  DEPOSIT.  (a)  A petition for creation of a district shall be accompanied by a deposit of $50, and if the district is to be composed of more than one county, the deposit shall be $75.
(b)  The deposit shall be paid to the clerk of the commissioners court and the clerk shall use the deposit to pay all expenses incident to the hearing on the petition.  The clerk shall pay the expenses with vouchers approved by the county judge.
(c)  If any of the deposit is left after the expenses are paid, the clerk shall return the excess to the petitioners or their attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.014. Hearing on Petition

Sec. 57.014.  HEARING ON PETITION.  The commissioners court or the county judge to which the petition is presented shall fix a time and place for the hearing on the petition before the commissioners court.  The hearing must be held during the period beginning with the 15th day and ending with the 30th day after the date of the order.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.015. Notice of Hearing

Sec. 57.015.  NOTICE OF HEARING.  (a)  The commissioners court shall order the county clerk to issue notice informing all persons concerned of the time and place of the hearing, and of their right to appear at the hearing to contend for or contest the creation of the district, and the county clerk shall deliver the notice to any adult person who is willing to post it.
(b)  The notice shall be posted at the courthouse door and at a place inside the proposed district.  If the district is located in more than one county, the person posting the notice shall post a copy at the courthouse door in each county in which any portion of the proposed district is located and at a place inside the boundaries of that portion of the district located in each county.  The notice shall be posted for at least 10 days before the date of the hearing.
(c)  Any person who posts the notice shall make an affidavit before some officer authorized by law to administer oaths that he posted the notices.  The affidavit is conclusive of the sworn facts.
(d)  The order of the commissioners court shall direct the county clerk to mail notice of the hearing to the executive director in Austin, Texas.  The notice shall state that the petition has been filed and shall include a statement of the petition's general purpose and the time and the place of the hearing.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 31, eff. June 10, 1981;  Acts 2003, 78th Leg., ch. 248, Sec. 34, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.016. Investigation by Executive Director

Sec. 57.016.  INVESTIGATION BY EXECUTIVE DIRECTOR.  (a)  When the executive director receives the notice provided for in Section 57.015(d), he shall examine the proposed district, and do the work required to determine the necessity, feasibility, and probable costs of reclaiming the land of the district from overflow and of draining it properly.  The executive director shall also determine the costs of organizing the district and maintaining it for two years.
(b)  A representative of the executive director shall attend the hearing on the petition to create the district and file a written report with the commissioners court on matters which have been investigated.  The executive director shall furnish the commissioners court any additional information that is required.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.017. Hearing Procedure

Sec. 57.017.  HEARING PROCEDURE.  (a)  The commissioners court has exclusive jurisdiction to determine all issues with respect to the creation of the district and all issues involved in proceedings with respect to the district after it has been created.
(b)  The commissioners court may adjourn the hearing from day to day and from time to time.
(c)  The commissioners court may make all incidental orders deemed proper with respect to the matters before it.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.018. Conduct of Hearing

Sec. 57.018.  CONDUCT OF HEARING.  At the hearing, the commissioners court shall hear the petition and all issues with respect to the creation of the proposed district.  Any person interested, or his attorney, may appear and contend for or contest the creation of the district and offer testimony pertinent to any issue presented.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.019. Findings and Judgment

Sec. 57.019.  FINDINGS AND JUDGMENT.  (a)  Before the commissioners court determines that the district should be created, it must find:
(1)  that the petition is signed by the owners of a majority of the acreage in the proposed district;
(2)  that notice of the hearing was given;
(3)  that the proposed improvements are desirable, feasible, and practicable;  and
(4)  that the proposed improvements would be a public utility and a public benefit and would be conducive to public health.
(b)  If the commissioners court determines that the district should be created, it shall render a judgment which recites its findings and establishes the district.
(c)  The commissioners court shall include its findings and judgment in an order which shall be recorded in the minutes of the commissioners court.  The order shall define the boundaries of the district, but it does not have to include all of the land described in the petition if at the hearing a modification or change in the district is found to be necessary.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.020. Appeal of Dismissal of Petition

Sec. 57.020.  APPEAL OF DISMISSAL OF PETITION.  If at the hearing on the petition the commissioners court enters an order dismissing the petition, the petitioners or any one of them or any taxpayer in the district may appeal the order to the district court of the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.021. Notice of Appeal

Sec. 57.021.  NOTICE OF APPEAL.  (a)  Notice of the appeal shall be given by announcement at the time the order of the commissioners court is recorded or by written notice within the two-day period immediately following the entry of the order.
(b)  If the notice is announced at the time the order is entered, the notice shall be entered in the minutes of the commissioners court.
(c)  Written notice given under this section shall include a simple statement that the undersigned is appealing the order of the commissioners court and shall be filed with the county clerk.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.022. Appeal Bond

Sec. 57.022.  APPEAL BOND.  Within five days from the date the order is recorded, the appellant must file an appeal bond with two or more good and sufficient sureties, payable to the county judge, approved by the county clerk, and conditioned upon the due prosecution of the appeal and payment of all costs incident to the appeal.  No extension of time will be granted for filing the appeal bond.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.023. Time for Appeal

Sec. 57.023.  TIME FOR APPEAL.  Unless the appeal is perfected according to Sections 57.021-57.022 of this code within five days after the order is rendered, the order shall be final and conclusive.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.024. Transfer of Records and Orders

Sec. 57.024.  TRANSFER OF RECORDS AND ORDERS.  Within five days after the appeal bond is filed, the county clerk must transfer to the clerk of the district court all the records filed with the commissioners court which relate to the establishment of the district and a transcript of the orders of the commissioners court.  No additional pleadings are required.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.025. Trial of Appeal and Judgment

Sec. 57.025.  TRIAL OF APPEAL AND JUDGMENT.  (a)  The district court shall set the appeal for a hearing.  The appeal shall be tried de novo.
(b)  The judgment of the district court shall be final and conclusive, and the decision shall be certified to the commissioners court for its further action.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(45), eff. Aug. 31, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter B. Creation of District › Section 57.026. Authorizing Districts to Operate Under This Chapter

Sec. 57.026.  AUTHORIZING DISTRICTS TO OPERATE UNDER THIS CHAPTER.  (a)  Districts that are organized under the laws of this state for the purpose of reclaiming lands through a system of levees and drainage and that are not governed by the provisions of laws of this state are entitled to and may exercise all the rights, powers, and privileges conferred by this chapter on districts created under it.  They are also entitled to exercise all of the enlarged powers which may be conferred under Article XVI, Section 59, of the Texas Constitution.
(b)  Before a district may operate under the provisions of this chapter, the owners of a majority of the acreage of the district must present to the commissioners court of the county in which the district is located a petition requesting that a hearing be ordered to determine whether or not the district may avail itself of the provisions of this chapter.
(c)  The commissioners court shall fix a time and place for the hearing, and give notice according to the provisions of Section 57.015 of this code.
(d)  At the hearing the commissioners court shall hear evidence for and against the issue presented by the petition.  If it finds that the interests of the district would be promoted by granting the petition, it shall enter a judgment in the record, declaring that:
(1)  it is in the interest of the district to avail itself of all rights, powers, and privileges conferred by this chapter on district created under it;
(2)  the district on behalf of which the petition is filed is entitled to and may exercise all rights, powers, and privileges conferred by this chapter on districts created by it;  and
(3)  the district may exercise all the rights, powers, and privileges as if it were created under this chapter, and shall proceed as if it were created under this chapter.
(e)  The decree of the commissioners court shall not in any way injuriously affect any financial liability of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.051. Appointment of Board of Directors

Sec. 57.051.  APPOINTMENT OF BOARD OF DIRECTORS.  (a)  The commissioners court which creates a levee improvement district under this chapter, by majority vote, shall appoint three directors for the district.
(b)  In a district with a population of 2,000 or more the commissioners court may increase the total number of directors to five.  The additional members appointed under this section must be registered voters in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 804 (H.B. 2202), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.053. Vacancy and Removal

Sec. 57.053.  VACANCY AND REMOVAL.  (a)  A vacancy on an appointed board is filled by the appointment of a director by a majority vote of the commissioners court.   The commissioners court shall appoint directors so that the board will always have full membership.
(b)  The commissioners court, by majority vote, may remove a director who was appointed by the commissioners court.
(c)  A vacancy on an elected board is filled in accordance with Section 49.105.
(d)  A director appointed to fill a vacancy must be a person qualified to serve as a director under Section 57.059.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 28, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 773 (H.B. 2951), Sec. 1, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 30, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.057. Election of Board of Directors

Sec. 57.057.  ELECTION OF BOARD OF DIRECTORS.  After creation of a district, an election may be held to determine whether or not directors for the district will be elected rather than appointed.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1248, ch. 483, Sec. 5a, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.058. Number of Elected Directors; Terms

Sec. 57.058.  NUMBER OF ELECTED DIRECTORS; TERMS.  In districts which have elected boards, there shall be five directors on the board.  The initial elected directors shall draw lots to determine which two initial directors serve two-year terms and which three initial directors serve four-year terms.  In countywide districts, one director shall be elected by the electors of the entire district and one director elected from each county commissioners precinct by the electors of that precinct.  In other districts, all five directors shall be elected from precincts within the district to be established by the commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1248, ch. 483, Sec. 5b, eff. Aug. 29, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 804 (H.B. 2202), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.059. Qualifications for Directors

Sec. 57.059.  QUALIFICATIONS FOR DIRECTORS.  To be qualified to serve as a director, a person must:
(1)  be at least 18 years old;
(2)  own land subject to taxation in the district or be a qualified voter in the district; and
(3)  if the director is elected, be a qualified voter of the precinct in the district established by the commissioners court under Section 57.058 from which the director is elected.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 31, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.060. Petition

Sec. 57.060.  PETITION.  Before an election is held under Section 57.057, a petition, signed by the greater of at least 10 percent of the total number of electors or 100 electors in the district who are qualified to vote, shall be presented to the district requesting that an election be held in the district to determine whether or not directors for the district should be elected.  If the results of an election held under Section 57.057 determine that directors will be elected, the current directors continue to serve until the elected directors qualify to take office.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1249, ch. 483, Sec. 5c, eff. Aug. 29, 1977;  Acts 1995, 74th Leg., ch. 715, Sec. 29, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 804 (H.B. 2202), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter C. Administrative Provisions › Section 57.061. Procedure for Election

Sec. 57.061.  PROCEDURE FOR ELECTION.  After the petition is presented under Section 57.060, the board shall order an election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1249, ch. 483, Sec. 5d, eff. Aug. 29, 1977;  Acts 1995, 74th Leg., ch. 715, Sec. 30, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.091. Purposes of District

Sec. 57.091.  PURPOSES OF DISTRICT.  A district may be created for the following purposes:
(1)  to construct and maintain levees and other improvements on, along, and contiguous to rivers, creeks, and streams;
(2)  to reclaim lands from overflow from these streams;
(3)  to control and distribute the waters of rivers and streams by straightening and otherwise improving them;  and
(4)  to provide for the proper drainage and other improvement of the reclaimed land.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.092. General Powers of District

Sec. 57.092.  GENERAL POWERS OF DISTRICT.  (a)  The district may enter into all necessary and proper contracts and employ all persons and means necessary to purchase, acquire, build, construct, complete, carry out, maintain, protect, and, in case of necessity, add to and rebuild all works and improvements necessary or proper to fully accomplish the purposes of the district, including the reclamation of land within the district.
(b)  The powers granted in this section are subject to the supervision and direction of the commission or other authority created by law.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1247, ch. 483, Sec. 1, eff. Aug. 29, 1977;  Acts 1981, 67th Leg., p. 983, ch. 367, Sec. 32, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.148, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 1423, Sec. 33, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 35, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.093. Adopting Rules and Regulations

Sec. 57.093.  ADOPTING RULES AND REGULATIONS.  A district may adopt and enforce reasonable rules and regulations to:
(1)  preserve the sanitary condition of all water controlled by the district;
(2)  prevent waste or the unauthorized use of water controlled by the district;
(3)  regulate privileges on any land or any easement owned or controlled by the district;
(4)  regulate the design and construction of improvements and facilities that outfall, connect, or tie into district improvements and facilities;  or
(5)  require the district's review and approval of drainage plans for property within the district.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 34, eff. June 17, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.100. Construction of Levees

Sec. 57.100.  CONSTRUCTION OF LEVEES.  (a)  The district may construct the necessary levees, bridges, and other improvements across or under
(1)  railroad embankments, tracks, or rights-of-way;
(2)  public or private roads or the rights-of-way for the roads;  or
(3)  levees, other public improvements, and rights-of-way of other districts.
(b)  A district may join its improvements to improvements in another district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.101. Construction of Levees by Railroad Companies and Other Authorities

Sec. 57.101.  CONSTRUCTION OF LEVEES BY RAILROAD COMPANIES AND OTHER AUTHORITIES.  (a)  Before the district may construct a levee, bridge, or other improvement across or under any railroad improvement or right-of-way, any road, or any improvement of another district, the board must notify the proper railroad authorities, or other authorities of the additions or changes to result from the improvements planned by the district.
(b)  The railroad authorities, or other authorities shall have 30 days from the day they receive the notice to agree or not to agree to do the work at their own expense to construct the improvements in their own manner.
(c)  If a railroad or other authority undertakes to construct an improvement for the district, the design or manner of construction must be satisfactory to the district and must be approved by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 983, ch. 367, Sec. 34, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.103. Injuring Levees

Sec. 57.103.  INJURING LEVEES.  A person who wrongfully or purposely cuts, injures, destroys, or in any manner impairs the usefulness of a levee or other reclamation improvement, is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than one year or by both.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.104. Construction of Improvements

Sec. 57.104.  CONSTRUCTION OF IMPROVEMENTS.  The district may construct all improvements necessary or convenient to accomplish the purposes of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 2003, 78th Leg., ch. 248, Sec. 36, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.108. Conditions of Contract

Sec. 57.108.  CONDITIONS OF CONTRACT.  (a)  Repealed by Acts 2003, 78th Leg., ch. 248, Sec. 57.
(b)  Contracts may be awarded or entered in sections for the purpose of the purchase, acquisition, construction, and improvement of pumping equipment, reservoirs, culverts, bridges, and drainage improvements as these may become necessary.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1247, ch. 483, Sec. 2, eff. Aug. 29, 1977;  Acts 2003, 78th Leg., ch. 248, Sec. 37, 57(1), eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 57 - Levee Improvement Districts › Subchapter D. Powers and Duties › Section 57.111. Conditioning Contract on Sale of Bonds

Sec. 57.111.  CONDITIONING CONTRACT ON SALE OF BONDS.  After the approval and registration of bonds by the proper state officials as provided in this chapter, the board may award contracts conditioned on the sale of bonds in an amount equal to the contract price.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.