reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.226. Sale or Exchange of Real or Personal Property

Sec. 49.226.  SALE OR EXCHANGE OF REAL OR PERSONAL PROPERTY.  (a)  Any personal property valued at more than $300 or any land or interest in land owned by the district which is found by the board to be surplus and is not needed by the district may be sold under order of the board either by public or private sale, or the land, interest in land, or personal property may be exchanged for other land, interest in land, or personal property needed by the district.  Except as provided in Subsection (b), land, interest in land, or personal property must be exchanged for like fair market value, which value may be determined by the district.  In connection with the sale of surplus land, the board, at its discretion, may impose restrictions on the development and use of the land.
(b)  Any property dedicated to or acquired by the district without expending district funds may be abandoned or released to the original grantor, the grantor's heirs, assigns, executors, or successors upon terms and conditions deemed necessary or advantageous to the district and without receiving compensation for such abandonment or release.  District property may also be abandoned, released, exchanged, or transferred to another district, municipality, county, countywide agency, or authority upon terms and conditions deemed necessary or advantageous to the district.  Narrow strips of property resulting from boundary or surveying conflicts or similar causes, or from insubstantial encroachments by abutting property owners, or property of larger configuration that has been subject to encroachments by abutting property owners for more than 25 years may be abandoned, released, exchanged, or transferred to such abutting owners upon terms and conditions deemed necessary or advantageous to the district.  Chapter 272, Local Government Code, does not apply to this section.
(c)  Before a public sale of real property, the district shall give notice of the intent to sell by publishing notice once a week for two consecutive weeks in one or more newspapers with general circulation in the district.
(d)  If the district has outstanding bonds secured by a pledge of tax revenues, the proceeds of the sale of property originally acquired with bond proceeds shall be:
(1)  applied to retire outstanding bonds of the district;  or
(2)  held and treated as surplus bond proceeds and spent only as provided by the rules of the commission relating to surplus bond proceeds.
(e)  If the district does not have any outstanding bonds, the proceeds derived from the sale of real or personal property may be used for any lawful purpose.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 14, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1423, Sec. 14, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 16, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2261. Purchase, Sale, or Other Exchange of Water or Water Rights

Sec. 49.2261.  PURCHASE, SALE, OR OTHER EXCHANGE OF WATER OR WATER RIGHTS.  Notwithstanding any other law, the district may:
(1)  purchase, acquire, sell, transfer, lease, or otherwise exchange water or water rights under an agreement between the district and a person or entity that contains terms that are considered advantageous to the district;  and
(2)  employ agents, consultants, brokers, professionals, or other persons that the board determines are necessary or appropriate to conduct a transaction described by Subdivision (1).
Added by Acts 1997, 75th Leg., ch. 1070, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.227. Authority to Act Jointly

Sec. 49.227.  AUTHORITY TO ACT JOINTLY.  A district or water supply corporation may act jointly with any other person or entity, private or public, whether within the State of Texas or the United States, in the performance of any of the powers and duties permitted by this code or any other laws.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.228. Damage to Property

Sec. 49.228.  DAMAGE TO PROPERTY.  A person who wilfully destroys, defaces, damages, or interferes with district or water supply corporation property is guilty of a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.229. Grants and Gifts

Sec. 49.229.  GRANTS AND GIFTS.  A district may accept grants, gratuities, advances, and loans in any form from any source approved by the board, including any governmental entity, any private or public corporation, and any other person and may make and enter into contracts, agreements, and covenants the board considers appropriate in connection with acceptance of grants, gratuities, advances, and loans.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.2291. Donations for Economic Development

Sec. 49.2291.  DONATIONS FOR ECONOMIC DEVELOPMENT.  (a) In this section, "economic development program" has the meaning assigned by Section 152.151.
(b)  This section applies only to a district located in the unincorporated area of a county with a population of four million or more.
(c)  A district may accept a donation in any form from any source approved by the board to provide funds to a nonprofit organization providing economic development programs that the board determines will preserve property values in the district.
(d)  A contract with a nonprofit organization providing economic development programs described by Subsection (c) may include the specific uses of donations collected by the district on behalf of the nonprofit organization under this section.
(e)  A contract entered into under Subsection (d) must require the nonprofit organization administering the program to:
(1)  maintain accounting records and funds independent of all other funds unrelated to the program;
(2)  make the records maintained under Subdivision (1) available for public inspection at reasonable times;
(3)  have an annual independent audit made of the accounting records and funds;
(4)  use the funds only for programs in a county described by Subsection (b); and
(5)  reimburse the district for costs of collection incurred by the district, except to the extent that the district agrees to bear those costs.
(f)  All records of the administrator of an economic development program, unless protected from disclosure under Chapter 552, Government Code, shall be public information, as defined by Section 552.002, Government Code.
(g)  A district providing potable water or sewer service may, as part of its billing process, collect from customers voluntary donations on behalf of a nonprofit organization providing economic development programs described by Subsection (c).  A district that collects voluntary donations under this subsection must give reasonable notice to customers that the donations are voluntary.  If a donation is included in the total amount of a district's bill to a customer, the bill must identify the exact amount of the donation and include a telephone number the customer can call to have the donation deleted from the bill and any future bills issued to that customer.  Water and sewer service may not be terminated as a result of failing to pay a voluntary donation.
Added by Acts 2015, 84th Leg., R.S., Ch. 780 (H.B. 2528), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.230. Area-Wide Wastewater Treatment

Sec. 49.230.  AREA-WIDE WASTEWATER TREATMENT.  The powers and duties conferred on the district are granted subject to the policy of the state to encourage the development and use of integrated area-wide wastewater collection, treatment, and disposal systems to serve the wastewater disposal needs of the citizens of the state whenever economically feasible and competitive to do so, it being an objective of the policy to avoid the economic burden to the people and the impact on the quality of the water in the state that result from the construction and operation of numerous small wastewater collection, treatment, and disposal facilities to serve an area when an integrated area-wide wastewater collection, treatment, and disposal system for the area can be reasonably provided.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.232. Laboratory and Environmental Services

Sec. 49.232.  LABORATORY AND ENVIRONMENTAL SERVICES.  A district may contract with any person, within or without the boundaries of the district, to provide or receive laboratory or environmental services related to environmental, health, or drinking water testing.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 17, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.233. Electric Generation, Transmission, and Distribution for Certain Districts

Sec. 49.233.  ELECTRIC GENERATION, TRANSMISSION, AND DISTRIBUTION FOR CERTAIN DISTRICTS.  (a)  A district that owns or operates raw water pipelines that convey surface water, groundwater, or both surface water and groundwater, through more than 10 counties for municipal and industrial purposes may:
(1)  develop, generate, transmit, or distribute water power and electric energy inside the district's boundaries for its own use;
(2)  purchase electric energy from any available source for use at a facility the district owns, operates, and maintains inside the district's boundaries;
(3)  enter into an agreement to acquire, install, construct, finance, operate, make an addition to, own, or operate an electric energy generating, transmission, or distribution facility jointly with another person;  or
(4)  sell or otherwise dispose of any of the district's interest in a jointly owned facility described by Subdivision (3).
(b)  A district governed by this section:
(1)  is subject to the transmission line certification provisions of Chapter 37, Utilities Code;
(2)  may not generate electricity by means of hydroelectric generation.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 58, eff. Jan. 1, 2002.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.234. Prohibition of Certain Private On-Site Facilities

Sec. 49.234.  PROHIBITION OF CERTAIN PRIVATE ON-SITE FACILITIES.  (a)  A district or water supply corporation that operates a wastewater collection system to serve land within its boundaries by rule may prohibit the installation of private on-site wastewater holding or treatment facilities on land within the district that is not served by the district's or corporation's wastewater collection system.  A district or corporation that has not received funding under Subchapter K, Chapter 17, may not require a property owner who has installed an on-site wastewater holding or treatment facility before the adoption of the rule to connect to the district's or corporation's wastewater collection system.
(b)  A district or water supply corporation that prohibits an installation described by Subsection (a) shall agree to pay the owner of a particular tract the costs of connecting the tract to the district's or corporation's wastewater collection system if the distance along a public right-of-way or utility easement from the nearest point of the district's or corporation's wastewater collection system to the boundary line of the tract requiring wastewater collection services is 300 feet or more, subject to commission rules regarding reimbursement of those costs.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 15, eff. June 17, 2001.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 17, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.235. District Act or Proceeding Presumed Valid

Sec. 49.235.  DISTRICT ACT OR PROCEEDING PRESUMED VALID.  (a)  A governmental act or proceeding of a district is conclusively presumed, as of the date it occurred, valid and to have occurred in accordance with all applicable statutes and rules if:
(1)  the third anniversary of the effective date of the act or proceeding has expired;  and
(2)  a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary.
(b)  This section does not apply to:
(1)  an act or proceeding that was void at the time it occurred;
(2)  an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred;
(3)  a rule that, at the time it was passed, was preempted by a statute of this state or the United States, including Section 1.06 or 109.57, Alcoholic Beverage Code;  or
(4)  a matter that on the effective date of this section:
(A)  is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court;  or
(B)  has been held invalid by a final judgment of a court.
Added by Acts 2001, 77th Leg., ch. 389, Sec. 2, eff. May 28, 2001.  Renumbered from Water Code Sec. 49.234 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(148), eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.23601. Automatic Election to Approve Tax Rate for Low Tax Rate Districts

Sec. 49.23601.  AUTOMATIC ELECTION TO APPROVE TAX RATE FOR LOW TAX RATE DISTRICTS.  (a)  In this section, "voter-approval tax rate" means the rate equal to the sum of the following tax rates for the district:
(1)  the current year's debt service tax rate;
(2)  the current year's contract tax rate; and
(3)  the operation and maintenance tax rate that would impose 1.08 times the amount of the operation and maintenance tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older.
(b)  This section applies only to a district the board of which has adopted an operation and maintenance tax rate for the current tax year that is 2.5 cents or less per $100 of taxable value.
(c)  If the board of a district adopts a combined debt service, contract, and operation and maintenance tax rate that would impose more than 1.08 times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, an election must be held in accordance with the procedures provided by Sections 26.07(c)-(g), Tax Code, to determine whether to approve the adopted tax rate.  If the adopted tax rate is not approved at the election, the district's tax rate is the voter-approval tax rate.
Added by Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 89, eff. January 1, 2020.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.23603. Petition Election to Reduce Tax Rate for Certain Districts

Sec. 49.23603.  PETITION ELECTION TO REDUCE TAX RATE FOR CERTAIN DISTRICTS.  (a)  In this section, "voter-approval tax rate" means the rate equal to the sum of the following tax rates for the district:
(1)  the current year's debt service tax rate;
(2)  the current year's contract tax rate; and
(3)  the operation and maintenance tax rate that would impose 1.08 times the amount of the operation and maintenance tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older.
(b)  This section applies only to a district that is not described by Section 49.23601 or 49.23602.
(c)  If the board of a district adopts a combined debt service, contract, and operation and maintenance tax rate that would impose more than 1.08 times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, the qualified voters of the district by petition may require that an election be held to determine whether to reduce the tax rate adopted for the current year to the voter-approval tax rate in accordance with the procedures provided by Sections 26.075 and 26.081, Tax Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 944 (S.B. 2), Sec. 89, eff. January 1, 2020.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.237. District Consent Requirement

Sec. 49.237.  DISTRICT CONSENT REQUIREMENT.  (a)  This section applies only to a district that:
(1)  provides potable water or sewer service;
(2)  contracts for or employs peace officers;
(3)  maintains a fire department;
(4)  has within its boundaries:
(A)  a private airport with a runway exceeding 5,900 feet in length; and
(B)  a hotel; and
(5)  is located in two counties.
(b)  The area within a district described by Subsection (a) may not be included without the consent of the district in the boundaries of a municipality that provides law enforcement or fire protection services.
Added by Acts 2005, 79th Leg., Ch. 1356 (S.B. 1498), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.238. Irrigation Systems

Sec. 49.238.  IRRIGATION SYSTEMS.  (a)  A district may adopt and enforce rules that require an installer of an irrigation system:
(1)  to hold a license issued under Section 1903.251, Occupations Code; and
(2)  to obtain a permit before installing a system within the boundaries of the district.
(b)  If a district adopts rules under Subsection (a), the rules shall include minimum standards and specifications for designing, installing, and operating irrigation systems in accordance with Section 1903.053, Occupations Code, and any rules adopted by the Texas Commission on Environmental Quality under that section.
(c)  A district may employ or contract with a licensed plumbing inspector, a licensed irrigation inspector, the district's operator, or another governmental entity to enforce the rules.
(d)  A district may charge an installer of an irrigation system a fee for obtaining or renewing a permit under Subsection (a)(2).  The district shall set the fee in an amount sufficient to enable the district to recover the cost of administering this section.
(e)  This section does not apply to:
(1)  an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or
(2)  an irrigation system:
(A)  used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or
(B)  connected to a groundwater well used by the property owner for domestic use.
Added by Acts 2007, 80th Leg., R.S., Ch. 874 (H.B. 1656), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter H. Powers and Duties › Section 49.239. Cooperative Flood Control

Sec. 49.239.  COOPERATIVE FLOOD CONTROL.  A district, including a river authority, may participate in cooperative flood control planning for the purpose of obtaining financial assistance as an eligible political subdivision for a flood control project under Subchapter I, Chapter 15.
Added by Acts 2019, 86th Leg., R.S., Ch. 947 (S.B. 7), Sec. 2.02, eff. January 1, 2020.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.271. Contracts for Construction Work

Sec. 49.271.  CONTRACTS FOR CONSTRUCTION WORK.  (a)  Any contract made by the board for construction work shall conform to the provisions of this chapter.
(b)  The contract shall contain, incorporate by reference, or have attached to it the specifications, plans, and details for work included in the contract.  All work shall be done in accordance with these plans and specifications and any authorized change orders under the supervision of the board or its designee.
(c)  The district may adopt minimum criteria for the qualifications of bidders on its construction contracts and for sureties issuing payment and performance bonds.  For construction contracts over $50,000, the district shall require a person who bids to submit a certified or cashier's check on a responsible bank in the state equal to at least two percent of the total amount of the bid, or a bid bond of at least two percent of the total amount of the bid issued by a surety legally authorized to do business in this state, as a good faith deposit to ensure execution of the contract.  Notwithstanding any criteria adopted under this subsection, for a contract for more than $250,000, the district must accept a bid bond in the amount required by the district as a bid deposit if the bid bond meets the other requirements of this subsection.  If the successful bidder fails or refuses to enter into a proper contract with the district, or fails or refuses to furnish the payment and performance bonds required by law, the bidder forfeits the deposit.  The payment, performance, and bid bonding requirements of this subsection do not apply to a contract for the purchase of equipment, materials, or machinery not otherwise incorporated into a construction project.
(d)  The district may also require attendance by a principal of each prospective bidder at mandatory pre-bid conferences and may make any reasonable additional requirements regarding the taking of bids the district may deem appropriate in order to obtain competitive bids from responsible contractors and to minimize contract disputes.
(e)  A contract for construction work may include economic incentives for early completion of the work or economic disincentives for late completion of the work.
(f)  The provisions of this section apply to a contract for construction work entered into by a third party on behalf of a district.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 16, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 19, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 33 (S.B. 657), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 452 (H.B. 576), Sec. 1, eff. June 16, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 24.006, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 19, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.272. Reports Furnished to Prospective Bidders

Sec. 49.272.  REPORTS FURNISHED TO PROSPECTIVE BIDDERS.  The board shall furnish to any person who desires to bid on construction work, and who makes a request in writing, a copy of the engineer's report or plans and specifications showing the details of the work to be done.  The board may charge for each copy of the engineer's report or plans and specifications an amount sufficient to cover the cost of making the copy.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.2731. Procedures for Electronic Bids

Sec. 49.2731.  PROCEDURES FOR ELECTRONIC BIDS.  (a)  A district may receive bids under Section 49.273 through electronic transmission if the board of the district adopts rules to ensure the identification, security, and confidentiality of electronic bids and to ensure that the electronic bids remain effectively unopened until the proper time.
(b)  Notwithstanding any other provision of this chapter, an electronic bid or proposal is required to be sealed.  A provision of this chapter that applies to a sealed bid applies to a bid received through electronic transmission in accordance with the rules adopted under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 694 (H.B. 2704), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.274. Emergency Approval of District Projects

Sec. 49.274.  EMERGENCY APPROVAL OF DISTRICT PROJECTS.  If a district experiences an emergency condition that may create a serious health hazard or unreasonable economic loss to the district that requires immediate corrective action, the district may negotiate limited duration contracts to make the necessary repairs.  The district shall submit to the executive director details describing the specific serious health hazard or unreasonable economic loss as soon as practicable following the issuance of the contracts.  Whenever possible, the district should obtain prior approval of the executive director before authorizing the contract, but failure to obtain prior approval shall not void the contract.  This section does not apply to special water authorities.
added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.275. Contractor's Bond

Sec. 49.275.  CONTRACTOR'S BOND.  Any person, firm, partnership, or corporation to whom a contract is let must give good and sufficient performance and payment bonds in accordance with Chapter 2253, Government Code, and any minimum criteria for sureties issuing such bonds adopted by a district in accordance with Section 49.271.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.276. Payment for Construction Work

Sec. 49.276.  PAYMENT FOR CONSTRUCTION WORK.  (a)  The district shall pay the contract price of construction contracts only as provided in this section.
(b)  The district will make progress payments under construction contracts monthly as the work proceeds, or at more frequent intervals as determined by the board or its designee, on estimates approved by the board or its designee.
(c)  If requested by the district or district engineer, the contractor shall furnish a breakdown of the total contract price showing the amount included for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments.  In the preparation of estimates, the district engineer may authorize material delivered on the site and preparatory work done to be considered if the consideration is specifically authorized by the contract and if the contractor furnishes satisfactory evidence that he has acquired title to the material and that it will be utilized on the work covered by the contract.
(d)  In making progress payments, 10 percent of the estimated amount shall be retained until final completion and acceptance of the contract work.  However, if the board at any time after 50 percent of the work has been completed finds that satisfactory progress is being made, it may authorize any of the remaining progress payments to be made in full.  Also, if the work is substantially complete, the board, if it finds the amount retained to be in excess of the amount adequate for the protection of the district, at its discretion may release to the contractor all or a portion of the excess amount.  The district is not obligated to pay interest on amounts retained except as provided herein.  The district shall not be obligated to pay any interest on the 10 percent retainage held on the first 50 percent of work completed.  If the district holds any retainage on the remaining 50 percent of the work completed, the district shall pay interest on such retainage from the date the retainage is withheld to the date of payment to the contractor.  The interest rate to be paid on such retainage shall be the rate of interest paid by the district's depository bank on interest bearing accounts of similar amounts during the period of time interest accrues as provided herein.
(e)  On completion and acceptance of each separate project, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made without retention of a percentage.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.277. Inspection of and Reports on Construction Work

Sec. 49.277.  INSPECTION OF AND REPORTS ON CONSTRUCTION WORK.  (a)  The board shall have control of construction work being done for the district under contract to determine whether or not the contract is being fulfilled and shall have the construction work inspected by the district engineer or other designated person.
(b)  During the progress of the construction work, the district engineer or other designated person shall submit to the board detailed written reports showing whether or not the contractor is complying with the contract, and when the work is completed the district engineer shall submit to the board a final detailed report including as-built plans of the facilities showing whether or not the contractor has fully complied with the contract.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.278. Nonapplicability

Sec. 49.278.  NONAPPLICABILITY.  (a)  This subchapter does not apply to:
(1)  equipment, materials, or machinery purchased by the district at an auction that is open to the public;
(2)  contracts for personal or professional services or for a utility service operator;
(3)  contracts made by a district engaged in the distribution and sale of electric energy to the public;
(4)  contracts for services or property for which there is only one source or for which it is otherwise impracticable to obtain competition;
(5)  high technology procurements;
(6)  contracts for the purchase of electricity for use by the district; or
(7)  contracts for services related to compliance with a state or federal construction storm water requirement, including acquisition of permits, construction, repair, and removal of temporary erosion control devices, cleaning of silt and debris from streets and storm sewers, monitoring of construction sites, and preparation and filing of all required reports.
(b)  Sections 252.021(a) and 252.042, Local Government Code, apply to high technology procurements.
Added by Acts 1997, 75th Leg., ch. 1070, Sec. 20, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 18, eff. June 17, 2001;  Acts 2003, 78th Leg. ch. 248, Sec. 21, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1129, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 22.004, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter I. Construction, Equipment, Materials, and Machinery Contracts › Section 49.279. Prevailing Wage Rates

Sec. 49.279.  PREVAILING WAGE RATES.  In addition to the alternative procedures provided by Section 2258.022, Government Code:
(1)  a district located wholly or partially within one or more municipalities or within the extraterritorial jurisdiction of one or more municipalities may determine its prevailing wage rate for public works by adopting the prevailing wage rate of:
(A)  one of the municipalities;  or
(B)  the county in which the district is located or, if the county in which the district is located has not adopted a wage rate, the prevailing wage rate of a county adjacent to the county in which the district is located;  and
(2)  a district not located wholly or partially within the extraterritorial jurisdiction of a municipality may determine the district's prevailing wage rate by adopting the prevailing wage rate of the county in which the district is located or, if the county in which the district is located has not adopted a wage rate, the wage rate of a county adjacent to the county in which the district is located.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 19, eff. June 17, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.301. Adding Land by Petition of Landowner

Sec. 49.301.  ADDING LAND BY PETITION OF LANDOWNER.  (a)  In addition to any other provision provided by law, the owner or owners of land whether or not contiguous to the district or otherwise may file with the board a petition requesting that there be included in the district the land described in the petition by metes and bounds or by lot and block number if there is a recorded plat of the area to be included in the district.  The petition may request the district to condition the annexation on certain conditions, including the voter authorization of bonds to serve the area to be annexed.
(b)  If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxes that have been voted but are unissued, the board shall require the petitioner or petitioners to assume their share of the outstanding bonds, notes, or other obligations and the voted but unissued tax bonds of the district and authorize the board to levy a tax on their property in each year while any of the bonds, notes, or other obligations payable in whole or in part from taxation are outstanding to pay their share of the indebtedness.
(c)  The petition of the landowner to add land to the district shall be signed and executed in the manner provided by law for the conveyance of real estate.
(d)  The board shall hear and consider the petition and may add to the district the land described in the petition if it is feasible, practicable, and to the advantage of the district and if the district's system and other improvements of the district are sufficient or will be sufficient to supply the added land without injuring land already in the district.
(e)  If the district has bonds payable in whole or in part from taxation that are voted but unissued at the time of an annexation and the petitioners assume the bonds and authorize the district to levy a tax on their property to pay the bonds, then the board may issue the voted but unissued bonds even though the boundaries of the district have been altered since the authorization of the bonds.
(f)  Granted petitions shall be filed for record and shall be recorded in the office of the county clerk of the county or counties in which the added land is located.
(g)  An order issued by the board under this section is not required to include all of the land described in the petition if the board determines that a change in the description is necessary or desirable.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 21, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.303. Excluding Land or Other Property From District

Sec. 49.303.  EXCLUDING LAND OR OTHER PROPERTY FROM DISTRICT.  (a)  A district may exclude land or other property from the district under this subchapter if the district has no outstanding bonds payable in whole or in part from taxes.
(b)  If a district has no outstanding bonds payable in whole or in part from taxes, the board may, on its own motion, call a hearing on the question of the exclusion of land or other property from the district under the provisions of this subchapter, if the exclusions are practicable, just, or desirable.
(c)  If a district has no outstanding bonds payable in whole or in part from taxes, the board may hold a hearing on the exclusion of land or other property from the district if a landowner or property owner submits a signed petition to the secretary of the board evidencing the consent of the owners of a majority of the acreage proposed to be excluded and a majority of the taxable property in the district, as reflected by the most recent certified tax roll of the district.
(d)  A district that has previously held an election at which approval was given for the issuance of bonds payable in whole or in part from taxes may not rely on that election for the issuance of the bonds if after the bond election, but before the bonds are issued, land or other property is excluded from the district as provided by this subchapter.  The board must call and hold another bond election and receive voter approval before issuing those bonds.
(e)  A district may not exclude land or other property from the district under this section if the district has issued bonds payable in whole or in part from taxes and those bonds are outstanding.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 22, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.304. Hearing to Announce Proposed Exclusions and to Receive Petitions

Sec. 49.304.  HEARING TO ANNOUNCE PROPOSED EXCLUSIONS AND TO RECEIVE PETITIONS.  (a)  If the board determines that an exclusion hearing should be held as provided by Section 49.303, the board shall give notice of the time and place of a hearing to announce its own conclusions relating to land or other property to be excluded and to receive petitions for exclusion of land or other property.
(b)  The board shall publish notice of the hearing once a week for two consecutive weeks in one or more newspapers with general circulation in the district.  The first publication shall appear at least 14 days before the day of the hearing.
(c)  The notice shall advise all interested property owners of their right to present petitions for exclusions of land or other property and to offer evidence in support of the petitions and their right to contest any proposed exclusion based on either a petition or the board's own conclusions and to offer evidence in support of the contest.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 21, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 23, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.305. Petition

Sec. 49.305.  PETITION.  (a)  A petition for exclusion of land must accurately describe by metes and bounds or lot and block number the land to be excluded.  A petition for exclusion of other property must describe the property to be excluded.
(b)  A petition for exclusion shall be filed with the district at least seven days before the hearing and shall state clearly the particular grounds on which the exclusion is sought.  Only the stated grounds shall be considered.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.306. Grounds for Exclusion

Sec. 49.306.  GROUNDS FOR EXCLUSION.  Exclusions from the district may be made on the grounds that:
(1)  to retain certain land or other property within the district's taxing power would be arbitrary and unnecessary to conserve the public welfare, would impair or destroy the value of the property desired to be excluded, and would constitute the arbitrary imposition of a confiscatory burden;
(2)  to retain any given land or other property in the district and to extend to it, either presently or in the future, the benefits, service, or protection of the district's facilities would create an undue and uneconomical burden on the remainder of the district;  or
(3)  the land desired to be excluded cannot be bettered as to conditions of living and health, provided with water or sewer service, protected from flood, drained, freed from interruption of traffic caused by excess of water on the roads, highways, or other means of transportation serving the land, or otherwise benefited by the district's proposed improvements.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.307. Hearing and Order Excluding Land

Sec. 49.307.  HEARING AND ORDER EXCLUDING LAND.  (a)  The board may adjourn the hearing from one day to another and until all persons desiring to be heard are heard.  The board immediately shall specifically describe all property it proposes to exclude on its own motion and shall hear first any protests and evidence against exclusions proposed on the board's own motion.
(b)  After considering all engineering data and other evidence presented to it, the board shall determine whether the facts disclose the affirmative of the propositions stated in Subdivision (1) or (2) or, if appropriate, in Subdivision (3) of Section 49.306.  If the affirmative exists, the board shall enter an order excluding all land or other property falling within the conditions defined by the respective subdivisions and shall redefine in the order the boundaries of the district to embrace all land not excluded.  A copy of the order excluding land and redefining the boundaries of the district shall be filed in the deed records of the county or counties in which the district is situated.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.3075. Exclusion for Failure to Provide Sufficient Services; No Outstanding Bonds

Sec. 49.3075.  EXCLUSION FOR FAILURE TO PROVIDE SUFFICIENT SERVICES;  NO OUTSTANDING BONDS.  (a)  The board shall call a hearing on the exclusion of land from a district on a written petition filed with the secretary of the board by a landowner whose land has been included in and taxable by the district for more than 20 years if any bonds issued by the district payable in whole or in part from taxes of the district are no longer outstanding and the petition:
(1)  includes a signed petition evidencing the consent of the owners of a majority of the acreage proposed to be excluded, as reflected by the most recent certified tax roll of the district;
(2)  includes a claim that the district has not met the landowner's proposals and requests for facilities and services sufficient to service the land at full development;  and
(3)  describes the property to be excluded.
(b)  The board shall hold the hearing at the earliest practicable time after receipt of the petition.
(c)  Unless the district presents evidence at the hearing that conclusively demonstrates that the requirements and grounds for exclusion described by Subsection (a) have not been met, the board shall enter an order excluding the land from the district and shall redefine in the order the boundaries of the district to embrace all land not excluded.
(d)  A copy of an order excluding land and redefining the boundaries of the district shall be filed in the deed records of each county in which the district is located.
(e)  This section does not apply to irrigation districts governed by Chapter 58.
Added by Acts 2003, 78th Leg., ch. 853, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.3078. Petition for Exclusion: Additional Duties

Sec. 49.3078.  PETITION FOR EXCLUSION: ADDITIONAL DUTIES. A landowner who signs a petition for the exclusion of land that is filed with a district under Section 49.3076 must submit a copy of the petition to the commission. On receipt of a copy of a petition, the executive director shall review the most recent financial information for the applicable district, including current debt requirements, debt service cash flow, and proposed debt obligations, to confirm that an exclusion of land conducted in accordance with Sections 49.3076 and 49.3077 does not adversely affect the interests of district bondholders. The executive director shall notify the landowner and the district when the review is complete.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1392 (H.B. 1324), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.308. Suit to Review Exclusion

Sec. 49.308.  SUIT TO REVIEW EXCLUSION.  (a)  Any person owning an interest in land affected by the order may file a petition within 20 days after the effective date of the order to review, set aside, modify, or suspend the order.
(b)  The venue in any action shall be in any district court that has jurisdiction in the county in which the district is located.  If the district includes land in more than one county, the venue shall be in the district court having jurisdiction in the county in which the major portion of the acreage of the land sought to be excluded from the district is located.
(c)  A person may appeal from the judgment or order of a district court in a suit brought under the provisions of this section to the court of civil appeals and supreme court as in other civil cases in which the district court has original jurisdiction.  The appeal is subject to the statutes and rules of practice and procedure in civil cases.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.