reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter K. Borrowing Money › Section 55.458. Loan Fund

Sec. 55.458.  LOAN FUND.  (a)  The board may pay or contract to pay on any bonds which it has sold or pledged, in addition to taxes, other funds derived from:
(1)  water charges for use of water in the district;
(2)  sale or supply of water to any city, town, municipal corporation, district, or land or user of water outside the boundaries of the district;
(3)  sale of water to any commercial or industrial enterprise;
(4)  sale of hydroelectric power;  or
(5)  any or all of these sources of revenue.
(b)  The board shall fix the amount to be derived from these sources for this purpose and shall enforce and collect it in the same manner provided to collect charges or assessments for maintenance and operation.  All liens and remedies provided by law to secure and enforce the collection of charges and assessments for maintenance and operation of the district are applicable to securing and enforcing the collection of these funds.
(c)  Money collected under this section shall be kept in a separate fund called the "loan fund" and shall be used only for the purpose of paying the principal and interest on the bonds for as long as the bonds remain unpaid.
(d)  The charge created by this section is an additional and distinct charge and a source of income of the district over and above its income for maintenance and operation and other purposes.
(e)  After the loan fund is created and pledged, the action of the board in fixing the amount of the charge and in fixing the total annual charges for maintenance and operation may not be reviewed by the commission regardless of any law to the contrary.
Acts 1971, 62nd Leg., p. 464, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 26, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.491. Bond Election

Sec. 55.491.  BOND ELECTION.  After the district is created, the members of the board are qualified, the maps, profiles, specifications, and estimate are filed, and after the assessor and collector has made and returned the assessment roll, the board may order a bond election to be held in the district at the earliest possible legal time.
Acts 1971, 62nd Leg., p. 464, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.497. Necessary Vote

Sec. 55.497.  NECESSARY VOTE.  (a)  In a district operating under the authority of Article III, Section 52, of the Texas Constitution, a two-thirds vote of persons voting in the election is required to adopt a proposition to issue bonds or to enter into a contract with the United States.
(b)  In a district operating under the authority of Article XVI, Section 59, of the Texas Constitution, a majority vote of persons voting in the election is required to adopt a proposition to issue bonds or to enter into a contract with the United States.
Acts 1971, 62nd Leg., p. 465, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.498. Ordering Issuance of Bonds

Sec. 55.498.  ORDERING ISSUANCE OF BONDS.  After the vote is canvassed and a favorable result is declared, the board shall make and enter an order authorizing the issuance of bonds or the execution of a contract with the United States.
Acts 1971, 62nd Leg., p. 466, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.499. Amount of Bonds

Sec. 55.499.  AMOUNT OF BONDS.  The bonds shall be sufficient in amount to pay for the proposed improvements together with necessary incidental expenses connected with the improvements, but the amount shall not be more than the amount specified in the order and notice of election.  The total amount of the bonds shall include:
(1)  the amount of the engineer's estimate;
(2)  incidental expenses;
(3)  organization expenses;  and
(4)  cost of additional work caused by any change or modification made by the directors.
Acts 1971, 62nd Leg., p. 466, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.500. Limitation of Indebtedness

Sec. 55.500.  LIMITATION OF INDEBTEDNESS.  In districts organized under Article III, Section 52, of the Texas Constitution, the amount of bonds or the amount of the contract indebtedness with the United States may not be more than one-fourth of the actual assessed value of the real property in the district as shown by an assessment made for this purpose or by the last annual assessment made under this chapter.  This limitation does not apply to districts operating under the authority of Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 466, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.501. Special Interest Procedure

Sec. 55.501.  SPECIAL INTEREST PROCEDURE.  (a)  The maximum amount of bonds issued by a district may include a sufficient sum to pay the first one, two, or three years' interest to accrue on the bonds, and no taxes shall be levied against property located in the district for this period except for a sufficient tax to pay notes provided for in Section 55.038 of this code.
(b)  The board may designate the period of interest to begin either with the date of the bonds fixed in the order which authorizes their issuance or from the date or dates of the actual sale, issuance, and delivery of the bonds or any installments.
(c)  Any money left in the interest fund at the end of the designated period still may be used to pay interest on the bonds.
Acts 1971, 62nd Leg., p. 466, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.502. Formal Requirements of Bonds

Sec. 55.502.  FORMAL REQUIREMENTS OF BONDS.  (a)  The board shall issue bonds in the name of the district, and the president shall sign the bonds, the secretary shall attest to them, and the district's seal shall be impressed on them.
(b)  The bonds shall be issued in denominations of not less than $100 nor more than $1,000 each.
(c)  The bonds shall be payable annually or semiannually and shall mature not more than 40 years after they are issued.
(d)  The bonds may be issued to mature in serial form at any date which does not come later than the date specified in the notice of election and may bear any rate of interest which is not more than the rate of interest specified in the notice.
(e)  The terms of the bonds shall include the time, place, manner, and conditions of payment and the interest rate which are ordered by the board.
Acts 1971, 62nd Leg., p. 466, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.504. Suit to Determine Validity of Bonds or Contract

Sec. 55.504.  SUIT TO DETERMINE VALIDITY OF BONDS OR CONTRACT.  (a)  Before any bonds are offered for sale, the district shall bring suit in any district court within the judicial district in which the district is located or in any district court in Travis County to determine the validity of the bonds.  On request of the secretary of interior, any district entering into a contract with the United States shall bring suit in one of the same courts to determine the validity of the contract.
(b)  The action shall be in the nature of a proceeding in rem, and jurisdiction over all interested parties may be obtained by publishing notice once a week for at least two consecutive weeks in a newspaper with general circulation in the county in which the district is located.  If there is no newspaper published in the county, the notice shall be published in the county nearest to the district in which a newspaper is published.
Acts 1971, 62nd Leg., p. 467, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.505. Notice to Attorney General

Sec. 55.505.  NOTICE TO ATTORNEY GENERAL.  (a)  Notice of a validation suit shall be served on the attorney general in the manner provided for serving a notice in civil suits.
(b)  The attorney general may waive service if he is furnished a full transcript of the proceedings held in the formation of the district and held in connection with the issuance of the bonds or the authorization of the contract with the United States and is furnished a copy of the contract.
Acts 1971, 62nd Leg., p. 467, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.507. Right of Persons to Intervene and Participate in Suit

Sec. 55.507.  RIGHT OF PERSONS TO INTERVENE AND PARTICIPATE IN SUIT.  At the trial of a validation suit the court may permit persons having an interest in the issues to be determined to intervene and participate in the trial of the issues.
Acts 1971, 62nd Leg., p. 468, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.509. Judgment Rendered

Sec. 55.509.  JUDGMENT RENDERED.  (a)  If the judgment of the court in a validation suit is against the district, the district may accept the judgment and may correct the error pointed out in the proceedings in the manner directed by the court.
(b)  After the corrections are made, the judgment of the court shall be rendered showing that the corrections have been made and that the bonds or the contract is a binding obligation on the district.
(c)  The final judgment, when it is entered, is res judicata in any case arising in connection with the bonds or their interest or in connection with the collection of money required under the contract with the United States and in all matters relating to the validity of the organization of the district, the district's bonds, or the contract with the United States.
Acts 1971, 62nd Leg., p. 468, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.510. Court's Decree

Sec. 55.510.  COURT'S DECREE.  (a)  After the district court enters a final judgment in a validation suit, the clerk of the court shall make a certified copy of the decree which shall be a part of the orders and decree connected with the election.
(b)  The court's decree shall be filed with the comptroller and he shall record the decree in a book kept for that purpose.
(c)  The certified copy of the decree or a certified copy of the record made by the comptroller shall be received as evidence in any litigation which may affect the validity of the bonds or contract with the United States and shall be conclusive evidence of the validity.
Acts 1971, 62nd Leg., p. 468, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.513. County Clerk's Fees

Sec. 55.513.  COUNTY CLERK'S FEES.  The county clerk is entitled to receive:
(1)  for registering the bonds, 10 cents for each bond which is registered;
(2)  for entering the payment of a bond, 10 cents;  and
(3)  for recording district instruments required to be recorded and for which no fee is provided, the same fees provided by law for recording deeds.
Acts 1971, 62nd Leg., p. 469, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.514. Sale of Bonds

Sec. 55.514.  SALE OF BONDS.  (a)  After the bonds are issued and registered by the comptroller, the board shall offer the bonds for sale and shall sell them on the best terms and for the best possible price.
(b)  After all the bonds are sold, the board shall pay to the district depository all money received from the sale.
(c)  The board may exchange the bonds for property to be acquired by purchase under contract or in payment of the contract price for work to be done for the use and benefit of the district.
Acts 1971, 62nd Leg., p. 469, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.515. Emergency Loans and Interim Bonds

Sec. 55.515.  EMERGENCY LOANS AND INTERIM BONDS.  (a)  The district may create emergency loans and issue interim bonds for the purposes, in the manner, and under the restrictions and limitations provided in Sections 51.444-51.449 of this code.
(b)  It is the purpose of this section to confer on the district the same power and authority with respect to emergency loans and issuance of interim bonds as that conferred by law on water control and improvement districts.
Acts 1971, 62nd Leg., p. 469, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.516. Tax Levy

Sec. 55.516.  TAX LEVY.  (a)  After bonds have been voted, the board shall levy a tax on all property in the district sufficient to pay the interest on the bonds together with an additional amount to be placed in the sinking fund to discharge and redeem the bonds at maturity, and the board shall annually levy or have assessed and collected taxes on all property in the district sufficient to pay for the expenses for assessing and collecting the taxes.
(b)  The board may issue the bonds in serial form or to be paid in installments.
(c)  The tax levy shall be sufficient to pay the interest on the bonds, to meet the proportional amount of the principal of the next maturing series of the bonds, and to pay expenses of assessing and collecting the taxes for the year.
(d)  If a contract is entered into with the United States, the board shall levy a tax sufficient to meet all installments as they are due and to pay interest.  The directors shall make an annual levy until the contracts and obligations are discharged.
Acts 1971, 62nd Leg., p. 469, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.517. Adjustment of Tax Levy

Sec. 55.517.  ADJUSTMENT OF TAX LEVY.  The tax which is levied in connection with the original bond issue shall remain in force for that purpose until a new levy is made.  The board may, from time to time, increase or diminish the tax for the purpose of adjusting the tax to the taxable values of taxable property in the district and the amount to be collected, and the increase or decrease in the tax shall be sufficient to provide enough money in the interest and sinking fund to make annual payments on outstanding bonds.
Acts 1971, 62nd Leg., p. 470, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.518. Interest and Sinking Fund

Sec. 55.518.  INTEREST AND SINKING FUND.  (a)  The district shall have an interest and sinking fund which shall consist of all taxes collected under the provisions of this chapter for this fund.
(b)  Money in the interest and sinking fund shall be paid out only:
(1)  to satisfy and discharge interest on the bonds;
(2)  to pay the bonds;
(3)  to defray the expense of assessing and collecting the tax;  and
(4)  to pay principal and interest due to the United States under a contract with the district under which bonds have not been deposited with the United States.
(c)  The board shall order money from the fund to be paid out by warrants drawn as provided in this chapter.  When funds are paid out, the depository shall receive and cancel the interest coupon or bond paid, and the interest coupon or bond shall be delivered to the board to be cancelled and destroyed.
Acts 1971, 62nd Leg., p. 470, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.519. Investment of Sinking Funds

Sec. 55.519.  INVESTMENT OF SINKING FUNDS.  The board may invest sinking funds of the district in bonds of the United States, the State of Texas, any county, any incorporated city or town, any independent school district, or any school district authorized to issue bonds, or they may invest the funds in irrigation or water improvement bonds.  The board may not purchase any bonds which under their terms would mature subsequent to the maturity date of bonds for which the sinking fund was created.
Acts 1971, 62nd Leg., p. 470, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.520. Refunding Bonds

Sec. 55.520.  REFUNDING BONDS.  (a)  The board of a district which has issued bonds under the provisions of this chapter, by resolution, may issue refunding bonds to replace the original bonds.  The refunding bonds may be issued in any amount, in any denomination, and for any period of maturity and may bear any rate of interest provided in the board's resolution.
(b)  The refunding bonds shall be issued subject to the limitations provided in this subchapter for the issuance of bonds.
(c)  The refunding bonds may be exchanged for the original bonds at the original bonds' face value or at a discount, or the refunding bonds may be sold and the net proceeds applied to the purchase of the original bonds at face value or at a discount.
Acts 1971, 62nd Leg., p. 470, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.521. Registering Refunding Bonds

Sec. 55.521.  REGISTERING REFUNDING BONDS.  (a)  The comptroller may not register any refunding bonds until the original bonds for which the refunding bonds are issued are presented to him for cancellation or until a contract for the purchase of a corresponding number of the original bonds has been entered into and filed with the comptroller.
(b)  After the refunding bonds are registered, the comptroller shall keep them in his possession until the original bonds are surrendered to him and cancelled by him, at which time he shall deliver the new bonds to the proper party or parties.
(c)  The original bonds may be presented for payment in installments and an equal amount of refunding bonds registered and delivered as provided in this subchapter.
Acts 1971, 62nd Leg., p. 471, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.522. Issuing Refunding Bonds for the Same Amount and With the Same Maturity Date as the Original Bonds

Sec. 55.522.  ISSUING REFUNDING BONDS FOR THE SAME AMOUNT AND WITH THE SAME MATURITY DATE AS THE ORIGINAL BONDS.  (a)  Refunding bonds for the same amount and with the same maturity date as the bonds which they are to replace may be authorized by resolution of the board and issued without an election to approve them.
(b)  These refunding bonds shall be registered by the comptroller in the manner provided in Section 55.521 of this code after a copy of the resolution providing for the issuance of the refunding bonds and the cancellation of the original bonds is filed with the comptroller.
(c)  After the original bonds are cancelled and the refunding bonds are registered by the comptroller, the refunding bonds are valid and binding obligations of the district without further proceedings and have the same force, validity, and effect as the original bonds which they have replaced.
Acts 1971, 62nd Leg., p. 471, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.523. Issuing Refunding Bonds Which Place a Greater Burden on the District

Sec. 55.523.  ISSUING REFUNDING BONDS WHICH PLACE A GREATER BURDEN ON THE DISTRICT.  If the district issues refunding bonds for a greater amount, for a greater rate of interest, or for a longer period of maturity than the bonds which they are to replace or if the refunding bonds in any other respect create a greater burden on the district, the district shall submit the question of whether or not it should issue the refunding bonds to the voters of the district.
Acts 1971, 62nd Leg., p. 471, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.524. Law Governing Refunding Bonds

Sec. 55.524.  LAW GOVERNING REFUNDING BONDS.  (a)  The provisions of this subchapter governing the election and the issuance, approval, validation, registration, and sale of bonds shall apply to refunding bonds.
(b)  Refunding bonds shall be registered and delivered in the manner provided in Section 55.521 of this code.
Acts 1971, 62nd Leg., p. 471, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.525. Limiting District's Power to Incur Debt

Sec. 55.525.  LIMITING DISTRICT'S POWER TO INCUR DEBT.  (a)  The board of any district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, may limit the power of the district to incur debt and issue bonds in the manner provided by this subchapter.
(b)  The board may adopt a resolution declaring that for a period of not more than 10 years the district may not issue bonds in excess of 25 percent of the assessed value of taxable property of the district according to the last assessment for district purposes.
Acts 1971, 62nd Leg., p. 472, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.526. Notice of Limitation of Debt

Sec. 55.526.  NOTICE OF LIMITATION OF DEBT.  Once a week for two consecutive weeks in a newspaper published in the district, the board shall publish notice of the adoption of a resolution to limit the district's power to incur debt.  The notice shall state that the resolution will take effect unless a petition against the proposed limitation signed by 10 percent of the qualified property taxpaying electors of the district is presented within 30 days after the first publication of notice.
Acts 1971, 62nd Leg., p. 472, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.527. Limitation Election

Sec. 55.527.  LIMITATION ELECTION.  (a)  If a petition is filed under Section 55.526 of this code, the limitation of the power to incur debt will not take effect unless it is approved at a general or special election held in the district.  The election will be held in the manner provided for holding other general and special elections in the district.
(b)  The ballots for the election shall be printed to provide for voting for or against the following proposition:  "Limiting during the term of ______ years, the maximum debt of the district to 25 percent of the assessed value of the real property."
Acts 1971, 62nd Leg., p. 472, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.528. Operating Under a Limitation on Power to Incur Debt

Sec. 55.528.  OPERATING UNDER A LIMITATION ON POWER TO INCUR DEBT.  (a)  If no petition is presented under Section 55.526 of this code or if the limitation on the power to incur debt is approved at the election, the district, during the limitation period, may not issue bonds under any statute or the constitution in excess of the limited amount except to complete construction work for which bonds may be issued within the limitation.
(b)  The board shall issue bonds in excess of the limitation to complete these works only after the commission has approved the plans and specifications of the original and uncompleted works together with the estimates of their cost.
Acts 1971, 62nd Leg., p. 472, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 27, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.529. Issuing Bonds in Excess of Debt Limitation

Sec. 55.529.  ISSUING BONDS IN EXCESS OF DEBT LIMITATION.  (a)  If the plans, specifications, and estimates under Section 55.528 of this code are approved by the commission, the district shall publish notice once a week for three weeks that it intends to issue bonds in excess of the debt limitation to complete the works.  The notice shall include the amount of the proposed bond issue and the time when a hearing will be held.
(b)  The hearing to issue the additional bonds shall be held not less than 30 days from the date of the first publication of notice, and any property taxpayer, bondholder or other creditor, or interested person may appear and be heard.
(c)  If the determination after the hearing is to issue the bonds in the amount stated in the notice, the question of whether or not the bonds should be issued shall be submitted to the voters of the district at an election held in the manner provided by law.
Acts 1971, 62nd Leg., p. 472, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 28, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.530. Additional Projects for the District

Sec. 55.530.  ADDITIONAL PROJECTS FOR THE DISTRICT.  (a)  After district bonds have been authorized or issued or after a contract with the United States has been authorized or executed, if the board thinks it is necessary, it may authorize:
(1)  modifications in the district and its improvements;
(2)  purchase or construction of additional improvements and issuance of additional bonds based on the engineer's report;  or
(3)  a supplemental contract with the United States.
(b)  Before any of the projects under Subsection (a) of this section are undertaken, the board shall enter its findings in the minutes and shall give notice that an election will be held to approve the issuance of bonds or the execution of a contract with the United States.  The election shall be held within the time and the returns made and the result determined in the same manner provided for the original bond election.
Acts 1971, 62nd Leg., p. 473, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.531. Issuance of Additional Bonds

Sec. 55.531.  ISSUANCE OF ADDITIONAL BONDS.  (a)  If an election held under Section 55.530 of this code favors the issuance of additional bonds or execution of a contract with the United States, the board may issue the bonds or negotiate and execute a supplemental contract with the United States in the manner provided in this chapter.
(b)  If a contract is made with the United States under Section 55.185 of this code and bonds are not deposited with the United States, the district is not required to issue bonds, and if the district is required to raise funds in addition to the amount of the contract, the district shall issue the bonds only for the additional amount which is needed.
Acts 1971, 62nd Leg., p. 473, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.532. Funds to Repair Damaged Improvements

Sec. 55.532.  FUNDS TO REPAIR DAMAGED IMPROVEMENTS.  (a)  If improvements of the district are damaged, the district may issue bonds or notes to secure funds to repair the damage.
(b)  The district's notes may not be for a term of more than 20 years.  The board may issue the notes in serial form to mature in installments.
(c)  Before the notes are issued, the board shall order an election to be held to approve the issuance of the notes and shall give notice of the election in the manner provided for bond elections.  The notice shall include the purpose for which the notes are being issued, the rate of interest, the term of the notes, and the time and place of the election.
(d)  The ballots for the election shall be printed to provide for voting for or against the following proposition:  "Issuance of notes."
(e)  The election shall be held and returns made and canvassed in the manner provided for bond elections.
(f)  If two-thirds of the persons voting in the election vote in favor of issuing the bonds, the board may issue and sell the bonds for the benefit of the district.
(g)  When the notes are issued or sold, the board shall levy a tax to pay interest on the bonds and to create a sinking fund sufficient to pay the interest and the notes before they mature.
Acts 1971, 62nd Leg., p. 473, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.533. Preferred Lien in Favor of the United States

Sec. 55.533.  PREFERRED LIEN IN FAVOR OF THE UNITED STATES.  A lien for the payments due the United States under a contract between the district and the United States under which bonds have not been deposited with the United States shall be a preferred lien to that of any issue of bonds or any series of any issue of bonds subsequent to the date of the contract.
Acts 1971, 62nd Leg., p. 474, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter L. Issuance of Bonds › Section 55.534. Default in Paying Principal and Interest on Bonds by a District Obtaining Its Water Supply From the United States

Sec. 55.534.  DEFAULT IN PAYING PRINCIPAL AND INTEREST ON BONDS BY A DISTRICT OBTAINING ITS WATER SUPPLY FROM THE UNITED STATES.  (a)  If a district which obtains its water supply from the United States defaults in the payment of principal and interest on bonds issued by the district, the board, if it considers it advisable, may authorize the issuance of bonds to fund or refund the debt including bonds, debt and accrued interest on debt, and interest on notes lawfully issued to pay for construction or acquisition of irrigation and drainage works.
(b)  Before any bonds are issued under this section, the district shall submit to the voters of the district the question of whether or not the bonds should be issued.
(c)  The board may issue the bonds either in serial form or in a form which provides for annual payment of principal and interest in a single amount, represented by coupons, and the board may prescribe the form and contents of the bonds and coupons.  Amortization of both principal and interest on the bonds shall be accomplished in not more than 40 years from the date the bonds are issued.
(d)  If bonds are issued in serial form, they shall be numbered consecutively beginning with one and continuing in numerical order.  The bonds shall mature serially in annual amounts which are approximately equal.  The board may set the bonds to not less than 5 years nor more than 40 years.
(e)  If the bonds provide for the annual payment of principal and interest in a single amount which is represented by coupons, the coupons for the first five years may be for any amount which in the judgment of the board is economically sound and within the ability of the district to pay.  For the remainder of the term of the bonds, the coupons shall be paid annually in equal amounts which are sufficient to liquidate the remainder of the bonds within 40 years from the date the bonds were issued.
(f)  Any funding or refunding bonds issued under this section shall be negotiable.
(g)  The district is not bound by the provisions of Sections 55.504-55.505 of this code, and the exercise of the provisions of those sections is left to the discretion of the board.  If a suit is instituted, the suit is subject to the provisions and governed by the statutes relating to these suits.
(h)  Except as otherwise provided in this section, the laws governing the issuance of bonds and the form and contents of bonds shall apply to bonds issued under this section.
Acts 1971, 62nd Leg., p. 474, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter M. Ad Valorem Taxation › Section 55.581. Assessment and Collection of District Taxes

Sec. 55.581.  ASSESSMENT AND COLLECTION OF DISTRICT TAXES.  The assessor and collector shall assess and collect taxes for the district.
Acts 1971, 62nd Leg., p. 475, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter M. Ad Valorem Taxation › Section 55.600. Tax Office

Sec. 55.600.  TAX OFFICE.  For the convenience of district taxpayers, the assessor and collector shall maintain an office with the board.  The office shall serve as a place where taxes may be paid.
Acts 1971, 62nd Leg., p. 478, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter M. Ad Valorem Taxation › Section 55.601. Additional Duties of the Assessor and Collector

Sec. 55.601.  ADDITIONAL DUTIES OF THE ASSESSOR AND COLLECTOR.  The board may prescribe other duties for the assessor and collector which duties shall be performed in the manner prescribed in the board's rules and regulations.
Acts 1971, 62nd Leg., p. 479, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter M. Ad Valorem Taxation › Section 55.604. Assessment Liens

Sec. 55.604.  ASSESSMENT LIENS.  Assessments made by the board for maintenance and operation of the district are liens against the land on which the assessments were made and remain liens on the land until the assessments are paid.  No law which provides for a period of limitation against actions for debt shall apply under this section, and these debts cannot be barred by limitation.
Acts 1971, 62nd Leg., p. 479, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter M. Ad Valorem Taxation › Section 55.620. General Powers and Regulations

Sec. 55.620.  GENERAL POWERS AND REGULATIONS.  (a)  No district may become a party to, purchase, hold under, assign, seek to enforce, or receive benefits from a contract between a landowner and a private canal company which was entered into before the district was created.  Rights and privileges owned or possessed by the district are those arising or inherent in the district under this chapter.
(b)  The district may not:
(1)  acquire or enforce any lien against the land which was fixed by a contract entered into before the district was created;
(2)  prosecute or have prosecuted any suit to recover water taxes or assessments which accrued before the district was created;
(3)  foreclose any lien on land for unpaid water taxes or assessments which accrued before the district was created;
(4)  avail itself of any rights under a private contract relating to the land which contract was entered into before the district was created;  and
(5)  be held liable for the private contract.
(c)  The two-year statute of limitation and the provisions of this section may be pleaded as a bar to an action to recover water rents or other assessments which accrued on land in the district before the district was created.
Acts 1971, 62nd Leg., p. 482, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.651. Election to Determine Method of Taxation

Sec. 55.651.  ELECTION TO DETERMINE METHOD OF TAXATION.  (a)  A district which operates under the provisions of Article XVI, Section 59, of the Texas Constitution, may, at the time the district is created or before bonds are issued, submit to the voters of the district the question of whether the district will levy, assess, and collect taxes on the ad valorem basis or on the benefit basis.
(b)  The question shall be presented to the voters at the time and in the manner provided by the board.
(c)  The ballots for the election shall be printed to provide for voting for or against the following proposition:  "The levy of taxes on the benefit basis instead of the ad valorem basis."
(d)  The election shall be governed by the provisions of this chapter.
(e)  If a majority of the persons voting in the election favor the proposition, the district shall levy, assess, and collect its taxes on the benefit basis.
Acts 1971, 62nd Leg., p. 484, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.652. Assessment Record

Sec. 55.652.  ASSESSMENT RECORD.  When necessary, the board shall apportion and assess the benefits conferred on property in the district and shall make a record showing the amount and value of benefits to accrue on property in the district and the amount of taxes to be levied and collected on the property.  No taxes assessed or adjudged against the property may be more than the benefit which accrues to the property from the organization, operation, and maintenance of the district and its improvements.
Acts 1971, 62nd Leg., p. 484, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.653. Notice of Taxes

Sec. 55.653.  NOTICE OF TAXES.  After the board makes the record specified in Section 55.652 of this code, the board shall mail to each property owner whose name appears in the record, notice of the amount of taxes levied on his property and the date and place at which the property owner may appear and contest the correctness and equitableness of the tax.
Acts 1971, 62nd Leg., p. 484, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.654. Decision After Hearing

Sec. 55.654.  DECISION AFTER HEARING.  After the hearing, the board shall determine whether or not the tax is equitable and shall sustain, reduce, or increase the tax to an amount which in the board's judgment is equitable.
Acts 1971, 62nd Leg., p. 484, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.655. Applicable Law

Sec. 55.655.  APPLICABLE LAW.  The provisions of this chapter relating to levy, assessment, and collection of taxes which are not inconsistent with the provisions of this subchapter shall apply.
Acts 1971, 62nd Leg., p. 484, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.656. Districts Adopting Benefit Plan of Taxation

Sec. 55.656.  DISTRICTS ADOPTING BENEFIT PLAN OF TAXATION.  In any district other than a district operating under a contract with the United States which is operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and which adopted the assessment of benefit plan of taxation, tax values shall be fixed, levied, assessed, equalized, and collected in the manner provided in Sections 55.657-55.669 of this code.
Acts 1971, 62nd Leg., p. 484, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.657. Commissioners of Appraisement

Sec. 55.657.  COMMISSIONERS OF APPRAISEMENT.  As soon as practicable after the approval of the engineer's report and the adoption of the plan for improvements to be constructed, the board shall appoint three disinterested commissioners of appraisement.  The commissioners shall be freeholders but not owners of land within the district which they represent.
Acts 1971, 62nd Leg., p. 485, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.658. Compensation of Commissioners

Sec. 55.658.  COMPENSATION OF COMMISSIONERS.  On approval by the board, each commissioner is entitled to receive $10 a day for each day he actually serves, plus all necessary expenses.
Acts 1971, 62nd Leg., p. 485, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.659. Notice of Appointment and Meeting

Sec. 55.659.  NOTICE OF APPOINTMENT AND MEETING.  Immediately after the commissioners of appraisement are appointed, the secretary of the board shall give written notice to each appointee of his appointment and of the time and place of the first meeting of the commissioners.
Acts 1971, 62nd Leg., p. 485, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.660. First Meeting of Commissioners

Sec. 55.660.  FIRST MEETING OF COMMISSIONERS.  (a)  The commissioners shall meet at the time specified in the notice from the secretary or as soon thereafter as possible.
(b)  At the meeting the commissioners shall take an oath to faithfully and impartially discharge their duties as commissioners and make a true report of the work which they perform.  They shall then organize by electing one commissioner as chairman and one commissioner as vice-chairman.
(c)  The secretary of the board or, in his absence, a person appointed by the board shall serve as secretary to the commissioners of appraisement and shall furnish to the commissioners any information and assistance which is necessary for the commissioners to perform their duties.
Acts 1971, 62nd Leg., p. 485, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.661. Assistance for Commissioners

Sec. 55.661.  ASSISTANCE FOR COMMISSIONERS.  Within 30 days after the commissioners qualify and organize, they shall begin to perform their duties, and in the exercise of their duties, they may obtain legal advice and information relative to their duties from the district's attorney and, if necessary, may require the presence of the district engineer or one of his assistants at any time and for as long as necessary to properly perform their duties.
Acts 1971, 62nd Leg., p. 485, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.662. Viewing Land and Other Property and Improvements in District

Sec. 55.662.  VIEWING LAND AND OTHER PROPERTY AND IMPROVEMENTS IN DISTRICT.  The commissioners shall view the land in the district which will be affected by the district's reclamation plans and the public roads, railroads, rights-of-way, and other property and improvements located in the district and shall assess the amount of the benefits and damages that will accrue to the land, roads, railroads, rights-of-way, or other property or improvements in the district from the construction of the improvements.
Acts 1971, 62nd Leg., p. 485, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.663. Commissioners Report

Sec. 55.663.  COMMISSIONERS REPORT.  (a)  The commissioners shall prepare a report and file it with the secretary of the board.  The report shall be signed by at least a majority of the commissioners.
(b)  The report shall include:
(1)  the name of the owner of each tract of land which is subject to assessment;
(2)  a description of the property;
(3)  the amount of the benefits or damages assessed on each tract of land;
(4)  the time and place at which a hearing will be held on the report to hear objections;  and
(5)  the number of days each commissioner served and the actual expenses incurred during his service as commissioner.
(c)  The date set in the report for the hearing may not be earlier than 20 days after the report is filed.
Acts 1971, 62nd Leg., p. 486, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter N. Taxation on a Benefit Basis › Section 55.664. Notice of Hearing

Sec. 55.664.  NOTICE OF HEARING.  (a)  After the commissioners' report is filed, the secretary of the board shall publish notice of the hearing on the report at least once a week for two consecutive weeks in a newspaper published in each county in which part of the district is located.  The secretary also shall mail written notice of the hearing to each person whose property will be affected if his address is known.
(b)  The notice shall state:
(1)  the time and place of the hearing;
(2)  that the commissioners' report has been filed;
(3)  that interested persons may examine the report and make objections to it;  and
(4)  that the commissioners will meet at the time and place indicated to hear and act on objections to the report.
(c)  On the day of the hearing, the secretary shall file in his office the original notice and his affidavit stating the manner of publication, the names of persons to whom notice was mailed, and the names of persons to whom notice was not mailed because the secretary by reasonable diligence could not ascertain their addresses.  Copies of the notice and affidavit also shall be filed with the commissioners of appraisement and the clerk of the commissioners court.
Acts 1971, 62nd Leg., p. 486, ch. 58, Sec. 1, eff. Aug. 30, 1971.