reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter J. Services for Certain Defined Areas and Designated Property › Section 54.806. Procedure for Election

Sec. 54.806.  PROCEDURE FOR ELECTION.  (a)  Before bonds may be issued or taxes may be imposed for the defined area or designated property, the bonds or taxes must be approved by the voters in the defined area or within the boundaries of the designated property.  The election shall be conducted as provided by Section 49.106 for an election to authorize the issuance of bonds or Section 49.107 for an election to authorize the imposition of an operation and maintenance tax.
(b)  The board may submit the issues to the voters on the same ballot to be used in another election.
(c)  The notice of election must describe the area to be defined or property to be designated and must otherwise conform to the provisions of this chapter relating to notice of bond elections.
Added by Acts 1987, 70th Leg., ch. 600, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 33, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 14, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter J. Services for Certain Defined Areas and Designated Property › Section 54.809. Issuance of Bonds and Imposition of Tax for Defined Area or Designated Property

Sec. 54.809.  ISSUANCE OF BONDS AND IMPOSITION OF TAX FOR DEFINED AREA OR DESIGNATED PROPERTY.  After approval by the voters, the district may issue bonds and impose taxes to provide the specific plant, works, and facilities included in the engineer's report for the defined area, or to serve the designated property.
Added by Acts 1987, 70th Leg., ch. 600, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 15, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter J. Services for Certain Defined Areas and Designated Property › Section 54.810. Limitation on Other Bond Authorizations

Sec. 54.810.  LIMITATION ON OTHER BOND AUTHORIZATIONS.  If the voters of the designated area authorize the issuance of bonds for a particular purpose, a district may not issue bonds from any other authorization for the same purposes, and only revenue and taxes from the designated area may be used to retire the bonds.
Added by Acts 1987, 70th Leg., ch. 600, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter J. Services for Certain Defined Areas and Designated Property › Section 54.811. Pledge of Faith and Credit

Sec. 54.811.  PLEDGE OF FAITH AND CREDIT.  If at an election, the voters approve the issuance of bonds and the levy of a tax that applies only to a designated area, the district may issue bonds that pledge only the faith and credit based on the property values in the defined area and may not pledge the full faith and credit of the district.
Added by Acts 1987, 70th Leg., ch. 600, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter J. Services for Certain Defined Areas and Designated Property › Section 54.812. Notice to Purchasers

Sec. 54.812.  NOTICE TO PURCHASERS.  (a)  A person who sells or conveys real property located within the designated area of the district shall supplement the notice to purchaser required by Section 50.301, of this code, as provided by this section.
(b)  The prescribed notice shall be inserted into the general notice after the first sentence and shall read substantially as follows: "The real property described below, which you are about to purchase, may also be located within a defined area of the district and the land may be subject to defined area taxes in addition to the other taxes of the district.  As of this date, the additional rate of taxes within the defined area is $_____ on each $100 of assessed valuation."
Added by Acts 1987, 70th Leg., ch. 600, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 16, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter J. Services for Certain Defined Areas and Designated Property › Section 54.813. Municipality's Authority Regarding Defined Area

Sec. 54.813.  MUNICIPALITY'S AUTHORITY REGARDING DEFINED AREA.  (a)  This section applies only to a municipality any portion of which is located in a county with a population of more than 1.2 million and less than 1.5 million.
(b)  A municipality may not annex a part of a defined area in a district that has adopted a plan for the defined area under this subchapter unless:
(1)  90 percent or more of all facilities and infrastructure described by the plan has been installed and completed; and
(2)  the municipality:
(A)  annexes all of the defined area that is within the municipality's extraterritorial jurisdiction; and
(B)  assumes the pro rata share of the bonded indebtedness of the annexed area.
(c)  After the annexation occurs:
(1)  the annexed area is not eligible to be a defined area under this subchapter; and
(2)  the district may not impose in the annexed area a tax authorized for a defined area under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 962 (H.B. 1644), Sec. 6, eff. June 18, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 185, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 283, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter A. General Provisions › Section 55.001. Definitions

Sec. 55.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a water improvement district created under this chapter.
(2)  "Board" means the board of directors of a water improvement district.
(3)  "Commission" means the Texas Natural Resource Conservation Commission.
(4)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.144, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.078, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.021. Creation of District

Sec. 55.021.  CREATION OF DISTRICT.  A water improvement district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52, of the Texas Constitution, or under Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.022. District Wholly Within One County

Sec. 55.022.  DISTRICT WHOLLY WITHIN ONE COUNTY.  The commissioners court of a county, at any regular or called session, may create one or more water improvement districts in the county as provided by this subchapter.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.023. District May Include Cities, Towns, Etc

Sec. 55.023.  DISTRICT MAY INCLUDE CITIES, TOWNS, ETC.  A district may include all or part of one or more cities, towns, villages, and municipal corporations, but no land may be included in more than one district at any one time.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.024. Petition

Sec. 55.024.  PETITION.  (a)  A petition requesting creation of a district may be presented to the commissioners court.  The petition must be signed by a majority of the persons who hold title to land in the proposed district, representing a total value of more than 50 percent of the value of all the land in the proposed district as indicated by the county tax rolls.  However, if there are more than 50 persons holding title to land in the proposed district, the petition is sufficient if signed by 50 of them.  The petition must set out the boundaries of the district and designate a name for the district.
(b)  The petition may be signed and presented to the commissioners court in several copies.  In this case the county clerk shall make a certified copy of the petition, including a list of the names of all signers, and shall file the certified copy and the original copies.  The certified copy of the petition shall be considered the petition in all proceedings under this chapter.
Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.025. Date Set for Hearing

Sec. 55.025.  DATE SET FOR HEARING.  The commissioners court shall set a date for a hearing on the petition, to be held at a regular or special session not less than 15 days nor more than 40 days after the day the petition is presented.
Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.026. Notice of Hearing

Sec. 55.026.  NOTICE OF HEARING.  (a)  The county clerk shall issue a notice of the hearing directed to the sheriff giving the date and place of the hearing, and a copy of the order of the court setting the hearing.  The sheriff shall serve the notice in the manner provided by law.
(b)  The sheriff shall post copies of the notice in three public places in the proposed district, and shall post one copy at the courthouse door or on the bulletin board used for public notices.  These notices shall be posted for 10 full days before the date of the hearing.  The notice shall also be published once in a newspaper of general circulation in the county, if a newspaper is published in the county, at least five days before the date of the hearing.  The sheriff shall make return of a true copy of the notice, showing the times and places of posting and publication.  The county clerk shall record the return in the minutes of the court.
(c)  Any person interested may inspect the boundaries of the district as set out in the petition, and any person may inspect the petition in the office of the county clerk.
Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.027. Hearing

Sec. 55.027.  HEARING.  (a)  At the hearing, any person whose land is included in and would be affected by the district may support or oppose creation of the district and may offer testimony to show that the district is or is not necessary, would or would not be of public utility, or would or would not be feasible or practicable.
(b)  Except as otherwise provided by this chapter, the commissioners court has exclusive jurisdiction to hear and determine all contests and objections to creation of the district and all other matters pertaining to creation of the district.
(c)  The commissioners court may adjourn the hearing from day to day.
(d)  The judgment rendered by the commissioners court is final, except as otherwise provided by this chapter.
Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.028. Findings; Order

Sec. 55.028.  FINDINGS;  ORDER.  The commissioners court shall make and enter its findings in the record.  If it finds that creation of the district and the construction or purchase of the proposed irrigation system, or cooperation with the United States as provided by Section 55.161 of this code, is feasible, practicable, and necessary, and would be a public benefit and a benefit to the land included in the district, then the court shall make and enter an order granting the petition and directing that an election be held in the proposed district.  Otherwise, the court shall dismiss the petition at the cost of the petitioners.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.029. Appeal

Sec. 55.029.  APPEAL.  (a)  Any petitioner or any landowner in the district aggrieved by the order of the commissioners court may appeal the order to the district court.  Notice of appeal must be filed with the commissioners court at the time of the hearing, and an appeal bond must be filed with the county clerk within 10 days after the day notice of appeal is given.  At the time notice of appeal is given, the commissioners court shall fix the amount of the appeal bond at not less than $2,000 nor more than $5,000;  and the bond shall be made payable to the county judge for the benefit of adverse parties.
(b)  Except as otherwise provided by this section, the appeal shall be tried de novo under the rules prescribed for practice in the district court and shall be de novo.
(c)  The county clerk shall transfer to the district clerk the judgment and all records filed in the commissioners court within 10 days after the day the appeal bond is filed, and no other pleadings need be filed.
(d)  The final judgment on appeal shall be certified to the commissioners court for its action within 10 days after the day the judgment becomes final.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.031. Voting Precincts

Sec. 55.031.  VOTING PRECINCTS.  (a)  The commissioners court, at the time it orders the election, shall order creation of one or more election precincts in the district and shall designate polling places in each precinct.
(b)  The election precincts created under this section shall remain the election precincts of the district until changed by an order of its board.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.032. Election Officials

Sec. 55.032.  ELECTION OFFICIALS.  The commissioners court shall appoint two judges and two clerks for each polling place, and designate one of the judges to be presiding judge.  If an officer fails to serve, his place shall be filled in the manner provided by the general election law.
Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.037. Directors

Sec. 55.037.  DIRECTORS.  The commissioners court shall declare the five persons receiving the most votes to be elected directors.  If not all five positions can be determined because of a tie vote, the commissioners court shall fill the necessary positions by selecting among the tying candidates.
Acts 1971, 62nd Leg., p. 431, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.038. Issuance of Notes

Sec. 55.038.  ISSUANCE OF NOTES.  (a)  If the proposition to issue notes carries, the board of directors shall issue notes of the district, in an amount not to exceed four percent of the cost of the proposed improvements, for the purpose of creating a fund to pay the cost of organizing the district and the cost of all surveys, investigations, engineering, issuance of bonds, making and filing of maps and reports, legal expenses, and all other costs and expenses authorized or made necessary by the provisions of this chapter.  The board shall sell the notes or exchange them in payment of the costs and expenses.
(b)  The notes shall be secured by the levy, assessment, and collection of taxes as provided for payment of bonds.  The notes shall be paid out of the proceeds of the district's bonds when they are issued and sold.  If the bond election fails to carry, then the notes shall be paid out of the tax revenue.
Acts 1971, 62nd Leg., p. 431, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.039. Recordation of Order

Sec. 55.039.  RECORDATION OF ORDER.  (a)  After the commissioners court makes and enters in its minutes the order creating the district or an order changing the name of a district, the court shall file a certified copy of the order accompanied by a plat defining the district boundaries with the county clerk.
(b)  The county clerk shall have the certified copy of the order and the plat recorded and indexed in the deed records of the county.
(c)  Recordation of the order and plat has the same effect, as to notice, as the recordation of a deed.
(d)  The district shall pay the cost of making and recording the certified copy of the order and the plat.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1991, 72nd Leg., ch. 187, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.040. Multi-County District: Petition

Sec. 55.040.  MULTI-COUNTY DISTRICT:  PETITION.  Creation of a district composed of land in two or more counties may be initiated by presenting a petition to the commission signed by the owners of more than half the land in the proposed district or by 50 qualified property taxpaying electors of the territory of the proposed district.  The petition shall describe the boundaries of the proposed district and request an order on the advisability of creating the district and an order for an election.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1997, 75th Leg., ch. 1070, Sec. 34, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.042. Multi-County District: Hearing

Sec. 55.042.  MULTI-COUNTY DISTRICT:  HEARING.  If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and any person whose land would be affected by creation of the district may appear and support or oppose creation of the proposed district, and may offer competent testimony to show that the district would or would not serve a beneficial purpose, be practicable, or accomplish the purposes intended.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 35, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.043. Multi-County District: Findings

Sec. 55.043.  MULTI-COUNTY DISTRICT:  FINDINGS.  (a)  If the commission finds that the plan of water conservation, irrigation, and use presented in the petition is practicable and would be a public utility, the commission shall enter the findings in its records and shall send a certified copy of the findings to the commissioners court in each county in which part of the proposed district is located.  The commission shall also inform each commissioners court of a date set by the commission on which an election shall be held in the area of the proposed district to determine whether the district will be created and to elect five directors for the district.
(b)  If the commission finds that creation of the district is not practicable, that it would not serve a beneficial purpose, and that it would not be possible to accomplish through its creation the purposes proposed, the commission shall enter its findings in its records and shall dismiss the petition.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.044. Multi-County District: Notice of Election

Sec. 55.044.  MULTI-COUNTY DISTRICT:  NOTICE OF ELECTION.  On receiving a certified copy of the findings of the commission authorizing the election, the commissioners court of each county shall have notices of the election posted, in the manner provided for an election to create a single-county district, for not less than 15 nor more than 30 days before the date of the election.
Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.045. Multi-County District: Rules Governing Election

Sec. 55.045.  MULTI-COUNTY DISTRICT:  RULES GOVERNING ELECTION.  Except as provided by the succeeding sections, the election shall be held, the returns made and canvassed, and the results declared, as provided in the case of a single-county district.
Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.046. Multi-County District: Election Returns, Canvass, Result

Sec. 55.046.  MULTI-COUNTY DISTRICT:  ELECTION RETURNS, CANVASS, RESULT.  (a)  The commission shall designate the county judge of one of the counties in the proposed district to act as a canvassing board to receive and canvass the votes cast and to declare the result of the election.
(b)  In each county, the officers appointed by the commissioners court to hold the election shall return the results to the commissioners court and shall return all ballot boxes to the county clerk.
(c)  On receiving the returns of the election, the commissioners court shall canvass the returns and certify the result of the election in the county to the county judge appointed to act as canvassing board.
(d)  When the county judge receives the returns from all the counties, he shall canvass the returns and certify the result of the election to the commissioners court of each county, which shall enter the result of the election in its permanent records.
(e)  If the proposition to create the district is carried, the county judge acting as the canvassing board shall make and transmit to each commissioners court an appropriate order declaring that the district is created and describing it boundaries.  He shall also issue certificates of election to the persons elected as directors, who shall proceed with the organization of the district as otherwise provided by this chapter.
Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.047. Exclusion of City, Unincorporated Area, or County Voting Against District

Sec. 55.047.  EXCLUSION OF CITY, UNINCORPORATED AREA, OR COUNTY VOTING AGAINST DISTRICT.  (a)  As used in this section:
(1)  "city" includes town or other municipal corporation;  and
(2)  "unincorporated area" means an area not included within the boundaries of a city.
(b)  Each city included within the boundaries of the proposed district shall be treated as a separate voting unit, and the votes cast in the city shall be counted and canvassed to show the result of the election in the city.  No city shall be included in the district unless the majority of the votes cast in the city favor creation of the district.
(c)  If the proposed district includes both incorporated and unincorporated areas in a county, the unincorporated area shall not be included in the district unless the majority of the votes cast in the unincorporated area favor creation of the district.
(d)  No district, the major portion of which is in one county, shall be organized to include land in another county unless the majority of the votes cast in the other county favor creation of the district.
(e)  If any portion of a proposed district, under the provisions of this section, votes against creation of the district, and the remaining area of the proposed district votes for the district, then the proposition shall be adopted and the district confirmed except as to the territory voting against the district.
(f)  All property in the territory of the district as originally proposed is subject to taxation for the payment of all debts and obligations, including organization expenses, incurred while part of the district.
(g)  If at least 10 percent of the qualified electors of the area remaining in the district file a petition with the board of directors requesting a new election on creation of the district, then a new election shall be ordered and held for the remaining area, or the district organization may be dissolved by order of the board of directors and a new district formed.
Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.048. Name of District

Sec. 55.048.  NAME OF DISTRICT.  (a)  The name of a district wholly within one county shall include the name of the county and a number.  Districts wholly within one county shall be numbered consecutively as created, and no two districts may have the same number.
(b)  The name of a district with territory in two or more counties may include the names of those counties, or the district may adopt any appropriate name.  The name may include a number, but the number may not be the same as the number of a district in any of the counties.  The number of a district created in any county may not be the same as the number of a district with territory in that county and other counties.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.049. Survey of District Boundaries

Sec. 55.049.  SURVEY OF DISTRICT BOUNDARIES.  Immediately after the directors are qualified, the board shall order a survey of the boundaries of the district to be made according to the boundaries designated in the petition for creation of the district, or the board shall adopt, in whole or in part, the boundaries already established, and order the boundaries marked by suitable monuments.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.050. Chapter Applicable to Irrigation Districts

Sec. 55.050.  CHAPTER APPLICABLE TO IRRIGATION DISTRICTS.  Irrigation districts created under the laws of 1905, 1913, and 1915 (Chapter 50, Acts of the 29th Legislature, 1905;  Chapter 172, Acts of the 33rd Legislature, 1913;  and Chapter 138, Acts of the 34th Legislature, 1915), are governed by the provisions of this chapter.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.051. Change of District Name

Sec. 55.051.  CHANGE OF DISTRICT NAME.  (a)  An irrigation district created under the law of 1905, 1913, or 1915 (Chapter 50, Acts of the 29th Legislature, 1905;  Chapter 172, Acts of the 33rd Legislature, 1913;  and Chapter 138, Acts of the 34th Legislature, 1915), may change the name of the district to the name provided in this chapter by filing a declaration to change the name with the commissioners court of the county in which the district is located.
(b)  The declaration to change the district's name shall be in the form of a deed of conveyance and shall be acknowledged by the president and secretary of the board.  It shall include a copy of the minutes of the board and the resolution adopted to change the name.
(c)  After the declaration is recorded, the name of the district shall be changed.
Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter B. Creation of District; Conversion to Article Xvi, Section 59, District › Section 55.053. Conversion of Article Iii, Section 52 District to Article Xvi, Section 59 District

Sec. 55.053.  CONVERSION OF ARTICLE III, SECTION 52 DISTRICT TO ARTICLE XVI, SECTION 59 DISTRICT.  (a)  A water improvement district created subject to the limitations of Article III, Section 52, of the Texas Constitution, may be converted into a water improvement district operating under the authority of Article XVI, Section 59, of the Texas Constitution, as provided by this section.
(b)  On the petition of 20 percent of the owners of land in the district, the board of directors shall order an election to determine whether the district shall be converted to a district operating under Article XVI, Section 59, of the Texas Constitution.  The election shall be conducted under the rules applicable to general elections in the district.  The ballots shall be printed to provide for voting for or against:  "Conservation and Reclamation."
(c)  The board shall canvass the returns, make an order declaring the result of the election, and have the order recorded in the deed records of the county or counties in which the district is located.  If the result of the election is affirmative, the district begins operating under Article XVI, Section 59, of the Texas Constitution, without change of name or impairment of its obligations, when the order is recorded.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter C. Administrative Provisions › Section 55.101. Board of Directors

Sec. 55.101.  BOARD OF DIRECTORS.  The governing body of a district is a board of five directors.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 24, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter C. Administrative Provisions › Section 55.102. Qualifications of Directors

Sec. 55.102.  QUALIFICATIONS OF DIRECTORS.  To be qualified for election as a director, a person must be a resident of the state, own land subject to taxation in the district, and be at least 18 years of age at the time of the election.  Section 49.052 does not apply to a district governed by this chapter whose principal purpose is providing water for irrigation.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 25, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter C. Administrative Provisions › Section 55.103. Application to Get on Ballot

Sec. 55.103.  APPLICATION TO GET ON BALLOT.  (a)  A person qualified to serve as a director may file an application with the secretary to have the applicant's name printed on the election ballots.  The application must be signed by the applicant or by at least 10 qualified electors of the district and must be filed not later than 5 p.m. of the 45th day before the date of the election.
(b)  Only persons for whom applications are filed under this section may have their names printed on the ballots.  However, nothing in this section prevents write-in votes.
Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1989, 71st Leg., ch. 1009, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter C. Administrative Provisions › Section 55.107. Optional Conversion to Staggered Terms

Sec. 55.107.  OPTIONAL CONVERSION TO STAGGERED TERMS.  (a)  The board, by resolution adopted before December 1 of any year on the vote of at least four directors, may adopt the system of staggered two-year terms of office as provided by this section.
(b)  On the first available election date as provided by Article 2.01b of Vernon's Texas Election Code in the first even-numbered year immediately succeeding adoption of the resolution, five directors shall be elected.  Of the five elected, the two receiving the fewest votes shall serve for two years and the other three shall serve for four years.  However, if the vote is such that two of them do not receive fewer votes than the other three, then the directors shall determine by lot which two will serve two years and which three will serve four years.
(c)  After the election provided for in Subsection (b) of this section, on the same date in each following even-numbered year there shall be an election to elect successors for the directors whose terms expire, to hold office for terms of four years.
Acts 1971, 62nd Leg., p. 436, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 981, ch. 367, Sec. 25, eff. June 10, 1981;  Acts 1983, 68th Leg., p. 5215, ch. 951, Sec. 8, eff. Jan. 1, 1984.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter C. Administrative Provisions › Section 55.108. Appointment of Directors in Certain Districts

Sec. 55.108.  APPOINTMENT OF DIRECTORS IN CERTAIN DISTRICTS.  (a)  If the petition to create a district proposes a district which would contain no more than 12,000 acres of land, and if at least 60 percent of the land is owned by persons who do not reside in the district, the petition may request that the directors be appointed by the commissioners court.  If so, the directors shall be appointed instead of elected.  The commissioners court shall appoint the directors at the time otherwise fixed for electing directors, or if the court is not in session at that time, it shall appoint the directors as soon as possible.
(b)  The owners of land in the district may file petitions with the commissioners court expressing their choice of persons to be selected as directors.  If the owners of at least 60 percent of the land agree on the persons to be appointed, the commissioners court shall appoint those persons.  Otherwise, the court shall appoint suitable, qualified persons as directors.
Acts 1971, 62nd Leg., p. 436, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter C. Administrative Provisions › Section 55.110. Additional Bonds

Sec. 55.110.  ADDITIONAL BONDS.  (a)  If a district is appointed fiscal agent of the United States or is authorized to collect money for and in behalf of the United States in connection with any federal reclamation project, the assessor and collector and each director shall execute an additional bond in an amount set by the secretary of the interior, conditioned on the faithful performance of the duties of his office and the faithful performance by the district of its duties as fiscal or other agent of the United States.
(b)  The additional bonds shall be approved, recorded, and filed as provided for other official bonds.  The additional bonds may be sued on by the United States or by any person injured by failure of the officer or the district to perform fully, promptly, and completely the required duties.
Acts 1971, 62nd Leg., p. 437, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.161. Purposes of District

Sec. 55.161.  PURPOSES OF DISTRICT.  (a)  A water improvement district may provide for irrigation of the land within its boundaries.
(b)  A district operating under Article XVI, Section 59, of the Texas Constitution, may furnish water for domestic, power, and commercial purposes.
(c)  A district may be formed to cooperate with the United States under the federal reclamation laws for the purpose of:
(1)  construction of irrigation and drainage facilities necessary to maintain the irrigability of the land;
(2)  purchase, extension, operation, or maintenance of constructed facilities;  or
(3)  assumption, as principal or guarantor, of indebtedness to the United States on account of district lands.
Acts 1971, 62nd Leg., p. 440, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.163. Improvements: Purchase or Construction

Sec. 55.163.  IMPROVEMENTS:  PURCHASE OR CONSTRUCTION.  A district may purchase or construct improvements and facilities necessary for irrigation of land in the district, and if operating under Article XVI, Section 59, of the Texas Constitution, improvements and facilities necessary to supply, deliver, and sell water for domestic, power, and commercial purposes.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.165. Drainage Ditches: Levees

Sec. 55.165.  DRAINAGE DITCHES:  LEVEES.  The board may include in the plans of the district the necessary drainage ditches, or other facilities for drainage, and levees for the protection of land in the district.  The district may purchase all or part of any system belonging to a drainage district.  However, the purchase contract shall provide for paying or assuming the debts of the drainage district, and the amount of the debts paid or assumed shall be considered in determining the bond-issuing capacity of the district.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.166. Constructing Bridges and Culverts Across and Over County and Public Roads

Sec. 55.166.  CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER COUNTY AND PUBLIC ROADS.  The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads.  Funds of the district shall be used to construct the bridges and culverts.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.167. Constructing Culverts and Bridges Across and Under Railroad Tracks and Roadways

Sec. 55.167.  CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER RAILROAD TRACKS AND ROADWAYS.  (a)  The district, at its own expense, may build necessary bridges and culverts across or under any railroad tracks or roadways to enable the district to construct and maintain any canal, lateral, or ditch which is a necessary part of its improvements.
(b)  Before the district proceeds to build bridges and culverts, the board shall deliver to the legal agent, division superintendent, or roadmaster written notice.  The railroad company shall have 30 days in which to build the bridges and culverts at its own expense and according to its own plans.
(c)  The bridges and culverts shall be placed at points designated by the board or the district engineer and shall be constructed so that they will not interfere with the free and unobstructed flow of water passing through the canal or ditch.
Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.185. Contract With the United States

Sec. 55.185.  CONTRACT WITH THE UNITED STATES.  The board may enter into a contract or other obligation with the United States for the following purposes:
(1)  to construct, operate, and maintain necessary facilities to deliver and distribute water;
(2)  to drain district land;
(3)  to assume debt for district land;
(4)  to rent temporarily United States water for use on district land under the federal reclamation laws;  or
(5)  to furnish a water supply to the district under any act of Congress which authorizes it.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.186. Payments Made by a District Under a Contract With the United States

Sec. 55.186.  PAYMENTS MADE BY A DISTRICT UNDER A CONTRACT WITH THE UNITED STATES.  (a)  If a district enters into a contract with the United States, the district may deposit with the United States district bonds at 90 percent of par value to pay the amount owed by the district under the contract.  The district shall pay interest on the bonds in the same manner that other bonds of the district are paid.  Interest shall be paid regularly to the United States and applied in the manner provided in the contract.
(b)  If bonds are not deposited as provided in Subsection (a) of this section, the board shall include in any levy or assessment made by the district an amount sufficient to make annual payments under the terms of the contract.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.187. District as Fiscal Agent for United States

Sec. 55.187.  DISTRICT AS FISCAL AGENT FOR UNITED STATES.  The board may accept on behalf of the district appointment as the fiscal agent for the United States on any federal reclamation project.  As fiscal agent, the district may assume the duties and perform the acts incident to this capacity and shall do anything required by federal statutes and rules and regulations established by any department of the federal government.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.188. Conveying Property to the United States

Sec. 55.188.  CONVEYING PROPERTY TO THE UNITED STATES.  If the district enters into a contract with the United States, the board may convey to the United States any property which is necessary for constructing, operating, and maintaining improvements for the benefit of the district.
Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.192. Acquiring Water Rights

Sec. 55.192.  ACQUIRING WATER RIGHTS.  Any district may acquire water rights in the manner provided by law.
Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.193. Selling Water Rights

Sec. 55.193.  SELLING WATER RIGHTS.  (a)  Any district which has a permit issued by the commission to construct a reservoir and to appropriate water from a stream or watershed for irrigation or other purposes may convey to another district an interest in the reservoir or water rights.
(b)  The conveyance shall be recorded in the office of the county clerk of the county in which the property is located and in the office of the executive director.
(c)  The conveyance, when filed, shall convey all rights in the interest conveyed which were held under the permit by the district conveying the interest.
(d)  After the conveyance is filed in the office of the executive director, the rights conveyed vest in the district to which the conveyance was made as if the rights were granted directly by the commission.
Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.194. Transfer of Water Right

Sec. 55.194.  TRANSFER OF WATER RIGHT.  If there is land in a district which has a water right from a source of supply acquired by the district but the land is difficult or impracticable to irrigate from that source of supply, the district may allow transfer of the water right to other land which is adjacent to the district.  The adjacent land may be admitted to the district with the same right of water service as other land already in the district.
Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 55 - Water Improvement Districts › Subchapter D. Powers and Duties › Section 55.195. Supplying Water to Cities Outside the District

Sec. 55.195.  SUPPLYING WATER TO CITIES OUTSIDE THE DISTRICT.  When a district acquires an established irrigation system which supplies water to landowners in a city, town, or village which is not included in the district, the district shall continue to supply water to the landowners at a reasonable annual rate.
Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.