2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle A - Municipal Water and Utilities › Chapter 551 - Water Control by Municipalities › Section 551.001. Control of Harmful Excess of Water by Municipality With Population of 150,001 to 239,999

Sec. 551.001.  CONTROL OF HARMFUL EXCESS OF WATER BY MUNICIPALITY WITH POPULATION OF 150,001 TO 239,999.  (a)  In this section, "water control body" means a municipality, county, levee district, water control and improvement district, water improvement district, navigation district, or other body politic created under the laws of the state with statutory powers concerned with the control of harmful excess of water.
(b)  To change or abate by mechanical means a harmful excess of water, either constant or periodic, that threatens life and property within its boundaries, a municipality with a population of 150,001 to 239,999 may:
(1)  straighten, widen, levee, restrain, or otherwise control or improve a river, creek, bayou, stream, or other body of water;
(2)  grade or fill land;  or
(3)  take other appropriate actions.
(c)  The municipality may pay for an improvement, or a part of an improvement, under Subsection (b) in the manner provided by Section 372.041 or any other manner not expressly prohibited by the charter of the municipality.
(d)  If an improvement under Subsection (b) is provided or operated by a water control body other than the municipality, the municipality may contribute to the payment of the cost, replacement, alteration, extension, maintenance, and operation of the improvement.
(e)  If an improvement under Subsection (b) is provided and operated by the municipality, the municipality may solicit and receive from another water control body a contribution for the payment of the cost, alteration, enlargement, maintenance, and operation of the improvement.
(f)  The municipality may purchase or otherwise acquire and take over any improvement or the maintenance or operation of any improvement and may contract to assume an outstanding bond debt or other debt secured by lien if:
(1)  the debt was incurred to provide for the improvement;  and
(2)  the interest on the debt is not greater than six percent a year.
(g)  The municipality may not, in purchasing or otherwise acquiring an improvement or the right to maintain and control property of a levee or improvement district, assume the bonded indebtedness outstanding and owing by the district unless the municipality is authorized to do so at an election at which the qualified voters of the municipality approve the assumption of indebtedness or maintenance.
(h)  Subsection (f) supersedes any provision in a municipal charter that is not in conformity with that subsection.  Subsection (f) does not authorize an increase in the municipal debt limit fixed by law.
(i)  The municipality may contract with a water control body to perform, jointly with a water control body or independently, an action authorized by this section.
(j)  Water control bodies otherwise having appropriate powers may use this section and contract with one another to accomplish the purposes of this section.
(k)  A water control body, under contract with a municipality having power under this section, may provide money required to construct, maintain, and operate an improvement under this section, either separately or jointly under contract with another water control body, in a manner not expressly prohibited by the charter of the municipality or the statute creating the municipality or the water control body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Local Government Code, Section 401.001 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(a)(1), eff. April 1, 2009.