reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.121. Road Culverts

Sec. 56.121.  ROAD CULVERTS.  The board shall build necessary bridges and culverts across or over canals, drains, ditches, laterals, and levees which cross a county or public road and shall pay for the construction with funds of the district.
Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.122. Constructing Bridges and Culverts in Certain Counties

Sec. 56.122.  CONSTRUCTING BRIDGES AND CULVERTS IN CERTAIN COUNTIES.  (a)  If it is necessary to build a bridge or culvert across or over a state highway located in a county having a population of more than 350,000 inhabitants, according to the last preceding federal census, the board may construct or assist in constructing the bridge or culvert.
(b)  After the bridge or culvert is constructed, the board may pay or may join with any county or other governmental agency or subdivision to pay the expenses of making necessary and needed repairs.  The expenses shall be paid from the funds of the district.
Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.123. Change in Plans Without Additional Expenditures

Sec. 56.123.  CHANGE IN PLANS WITHOUT ADDITIONAL EXPENDITURES.  (a)  After the board authorizes bonds to be issued, the board may make changes in the district or its improvements which will be an advantage to the district but which will not increase the cost of the proposed work beyond the amount of bonds authorized.
(b)  The board may make the changes by entering on their minutes a notation of the changes, with the district maps and profiles showing the changes.  Notice of the changes shall be given by publishing the notation with the book and page number of the minutes for two consecutive weeks in a newspaper of general circulation published in the English language in the county in which the district is located.
Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.124. Change in Plans With Additional Expenditures

Sec. 56.124.  CHANGE IN PLANS WITH ADDITIONAL EXPENDITURES.  (a)  If the board decides that changes or additions in the preliminary survey would be of advantage to the district but would necessitate issuing additional bonds of the district, it shall certify the need for additional bond authorization and file the certification with maps and profiles prepared by the district engineer showing the changes and their estimated cost in the district office.
(b)  At the first regular meeting after the documents are filed, the board shall give notice of an election to determine whether or not the changes and improvements should be made and shall order the election held within the time and the returns made as provided in the original election.
(c)  If two-thirds of the electors of the district vote in favor of the proposition, the board shall enter the approval in the records and shall order the bonds issued as in the manner provided for issuance of the original bonds.
Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.125. Additional Improvements

Sec. 56.125.  ADDITIONAL IMPROVEMENTS.  (a)  After completion of improvements, including bridges and culverts, and after payment of all expenses, if surplus money or bonds remain to the credit of the district, the board may order the engineer to make a detailed report of additional or supplemental drains, ditches, levees, or other surface drainage improvements, including tile drainage, which are needed by the district.  The engineer shall make the report and the board shall act on the report in the manner provided in this chapter for the initial report of the engineer.
(b)  After the engineer's report is approved or modified by the board, the board shall order an election to be held in the district at the earliest legal time.  The only proposition that may be submitted at the election is whether or not the district will construct additional improvements and pay for them with funds currently available.  A majority of those persons voting at the election must approve the proposition for it to carry.
(c)  Notice of the election shall be given, election officials appointed, returns made and canvassed, and the result declared as provided in Sections 56.027-56.031 of this code.  The notice of election shall state:
(1)  the character and scope of the proposed improvements;
(2)  the estimated cost of the proposed improvements;  and
(3)  the time and place for holding the election.
(d)  The provisions of this chapter relating to awarding contracts, constructing improvements, and the authority of the board and the commissioners court to award contracts and construct improvements apply as far as applicable to constructing and paying for additional improvements.
(e)  The estimated cost of the additional improvements may not be more than the amount of surplus money or bonds to the credit of the district.
Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.126. Changes, Additions, and Improvements

Sec. 56.126.  CHANGES, ADDITIONS, AND IMPROVEMENTS.  When the board determines that a necessity exists, it may make changes in, additions to, and improvements in the drainage system of the district and shall pay for the changes, additions, and improvements with funds collected under the provisions of Section 56.242 of this code.
Acts 1971, 62nd Leg., p. 510, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.128. Injuring Drainage Canal or Ditch

Sec. 56.128.  INJURING DRAINAGE CANAL OR DITCH.  Any person who wilfully fills up, cuts, injures, destroys, or impairs the usefulness of any canal, drain, ditch, watercourse, or other work constructed, repaired, or improved by a district to drain and protect from overflow of water, upon conviction is punishable by confinement in the county jail for not more than two months or by a fine of not more than $1,000.
Acts 1971, 62nd Leg., p. 510, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.135. Interest in Drainage Contract

Sec. 56.135.  INTEREST IN DRAINAGE CONTRACT.  A county judge, county commissioner, director of the board, or drainage engineer who becomes interested in any contract for construction of any work by the district or in any fee paid by the district from which he will receive money, consideration, or other thing of value, upon conviction is punishable by confinement in the county jail for not less than six months nor more than one year.
Acts 1971, 62nd Leg., p. 512, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 9, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.140. Public and Private Improvements

Sec. 56.140.  PUBLIC AND PRIVATE IMPROVEMENTS.  (a)  Canals, drains, ditches, and levees which are constructed by a district and watercourses which are cleaned or constructed by a district are the public property of the district.
(b)  A person who owns land in the district may drain into one or more of the public drains, and at his own expense, the landowner may make drains according to the natural slope of the land through other lands intervening between his land and the nearest public drain or watercourse or along any public highway.
(c)  Before constructing any drains, the landowner shall notify the board of his intention to construct a drain through another person's land or along a public highway, and the directors shall go on the premises and acting as a jury of view shall determine the place for constructing the drain.
Acts 1971, 62nd Leg., p. 513, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.141. Outside Drains

Sec. 56.141.  OUTSIDE DRAINS.  (a)  Before a person artificially drains adjacent land located outside the district into the canals, drains, or ditches of the district, the person must submit a written application to the board, and the board must grant permission to make the connections.  The application shall include the width, depth, and length of the connecting drains and ditches.
(b)  When the application is filed with the board, the engineer shall estimate the quantity of water which the connecting drains or ditches would probably empty into the established canals or drains and shall indicate whether or not the established canals or drains have sufficient capacity to carry the excess water without risk or damage to the canals, drains, or adjacent territory.  The engineer shall report to the board the result of his examination and his estimate.
(c)  Unless an agreement is reached with the applicants, the board may authorize the connection on condition that the applicant first pay to the construction and maintenance fund an amount of money which bears the same ratio to the cost of the original canal or drain from the point of connection to its outlet as the water to be emptied into the canal or drain by the connecting drains bears to the water then flowing into and being carried by the original canal or drain as estimated by the engineer.
Acts 1971, 62nd Leg., p. 513, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.142. Enlargement of Canals, Drains, and Other Outlets

Sec. 56.142.  ENLARGEMENT OF CANALS, DRAINS, AND OTHER OUTLETS.  (a)  If the engineer's report indicates that the capacity of the canals, drains, or outlets of the district are insufficient to carry the excess water that would be discharged into them by connecting drains or that the additional discharge of water will endanger the canals and drains or the lands and property adjacent to them, the board may give the applicant permission to construct connecting drains and secure the desired outlet on condition that the applicant make necessary enlargements of the canals and drains of the district at the applicant's own expense.  The increased capacity of the canals of the district shall be sufficient to carry any increase of water caused by the connection without danger to canals and drains or lands adjacent to them.
(b)  The engineer shall supervise and direct the enlargement of the canals and drains, and after the work is completed to his satisfaction, the engineer shall report to the board under his official certificate.  The report shall show:
(1)  the kind of work done;
(2)  the extent of the work;
(3)  the new capacity to be sufficient to carry excess water from the connecting drain;
(4)  the number of days spent by the engineer supervising the work;  and
(5)  the amount due to the engineer for his services.
(c)  On approving the engineer's report, the board shall issue an order authorizing the connections to be made with the canals and drains on payment of the amount due to the engineer as shown by the engineer's report and shall order the applicant to pay the engineer's salary.
Acts 1971, 62nd Leg., p. 514, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1999, 76th Leg., ch. 222, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.143. Contract for Improvements With the United States

Sec. 56.143.  CONTRACT FOR IMPROVEMENTS WITH THE UNITED STATES.  (a)  Any district which is converted under Section 56.032 of this code and which lies wholly within one county may enter into contracts with the United States, including the Bureau of Reclamation of the Department of Interior, to construct improvements.
(b)  The board must approve the project, plans and specifications, and methods of constructing or reconstructing the improvements.
(c)  After approval, the board may execute a contract for a specified number of years or until the plans or programs of the district are completed and shall pay the obligations incurred under the contract by issuing bonds that are approved by the voters in the manner provided for issuing other bonds of the district.  The board shall deliver the bonds to the United States.
Acts 1971, 62nd Leg., p. 514, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter D. Powers and Duties › Section 56.144. Interlocal Agreements

Sec. 56.144.  INTERLOCAL AGREEMENTS.  A district created pursuant to this chapter, special law or other general law may enter into an interlocal agreement with another political subdivision to accomplish the purposes set forth in Article III, Sections 52(b)(1), (2), and (3), of the Texas Constitution.  In the event the jurisdictional boundaries of two or more districts or political subdivisions contain all or part of the same watershed of a waterway and one or more of the other districts or political subdivisions determines that the construction of improvements in the watershed would be a public benefit and accomplish the purposes set forth in Article III, Sections 52(b)(1), (2), and (3), of the Texas Constitution, the district or political subdivision shall propose an interlocal agreement to the governing bodies of the other districts or political subdivisions sharing jurisdiction within the watershed.  If an interlocal agreement is not executed within 120 days from the date it is submitted to all of the districts and political subdivisions sharing jurisdiction within the watershed, the district or political subdivision proposing the improvements may petition the commission for approval of the proposed improvements.  The commission shall conduct a hearing on the proposed improvements and upon a finding that the improvements would be a public benefit, shall approve the plan for the improvements, and the district or political subdivision proposing the improvements shall be authorized to implement the plan within the boundaries of the other district or political subdivision.
Added by Acts 1995, 74th Leg., ch. 958, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter E. General Fiscal Provisions › Section 56.182. District Funds

Sec. 56.182.  DISTRICT FUNDS.  (a)  The construction and maintenance fund consists of money, effects, property, and proceeds received by the district from any source except that portion of tax collections necessary to pay principal and interest on bonded indebtedness.
(b)  The interest and sinking fund consists of that portion of tax collections necessary for paying principal and interest on bonded indebtedness, and this fund may be invested for the benefit of the district as provided by law.
(c)  Each fund shall be held for the purpose for which it was created, and if money is improperly paid from either fund, the board may transfer money in the two funds to restore the fund which was improperly used.
Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.201. Authority to Issue Bonds

Sec. 56.201.  AUTHORITY TO ISSUE BONDS.  Any district may issue bonds as provided in this chapter to pay for drainage improvements.
Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.202. Issuance of Bonds

Sec. 56.202.  ISSUANCE OF BONDS.  When maps, profiles, and estimates are filed, the board shall issue an order directing the issuance of bonds sufficient to pay for proposed improvements together with necessary, actual, and incidental expenses.  The bonds may not be issued in an amount greater than the amount specified in the order and notice of election, and in districts operating under Article III, Section 52, of the Texas Constitution, the bonds may not be issued in an amount greater than one-fourth of the assessed valuation of the real property of the district.
Acts 1971, 62nd Leg., p. 516, ch, 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.203. Record Book for Bonds

Sec. 56.203.  RECORD BOOK FOR BONDS.  (a)  Before any bonds are issued, the board shall provide a well-bound book in which the board shall keep a record of:
(1)  all bonds which have been issued;
(2)  the numbers of the bonds;
(3)  the amount of the bonds;
(4)  the rate of interest on the bonds;
(5)  the date of issuance of the bonds;
(6)  the date on which the bonds are due;
(7)  the place where the bonds are payable;
(8)  the amount received for the bonds;
(9)  the annual rate of assessment to pay interest on and provide a sinking fund for the bonds;  and
(10)  the payment of each bond.
(b)  The board shall keep the book open at all times for public inspection by district taxpayers and bondholders.
Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.204. Bonds: Requisites

Sec. 56.204.  BONDS:  REQUISITES.  (a)  Bonds shall be issued in the name of the district, signed by the board president, and attested by the board secretary, and each bond shall have the seal of the district affixed to it.
(b)  The bonds shall be issued in denominations and shall bear interest as authorized by the board.
(c)  The terms of the bonds shall include the time, places, manner, and conditions of payment and the rate of interest determined and ordered by the board.
(d)  The bonds shall be paid not later than 40 years from the date they are issued.
Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.205. Bonds: Approval

Sec. 56.205.  BONDS:  APPROVAL.  (a)  After the bonds are sold, the district shall submit to the attorney general:
(1)  the actual bonds;
(2)  a certified copy of the board's order levying a tax to pay interest and create a sinking fund;
(3)  a statement of the district's total bonded indebtedness including the value of the bonds proposed to be issued and the value of taxable property in the district as shown by the last official assessment of the appraisal district in which the district participates;  and
(4)  other information the attorney general requires.
(b)  The attorney general shall examine the bonds carefully and shall certify them if he finds that they conform to the constitution and laws of this state and are valid and binding obligations of the district.
Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.207. Bonds: Sale

Sec. 56.207.  BONDS:  SALE.  (a)  The board shall advertise and sell the bonds on the best terms and for the best price possible.
(b)  The board shall deposit all money from the sale of the bonds as it is received into the construction and maintenance fund of the district.
Acts 1971, 62nd Leg., p. 517, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.209. Use of Unsold Bonds for Maintenance Purposes

Sec. 56.209.  USE OF UNSOLD BONDS FOR MAINTENANCE PURPOSES.  If any bonds remain unsold which are not required to complete improvements, the board may enter its consent on the public record to sell the bonds and place the proceeds in the construction and maintenance fund for use in accomplishing the purposes stated in Section 56.242 of this code.
Acts 1971, 62nd Leg., p. 517, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.210. Refunding Bonds

Sec. 56.210.  REFUNDING BONDS.  (a)  A district may refund outstanding bonds by issuing new bonds as provided by Chapter 1207, Government Code.
(b)  The district shall issue the bonds in denominations to be determined by the board and shall levy a tax sufficient to meet the payment of principal and interest of the refunding bonds before the bonds are delivered.
Acts 1971, 62nd Leg., p. 518, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.211. Refunding Bond Election

Sec. 56.211.  REFUNDING BOND ELECTION.  (a)  If indebtedness to be refunded includes obligations other than voted bonds, in any district operating under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, before the refunding bonds may be issued, a majority of the electors of the district voting at an election called for that purpose must vote in favor of issuing the refunding bonds and levying a tax to pay for the bonds.
(b)  The board shall call the election and the secretary of the board shall give notice of the time and places for holding the election.
(c)  The notice shall be signed by the secretary and shall
(1)  state the purpose of the election;
(2)  state the proposition to be voted on;
(3)  define the election precincts;
(4)  prescribe the polling places in the district;  and
(5)  list the names of the election officers.
(d)  The notice shall be published once a week for three consecutive weeks in a newspaper of general circulation in the county in which the district is located, but if a newspaper is not published in the county, the notice shall be published in the nearest county.  The first publication shall be at least 20 days before the day of the election.
Acts 1971, 62nd Leg., p. 518, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1768, ch. 518, Sec. 8, eff. May 31, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.212. Approval and Issuance of Refunding Bonds

Sec. 56.212.  APPROVAL AND ISSUANCE OF REFUNDING BONDS.  (a)  If the board declares the result of the election under Section 56.211 of this code to favor the issuance of refunding bonds and the levy of a tax to pay for the bonds, refunding bonds with the seal of the district affixed to them may be issued in the name of the district.  The bonds shall be signed by the board president and attested and registered by the board secretary.
(b)  The bonds together with the record relating to them shall be submitted to the attorney general for his approval, as required by Section 49.184.
(c)  When the attorney general approves the bonds, they shall be delivered to the comptroller who shall register them and deliver them in exchange for or on release of the obligations being refunded at the time, in the manner, and in the amounts prescribed in the order of the board. If the obligations being refunded are evidenced by outstanding securities, the comptroller shall cancel the outstanding securities concurrently with the registration and delivery of the bonds.
(d)  When the refunding bonds are approved by the attorney general and registered and delivered by the comptroller, the bonds are valid and binding obligations of the district and are incontestable for any cause.
Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 12, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter F. Issuance of Bonds and Notes › Section 56.213. Tax Anticipation Notes; Bond Anticipation Notes

Sec. 56.213.  TAX ANTICIPATION NOTES;  BOND ANTICIPATION NOTES.  (a)  A district may borrow money by issuing negotiable tax anticipation notes or bond anticipation notes if the board finds that the district has an insufficient amount of money available to:
(1)  pay the principal of or interest on any district bond payable in whole or in part by taxes;  or
(2)  meet any other need of the district.
(b)  The district may issue tax anticipation notes or bond anticipation notes without giving notice or otherwise advertising the issuance of the notes.
(c)  A tax anticipation note or bond anticipation note must mature not later than one year after the date the note is issued.
(d)  The district may issue tax anticipation notes for any purpose for which the district is authorized to levy taxes.  The notes must be secured with the proceeds of taxes to be levied by the district in the 12-month period following issuance of the note.  The district may covenant with purchasers of the notes that the district will levy a tax sufficient to pay the principal of and interest on the notes and to pay the costs of collecting the tax.
(e)  The district may issue bond anticipation notes for any purpose for which bonds of the district have been approved by voters or to refund previously issued bond anticipation notes.  A district may covenant with purchasers of the notes that the district will use the proceeds of the sale of any district bonds in the process of issuance to refund the notes.  A district that covenants under this subsection shall use the bond proceeds to pay the principal, interest, or redemption price on the notes.
(f)  A district required to seek commission approval of bonds must have an application for approval of a bond on file with the commission before issuing bond anticipation notes secured by the bond.
Added by Acts 1995, 74th Leg., ch. 1052, Sec. 2, eff. June 17, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.241. Levy of Taxes to Pay for Bonds

Sec. 56.241.  LEVY OF TAXES TO PAY FOR BONDS.  After bonds are authorized at an election, the board shall have taxes annually assessed and collected on all property in the district sufficient to pay interest and principal on the bonds.  Taxes collected under this section shall be placed in the interest and sinking fund.
Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.242. Maintenance Tax

Sec. 56.242.  MAINTENANCE TAX.  (a)  The board shall have a tax assessed and collected on district property sufficient to maintain, repair, and preserve district improvements and to pay legal debts, demands, and obligations of the district, but in districts operating under Article III, Section 52, of the Texas Constitution, the tax may not be in an amount greater than one-half of one percent of the total assessed valuation of the district for that year.
(b)  Taxes collected under this section shall be placed in the construction and maintenance fund.
(c)  The board may issue negotiable notes payable from the maintenance tax authorized by Subsection (a) to meet the financial obligations of the district, as described by Subsection (a).  The notes shall be payable over a period not to exceed five years from the date of issuance.  Notes issued under this subsection are not required to be approved by the Texas Natural Resource Conservation Commission.  A district may not have outstanding, at any one time, notes in excess of $3 million under this subsection.
(d)  The board may issue negotiable notes to pay any lawful expenditure of the district, other than principal and interest on debt, including all costs to improve or repair any existing drainage canal, ditch, watercourse, or other work constructed, repaired, or improved by the district.  The notes may be payable from and secured by a lien on and pledge of any available funds of the district, including the proceeds of a maintenance tax.  Notes issued under this subsection shall be payable over a period not to exceed 20 years from the date of issuance and if issued for a term longer than one year must be treated as "debt" as defined by Section 26.012, Tax Code.  The maximum debt service on all notes issued under this subsection may not exceed in any fiscal year of a district an amount that could be paid from the proceeds of one-fourth of the maximum tax the district is authorized by law to levy on the date any notes are issued.
Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 14, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.247. Levying Taxes on the Benefit Basis

Sec. 56.247.  LEVYING TAXES ON THE BENEFIT BASIS.  A district operating under Article XVI, Section 59, of the Texas Constitution, may levy taxes on the benefit basis, which means the levy of a tax on an equal or uniform basis or rate on each acre of land in the district.
Acts 1971, 62nd Leg., p. 520, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.248. Authorizing Taxation on the Benefit Basis for Newly Created Districts

Sec. 56.248.  AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR NEWLY CREATED DISTRICTS.  (a)  In a petition to create a district under Article XVI, Section 59, of the Texas Constitution, the petitioner may request that taxes in the proposed district be levied on the benefit basis, and the notice of hearing on the petition shall state this request in addition to other information required by V.T.C.A., Water Code Sec. 56.017.
(b)  At the hearing on the petition, the commissioners court shall consider whether or not it will be fair and equitable to levy taxes on the benefit basis, and any person who would be affected by creation of the district may appear before the commissioners court and support or oppose the levy of taxes on the benefit basis.
(c)  If the commissioners court finds that creation of and drainage of the district is feasible and practicable under V.T.C.A., Water Code Sec. 56.019, the commissioners court shall further determine whether or not the levy of taxes on the benefit basis would be fair and equitable to the landowners in the district.
(d)  If the commissioners court determines that levying taxes on a benefit basis would not be fair and equitable to the landowners, the order of the commissioners court shall state these findings, and if the district is created, district taxes shall be levied on an ad valorem basis.
(e)  If the commissioners court favors creation of the district and determines that levying taxes on a benefit basis will be fair and equitable to the landowners, the order of the commissioners court shall include these findings and an election shall be called to create the district and levy taxes on the benefit basis.
(f)  Findings of the commissioners court relating to the basis on which taxes will be levied are final and conclusive on all parties.
Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.250. Law Governing Districts Levying Taxes on the Benefit Basis

Sec. 56.250.  LAW GOVERNING DISTRICTS LEVYING TAXES ON THE BENEFIT BASIS.  A district that levies taxes on the benefit basis is governed by the provisions of this chapter.  However, the rate of taxation and the assessment and collection of taxes is governed by the law relating to ad valorem taxes to the extent applicable and not inconsistent with this chapter.
Acts 1971, 62nd Leg., p. 522, 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 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.251. Determining Acreage in the District

Sec. 56.251.  DETERMINING ACREAGE IN THE DISTRICT.  (a)  In districts levying taxes on the benefit basis, the board shall appoint three freehold taxpaying voters in the district as a committee to determine the number of acres of land owned by each landowner in the district.  A person appointed by the board shall qualify by taking an oath to fairly and impartially hold hearings and determine acreage.
(b)  The committee to determine acreage shall give notice of the time and place of the hearing on the acreage before the 10-day period immediately preceding the day of the hearing.
(c)  At the hearing each landowner may testify about the amount of land owned by him in the district.  The committee has final jurisdiction to determine the exact acreage of each landowner in the district.
(d)  After the committee makes its determination, the land in the district shall be annually placed on the tax rolls according to the acreage determined without rendition of taxes.
Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.291. Authority to Dissolve a District

Sec. 56.291.  AUTHORITY TO DISSOLVE A DISTRICT.  Subject to the provisions of Sections 50.251-50.256 of this code, a district created under this chapter may be dissolved as provided in this subchapter.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.292. Petition

Sec. 56.292.  PETITION.  At a regular meeting of the board, any resident freehold taxpayer of the district may present a petition signed by at least five percent of the qualified voters of the district, or if there are fewer than 100 resident freehold taxpayers in the district, then by one-third of the resident freehold taxpayers requesting the dissolution of the district, and on verification of the petition signatures, the board shall order an election to be held in the district at the earliest legal time to determine whether or not the district should be dissolved.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.293. Deposit

Sec. 56.293.  DEPOSIT.  (a)  Any person filing a petition shall deposit with the board an amount sufficient to pay the cost of conducting an election within the district which shall be held by the board until the result of the election to dissolve the district is officially announced and entered in the record of the district.
(b)  If the result of the election favors dissolving the district, the board shall return the deposit to the petitioners or their agent or attorney, and the cost and expenses of holding the election shall be paid by the district, but if the result of the election is against dissolving the district, the board shall pay the cost and expenses of the election from the deposit and return the balance of the deposit to the petitioners or their agent or attorney.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.294. Election

Sec. 56.294.  ELECTION.  (a)  Notice of the election to dissolve the district shall be posted and the election shall be held as provided by this chapter for elections to create a district.
(b)  The ballots for the election shall be printed to provide for voting for or against the following proposition:  "Dissolution of the drainage district."
(c)  For the proposition to carry, two-thirds of those persons voting at the election must vote to dissolve the district.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.295. Result of the Election

Sec. 56.295.  RESULT OF THE ELECTION.  (a)  The returns of the election shall be made and the votes canvassed as provided in this chapter.
(b)  If the proposition carries, the board shall declare the result and enter it in its minutes substantially as follows:
"__________ and __________ others having petitioned for the dissolution of __________ County Drainage District No. ___;  an election having been held in the district on __________;  and a two-thirds majority of the votes cast in the election having favored dissolution of the district;  now, therefore, the board of directors declares that __________ Drainage District No. ___ is dissolved."
(c)  If the proposition fails to carry, another election for the same purpose may not be held for at least two years after the results of the election are declared.
Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 16, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.296. Settlement of Debts

Sec. 56.296.  SETTLEMENT OF DEBTS.  (a)  When the district is dissolved, the commissioners court shall provide for settlement of debts of the district, including costs and expenses of holding the dissolution election, and may levy and collect a tax on property in the district in the amount necessary to pay all valid debts and obligations of the district except district bonds.
(b)  Unless district bonds are retired as provided in Section 56.299 of this code, the bonds shall be paid according to their terms by levy and collection of an annual tax.
Acts 1971, 62nd Leg., p. 524, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.297. Dissolution Tax

Sec. 56.297.  DISSOLUTION TAX.  (a)  The commissioners court shall determine the amount of debt owed by the district and shall apportion the amount of the debt among the property taxpayers of the district, and a tax shall be levied on each piece of property in the district to pay for its proportionate share of the debt.  Each taxpayer may pay his tax annually or in one payment, and the amount of debt apportioned to each tract of land is a lien on that piece of land for the payment of the debt.
(b)  Payment of taxes under this section may be made either in money or by surrender of bonds or other evidences of debt of the district.  Any holder or owner of debt owed by the district may surrender his bonds and coupons or approved accounts to the district tax collector to pay for taxes owed on property in the district which is owned by the holder or owner of the debt, and when surrendered, the bonds or evidences of debt shall be marked paid and a receipt issued for them.  The holder of bonds and coupons may only surrender coupons that are matured at the time of their surrender, and unmatured bonds are eligible only to pay unmatured tax liability in advance and only for the year in which the bonds mature.
(c)  After taxes are paid as provided in this section, the taxpayer and his property are released from further liability for debts of the district, and the district tax collector shall issue a release and a receipt for the taxes which shall be filed with the clerk of the county court in the county in which the property is located in the manner provided by law for filing documents relating to real estate.
Acts 1971, 62nd Leg., p. 524, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.299. Retirement of Bonds

Sec. 56.299.  RETIREMENT OF BONDS.  If there are outstanding bonds at the time the district is dissolved, the commissioners court may immediately enter into negotiations with the bondholders to retire the bonds before maturity, and if under their terms or by agreement between the commissioners court and the bondholders, the bonds can be retired at an earlier date than appears on their face and if the commissioners court considers retirement to be feasible and practicable, an agreement may be made by the commissioners court providing for paying and retiring the bonds.
Acts 1971, 62nd Leg., p. 525, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.300. Trustee

Sec. 56.300.  TRUSTEE.  On filing and approval of a bond, the county treasurer becomes the trustee for the dissolved district.
Acts 1971, 62nd Leg., p. 525, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.301. Trustee's Bond

Sec. 56.301.  TRUSTEE'S BOND.  The county treasurer shall execute a good and sufficient bond in a sum to be determined by the commissioners court, payable to and approved by the county judge, conditioned on the faithful performance of his duties as treasurer and trustee of the district and on paying to the parties entitled to it all money and other property which he receives as trustee and treasurer.  The bond shall be recorded in the minutes of the commissioners court, and on approval shall supersede the bond given by the county treasurer as treasurer of the district.
Acts 1971, 62nd Leg., p. 525, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.302. Trustee's Compensation

Sec. 56.302.  TRUSTEE'S COMPENSATION.  (a)  The trustee is entitled to receive for his services one percent of all money received by him for the dissolved district and one percent on all money he pays out under this subchapter, but he is not entitled to receive a commission on money controlled by him when the district was dissolved or money relinquished by him at the expiration of his trusteeship.
(b)  Only one compensation shall be paid to the trustee for his services as trustee and ex officio treasurer of the dissolved district.
Acts 1971, 62nd Leg., p. 525, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.303. Powers of the Trustee

Sec. 56.303.  POWERS OF THE TRUSTEE.  (a)  The commissioners court shall provide for disposition and sale of district property, and after giving the required bond, the trustee shall assume control from the commissioners court of the district's property, including money in the district treasury and books, notes, accounts, and choses of action.
(b)  The trustee may sue any person in possession of property of the district or owing a debt to the district as though the district were still organized and may employ counsel to assist him in all suits and in the care and management of the business of the dissolved district.
Acts 1971, 62nd Leg., p. 525, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.304. Expenses of the Trustee

Sec. 56.304.  EXPENSES OF THE TRUSTEE.  (a)  The trustee shall charge against the trust estate all reasonable expenses incurred by him in caring for, conducting, and controlling the business of the district, in employing counsel for the district, and in conducting or defending suits, and on posting notice as required in cases of other claims, the trustee shall present the charges to the commissioners court annually at a regular meeting.
(b)  On approval by the commissioners court, the expenses become a valid and subsisting claim against the district and may be retained by the trustee out of funds controlled by him as treasurer of the dissolved district.
(c)  If the claim for expenses is rejected either in whole or in part, the trustee may appeal the decision as other claimants appeal decisions under this subchapter.
Acts 1971, 62nd Leg., p. 526, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter H. Dissolution › Section 56.305. Presentation of Claims

Sec. 56.305.  PRESENTATION OF CLAIMS.  (a)  Within the six-month period immediately following approval of the trustee's bond, any person who has a claim against the district shall present the claim duly verified to the trustee, and if the trustee finds that the claim is correct, he shall allow the claim, and the claimant shall file the claim with the clerk of the commissioners court before the beginning of the 20-day period immediately preceding the next regular meeting of the commissioners court.
(b)  The clerk shall immediately issue notice of the filing to all persons interested in the district, and the notice shall be posted in three public places and at the courthouse door before the beginning of the 20-day period immediately preceding the next regular meeting of the commissioners court.
Acts 1971, 62nd Leg., p. 526, ch. 58, Sec. 1, eff. Aug. 30, 1971.