reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.501. Definition

Sec. 49.501.  DEFINITION.  In this subchapter, "municipal water supplier" means a municipality, a water supply corporation, or a special utility district converted from a water supply corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 880 (H.B. 752), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.502. Applicability

Sec. 49.502.  APPLICABILITY.  This subchapter applies only to a district, other than a drainage district, located wholly or partly in a county:
(1)  that borders the Gulf of Mexico and the United Mexican States; or
(2)  that is adjacent to a county described by Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.503. Petition by Municipal Water Supplier to Convert Water Use After Subdivision

Sec. 49.503.  PETITION BY MUNICIPAL WATER SUPPLIER TO CONVERT WATER USE AFTER SUBDIVISION.  (a)  This section applies only to land:
(1)  that is:
(A)  subdivided into town lots or blocks or small parcels of the same general nature as town lots or blocks;
(B)  designed, intended, or suitable for residential or other nonagricultural purposes, including streets, alleys, parkways, parks, detention or retention ponds, and railroad property and rights-of-way; or
(C)  in a subdivision created to meet the requirements of a governmental entity authorized to require a recorded plat of subdivided lands;
(2)  that is in a subdivision for which a plat or map has been filed and recorded in the office of the county clerk of each county in which the subdivision is wholly or partly located; and
(3)  that is or was assessed as flat rate irrigable property in the municipal water supplier's certificated service area or its corporate area.
(b)  A municipal water supplier that serves land described by Subsection (a) may petition the district in accordance with this section to convert the proportionate irrigation water right to the Rio Grande from irrigation use to municipal use with municipal priority of allocation under commission rules, for the use and benefit of the municipal water supplier.
(c)  The municipal water supplier must file the petition with the district not later than January 1 after the expiration of two years after the date the plat or map was recorded under Subsection (a).  The district shall consider the petition not later than January 31 of the year following the year in which the petition was filed.
(d)  The petition must identify by subdivision name or other sufficient description the land that the municipal water supplier supplies or has the right to supply potable water.
(e)  This section applies only to one subdivision of the land recorded under Subsection (a).  This section does not apply to any further subdivision of the same property.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.504. Effect of Municipal Water Supplier's Failure to File a Petition

Sec. 49.504.  EFFECT OF MUNICIPAL WATER SUPPLIER'S FAILURE TO FILE A PETITION.  (a)  If a municipal water supplier does not file a petition under Section 49.503, the district may retain the water rights for use by the district or may declare the water as excess and contract for the sale or use of the water as determined by the district.
(b)  Before a district may contract for the sale or use of water for more than one year with a purchaser located outside of a county described by Section 49.502, the district must, for 90 days:
(1)  make the water available under the same terms to all municipal water suppliers located in those counties; and
(2)  advertise the offer to sell or contract for the use of the water by posting notice on:
(A)  any website of the Rio Grande Watermaster's Office;
(B)  any website of the Rio Grande Regional Water Authority; and
(C)  the official posting place for the district's board meetings at the district's office.
(c)  If, after the 90th day after the last date on which the district posted notice, a municipal water supplier in a county described by Section 49.502 has not contracted with the district for the sale or use of the water, the district may contract with any other person for the sale or use of the water under the terms of the offer advertised under Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.505. Calculation of Proportionate Water Rights

Sec. 49.505.  CALCULATION OF PROPORTIONATE WATER RIGHTS.  A district that receives a petition under Section 49.503 shall compute the proportionate amount of water rights to the Rio Grande.  The proportionate amount of water rights is equal to the amount of irrigable acres of land in the subdivision multiplied by the lesser of:
(1)  1.25 acre-feet per irrigable acre; or
(2)  the sum of all irrigation water rights owned by the district on September 1, 2007, as if the water rights had been converted to municipal use under applicable commission rules, divided by the total amount of irrigable acres of land in the district on September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.506. Provision or Conversion of Proportionate Water Rights by District

Sec. 49.506.  PROVISION OR CONVERSION OF PROPORTIONATE WATER RIGHTS BY DISTRICT.  (a)  Not later than the second anniversary of the date the municipal water supplier files a petition under Section 49.503:
(1)  a district shall provide the municipal water supplier with the proportionate water rights described by Section 49.505 from the district's existing water rights; or
(2)  a district shall, if the district does not have sufficient existing water rights:
(A)  apply for appropriate amendments to the district's water rights under commission rules to convert the proportionate water rights from irrigation use to municipal use with municipal priority of allocation; and
(B)  provide to the municipal water supplier the converted rights described by Section 49.505.
(b)  The district may continue to use the irrigation use water for district purposes until:
(1)  the commission approves the amendment to the district's water rights; or
(2)  the water is otherwise provided to the municipal water supplier.
(c)  A district that applies for appropriate amendments under Subsection (a)(2) shall provide the municipal water supplier with an estimate of the district's reasonable costs for the administrative proceedings.  The district is not required to begin the proceedings until the municipal water supplier deposits the amount of the estimate with the district.  The municipal water supplier shall pay the district any reasonable costs that exceed the estimate.  The district shall refund the balance of the deposit if the actual cost is less than the estimate.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.507. Contract to Purchase Proportionate Water Rights; Water Rights Sale Contract

Sec. 49.507.  CONTRACT TO PURCHASE PROPORTIONATE WATER RIGHTS; WATER RIGHTS SALE CONTRACT.  (a)  A municipal water supplier may contract to purchase the proportionate water rights described by Section 49.505.
(b)  The purchase price may not exceed 68 percent of the current market value, as determined under Section 49.509, for the year that the municipal water supplier petitions the district.
(c)  The contract must be in writing in a document entitled "Water Rights Sales Contract."
(d)  The contract must include the purchase price for the water rights or, if the consideration for the sale is not monetary, the terms of the sale.
(e)  The municipal water supplier shall file the contract with the Rio Grande watermaster not later than the 10th day after the date the contract is executed.
(f)  The municipal water supplier shall pay the purchase price when the proportionate amount of water rights is made available to the municipal water supplier.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.508. Contract to Use Proportionate Water Rights; Water Supply Contract

Sec. 49.508.  CONTRACT TO USE PROPORTIONATE WATER RIGHTS; WATER SUPPLY CONTRACT.  (a)  A municipal water supplier may contract to use water associated with the proportionate water rights described by Section 49.505.
(b)  The contract must be for at least 40 years.
(c)  The price for the contractual right to use the municipal use water is based on an amount for one acre-foot of municipal use water with a municipal use priority of allocation and may not exceed the sum of:
(1)  an amount equal to the district's annual flat rate charge per assessed acre; and
(2)  the equivalent of the charge for four irrigations per flat rate acre of irrigable property in the district.
(d)  The parties to the contract shall agree on the terms of payment of the contract price.
(e)  The board periodically shall determine the flat rate charge and irrigation per acre charge described by Subsection (c).
(f)  The contract must be in writing in a document entitled "Water Supply Contract."  The contract may contain any terms to which the parties agree.
(g)  The municipal water supplier shall file the contract with the Rio Grande watermaster not later than the 10th day after the date the contract is executed.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.509. Duty of Rio Grande Regional Water Authority to Calculate Current Market Value

Sec. 49.509.  DUTY OF RIO GRANDE REGIONAL WATER AUTHORITY TO CALCULATE CURRENT MARKET VALUE.  (a)  Subject to Subsection (d), the Rio Grande Regional Water Authority annually at its January meeting shall calculate the current market value by using the average price per acre-foot of municipal use water after conversion from irrigation use water to municipal use water with a municipal priority of allocation under commission rules of the last three purchases involving:
(1)  a municipal water supplier;
(2)  a party other than a municipal water supplier; and
(3)  at least 100 acre-feet of municipal use water, with municipal priority of allocation.
(b)  The Rio Grande Regional Water Authority shall use information from the water rights sales contracts reported to the Rio Grande Watermaster's Office to calculate the current market value.
(c)  The Rio Grande Regional Water Authority shall make the calculation:
(1)  without charging any of the parties involved; and
(2)  using 100 percent of the value of monetary exchanges, not in-kind exchanges.
(d)  For purposes of this subsection, "outer boundaries of a district" means a district's boundaries without considering any exclusion of land from inside the district.  The Rio Grande Regional Water Authority shall exclude from the calculation of current market value under Subsection (a) any sale between a municipal water supplier and a district if any territory inside the outer boundaries of the district is:
(1)  subject to the municipal water supplier's certificate of convenience and necessity; or
(2)  in the corporate limits of the municipality served by the municipal water supplier, if the municipal water supplier does not hold a certificate of convenience and necessity.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 438 (H.B. 2208), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.510. Accounting for Sale of Water Rights

Sec. 49.510.  ACCOUNTING FOR SALE OF WATER RIGHTS.  A district shall maintain an accounting of money received from the sale of water rights under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.511. Capital Improvements

Sec. 49.511.  CAPITAL IMPROVEMENTS.  A district shall designate at least 75 percent of the proceeds from the sale of water rights for capital improvements in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter O. Effect of Subdivision of Nonagricultural Land on Water Rights › Section 49.512. Map of Service Area

Sec. 49.512.  MAP OF SERVICE AREA.  (a)  In this section, "outer boundaries of a district" means district boundaries without considering any exclusion of land from inside the district.
(b)  Each municipal water supplier that has a certificate of convenience and necessity service area in the outer boundaries of a district shall file a map of the service area with the district.
(c)  The municipal water supplier shall update the map and forward the map to the district when changes are made.
(d)  A district periodically shall provide to a municipal water supplier that serves territory in the district a copy of the district's map showing the outer boundaries of the district.
(e)  A district may request from a municipal water supplier a map of the municipal water supplier's service area, and a municipal water supplier may request from the district a map of the district's outer boundaries.  On request, the district and a municipal water supplier shall provide the map free of charge to each other at least one time each year.  If the district or municipal water supplier receives more than one request a year for a map, the district or municipal water supplier may charge a reasonable fee for the map.
Added by Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.24, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 50 - Provisions Generally Applicable to Districts › Subchapter A. General Provisions › Section 50.004. Write-in Voting in Certain Districts

Sec. 50.004.  WRITE-IN VOTING IN CERTAIN DISTRICTS.  (a)  In a general election for board members under this chapter or Chapter 51, 52, 53, 54, 55, or 58 of this code, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates.
(b), (c) Repealed by Acts 1995, 74th Leg., ch. 715, Sec. 39, eff. Sept. 1, 1995.
(d)  A declaration of write-in candidacy must be filed not later than 5 p.m. of the 45th day before election day.  However, if a candidate whose name is to appear on the ballot dies or is declared ineligible after the 48th day before election day, a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 42nd day before election day.
(e), (f) Repealed by Acts 1995, 74th Leg., ch. 715, Sec. 39, eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 83, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 667, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 50 - Provisions Generally Applicable to Districts › Subchapter D. Reports to Executive Director › Section 50.107. Authority of Commission Over Issuance of District Bonds

Sec. 50.107.  AUTHORITY OF COMMISSION OVER ISSUANCE OF DISTRICT BONDS.  (a)  Notwithstanding any other law to the contrary, a district, other than a navigation district, created under Article XVI, Section 59, of the Texas Constitution, the boundaries of which include less than the total area of one county, may not issue bonds that will be paid wholly or partially by taxes levied by the district unless the commission determines that the project to be financed by the bonds is feasible and issues an order approving the bonds.  This section does not apply to refunding bonds.
(b)  to (h) Repealed by Acts 1995, 74th Leg., ch. 715, Sec. 39, eff. Sept. 2, 1995.
Added by Acts 1981, 67th Leg., p. 2788, ch. 754, Sec. 1, eff. June 16, 1981.  Amended by Acts 1989, 71st Leg., ch. 729, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 81, Sec. 1, eff. May 11, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter A. General Provisions › Section 51.001. Definitions

Sec. 51.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a water control and improvement district.
(2)  "Board" means the board of directors of a district.
(3)  "Director" means a member of the board of directors of a district.
(4)  "Commissioners court" means the commissioners court of the county in which a district or part of a district is located.
(5)  "Commission" means the Texas Natural Resource Conservation Commission.
(6)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
Acts 1971, 62nd Leg., p. 110, 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 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.138, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.075, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.011. Creation of District

Sec. 51.011.  CREATION OF DISTRICT.  A water control and improvement district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the Texas Constitution, or Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.012. Composition of District

Sec. 51.012.  COMPOSITION OF DISTRICT.  (a)  A district may include all or part of one or more counties, including any town, village, or municipal corporation, and may include any other political subdivision of the state or any defined district.
(b)  The areas composing a district do not have to be contiguous but may consist of separate bodies of land separated by land not included in the district;  however, each segregated area, before it may be included in the district, must cast a majority vote in favor of the creation of the district.
(c)  No district may include territory located in more than one county except by a majority vote of the electors residing within the territory in each county sought to be included in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.013. Petition

Sec. 51.013.  PETITION.  (a)  A petition requesting creation of a district shall be signed by a majority of the persons who hold title to land in the proposed district which represents a total value of more than 50 percent of the value of all the land in the proposed district as indicated by the tax rolls of the central appraisal district.  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.
(b)  The petition may be signed and filed in two or more copies.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 25, eff. June 17, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.014. Contents of Petition

Sec. 51.014.  CONTENTS OF PETITION.  The petition shall include:
(1)  the name of the district;
(2)  the area and boundaries of the district;
(3)  the provision of the Texas Constitution under which the district is to be organized;
(4)  the purpose or purposes of the district;
(5)  a statement of the general nature of the work to be done and the necessity and feasibility of the project, with reasonable detail and definiteness to assist the court or commission passing on the petition in understanding the purpose, utility, feasibility, and need;  and
(6)  a statement of the estimated cost of the project based on the information available to the person filing the petition at the time of filing.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.015. Place of Filing; Recording

Sec. 51.015.  PLACE OF FILING;  RECORDING.  (a)  The petition shall be filed in the office of the county clerk of the county in which the district is located.  If land in more than one county is included in the district, copies of the petition certified by the clerk shall be filed in the office of the county clerk of each county in which a portion of the district is located.
(b)  The petition shall be recorded in a book kept for that purpose in the office of the county clerk.
(c)  If more than one petition is filed and the petitions are identical except for the signature, one copy of the petition shall be recorded and all signatures on the other petitions shall be included.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.016. Commissioners Court or Commission to Consider Creation of District

Sec. 51.016.  COMMISSIONERS COURT OR COMMISSION TO CONSIDER CREATION OF DISTRICT.  If the land to be included in a district is within one county, the creation of the district shall be considered and ordered by the commissioners court, but if the land to be included in a district is in two or more counties, the creation of the district shall be considered and ordered by the commission.
Acts 1971, 62nd Leg., p. 110, 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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.017. Single-County District: Hearing

Sec. 51.017.  SINGLE-COUNTY DISTRICT:  HEARING.  (a)  Except as provided in Subchapter H of this chapter, if a petition is filed for the creation of a district within one county, the county judge shall issue an order setting the date of hearing on the petition by the commissioners court and shall endorse the order on the petition or on a paper attached to the petition.
(b)  After the order is issued, the county clerk shall issue notice of the hearing.
(c)  The petition may be considered at a regular or special session of the court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.018. Single-County District: Notice of Hearing

Sec. 51.018.  SINGLE-COUNTY DISTRICT:  NOTICE OF HEARING.  (a)  The notice of hearing on the petition shall include a statement of the nature and purpose of the district and the date, time, and place of hearing.
(b)  The notice shall be prepared with one original and three copies.  The county clerk shall retain one copy of the notice in his files and deliver the original and two copies to the county sheriff.
(c)  The sheriff shall post one copy of the notice at the courthouse door 15 days before the day of the hearing and shall publish one copy in a newspaper of general circulation in the county once a week for two consecutive weeks.  The first newspaper publication shall be made at least 20 days before the day of hearing.
(d)  Before the hearing, the sheriff shall make due return of service of the notice with copy and affidavit of publication attached to the original.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.019. Single-County District: Name

Sec. 51.019.  SINGLE-COUNTY DISTRICT:  NAME.  (a)  A district located in one county may be named the ____________ County Water Control and Improvement District, Number ____.  (Insert the name of the county and proper consecutive number.)
(b)  A district may be known and designated by any term descriptive of the location of the district and descriptive of the principal powers to be exercised by the district;  however, the word "district" shall be included in the designation and a consecutive number shall be assigned to it if other districts of the same name have been created in the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.020. Single-County District: Testimony at Hearing

Sec. 51.020.  SINGLE-COUNTY DISTRICT:  TESTIMONY AT HEARING.  (a)  At the hearing on the petition, any person whose land is included in or would be affected by the creation of the district may appear and contest the creation of the district and may offer testimony to show that the district:
(1)  is or is not necessary;
(2)  would or would not be a public utility or benefit to land in the district;  and
(3)  would or would not be feasible or practicable.
(b)  The hearing may be adjourned from day to day.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.021. Single-County District: Granting or Refusing Petition

Sec. 51.021.  SINGLE-COUNTY DISTRICT:  GRANTING OR REFUSING PETITION.  (a)  The commissioners court or the commission shall grant the petition requesting the creation of a district if it appears at the hearing that:
(1)  organization of the district as requested is feasible and practicable;
(2)  the land to be included and the residents of the proposed district will be benefited by the creation of the district;
(3)  there is a public necessity or need for the district;  and
(4)  the creation of the district would further the public welfare.
(b)  If the commissioners court or the commission fails to make the findings required by Subsection (a) of this section, it shall refuse to grant the petition.
(c)  If the commissioners court or the commission finds that any of the land sought to be included in the proposed district will not be benefited by inclusion in the district, it may exclude those lands not to be benefited and shall redefine the boundaries of the proposed district to include only the land that will receive benefits from the district.
(d)  Repealed by Acts 1989, 71st Leg., ch. 936, Sec. 19, eff. Sept. 1, 1989.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1989, 71st Leg., ch. 936, Sec. 19, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.022. Single-County District: Appeal From Order of Commissioners Court

Sec. 51.022.  SINGLE-COUNTY DISTRICT:  APPEAL FROM ORDER OF COMMISSIONERS COURT.  (a)  If the commissioners court grants or refuses to grant the petition, any person who signed the petition or any person who appears and protests the petition and offers testimony against the creation of the district may appeal from the order of the court by giving notice of appeal in open court at the time of the entry of the order, which shall be entered on the court's docket, and by filing with the clerk of the commissioners court within five days a good and sufficient appeal bond in the amount of $2500.
(b)  The appeal bond shall be approved by the clerk of the commissioners court payable to the county judge conditioned for the prosecution of the appeal with effect and the payment of all costs incurred with the appeal in the event that the final decree of the court is against the appellant.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.023. Single-County District: Record on Appeal; Notice of Appeal

Sec. 51.023.  SINGLE-COUNTY DISTRICT:  RECORD ON APPEAL;  NOTICE OF APPEAL.  (a)  On completion of an appeal as provided in Section 51.022 of this code, the clerk of the commissioners court shall, within 10 days, prepare a certified transcript of all orders entered by the commissioners court and transmit them with all original documents, processes, and returns on processes to the clerk of the district court to which the appeal is taken.
(b)  All persons shall be charged with notice of the appeal without notice or service of notice.  No person who failed to appear by petition, in person, or by attorney in the commissioners court may be permitted to intervene in the district court trial.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.024. Single-County District: Hearing in District Court; Procedure

Sec. 51.024.  SINGLE-COUNTY DISTRICT:  HEARING IN DISTRICT COURT;  PROCEDURE.  (a)  The district court, either in term time or in vacation time, shall schedule the appeal for hearing with all reasonable dispatch.
(b)  In the proceeding in the district court, formal pleadings shall not be required but, with the court's permission, may be filed.
(c)  The trial and decision shall be by the court without the intervention of a jury, and the hearing shall be conducted as though the jurisdiction of the district court were original jurisdiction.
(d)  The following matters may be contested in the district court:
(1)  all matters which were or might have been presented in the commissioners court;
(2)  the validity of the act under which the district is proposed to be created;  and
(3)  the regularity of all previous proceedings.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(43), eff. Aug. 31, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.025. Single-County District: Judgment of District Court; Appeal

Sec. 51.025.  SINGLE-COUNTY DISTRICT:  JUDGMENT OF DISTRICT COURT;  APPEAL.  (a)  In the appeal, the district court shall apply to the determination its full powers to the end that substantial justice may be done.
(b)  An appeal from the judgment of the district court may be taken as in other civil causes, but appeals filed under Section 51.022 of this code shall be given precedence on the docket of any higher court over all causes which are not of similar public concern.
(c)  The final judgment of the district court, or other court to which an appeal may be prosecuted, shall be certified and transmitted to the clerk of the commissioners court with all original documents and processes which were transmitted from the commissioners court to the district court on appeal.
(d)  The commissioners court shall enter its order on the petition to conform to the decree entered by the court of final jurisdiction and shall enter other and further orders as may be required by law to execute the intent of the certified decree.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.026. Single-County District: Appointment of Directors; Bond

Sec. 51.026.  SINGLE-COUNTY DISTRICT:  APPOINTMENT OF DIRECTORS;  BOND.  (a)  If the commissioners court grants a petition for creation of a district, it shall appoint five directors who shall serve until their successors are elected or appointed in accordance with law.
(b)  Each director shall, within 15 days after appointment, file his official bond in the office of the county clerk, and the county clerk shall present the bond to the county judge for approval.  The county judge shall pass on the bond and approve it, if it is proper and sufficient, or disapprove it and shall endorse his action on the bond and return it to the county clerk.
(c)  If approved, the bond of a director shall be recorded in a record kept for that purpose in the office of the county clerk, but if a bond is not approved, a new bond may be furnished within 10 days after disapproval.
(d)  If any director appointed under this section fails to qualify, the commissioners court shall appoint another person to replace him.
(e)  Each director appointed under this section shall take the oath of office as provided by Section 51.078 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.027. Multi-County District: Hearing by Commission

Sec. 51.027.  MULTI-COUNTY DISTRICT:  HEARING BY COMMISSION.  (a)  The commission shall have exclusive jurisdiction and power to hear and determine all petitions for creation of a district which will include land or property located in two or more counties.
(b)  The orders of the commission concerning the organization of a district shall be final, unless an appeal is taken from the orders as provided in this subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.028. Multi-County District: Notice of Hearing

Sec. 51.028.  MULTI-COUNTY DISTRICT:  NOTICE OF HEARING.  (a)  When a petition is filed, the commission shall give notice of an application in the manner provided in Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under that section.
(b)  Further, the notice shall be posted at the courthouse door, on the bulletin board used for posting legal notices, in each county in which the district may be located.
(c)  The notice shall be published in one or more newspapers with general circulation in the area of the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 25, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.031. Multi-County District: Appeal From Commission Decision

Sec. 51.031.  MULTI-COUNTY DISTRICT:  APPEAL FROM COMMISSION DECISION.  (a)  When the commission grants or refuses a petition, any person who comes within the requirements specified in Sections 51.020-51.025 of this code may prosecute an appeal from the judgment of the commission under Sections 51.022-51.025 of this code.
(b)  The appeal may be taken to any district court in any county in which part of the proposed district is located or to a district court in Travis County.
(c)  The time within which an appeal bond may be approved and filed is 15 days after the entry of the final order by the commission.
(d)  On the perfection of the appeal, the appellant shall pay the actual cost of the transcript of the record, which will be assessed as part of the costs incurred on the appeal.
(e)  Whenever practicable, the original documents and processes with the returns attached shall be sent to the district court.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.032. Multi-County District: Appointment of Directors by Commission; Bond

Sec. 51.032.  MULTI-COUNTY DISTRICT:  APPOINTMENT OF DIRECTORS BY COMMISSION;  BOND.  (a)  If the commission grants the petition for creation of the district, it shall appoint five directors, who shall serve until their successors are elected or appointed.
(b)  A certified copy of the order of the commission granting a petition and naming the directors shall be filed in the office of the county clerk of each county in which a portion of the district is located.
(c)  Each director named in the order shall, within 15 days after appointment, file his official bond in the office of the county clerk of the county of his residence.  The county clerk shall present the bond to the county judge for approval.
(d)  The county judge shall act on each bond in the manner provided in Section 51.026 of this code.
(e)  If any director appointed under this section fails to qualify, the commissioners court of the county in which he lives shall appoint some qualified person to replace him.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.035. Inclusion of City, Town, or Municipal Corporation in District

Sec. 51.035.  INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION IN DISTRICT.  (a)  No city, town, or municipal corporation may be included within any district created under this chapter unless the proposition for the creation of the district has been adopted by a majority of the electors in the city, town, or municipal corporation.
(b)  Any municipal corporation included within a district shall be a separate voting district, and the ballots cast within the municipal corporation shall be counted and canvassed separately from the remainder of the district.
(c)  No district which includes a city, town, or municipal corporation may include land outside of the municipal corporation unless the election to confirm and ratify the creation of the district favors the creation of the district independent of the vote within the municipal corporation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.036. Confirmation Election in District Including Land in More Than One County

Sec. 51.036.  CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN MORE THAN ONE COUNTY.  No district, the major portion of which is located in one county, may be organized to include land in another county unless the election held in the other county to confirm and ratify the creation of the district is adopted by those voting in the other county.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.037. Exclusion of Parts of District; Dissolution

Sec. 51.037.  EXCLUSION OF PARTS OF DISTRICT;  DISSOLUTION.  (a)  If any portion of a district governed by Sections 51.035 and 51.036 of this code, votes against the creation of the district and the remainder of the district votes for the creation, the district is confirmed and ratified in those portions of the district voting for the creation, and the district is composed only of those portions.
(b)  The excluded portions of the district shall be excluded from all debts and obligations incurred after the election;  however, all land and property included in the original district shall be subject to the payment of taxes for the payment of all debts and obligations, including organization expenses, incurred while it was a part of the district.
(c)  If a district is created and portions of the proposed district are excluded by the vote in those portions, 10 percent of the voters in the district may file with the board a petition asking for a new election on the issue.  A new election shall be ordered and held for the remaining portion of the district or the district organization may be dissolved by order of the board and a new district formed.
(d)  A petition requesting a new election shall be filed within 30 days after the day on which the result of the election is canvassed and declared by the board.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.038. Municipal Districts

Sec. 51.038.  MUNICIPAL DISTRICTS.  (a)  A district operating under the provisions of this chapter may, by order of the board entered in the minutes, become a "municipal district."
(b)  To become a municipal district, a district shall have a taxing power unlimited as to rate and amount and may not have outstanding or authorized bond obligations exceeding 20 percent of the established assessable, taxable evaluation of the real estate subject to the district's taxing power.  In computing outstanding or authorized bond obligations, the bond obligations which may be retired by the district out of revenues from sources other than the income from district taxation shall not be included.
(c)  To be eligible to become a municipal district, a district:
(1)  shall embrace the total area of a municipal corporation which has bond obligations which may be declared eligible for purchase by savings banks and trusts under the acts of the State of New York, and which has plans designed for furnishing, in whole or in part, a water supply, sanitation facilities, flood protection, or other service inuring to the general benefit of the inhabitants of the embraced city;  or
(2)  shall have a population, according to the last preceding federal census, of at least 30,000 persons and have established assessable real estate values of at least $50 million.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.039. Bonds of Municipal Districts

Sec. 51.039.  BONDS OF MUNICIPAL DISTRICTS.  (a)  A district operating under Section 51.038 of this code may issue bonds which bear the legend "municipal bond."
(b)  Bonds issued in compliance with this section and with Section 51.038 of this code shall be eligible for investment of the funds of:
(1)  state banks, trust funds, and savings banks;
(2)  insurance companies, for the purpose of holding the bonds as legal reserves against liability under their contracts for insurance or for investment of an accumulated surplus;
(3)  counties, cities, towns, and other political bodies, for the purpose of investing the accumulated sinking fund money of those bodies;
(4)  the State Board of Education and the regents of The University of Texas System;  and
(5)  trustees, receivers, administrators, and guardians administering funds under orders of a court.
(c)  Municipal bonds issued under this section, when in the lawful possession of any person, shall be lawful reserves, where reserves are required by law.
(d)  The bonds are eligible for deposit with the banking and insurance departments of Texas in all cases where deposit, pledge, or security is required by law.
(e)  The bonds shall be lawful security for any bank designated as an official depository for a political body under the laws of Texas.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.040. Conversion of Certain Districts Into Districts Operating Under This Chapter

Sec. 51.040.  CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS OPERATING UNDER THIS CHAPTER.  (a)  Any water improvement district, levee improvement district, or irrigation district created under Article III, Section 52, of the Texas Constitution, or under Article XVI, Section 59, of the Texas Constitution, or any conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, may be converted to a district operating under this chapter.
(b)  The governing body of a district which desires to convert into a district operating under this chapter shall adopt and enter in the minutes of the governing body a resolution declaring that, in its judgment, conversion into a water control and improvement district operating under this chapter and under Article XVI, Section 59, of the Texas Constitution, would serve the best interest of the district and would be a benefit to the land and property included in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.