reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.76. Continuance of Operation as Distiller and Rectifier

Sec. 251.76.  CONTINUANCE OF OPERATION AS DISTILLER AND RECTIFIER.  Notwithstanding any other provision of this code, a person who has been issued a distiller's and rectifier's permit may not subsequently be denied an original or renewal distiller's and rectifier's permit for the same location on the ground that the sale of distilled spirits has been prohibited in the area by a local option election.  A person holding a permit at the time of the election or issued a permit under this section may exercise all privileges granted by this code to the holder of a distiller's and rectifier's permit, including the manufacturing, possessing, storing, packaging, and bottling of distilled spirits and the transportation of them to areas in which their sale is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 58, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.77. Continuance of Operation as Distributor

Sec. 251.77.  CONTINUANCE OF OPERATION AS DISTRIBUTOR.  (a)  Notwithstanding any other provision of this code, if the sale of malt beverages is prohibited by local option election, a licensed distributor of malt beverages whose warehouse or other facilities used in connection with the distributorship are located in the area affected, has the right to continue to operate as a distributor in that area and maintain the necessary premises and facilities for distribution.  The distributor continues to enjoy all the rights and privileges incident to distributorship, including the right to possess, store, warehouse, and sell malt beverages in that area, and deliver malt beverages into and out of that area.
(b)  A distributor in the area affected may sell or deliver malt beverages only to licensed outlets located where the sale of malt beverages is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 384, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.78. Continuance of Operation as Wholesaler

Sec. 251.78.  CONTINUANCE OF OPERATION AS WHOLESALER.  (a)  Notwithstanding any other provision of this code, if the sale of the type or types of liquor authorized to be sold by the holder of a wholesaler's permit whose warehouse or other facility used in connection with the wholesale operation is prohibited in an area by local option election, the holder of the wholesaler's permit shall have the right to continue to operate as a wholesaler in that area and maintain the necessary premises and facilities for the wholesale operation.  The wholesaler shall enjoy all the rights and privileges incident to the permit, including the right to possess, store, warehouse, sell, deliver, and receive liquor.
(b)  A wholesaler in the area affected may only sell or deliver liquor to permittees located where the sale of liquor is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.79. Areas in Which Certain Permits and Licenses May Be Issued

Sec. 251.79.  AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY BE ISSUED.  Notwithstanding any other provision of this code, a wholesaler's permit, general class B wholesaler's permit, or general or branch distributor's license may be issued and licensed premises maintained in any area where the sale of any alcoholic beverage is legal.  A person issued a permit or license under this section may exercise all rights and privileges of other permittees and licensees of the same class.
Acts 1977, 65th Leg., p. 557, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 385, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.80. Change in Precinct Boundaries

Sec. 251.80.  CHANGE IN PRECINCT BOUNDARIES.  (a)  A local option election held in a justice precinct shall be held in the territory comprising the justice precinct at the time the election is held.  If a justice precinct has established  a local option status as a result of a previous local option election in the justice precinct, such status shall remain in effect until the status is changed as the result of a subsequent local option election in the precinct.  If the boundaries of the justice precinct have changed since such status was established, a subsequent local option election will only change the local option status in the territory that is part of the justice precinct on the date of the subsequent local option election.
(a-1)  For purposes of a local option election, a newly created justice precinct shall be considered to have not held a local option election on the sale of alcoholic beverages.  Any local option status established in the territory comprising the new justice precinct that resulted from a local option election held in the territory when the territory was part of another justice precinct remains in effect until that status is changed by a local option election held in the new justice precinct.
(b)  Nothing in this section is intended to affect the operation of Section 251.73 of this code.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1298, Sec. 6, eff. September 1, 2013.
Added by Acts 1989, 71st Leg., ch. 435, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 5, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1298 (H.B. 2818), Sec. 5, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1298 (H.B. 2818), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.81. Sale of Wine

Sec. 251.81.  SALE OF WINE.  (a)  If the sale of wine was approved in an area by a local option election, other than a local option election that approved the sale of all alcoholic beverages, before September 1, 1999, an alcoholic beverage license or permit holder may not sell in that area wine containing more than 14 percent alcohol by volume unless a subsequent local option election approves the sale of wine or wine and other alcoholic beverages.
(b)  The commission shall, on the face of each alcoholic beverage license or permit, indicate whether the holder may sell wine and, if the license or permit holder may sell wine, whether the holder may sell wine up to 14 percent alcohol or 17 percent alcohol by volume.
Added by Acts 1999, 76th Leg., ch. 418, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.811. Sale of Malt Beverages

Sec. 251.811.  SALE OF MALT BEVERAGES.  (a)  If before September 1, 2021, the sale of beer was approved in an area by a local option election that approved the sale of beer only, an alcoholic beverage license or permit holder may not sell in that area malt beverages containing more than five percent alcohol by volume unless a subsequent local option election approves the sale of malt beverages or malt beverages and other alcoholic beverages.
(b)  The commission shall, on the face of each retail license, indicate whether the holder may only sell malt beverages that do not exceed five percent alcohol by volume.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 386, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 6 - Local Option Elections › Chapter 251 - Local Option Status › Subchapter D. Miscellaneous Local Option Provisions › Section 251.82. Election in Certain Cities and Towns

Sec. 251.82.  ELECTION IN CERTAIN CITIES AND TOWNS.  For the purposes of an election conducted under Section 501.109, Election Code, a reference in this code:
(1)  to the county is considered to refer to the city or town;
(2)  to the commissioners court is considered to refer to the governing body of the city or town;
(3)  to the county clerk or registrar of voters is considered to refer to the secretary of the city or town or, if the city or town does not have a secretary, to the person performing the functions of a secretary of the city or town; and
(4)  to the county judge is considered to refer to the mayor of the city or town or, if the city or town does not have a mayor, to the presiding officer of the governing body of the city or town.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 1 - Use of State Water › Article 7621f. Sale or Disposal of Salt Water for Pollution Control › Section 1. Contracts for Pollution Control; Terms

Section 1. CONTRACTS FOR POLLUTION CONTROL;  TERMS.  Any water power control district heretofore organized or hereafter organized is authorized to enter into contracts with any person, firm or corporation or one or more of either, for the sale or disposal of salt water.  Provided, no such contract shall be entered into unless it is determined by the Board of Directors of such District that such contract is needed for the purpose of pollution control and unless any such contract in the opinion of such Board of Directors is reasonably calculated to achieve such purpose.  If it is determined by the Board of Directors of any such District that in order to effect the sale or disposal of salt water that it is necessary to guarantee a constant flow of water under any such contract, then fresh water may be included, but only to the extent it is necessary in order to achieve pollution control through disposing of salt water.  Such contracts may be for a period of time and on such terms as may be deemed necessary by any such Board of Directors.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 1 - Use of State Water › Article 7621f. Sale or Disposal of Salt Water for Pollution Control › Section 2. Revenue Bonds; Purposes; Sale; Form, Conditions and Details

Sec. 2. REVENUE BONDS;  PURPOSES;  SALE;  FORM, CONDITIONS AND DETAILS.  Any water power control district is authorized to issue revenue bonds, without an election, for the purpose of the construction and acquisition of pipe lines, pumps and all facilities necessary for the sale or disposal of salt water for pollution control.  Any such bonds shall be authorized by such Board of Directors, from time to time, and in such amounts as it shall consider necessary.  All such bonds shall be fully negotiable and may be made redeemable before maturity, at the option of the Board of Directors of any such District, at such price or prices and under such terms and conditions as may be fixed by such Board of Directors prior to the issuance of such bonds.  Such Board of Directors may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine to be for the best interest of the District, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six (6%) per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding however, from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity.  Subject to the restrictions contained in this Act each such Board of Directors is given complete discretion in fixing the form, conditions and details of such bonds, and such bonds may be refunded or otherwise refinanced whenever said Board of Directors deems such action to be appropriate or necessary.
Any such bonds may be secured by a pledge of the revenues to be received by the District from one or more contracts entered into between the District and any person, firm or corporation, in the manner and to the extent provided in the order of the Board of Directors authorizing such bonds.  Any such bonds shall be special obligations of the District issuing same, payable solely from the revenues pledged to their payment.  Any such bonds shall contain the following statement:
"The holder hereof shall never have the right to demand payment hereof from funds raised or to be raised by taxation."
2023 Texas Statutes › Auxiliary Water Laws › Chapter 1 - Use of State Water › Article 7621f. Sale or Disposal of Salt Water for Pollution Control › Section 3. Contracts With Non-Profit Corporations; Acceptance of Works or Facilities

Sec. 3. CONTRACTS WITH NON-PROFIT CORPORATIONS;  ACCEPTANCE OF WORKS OR FACILITIES.  If any water power control district enters into a contract with a non-profit corporation whereby such non-profit corporation obligates itself to provide works or facilities to accomplish pollution control and issues its bonds to secure funds to accomplish same, the District is hereby authorized to accept all such works or facilities from such non-profit corporation at the time and in the manner provided in the contract and in the indenture securing such non-profit corporation's obligations.
Sec. 3-a. BOND ISSUES INVOLVING FEDERAL FUNDS;  APPROVAL.  Approval must be acquired from the Texas Water Commission  pursuant to Article 7880-139, Vernon's Civil Statutes, as amended, when issuing bonds involving Federal funds.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 1 - Use of State Water › Article 7621f. Sale or Disposal of Salt Water for Pollution Control › Section 4. Examination, Approval and Registration of Bonds

Sec. 4. EXAMINATION, APPROVAL AND REGISTRATION OF BONDS.  Prior to delivery thereof, all bonds authorized to be issued hereunder and the record relating to their issuance shall be submitted to the Attorney General of Texas for examination;  and if he finds that they have been issued in accordance with the Constitution and this Act, and that they will be binding special obligations of the District authorizing their issuance, he shall approve them, and thereupon they shall be registered by the Comptroller of Public Accounts of the State of Texas, and after such approval and registration they shall be incontestable.
Acts 1965, 59th Leg., p. 1509, ch. 655, eff. Aug. 30, 1965.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7808. May Establish

One or more water control and preservation districts may be established in the several counties, or a part of any county, or in two or more adjacent counties, or in parts of two or more adjacent counties, or in one county and part of an adjacent county or counties, in the manner provided in this chapter.  Said districts may or may not include within their boundaries villages, towns and municipal corporations, or any part thereof, but no land shall be at the same time included within more than one such district.  All such districts are defined districts within the meaning of Section 52, Article 3 of the State Constitution.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7809. Purposes

Said districts, when established, shall be for the purpose of the control and preservation of the purity of the waters of any rivers, creeks, bayous, lakes, canals, streams or other waters of any kind and character situated or flowing, in whole or in part, through the said district, or any part thereof, by the prevention of the inflow of salt water or other deleterious substances, or by the changing of said waters from salt to fresh water, and the impounding of fresh water for such purposes.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7810. Powers

Such districts, when established, shall have full power to erect, construct, maintain, repair and reconstruct dams, bulkheads, jetties, locks, gates, or any other character of improvement or construction necessary to the accomplishment of any such purpose, and to make such construction without the boundaries of the district, where same may be deemed necessary to the preservation, or the improvement of the purity and irrigable quality of such waters;  and may issue bonds in payment therefor.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7811. Petition

Upon the presentation to the commissioners court of a petition signed by twenty-five of the resident property taxpayers of any proposed district praying for the establishment thereof within the county, and setting forth the boundaries, and accompanied by a map thereof, the general nature of the improvements proposed, and an estimate of the probable cost thereof, and praying for the issuance of bonds and levy of a tax in payment thereof, and designating a name for such district which shall include the name of the county;  and accompanied by the affidavit of the petitioners stating that they are resident property taxpayers of such county;  the court shall set the same down for a hearing at a regular or called session, not less than thirty nor more than sixty days thereafter.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7812. Contingent Deposit

The petition shall be accompanied by five hundred dollars in cash which shall be deposited with the clerk of the commissioners court of the county in which the largest portion of the proposed district is situated.  If the result of the original election is in favor of the establishment of the district, the clerk shall return said deposit to the petitioners, their agent or attorney;  otherwise the clerk shall pay the same out upon the vouchers signed by the county judge of such county, for all expenses and costs pertaining to the proposed district up to and including said election, and shall return the balance to the petitioners, their agent or attorney.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7813. Notice of Hearing

The court shall, when setting a date for the hearing, order the clerk of said court to give notice of the date and place of said hearing by posting, or causing to be posted, not less than twenty days prior to the hearing, a copy of said petition and the order of the court thereon, one at the courthouse door and four others within the limits of the proposed district.  Said clerk shall receive one dollar for each such notice and five cents per mile for each mile necessarily traveled in posting such notices.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7814. Hearing

Any person who may be affected thereby may appear before said court and contest the creation of said district, or contend for its creation, and may offer testimony in favor of or against the boundaries of said district to show that the proposed improvements would or would not be of any public utility, and would or would not be feasible or practicable, and the probable cost of such improvements, or as to any other matter pertaining to the proposed district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7815. Hearing: Authority of Court

Unless otherwise provided, the commissioners court shall have exclusive jurisdiction to hear and determine all contests and objections to the creation and establishment of any district, and shall have exclusive jurisdiction in all subsequent proceedings of any organized district, and may adjourn hearing on any matter connected therewith from day to day;  and all judgments, decrees or orders rendered or entered by said court in relation thereto shall be final.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7816. Findings

If at said hearing it appears to the court that the organization of such district and the proposed improvement is feasible and practicable, and that it would be a public benefit or public utility, then it shall so find, and shall also find the amount of money necessary for said improvement and for all expenses incident thereto and the expenses necessarily incurred in connection with the creation and establishment of the district, and shall specify the amount of bonds to issue, the length of time the bonds shall run, and the rate of interest said bonds shall bear.  If the court finds that such organization and improvement is not feasible or practicable, or that it would not be a public benefit or utility, then it shall dismiss the petition at the cost of the petitioners.  In either case, the court shall enter its findings in the records of the court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7817. May Renew Petition

The order dismissing said petition or any appeal therefrom shall not prevent the presentation at any subsequent time of a similar petition with changed boundaries, but the presentation of a similar petition with identical boundaries shall not be permitted until the expiration of six months after such dismissal.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7819. Appeal: Proceedings

Within five days from the filing of the appeal bond, the county clerk shall transfer to the district clerk all records filed with the commissioners court pertaining to the establishment of said district, and it shall not be necessary to file additional pleadings in said court.  The court shall set the matter down for hearing de novo, and the matters shall be tried and determined by the court.  The judgment of the district court shall be final and conclusive, and shall be certified to the commissioners court for its further action.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1981, 67th Leg., p. 2629, ch. 707, Sec. 4(5), eff. Aug. 31, 1981.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7820. Election Order

If the petition is granted, the commissioners court shall order an election to be held in such district at the earliest legal time, to determine whether or not such district shall be created and whether or not a tax shall be levied sufficient to pay the interest and provide a sinking fund to redeem said bonds at maturity.  Said order shall specify the amount of bonds to be issued, the length of time said bonds shall run, and the rate of interest they shall bear, as determined by the court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7821. Notice of Election

Notice of such election stating the time and place of holding the same shall be given by the county clerk by posting or causing to be posted notices thereof in four public places in such district and one at the courthouse door, for thirty days prior to the election.  Said notice shall also contain the proposition to be voted on and the purpose for which said bonds are to be issued and the amount of such bonds, and shall contain a copy of the election order.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7822. Ballot

The commissioners court shall provide twice as many ballots as there are qualified resident property tax paying voters within such district.  Said ballots shall have printed thereon the words and none others:  "For the Water Control and Preservation District, and issuance of bonds and levy of tax in payment thereof;"  "Against the Water Control and Preservation District, and issuance of bonds and levy of tax in payment thereof."
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7823. Election: Conduct Of

None but resident property taxpayers who are qualified voters of said proposed district shall be entitled to vote at such election.  The commissioners court shall create and define, by an order of the court, the voting precincts in the proposed district, and shall name convenient polling places therein, and shall appoint the judges and other necessary election officers.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7824. List of Voters

The tax collector of the county wherein such district is situated, prior to the election, shall make a certified list of the property taxpayers of said district and furnish to the presiding judge of each precinct a list of such voters in such precinct.  No person whose name does not appear in said list shall vote at any election under this chapter, except as provided in the two succeeding articles.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7825. Voter's Oath

Any person who acquired property in said district after the first day of January of the preceding year may vote in said election upon taking the following oath before the presiding judge of the polling place where he offers to vote, and such judge is authorized to administer same:  "I do solemnly swear that I am a qualified voter of .......... County and that I am a resident property taxpayer of the proposed district, that I was not subject to pay property tax in said district for the preceding year and have not voted before at this election."
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7826. Taxpayer's Oath

Any person whose name was erroneously omitted from said list of voters may vote at said election upon the taking the oath as prescribed in the preceding article except that in lieu of the clause "that I was not subject to pay property tax in said district for the preceding year," there shall be substituted "that I was subject to and did pay property tax in said district for the preceding year.["]
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7827. Results of Election

Said court shall canvass the vote, and if two-thirds of such votes are in favor of the proposition submitted, then the court shall declare the result of said election to be in favor of said district, and shall enter same in their minutes as provided in the succeeding article.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7828. Declaration of Result

Said order of the court shall be as follows:  "Commissioners court of ........ County, Texas, ........ day of ........ A.D. ........ in the matter of petition of ........ and ........ others, praying for the establishment of a Water Control and Preservation District, and issuance of bonds and levy of taxes in said petition fully described and designated by the name of ........ Water Control and Preservation District .........  Be it known that at an election called for that purpose in said district, held on the ........ day of ........ A.D. ........, a two-thirds majority of the resident property taxpayers voting thereon voted in favor of the creation of said District, and the issuance of bonds and levy of a tax.  Now, therefore, it is considered and ordered by the court that said District be and the same is hereby established by the name of ........ Water Control and Preservation District ........, and that the bonds of said District in an amount not exceeding ........ dollars be issued by the Directors of said District, and that said Board of Directors levy a tax of ........ cents on the hundred dollars of valuation, or so much thereof as may be necessary, upon all property within said district, whether real, personal, mixed or otherwise, sufficient in amount to pay the interest on such bonds and provide a sinking fund sufficient to redeem them at maturity, and that if said tax shall at any time become insufficient for such purpose, same shall be increased by said Directors until same is sufficient.  The metes and bounds of said District being as follows, to-wit:  (giving the metes and bounds.)"
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7829. Board of Directors

At the same meeting when said order is made, or at a called meeting within five days thereafter, the court shall appoint a board of directors consisting of three members, all of whom shall be freehold property taxpayers and legal voters of the county embraced in whole or in part within the district, and more than twenty-one years of age.  Each shall receive three dollars per day for each day necessarily taken in the discharge of their duties as such;  and shall hold office for two years, unless sooner removed by a majority vote of said court.  Upon the expiration of their terms of office, the court shall appoint their successors by majority vote.  Should any vacancy occur in said board, the same shall be filled in like manner by said court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7830. Combined District

Where a proposed district lies partly within two or more counties, the petition for the establishment of said district shall be presented to the commissioners court of each county.  Each such court shall give all necessary notice as provided for a single district in one county, but stating that same is a part of such entire district, and shall order an election, appoint all necessary officers, furnish all supplies, canvass the returns and declare the result of such election, all as provided for a single district.  The presiding officer of each court shall then certify and report the result of said election to the county judge of the county in which the largest portion of such district is situated.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7831. Combined District: Declaration

Said county judge shall canvass said vote and declare the result thereof, and if two-thirds of such votes favor the creation of said district, he shall declare the result and make the same order as provided herein for a single district.  Copies of such order shall be filed with the county clerk of each county and shall be held to be a proclamation of the result of said election.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7832. Combined District: Hearing

The commissioners court of each county shall hear and determine the matters relating to the establishment of said district in their county, in the same manner as provided for a single district, and appeals may be taken therefrom to the district court of any county in which any part of said district is situated, in the manner provided herein for a single district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7833. Combined District: Directors

A board of five directors shall be elected at the same election held for the establishment of such district, and the ballot therefor may have printed thereon the names of such candidates, or the voter may write upon his ballot the names of the persons voted for as directors;  and the five persons receiving the highest number of votes so cast shall be the directors of said district, and shall hold office until the next regular election.  In case of vacancy in said board, or if the number of directors is reduced by any cause to less than three, said vacancies shall be filled in the same manner as provided by law in such cases for directors of water improvement districts under Chapter 2 of this title.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7834. Combined District: Election

On the second Tuesday of January after the establishment of such district, and biennially thereafter, an election for such directors shall be held in each such county in accordance with the election laws of this State and the provisions of this chapter for elections for establishing a district.  Said directors shall hold office for two years.  The directors shall give notice of the election, appoint election officers, receive and canvass the election returns and perform all other duties necessary for holding said elections.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7835. Director's Bond and Oath

Within ten days after their appointment or election, or as soon as practicable thereafter, the directors shall each make a good and sufficient bond for five thousand dollars payable to their district, conditioned upon the faithful performance of their duties, to be approved by the commissioners court of the county in which the director resides, and such bond and a copy of the order approving same shall be filed with the county clerk of the county in which the largest part of the district is situated.  Such clerk shall record and index the same in the deed records in the manner provided for recording and indexing deeds.  Each director shall take the official oath before the county clerk of the county in which the director resides.  All bonds and oaths shall be delivered by said clerks to the district depository and be by it safely kept and preserved for the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7836. County Officers: Compensation

Unless otherwise provided, the duties and powers herein conferred upon the county judges and members of the commissioners court, and other officers are made a part of the regular duties of said officials, which they shall render and perform without additional compensation, and the county clerk shall receive the same compensation for his services hereunder as provided for similar services under Chapter 2 hereof.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7837. Organization of Board

As soon as possible after their qualification, the directors shall organize by electing one of their number president and one as district secretary.  When the board consists of three members, any two directors shall be a quorum;  and when it consists of five members, any three directors shall be a quorum.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7838. Meetings

During the progress of the construction of any improvement under contract, the directors shall maintain a regular office within such district, and may in their discretion when deemed necessary, maintain a regular office in the district during any other time.  The directors shall hold an annual meeting on the first day of December at ten o'clock A.M. and may provide for meetings at stated intervals by resolution duly passed, and the president or any two directors may call special meetings at any time that may be deemed proper or necessary.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7839. Powers

The directors shall have control over the management of all district affairs, shall make all contracts pertaining thereto, and shall employ all necessary employés for the proper conduct and operation of such district, including engineers, bookkeepers and such other assistants and such laborers as may be required, at such compensation as they may determine, and may require bonds of any employés in any amount they may determine.  They may employ attorneys to represent such district in the preparation of any contract or the conduct of any proceedings in or out of court, and to be the legal adviser of the directors, on such terms and for such fees as may be agreed upon by them.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7840. Powers: Limitation

Where the district lies wholly in one county, the directors shall not, after the completion of the improvements, employ any attorneys as legal advisers of the district or an engineer for such district, or any other employés, except with the concurrence and consent of the commissioners court of such county;  and the compensation paid by any such attorney, engineer, or employé so employed shall be fixed by the directors subject to the approval of the commissioners court.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7841. Further Powers

The directors may employ a general manager to have general charge of the work, paying such compensation as may be agreed upon by the directors.  A director may be appointed as general manager at such compensation as may be fixed by the other directors, and when so employed he shall also perform the duties of a director, but shall not receive the compensation to be paid to the directors.  The directors may also buy all necessary work animals, machinery and supplies and material of all description as may be required in the construction, operation or repairing of the improvements of the district, and may do and perform all things necessary and proper in carrying out the purposes of said district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7842. Official Bonds

All district officers and employés who may be required to give bond or security may furnish bonds of surety companies, subject to the approval of the directors.  All such bonds shall be preserved by the directors as the property of said district.  After the organization of a district, all bonds required of any district officer or employé shall be approved by the directors.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7843. District Records

The directors, through the secretary, shall keep a true account of all matters and proceedings of the board, and shall maintain the records of the district in a secure manner.  The preservation, microfilming, destruction, or other disposition of the records of the district is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 22, eff. Sept. 1, 1989.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7844. Disbursements

All payments of any district funds shall be by voucher upon the district depository, and all such vouchers shall be signed by the president or any two directors.  All vouchers shall be issued from a regular duplicate book containing a duplicate, which shall be preserved.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7845. District Depository

The directors shall select a depository for such district in the same manner as now provided by law for the selection of county depositories, and such depository shall be regulated by the same laws as those governing county depositories.  In such selection, the directors shall perform the same duties as are incumbent upon the county judge and members of the commissioners court in the selection of county depositories.  Such depository shall make and file reports and preserve the district records as required of depositories under Chapter 2 hereof.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7846. Audit and Report

The directors shall annually require an audit to be made of the district records and accounts, at the time and in the manner provided for audits of Water Improvement Districts under Chapter 2 of this title, and on the first of January of each year they shall make and file a report of the condition of the district affairs and other data required of directors of Water Improvement Districts.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7847. Status of District

Any district may by and through its directors sue and be sued in the name of such district, and all courts of this State shall take judicial notice of the establishment of such districts;  and said districts shall contract and be contracted with in the name of such districts.  They shall have a circular seal containing a five pointed star in the center surrounded by the name of the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7848. Suits Affecting District

No suit shall be brought in any Court of this State contesting the validity or enjoining the formation of any district, or any bonds issued hereunder, or in anywise affecting the establishment of the district, or issuance of bonds by such district, except in the name of this State by the Attorney General, upon his own motion or upon the motion of any party affected thereby, upon good cause shown.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7849. Property Rights

The directors are hereby empowered to acquire the necessary right of way and property of any kind or character whatsoever for all necessary improvements contemplated by this chapter, by gift, grant, purchase or condemnation proceedings, within or without the boundaries of the district;  and any property acquired may be conveyed to the United States in so far as the same shall be necessary for the construction, operation and maintenance of works by the United States under any contract that may be entered into between the district and the United States.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7849a. Resisting Water Control Officer

The directors of any Water Control and Preservation District and the engineers and employés thereof are hereby authorized to go upon any land lying within said district for the purpose of examining same for locating dams, bulkheads, jetties, locks, gates or any other character of improvement or construction necessary to the accomplishment of the purposes of the district, to make maps and profiles thereof, and are hereby authorized to go upon lands beyond the boundaries of such districts for the purposes stated and for any other purposes necessarily connected therewith whether herein enumerated or not.  Any person who shall wilfully prevent or prohibit any such officer or employé from entering upon such land for such purpose shall be fined one hundred dollars for each day he shall so prevent or prohibit such officer or employé.
Acts 1918, 35th Leg., 4th C.S., p. 95.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7850. Eminent Domain

The right of eminent domain is hereby conferred upon all districts for the purpose of condemning and acquiring the right of way over and through all lands, private and public, except property used for cemetery purposes, necessary for making and maintaining dams, bulkheads, jetties, locks, gates and all other improvements necessary and proper for such construction.  Such right shall extent to any county in this State.  All such condemnation proceedings shall be under the direction of the directors and in the name of the district;  and all compensation and damages adjudicated in such proceedings shall be paid out of the "Construction and Maintenance Fund."
Acts 1918, 35th Leg., 4th C.S., p. 95.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7851. District Engineer

The directors shall have authority to employ a competent engineer whose term of office shall be at the will of the directors.  He shall make all necessary surveys, examinations, investigations, maps, plans, and drawings with reference to the proposed improvements.  He shall make an estimate of the cost of such improvements, shall supervise the work thereon, and perform all such duties as may be required of him by the directors.  If any proposed improvement or construction work necessary to the accomplishment of the purposes authorized in this chapter requires the permission or consent of the Federal Government or any department or officer thereof, the directors shall have authority to obtain such consent, and in lieu of or in addition to the employment of the district engineer, they shall have power to adopt any survey of any waters theretofore made by the United States, and to arrange for surveys, examination and investigation of the proposed improvements, and supervision of such work by the United States or the proper department or officer thereof.
Acts 1918, 35th Leg., 4th C.S., p. 95.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7852. Federal Co-Operation

The directors shall have full power to co-operate and act with the United States or any officer or department thereof, in any manner pertaining or relating to the construction and maintenance of any improvement, whether by survey, work or expenditure of money made or to be made, either by the directors or by Federal authority, or both.  Such directors shall have authority to agree and consent to the United States entering upon and taking the management and control of said work of construction, repair or reconstruction and maintenance, in so far as it may be necessary or permissible under the laws of the United States and the regulations and orders of any department thereof.
Acts 1918, 35th Leg., 4th C.S., p. 95.