reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.460. Certified Copy of Decree

Sec. 58.460.  CERTIFIED COPY OF DECREE.  (a)  After the judgment of the district court is entered, the clerk of the court shall make a certified copy of the decree which shall be filed with the comptroller.  The comptroller shall record the decree in the book kept for that purpose.
(b)  The certified copy of the decree or a certified copy of the comptroller's record of the decree shall be received in evidence in any suit which may affect the validity of the organization of the district or the validity of the bonds or the contract and shall be conclusive evidence of validity.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.461. Registration of Bonds and Decree

Sec. 58.461.  REGISTRATION OF BONDS AND DECREE.  On the presentation of the bonds together with a certified copy of the decree of the court, the comptroller shall register the bonds in a book kept for that purpose.  The comptroller shall attach to each bond a certificate stating that the court's decree has been filed and recorded in his office and shall sign the certificate and attach his official seal.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.462. Sale of Bonds

Sec. 58.462.  SALE OF BONDS.  (a)  After the bonds are issued by the district, the board shall sell the bonds on the best terms and for the best price possible.
(b)  The board shall pay the proceeds from the sale of the bonds to the district depository.
(c)  The district may exchange bonds for property acquired by purchase or to pay the contract price of work done for the use and benefit of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.463. Tax Levy

Sec. 58.463.  TAX LEVY.  (a)  At the time the bonds are voted, the board shall levy a tax on all property inside the district subject to district taxation in a sufficient amount to redeem and discharge the bonds at maturity.
(b)  The board annually shall levy or have assessed and collected taxes on all property inside the district in a sufficient amount to pay installments and interest as they become due.
(c)  If a contract is made with the United States, the board annually shall levy taxes on property inside the district in a sufficient amount to pay installments and interest as they become due.
(d)  The board may issue the bonds in serial form or payable in installments, and the tax levy shall be sufficient if it provides an amount sufficient to pay the interest on the bonds, the proportionate amount of the principal of the next maturing bond, and the expenses of assessing and collecting the taxes for that year.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.464. Adjustment of Tax Levy

Sec. 58.464.  ADJUSTMENT OF TAX LEVY.  (a)  The board may from time to time increase or diminish the tax to adjust it for the taxable values of the property subject to taxation by the district and the amount required to be collected.
(b)  The board shall raise an amount sufficient to pay the annual interest of and principal on all outstanding bonds.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.466. Interest and Sinking Fund

Sec. 58.466.  INTEREST AND SINKING FUND.  (a)  The district shall have an interest and sinking fund which shall include all taxes collected under this chapter.
(b)  Money in the interest and sinking fund may be used only:
(1)  to pay principal and interest on the bonds;
(2)  to defray the expenses of assessing and collecting the taxes;  and
(3)  to pay principal and interest due under a contract with the United States if bonds have not been deposited with the United States.
(c)  Money in the fund shall be paid out of the fund on warrants by order of the board as provided in this chapter.
(d)  The depository shall receive and cancel each interest coupon and bond as it is paid and shall deliver it to the board to be recorded, cancelled, and destroyed.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.467. Investment of Sinking Fund

Sec. 58.467.  INVESTMENT OF SINKING FUND.  (a)  The board may invest any portion of the sinking fund of the district in bonds of the United States, the state, any county or city in the state, any irrigation or water improvement district, school district, or other tax bonds issued under the laws of the state.
(b)  The funds may be invested if the bonds to be paid with them do not mature within three years from the time the investment is made and if it is necessary to preserve the best interest of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.468. Refunding Bonds

Sec. 58.468.  REFUNDING BONDS.  (a)  The district may refund any bonds issued by it by issuing new bonds.
(b)  Refunding bonds may be issued only if the old bonds are taken in exchange at their face value or less or new bonds can be sold at a premium and the old bonds retired without loss to the district.
(c)  The comptroller may not register the refunding bonds until the old bonds for which the refunding bonds are being issued are presented to him for cancellation or until a valid contract providing for the purchase or exchange of the old bonds is executed and a copy filed in his office.
(d)  The comptroller shall keep the refunding bonds until the old bonds are presented to him for exchange or payment, and if the old bonds are presented for payment, the district shall pay them before the refunding bonds are registered.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.469. Limitation of Authority to Incur Debt and Issue Bonds

Sec. 58.469.  LIMITATION OF AUTHORITY TO INCUR DEBT AND ISSUE BONDS.  (a)  For the benefit of purchasers or holders of bonds to be issued or sold, the board of a district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, may limit the authority of the district to incur debt or issue bonds.
(b)  The board shall limit the authority by adopting a resolution which states that during a period of not more than 15 years the district will not issue bonds in an amount of more than 25 percent of the assessed value of taxable real property in the district according to the last assessment for district purposes or in an amount of more than a fixed sum or for certain named purposes.
(c)  The board shall publish notice of the adoption of the resolution once a week for two consecutive weeks in a newspaper with general circulation in the district.  The notice shall state that the resolution will take effect unless a petition against the proposed limitation signed by 20 percent of the electors of the district is presented within 20 days after the first publication of the notice.
(d)  If a petition is filed against the limitation, the resolution will not take effect until it is approved at an election held in the district.
(e)  The ballots for the election shall be printed to provide for voting for or against:  "The limitation during the term of years of the maximum debt of the district to _______________."  (The blank space shall be filled with the purpose of the election).
(f)  If the limitation is approved at an election or if no petition is filed against the resolution, the district may not issue bonds under any statute or constitutional provision in excess of the limitation during the designated term of years except to complete and make repairs to improvements whose cost will be within the debt limitation.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.470. Issuing Bonds in Excess of Limitation

Sec. 58.470.  ISSUING BONDS IN EXCESS OF LIMITATION.  (a)  A district may issue bonds in excess of a limitation made under Section 58.469 of this code only after the commission has approved the plans and specifications with the estimate of costs.
(b)  If the plans, specifications, and estimate are approved, notice of the intention to issue the bonds shall be published once a week for three consecutive weeks in a newspaper with general circulation in the district.  The notice shall include a statement of the purpose for issuing the bonds, the amount of the proposed bond issue, and the time the hearing is to be held, which may not be less than 30 days after the notice is first published.
(c)  The board shall hold the hearing and any taxpayer, bondholder, or other interested person may appear and be heard.
(d)  If the board approves the issuance of the additional bonds in the amount and for the purpose stated in the notice, the question of issuing the bonds shall be submitted to the electors of the district at an election.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.471. Modifications or Improvements

Sec. 58.471.  MODIFICATIONS OR IMPROVEMENTS.  (a)  After bonds are issued or a contract is entered into with the United States, the board may give notice of an election to be held to authorize the issuance of additional bonds or a further contract with the United States.
(b)  Additional bonds may be issued or a supplemental contract made if the board considers it necessary to:
(1)  make modifications in the district or its improvements;
(2)  construct further or additional improvements and issue additional bonds on the report of the engineer;
(3)  make a supplemental contract with the United States;  and
(4)  make, on its own motion, additional improvements or purchase additional property to accomplish the purposes of the district and to serve the best interest of the district.
(c)  The board shall enter its findings in the minutes.
(d)  The election shall be held and the returns made in the manner provided in this chapter for the original election.
(e)  If the result of the election favors the issuance of the bonds or the supplemental contract with the United States, the board may order the bonds issued or the contract made with the United States in the manner provided in this chapter.
(f)  If a supplemental contract is made with the United States and bonds are not to be deposited with the United States, it is not necessary to issue bonds.  If the district is required to raise money in addition to the amount of the contract, the bonds shall be issued only in the additional amount needed.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.472. Issuance of Additional Bonds or Creation of Additional Indebtedness Under Certain Conditions

Sec. 58.472.  ISSUANCE OF ADDITIONAL BONDS OR CREATION OF ADDITIONAL INDEBTEDNESS UNDER CERTAIN CONDITIONS.  (a)  A district may issue additional bonds or create additional indebtedness:
(1)  if works, improvements, and facilities constructed under a plan provided in Section 58.440 or 58.452 of this code are inadequate to accomplish the beneficial results which the district's location and conditions demand;
(2)  if it is considered necessary to make repairs, replacements, or additions to the district's improvements which cost more than $25,000;  or
(3)  if additional money is needed to complete the improvements as planned.
(b)  The district shall provide the additional money for the particular purpose in accordance with the provisions of this chapter regulating the creation of bond obligations subject to every limitation with respect to the original proceedings and the substantial protection of the substantive rights of holders of any of the district's outstanding obligations.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.473. Interim Bonds

Sec. 58.473.  INTERIM BONDS.  After bonds, other than preliminary bonds or notes, are voted by a district, the board may declare an existing emergency with relation to money being unavailable to pay for engineering work, purchase of land, rights-of-way, construction sites, construction work, and legal and other necessary expenses and may issue interim bonds on the faith and credit of the district in the manner provided in Sections 58.474-58.479 of this code to pay these expenses.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.474. Limitations on Interim Bonds

Sec. 58.474.  LIMITATIONS ON INTERIM BONDS.  (a)  Interim bonds shall mature not later than 10 years from the date they are issued, and shall be redeemable at any time before they mature, as provided in this subchapter.
(b)  The principal amount of the interim bonds may not be more than 25 percent of the principal amount of the district's bonds which have been voted but not sold.
(c)  Before the issuance of the interim bonds, the board, by resolution, may limit the issue to any amount less than 25 percent, and after the amount is determined and fixed by the resolution, no additional interim bonds may be issued and sold until all outstanding interim bonds are paid.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.475. Issuance of Bonds and Levy of Tax

Sec. 58.475.  ISSUANCE OF BONDS AND LEVY OF TAX.  (a)  After bonds other than preliminary bonds are voted, the board may authorize the issuance of the bonds in whole or in part as they are needed by the district.
(b)  The board shall levy and annually assess and collect sufficient taxes to pay principal and interest on the bonds.
(c)  The bonds may be approved by the attorney general and registered by the comptroller before the filing of the report of the Texas Water Rights Commission under Section 58.451 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.476. Deposit of Bonds to Secure Interim Bonds

Sec. 58.476.  DEPOSIT OF BONDS TO SECURE INTERIM BONDS.  (a)  As the interim bonds are issued and sold, the board, by order, shall deposit bonds of the district which have been validated by a court or approved by the attorney general and registered by the comptroller as provided in Section 58.447 of this code in the district depository.
(b)  The bonds deposited shall be credited to the interest and sinking fund account created to pay the interim bonds.
(c)  The principal amount of the bonds deposited shall total at least 110 percent of the principal sum of the series of interim bonds which the bonds are deposited to secure.
(d)  The interest rate on the interim bonds may not be more than the interest rate on the bonds deposited to secure them.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.477. Procedure for Issuance and Sale of Interim Bonds

Sec. 58.477.  PROCEDURE FOR ISSUANCE AND SALE OF INTERIM BONDS.  (a)  Interim bonds shall be issued in the name of the district, signed by the president, and attested by the secretary, with the district seal attached to each bond.
(b)  The interim bonds may be issued in the denominations determined by the board and shall be approved by the attorney general and registered by the comptroller in the same manner as provided in Section 58.447 of this code.
(c)  The interim bonds may be sold in the same manner and on the same terms provided by law for the sale of other bonds of the district.
(d)  If interim bonds are sold at less than par value and accrued interest, the improvement bonds issued by the district must be sold at an increase over the price authorized by law in an amount sufficient to equal the discount allowed on the interim bonds.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.478. Payment of Interim Bonds

Sec. 58.478.  PAYMENT OF INTERIM BONDS.  (a)  The board shall appropriate the tax levied to pay the bonds deposited to the credit of the interest and sinking fund to pay the interim bonds or as much of that tax as necessary to secure the loan evidenced by the interim bonds.
(b)  The proceeds of the tax shall be devoted exclusively to the payment of the principal and interest on the interim bonds.
(c)  None of the provisions of this subchapter relating to interim bonds shall be construed as prohibiting the sale of bonds deposited to the credit of the interest and sinking fund to pay interim bonds or of any other bonds of the district, but if any of these bonds are sold, the district depository shall apply the proceeds to the payment of principal and accrued interest on the interim bonds and the remainder to the purposes for which the bonds were authorized.
(d)  If none of the bonds are sold at the time an installment on the principal and interest of interim bonds matures, the depository shall cancel the deposited bonds and attached interest coupons in an amount equal to the principal and interest of the interim bonds paid off and discharged.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.479. Redemption of Interim Bonds

Sec. 58.479.  REDEMPTION OF INTERIM BONDS.  (a)  At the option of the board, interim bonds may be redeemed at any time or times before maturity on payment by the district of the principal and accrued interest to the date fixed for redemption by the board.
(b)  When interim bonds are called for redemption before maturity, the secretary shall give written notice of the redemption to the bank or banking house named as the place of payment in the bonds or to its successor or assign.
(c)  In the notice, the secretary shall designate the bond or bonds called for redemption and payment and shall state the number or numbers of the bonds.
(d)  The notice shall include the redemption date which shall not be more than 60 days after the date notice of call for payment is made.
(e)  If any of the bonds which are called for redemption are not presented, they shall cease to bear interest from and after the date fixed for redemption.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.480. Alternate Methods for Paying Bonds

Sec. 58.480.  ALTERNATE METHODS FOR PAYING BONDS.  (a)  As used in this section and in Sections 58.481-58.484 of this code, "net revenue" means income or increment which may come from ownership and operation of the improvements which are encumbered less the proportion of the district's revenue income reasonably required to provide for administration, efficient operation, and adequate maintenance of the district's services and facilities which are encumbered.  Net revenue does not include money derived from taxation.
(b)  A district which expects net revenue from operations may secure its bonds in any one of the following:
(1)  as provided in Section 58.463 of this code;
(2)  by entering into a contract to pledge the net revenue of the district and to mortgage and encumber part or all of the property and facilities, franchise, revenue, and income from operations, and everything acquired or to be acquired by the district;  or
(3)  as provided in both Subdivisions (1) and (2) of this subsection.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.481. Taxes to Secure Certain Bonds

Sec. 58.481.  TAXES TO SECURE CERTAIN BONDS.  (a)  If bonds are secured as provided in Section 58.480(b)(3) of this code, at the time that net revenue together with money derived from taxes accumulates a surplus in the sinking fund equal to the amount required in the succeeding year to liquidate the interest and principal on the district's bonds maturing in that year, the district's annual tax levies may be lowered to produce not less than 25 percent of the bond maturities for the succeeding year.
(b)  If three successive years demonstrate that this net revenue is adequate to protect the district's bonds as they mature, the district's tax may be discontinued until further experience demonstrates the necessity to continue the tax to avoid default in the payment of the district's bonds as they mature.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.482. Election

Sec. 58.482.  ELECTION.  (a)  If the district proposes to issue bonds which will be secured under either Section 58.480(b)(2) or 58.480(b)(3) of this code, the proposition shall be presented at an election held under Section 58.443 of this code.
(b)  The ballots for the election shall be printed to provide for voting for or against one of the following propositions:
(1)  "The issuance of bonds and the pledge of net revenue for the payment of the bonds.";
(2)  "The issuance of bonds, the pledge of net revenue, and the creation of a lien on physical property to secure payment of the bonds.";  or
(3)  "The issuance of bonds, the pledge of net revenue, and the levy of adequate taxes to pay the bonds."
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.483. Hearing and Election on Certain Bonds

Sec. 58.483.  HEARING AND ELECTION ON CERTAIN BONDS.  (a)  A district which plans to issue bonds payable from and secured by a pledge of net revenue and a lien on the physical property, either or both, without the levy of taxes, is not required to hold a hearing to exclude land or adopt a plan of taxation.
(b)  The proposition for issuance of bonds may be submitted at the election held to confirm the creation of the district or at an election called by the board.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.484. Hearing Before Issuing Certain Bonds

Sec. 58.484.  HEARING BEFORE ISSUING CERTAIN BONDS.  If a district issues its original bonds under Section 58.480(b)(2) of this code and later desires to issue bonds payable in whole or in part from taxes or to levy a tax for maintenance purposes, the district shall hold a hearing to exclude land, and at the time provided by law, shall hold another hearing to adopt a plan of taxation.  These hearings shall be held before an election is called to approve the issuance of tax-supported bonds or the levy of a maintenance tax.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.501. Tax to Pay Preliminary Bonds

Sec. 58.501.  TAX TO PAY PRELIMINARY BONDS.  Taxes to pay principal and interest on preliminary bonds shall be levied and collected on the ad valorem basis.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.502. Hearing to Determine Basis of Taxation

Sec. 58.502.  HEARING TO DETERMINE BASIS OF TAXATION.  After the board adopts plans for construction of a plant and improvements to accomplish the purposes of the district and after an election is held to authorize the issuance of construction bonds and the levy of a tax to pay for the bonds, the board shall hold a public hearing to determine whether the taxes to pay the construction bonds and maintenance, operation, and administrative costs of the district shall be levied, assessed, and collected on:
(1)  the ad valorem basis;
(2)  the basis of assessment of specific benefits;
(3)  the basis of assessment of benefits on an equal sum per acre;  or
(4)  the ad valorem basis for part of the total tax or defined area or property and on the benefit basis for the other part of the tax or defined area or property.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.503. Notice of Hearing

Sec. 58.503.  NOTICE OF HEARING.  Notice of the time and place of the hearing and the proposition to be determined shall be published once a week for two consecutive weeks in one or more newspapers with general circulation in the district.  The first publication shall be made not less than 10 days before the day of the hearing set in the notice.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.504. Conduct of Hearing

Sec. 58.504.  CONDUCT OF HEARING.  (a)  At the hearing, any person who is a taxpayer in the district may appear and offer testimony to show which plan of taxation will be most conducive to equitable distribution of taxes.
(b)  The hearing may be adjourned from day to day until all persons wishing to testify have been heard.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.505. Order

Sec. 58.505.  ORDER.  (a)  The board shall adopt the plan of taxation which will, in its judgment under the evidence, be most conducive to the equitable distribution of the district's tax.
(b)  If the plan adopted by the board is made under the provisions of Section 58.512 of this code, the order shall specify the proportion of the tax which falls under each designated classification.
(c)  The order of the board is final and cannot be reviewed or questioned in any court except on the ground of fraud or palpable and arbitrary abuse of discretion.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.506. Changing Tax Plan

Sec. 58.506.  CHANGING TAX PLAN.  If after a tax plan is adopted the directors find that the best interest of the district and the necessity to maintain adequately and equitably the district's tax requires a change in the tax plan, the board may give notice, hold a hearing, and determine a new plan in the manner provided in Sections 58.502-58.505 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.507. Effect of Sections 58

Sec. 58.507.  EFFECT OF SECTIONS 58.501-58.506 OF THIS CODE.  Nothing in Sections 58.501-58.506 of this code shall be held to alter provisions of this chapter relating to districts which have contracts with the United States or to alter or impair the provisions of this code relating to taxes levied to provide local improvements to a defined area which do not affect the entire district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.508. Unlimited Authority to Collect Service Charges and Taxes

Sec. 58.508.  UNLIMITED AUTHORITY TO COLLECT SERVICE CHARGES AND TAXES.  The provisions of this subchapter do not alter or impair the right of a district:
(1)  to make, establish, and collect maintenance and operation charges for service rendered;
(2)  to levy and collect taxes to secure funds to maintain, repair, and operate all works and facilities;  and
(3)  to give and maintain proper service for the purposes of its organization.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.509. Lien Created; No Limitation

Sec. 58.509.  LIEN CREATED;  NO LIMITATION.  Charges or assessments imposed by a district for maintenance and operation of works, facilities, and services of the district shall constitute a lien against the land to which the charges or assessments have been established.  No law providing limitation against actions for debt shall apply.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.510. Purpose of Sections 58

Sec. 58.510.  PURPOSE OF SECTIONS 58.511-58.529 OF CODE.  The purpose of Sections 58.511-58.529 of this code is to give a district the flexibility of taxing power which will permit and cause the tax of the district to be equitably distributed and which will give the highest practicable degree of service under the peculiar physical and economic conditions of the district.  To this end, these sections shall be liberally and sympathetically construed.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.511. Authority to Adopt Alternative Plans of Taxation

Sec. 58.511.  AUTHORITY TO ADOPT ALTERNATIVE PLANS OF TAXATION.  A district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, shall adopt a tax plan under the alternative provisions of Sections 58.512-58.529 of this code either at the time of its creation or before the appointment of commissioners of appraisement under this chapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.512. Alternative Plans of Taxation

Sec. 58.512.  ALTERNATIVE PLANS OF TAXATION.  (a)  The district's taxes for all purposes, except to pay the cost of preliminary surveys, may be levied, assessed, and collected on an adopted basis to be chosen from the alternatives provided in this section.
(b)  The district's tax plan may be based on any one of the following:
(1)  ad valorem basis;
(2)  benefit basis;
(3)  ad valorem basis to obtain a part or percentage of the total tax or to apply to a specific part of the district and benefit basis applied to the other part of percentage of the tax or to the remaining part of the district;  or
(4)  either ad valorem or benefit basis on designated property or defined areas of the district to pay for improvements, facilities, or service peculiar to the defined part of the district and not generally and directly benefiting the district as a whole.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.513. Adoption of Plan of Taxation

Sec. 58.513.  ADOPTION OF PLAN OF TAXATION.  (a)  Except as provided in Section 58.512(b)(4) of this code, before the commission of appraisement is appointed and the construction bonds are sold, the board shall adopt a proposed plan of taxation as provided in Sections 58.502-58.505 of this code.
(b)  If the tax plan is not based wholly on the ad valorem basis or on the benefit basis, the order adopting the proposed plan shall specify the portion of the tax to be based on the ad valorem basis and the portion to be based on the benefit basis.  The board also shall state the physical and economic reasons, the peculiar diverse local needs, or the comparative potential benefits of different areas of designated property in the district which make it necessary or equitable to levy all or part of the tax on a defined part of the district on the ad valorem or benefit basis.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.514. Notice of Adoption of Plan and Hearing

Sec. 58.514.  NOTICE OF ADOPTION OF PLAN AND HEARING.  (a)  After the tax plan is adopted, the board shall publish notice once a week for two consecutive weeks in one or more newspapers with general circulation in the county or counties in which the district is located.
(b)  The notice shall state:
(1)  that the tax plan has been adopted;
(2)  that the plan is available for public inspection in the district's office;
(3)  that a hearing on the plan will be held by the board at a specified place and at a particular time, which shall not be less than 15 days nor more than 20 days after the first publication of notice;  and
(4)  that all interested persons may appear and support or oppose all or part of the proposed tax plan and offer testimony.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.515. Order Adopting Tax Plan

Sec. 58.515.  ORDER ADOPTING TAX PLAN.  (a)  After all persons have been heard, the board may approve the proposed tax plan or may change or modify the plan.
(b)  The board shall adopt a tax plan which it considers, under the evidence before it, most equitably distributes the tax burden and conserves the public welfare.
(c)  The board shall enter its order establishing the tax plan, and the plan shall become the basis for the assessment and collection of taxes until the district adopts a different plan.
(d)  The order is not subject to judicial review except on the ground of fraud, palpable error, or arbitrary and confiscatory abuse of discretion.
(e)  A new plan may be adopted if required to preserve equity of distribution in the manner provided for adopting the original plan;  however, no change may be made in the tax plan which will impair the ability of the district promptly to meet all outstanding obligations of the district within the intent of Sections 58.464 and 58.467 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.516. Obtaining Funds to Construct, Administer, Maintain, and Operate Improvements and Facilities in Defined Part of District

Sec. 58.516.  OBTAINING FUNDS TO CONSTRUCT, ADMINISTER, MAINTAIN, AND OPERATE IMPROVEMENTS AND FACILITIES IN DEFINED PART OF DISTRICT.  On adoption of the plan of taxation provided in Section 58.512(b)(4) of this code, the district, in the manner provided in Sections 58.517-58.523 of this code, may provide, pay for, maintain, and operate improvements, service, or facilities peculiar to a designated area or defined property which do not affect the whole district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.517. Defining Area and Designating Property to Be Benefited by Improvements; Adopting Tax Plan

Sec. 58.517.  DEFINING AREA AND DESIGNATING PROPERTY TO BE BENEFITED BY IMPROVEMENTS;  ADOPTING TAX PLAN.  (a)  The board shall define the particular area to be taxed by metes and bounds or designate the property to be served, affected, and taxed.
(b)  The board shall adopt a plan for improvements in the defined area or to serve the designated property in the manner provided in Sections 58.440-58.441 of this code.
(c)  The board shall adopt a plan of taxation to apply to the defined area or designated property which may or may not be in addition to other taxes imposed by the district on the same area or property.  The proportional tax or income contributions of the defined area or designated property and the proportional and equitable interest of the entire district shall be taken into consideration in imposing any tax to an area or piece of property.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.518. Notice and Hearing

Sec. 58.518.  NOTICE AND HEARING.  The board shall give notice and hold a hearing in the same manner and for the same purpose as provided in Sections 58.514-58.515 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.519. Board's Order

Sec. 58.519.  BOARD'S ORDER.  At the hearing, if the board decides to define and serve the proposed separate tax area or separate designated property, it shall enter an order in the record, and if the proposal involves the issuance of bonds, the board shall call an election in the whole district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.520. Procedure for Election

Sec. 58.520.  PROCEDURE FOR ELECTION.  (a)  The election shall conform to the provisions of this code relating to an election to authorize the issuance of construction bonds.
(b)  The board shall submit the appropriate issues to the electors, and the issues may be submitted on the same ballot to be used in another election.
(c)  The notice of election shall define the area to be designated and the plan of taxation to be applied.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.521. Election Not Required in Separate Election Precinct

Sec. 58.521.  ELECTION NOT REQUIRED IN SEPARATE ELECTION PRECINCT.  If proposed improvements are considered to be required to promote the public welfare or if the owners of the land in a defined area file a petition acknowledged as required for deeds requesting the district to provide improvements and assess a tax only in the defined area, it is not necessary to constitute the area a separate election precinct and have a separate election in that area.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.522. Ballots

Sec. 58.522.  BALLOTS.  The ballots for an election under this subchapter shall be printed to provide for voting for or against substantially the proposition:  "Designation of the area, issuance of bonds, and levy of a tax to retire the bonds."
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.523. Declaring Result and Issuing Order

Sec. 58.523.  DECLARING RESULT AND ISSUING ORDER.  If a majority of the electors approve the proposal, the board shall declare the result and, by order, shall establish the area and define it by metes and bounds or designate the specific property and shall fix the tax basis for the area or property.  A certified copy of the order shall be recorded in the minutes of the district and shall constitute notice.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.524. Pledge of Faith and Credit

Sec. 58.524.  PLEDGE OF FAITH AND CREDIT.  If at an election the electors approve the issuance of bonds and the levy of a tax which applies only to a defined area, the district may issue bonds which pledge only the faith and credit based on the property values in the defined area;  however, the district may pledge the full faith and credit of the entire district under the condition of authorization in Section 58.528 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.525. Election in Separate Election Precinct

Sec. 58.525.  ELECTION IN SEPARATE ELECTION PRECINCT.  (a)  If the improvements to be provided in a defined area are considered peculiarly for the benefit of that area and not required to conserve the public or general welfare in the district as a whole, and if the proposed improvements in that area will require the imposition of a tax only on the property in the area, the defined area is constituted a separate election precinct in which a separate election shall be held to determine if the improvements will be provided and a separate tax levied.
(b)  The election shall be held in the manner provided for issuance of bonds under this subchapter.
(c)  If a majority of the electors in the defined area approve the propositions, the district shall provide money when necessary and shall provide the improvements and levy the tax.
(d)  At an election in the defined area, each qualified elector of the district who owns property in the defined area may elect to vote in the area and not in the precinct of his residence.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.526. Issuance of Bonds and Levy of Tax for Defined Area or Designated Property

Sec. 58.526.  ISSUANCE OF BONDS AND LEVY OF TAX FOR DEFINED AREA OR DESIGNATED PROPERTY.  (a)  After the order is recorded, the district may issue its bonds to provide the specific plant, works, and facilities included in the plans adopted for the area or to serve the property and shall provide the plant, works, and facilities.
(b)  In the appropriate case, the board shall levy, assess, and collect taxes on the property located in the defined area or on the designated property in conformity with the adopted tax plan.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.527. Contract to Provide Improvements, Facilities, and Services to Designated Property or Area

Sec. 58.527.  CONTRACT TO PROVIDE IMPROVEMENTS, FACILITIES, AND SERVICES TO DESIGNATED PROPERTY OR AREA.  (a)  Property or areas inside or outside the district may, by contract, be designated to obtain improvements, facilities, or service for the designated area or property.
(b)  The designation shall be based on a written petition in conformity with the laws authorizing contracts by a petitioner or person owning, controlling, or governing the property or area to be designated.
(c)  The board may make the designation in a contract to provide, administer, maintain, and operate the desired improvements, facilities, or service for the designated area or property, and the designated area or property shall be subject to a tax lien in an amount to retire the obligations incurred by the district to provide the facilities, improvements, or service and to cover the expenses necessary to administer, maintain, and operate the improvements and facilities under the contract.
(d)  The contract may not violate the law of this state or the United States and may not result in impairing a vested right or causing the district to fail to serve fully and permanently water demands in the district in the order of preference of uses.
(e)  The contract may provide that one governing body may establish the contractual and statutory tax lien in behalf of the district and may levy, assess, and collect the tax for and on behalf of the district.
(f)  The district may not issue bonds pledging the full faith and credit of the district under this section or under Section 58.517 of this code without submitting the proposition to the electors of the whole district under the provisions of this subchapter or under the provisions authorizing the issuance of construction bonds.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter K. Tax Plan › Section 58.528. Authority of District

Sec. 58.528.  AUTHORITY OF DISTRICT.  (a)  If a majority of the electors in the whole district approve the proposal, the district may issue its bonds to provide the plant, improvements, and facilities peculiar to the defined area or designated property or peculiar to a contract for services and may pledge the full faith and credit of the district to pay for the bonds.
(b)  The district shall have a lien on the property in the defined area or on the designated property and may levy, assess, and collect or have levied, assessed, and collected taxes in the area or on the property to protect the district from or to compensate any liability incurred on behalf of the defined area or designated property.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.