reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 53 - Fresh Water Supply Districts › Subchapter F. Bond and Tax Provisions › Section 53.186. Interest and Sinking Fund

Sec. 53.186.  INTEREST AND SINKING FUND.  (a)  A district shall have an interest and sinking fund.  The board shall credit to this fund all taxes collected for the payment of interest or redemption of district bonds.
(b)  The board shall use money in this fund only:
(1)  to pay interest on district bonds;
(2)  to cancel and surrender district bonds;  and
(3)  to pay the expenses of assessing and collecting the taxes.
Acts 1971, 62nd Leg., p. 418, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 53 - Fresh Water Supply Districts › Subchapter F. Bond and Tax Provisions › Section 53.187. Investment of Sinking Fund

Sec. 53.187.  INVESTMENT OF SINKING FUND.  The board may invest the district's sinking funds in county, municipal, district, or other bonds in which other sinking funds may by law be invested.  The board may also invest the sinking funds in bonds of the series to which the funds apply, if the bonds are offered for redemption before maturity on terms the board deems advantageous to the district.
Acts 1971, 62nd Leg., p. 418, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 53 - Fresh Water Supply Districts › Subchapter F. Bond and Tax Provisions › Section 53.188. Levy of Taxes

Sec. 53.188.  LEVY OF TAXES.  After the district has issued bonds, the board shall levy taxes on all property in the district, whether real, personal, or mixed.  The board shall levy the taxes based on the full value of each piece of property.  The board shall levy the taxes in an amount which is enough to pay the interest on the bonds and to create a sinking fund sufficient to redeem and discharge the bonds when they mature.  The board shall levy taxes annually for this purpose as long as the bonds are outstanding.
Acts 1971, 62nd Leg., p. 418, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 53 - Fresh Water Supply Districts › Subchapter F. Bond and Tax Provisions › Section 53.189. Assessor and Collector--Office

Sec. 53.189.  ASSESSOR AND COLLECTOR--OFFICE.  The assessor and collector shall maintain an office.
Acts 1971, 62nd Leg., p. 418, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 53 - Fresh Water Supply Districts › Subchapter F. Bond and Tax Provisions › Section 53.190. Subject to Rules of Board

Sec. 53.190.  SUBJECT TO RULES OF BOARD.  The assessor and collector is subject to the rules and regulations of the board in the same manner as provided by law for assessors and collectors of water improvement districts.
Acts 1971, 62nd Leg., p. 418, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter A. General Provisions › Section 54.001. Definitions

Sec. 54.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a municipal utility district operating under this chapter.
(2)  "Board" means the board of directors of a district.
(3)  "Director" means a member of the board of directors of a district.
(4)  "Commission" means the Texas Natural Resource Conservation Commission.
(5)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(6)  "Public agency" means any city, the United States, the State of Texas, and any district or authority created under Article XVI, Section 59, or Article III, Section 52, of the Texas Constitution, including any river authority, or any other political subdivision or governmental agency of the United States or the State of Texas.
(7)  "City" means any incorporated city, town, or village of the State of Texas whether operating under general law or under its home-rule charter.
(8)  "Extraterritorial jurisdiction" means the extraterritorial jurisdiction of a city as defined in Article I, Chapter 160, Acts of the 58th Legislature, 1963, as amended (Article 970a, Vernon's Texas Civil Statutes).
(9)  "Sole expense" means the actual cost of the relocation, raising, rerouting, or changing grade or alteration of construction and providing comparable replacement without enhancing the facilities after deducting from it the net salvage value derived from the old facility.
Added by Acts 1971, 62nd Leg., p. 774, ch. 84, Sec. 1.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.140, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.077, eff. Aug. 12, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.011. Creation of District

Sec. 54.011.  CREATION OF DISTRICT.  A municipal utility district may be created under and subject to the authority, conditions, and restrictions of Article XVI, Section 59, of the Texas Constitution.
Added by Acts 1971, 62nd Leg., p. 774, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.012. Purposes of a District

Sec. 54.012.  PURPOSES OF A DISTRICT.  A district shall be created for the following purposes:
(1)  the control, storage, preservation, and distribution of its storm water and floodwater, the water of its rivers and streams for irrigation, power, and all other useful purposes;
(2)  the reclamation and irrigation of its arid, semiarid, and other land needing irrigation;
(3)  the reclamation and drainage of its overflowed land and other land needing drainage;
(4)  the conservation and development of its forests, water, and hydroelectric power;
(5)  the navigation of its inland and coastal water;
(6)  the control, abatement, and change of any shortage or harmful excess of water;
(7)  the protection, preservation, and restoration of the purity and sanitary condition of water within the state;  and
(8)  the preservation of all natural resources of the state.
Added by Acts 1971, 62nd Leg., p. 775, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.013. Composition of District

Sec. 54.013.  COMPOSITION OF DISTRICT.  (a)  A district may include the area in all or part of any county or counties including all or part of any cities and other public agencies.
(b)  The land composing a district need not be in one body, but may consist of separate bodies of land separated by land which is not included in the district.
Added by Acts 1971, 62nd Leg., p. 775, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.014. Petition

Sec. 54.014.  PETITION.  When it is proposed to create a district, a petition requesting creation shall be filed with the commission.  The petition shall be signed by a majority in value of the holders of title of the land within the proposed district, as indicated by the tax rolls of the central appraisal district.
Added by Acts 1971, 62nd Leg., p. 775, ch. 84, Sec. 1.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 29, eff. June 17, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 761 (S.B. 1987), Sec. 5, eff. June 12, 2017.
Acts 2017, 85th Leg., R.S., Ch. 965 (S.B. 2014), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.015. Contents of Petition

Sec. 54.015.  CONTENTS OF PETITION.  The petition shall:
(1)  describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area;
(2)  state the general nature of the work proposed to be done, the necessity for the work, and the cost of the project as then estimated by those filing the petition;  and
(3)  include a name of the district which shall be generally descriptive of the locale of the district followed by the words Municipal Utility District, or if a district is located within one county, it may be designated "__________ County Municipal Utility District No. ______."  (Insert the name of the county and proper consecutive number.)  The proposed district shall not have the same name as any other district in the same county.
Added by Acts 1971, 62nd Leg., p. 775, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.0161. Review of Creation by County

Sec. 54.0161.  REVIEW OF CREATION BY COUNTY.  (a) This section applies only to a proposed district all of which is to be located outside the corporate limits of a municipality.
(a-1)  Promptly after a petition is filed with the commission to create a district to which this section applies, the commission shall notify the commissioners court of any county in which the proposed district is to be located.
(a-2)  The commissioners court of a county in which the district is to be located may review the petition for creation and other evidence and information relating to the proposed district that the commissioners consider necessary. Petitioners for the creation of a district shall submit to the county commissioners court any relevant information requested by the commissioners court.
(b)  In the event the county commissioners court votes to submit information to the commission or to make a recommendation regarding the creation of the proposed district, the commissioners court shall submit to the commission, at least 10 days before the date set for action on the petition, a written opinion stating:
(1)  whether the commissioners court recommends the creation of the proposed district; and
(2)  any findings, conclusions, and other information that the commissioners court thinks would assist the commission in making a final determination on the petition.
(c)  In passing on a petition subject to this section, the commission shall consider the written opinion submitted by the county commissioners court.
Added by Acts 1975, 64th Leg., p. 1293, ch. 485, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 645 (H.B. 738), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.0163. Option of Selection of Extraterritorial Jurisdiction for Certain Districts

Sec. 54.0163.  OPTION OF SELECTION OF EXTRATERRITORIAL JURISDICTION FOR CERTAIN DISTRICTS.  (a)  The board of a district that is located in the extraterritorial jurisdictions of more than one municipality by resolution may select the municipality that may exercise authority within the district as a whole.  The resolution must state the effective date.
(b)  As soon as practicable, the board shall file with each affected municipality and in the real property records of each county in which the district is located a certified copy of the resolution.
(c)  On the effective date of the resolution, the district is contained wholly in the extraterritorial jurisdiction of the municipality selected by the resolution for all purposes.  No action or approval by a municipality not selected is required.
(d)  A board that has made a selection of extraterritorial jurisdiction under Section 54.0162 may confirm the selection by the adoption of a resolution under this section.  If the selection under Section 54.0162 is confirmed under this subsection, the selection is effective from the date of the original selection.
(e)  Repealed by Acts 2003, 78th Leg., ch. 248, Sec. 57.
Added by Acts 1997, 75th Leg., ch. 1188, Sec. 1, eff. June 20, 1997.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 57(1), eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.0165. Addition to District of Land in Extraterritorial Jurisdiction of Municipality

Sec. 54.0165.  ADDITION TO DISTRICT OF LAND IN EXTRATERRITORIAL JURISDICTION OF MUNICIPALITY.  (a)  A district may not add land that is located in the extraterritorial jurisdiction of a municipality unless the governing body of the municipality gives its written consent by ordinance or resolution in accordance with this subsection and Section 54.016.  In giving its consent, the municipality may not place any conditions or other restrictions on the expansion of the political subdivision other than those expressly permitted by Section 54.016(e).
(b)  The procedures under Section 54.016 governing a municipality's refusal to consent to the creation of a district apply to a municipality that refuses to consent to the addition of land to a district under this section.
(c)  An owner of land in the area proposed to be added to the district may not unreasonably refuse to enter into a contract for water or sanitary sewer services with the municipality under Section 54.016(c).
Added by Acts 2007, 80th Leg., R.S., Ch. 703 (H.B. 2091), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.018. Notice and Hearing on District Creation

Sec. 54.018.  NOTICE AND HEARING ON DISTRICT CREATION.  If a petition is filed under Section 54.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under Section 49.011.
Added by Acts 1971, 62nd Leg., p. 777, ch. 84, Sec. 1.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 27, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.020. Hearing

Sec. 54.020.  HEARING.  (a)  If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and accept evidence on the sufficiency of the petition and whether the project is feasible and practicable and is necessary and would be a benefit to all or any part of the land proposed to be included in the district.
(b)  The commission shall have jurisdiction to determine all issues on the sufficiency of the petition and creation of the district.
(c)  The hearing may be adjourned from day to day, and the commission shall have power to make all incidental orders necessary with respect to the matters before it.
Added by Acts 1971, 62nd Leg., p. 778, ch. 84, Sec. 1.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 28, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.021. Granting or Refusing Petition

Sec. 54.021.  GRANTING OR REFUSING PETITION.  (a)  If the commission finds that the petition conforms to the requirements of Section 54.015 and that the project is feasible and practicable and is necessary and would be a benefit to the land to be included in the district, the commission shall so find by its order and grant the petition.
(b)  In determining if the project is feasible and practicable and if it is necessary and would be a benefit to the land included in the district, the commission shall consider:
(1)  the availability of comparable service from other systems, including but not limited to water districts, municipalities, and regional authorities;
(2)  the reasonableness of projected construction costs, tax rates, and water and sewer rates;  and
(3)  whether or not the district and its system and subsequent development within the district will have an unreasonable effect on the following:
(A)  land elevation;
(B)  subsidence;
(C)  groundwater level within the region;
(D)  recharge capability of a groundwater source;
(E)  natural run-off rates and drainage;
(F)  water quality;  and
(G)  total tax assessments on all land located within a district.
(c)  If the commission finds that not all of the land proposed to be included in the district will be benefited by the creation of the district, the commission shall so find and exclude all land which is not benefited from the proposed district and shall redefine the proposed district's boundaries accordingly.
(d)  If the commission finds that the petition does not conform to the requirements of Section 54.015 of this code or that the project is not feasible, practicable, necessary, or a benefit to the land in the district, the commission shall so find by its order and deny the petition.
(e)  A copy of the order of the commission granting or denying a petition shall be mailed to each city having extraterritorial jurisdiction in the county or counties in which the district is located who requested a hearing under Section 49.011.
Added by Acts 1971, 62nd Leg., p. 778, ch. 84, Sec. 1.  Amended by Acts 1975, 64th Leg., p. 1292, ch. 484, Sec. 1, eff. Sept. 1, 1975;  Acts 1997, 75th Leg., ch. 1070, Sec. 29, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.022. Temporary Directors

Sec. 54.022.  TEMPORARY DIRECTORS. (a) If the commission grants the petition, it shall appoint five temporary directors to serve until permanent directors are elected.
(b)  Except as provided by Subsection (c), a majority of temporary directors appointed under Subsection (a) must be residents of:
(1)  the county in which the district is located;
(2)  a county adjacent to the county described by Subdivision (1); or
(3)  if the district is located in a county that is in a metropolitan statistical area designated by the United States Office of Management and Budget or its successor agency, a county in the same metropolitan statistical area as the county in which the district is located.
(c)  The commission may appoint temporary directors who do not meet the requirements of Subsection (b) if the petition or the application accompanying the petition provides that the petitioner made reasonable efforts but failed to identify candidates meeting those requirements who were willing to serve as temporary directors.
Added by Acts 1971, 62nd Leg., p. 778, ch. 84, Sec. 1.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.023. Appeal From the Order of the Commission

Sec. 54.023.  APPEAL FROM THE ORDER OF THE COMMISSION.  Any person who signed the petition, any city, or any person who appeared in person or by attorney or agent and offered testimony for or against the creation of the district, may appeal from the order of the commission granting or refusing the petition within 30 days after the entry of the order.
Added by Acts 1971, 62nd Leg., p. 778, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.024. Supervision by Commission

Sec. 54.024.  SUPERVISION BY COMMISSION.  The rights, powers, privileges, authority, and functions conferred on a district by granting of a petition for creation shall be subject to the continuing right of supervision of the state to be exercised by and through the commission.
Added by Acts 1971, 62nd Leg., p. 778, ch. 84, Sec. 1.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.142, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.328, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.025. Qualification of Temporary Directors

Sec. 54.025.  QUALIFICATION OF TEMPORARY DIRECTORS.  After a district has been organized, each temporary director shall execute a bond in accordance with the provisions of Section 49.055 and shall take the oath of office, and the board shall meet and organize.
Added by Acts 1971, 62nd Leg., p. 778, ch. 84, Sec. 1.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 16, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.030. Conversion of Certain Districts Into Districts Operating Under This Chapter

Sec. 54.030.  CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS OPERATING UNDER THIS CHAPTER.  (a)  Any water improvement district, water control and improvement district, fresh water supply district, levee improvement district, irrigation district, or any other conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, may be converted to a district operating under this chapter.
(b)  The governing body of a district which desires to convert into a district operating under this chapter shall, after providing notice in accordance with Section 54.032, hold a hearing on the question of the conversion of the district into a municipal utility district operating under this chapter and under Article XVI, Section 59, of the Texas Constitution.
(c)  The governing body of the converting district must present a general description of any litigation that is pending against the district at the hearing under Subsection (b).
(d)  After the hearing held under Subsection (b), the governing body of the converting district may adopt and enter in the minutes of the governing body a resolution declaring that in the judgment of the governing body, conversion under this section would serve the best interest of the district and would be a benefit to the land and property included in the district.  The resolution shall also request that the commission approve the conversion of the district.
(e)  A copy of the resolution under Subsection (d) shall be:
(1)  filed with the commission; and
(2)  mailed to each state senator and representative who represents the area in which the district is located.
Added by Acts 1971, 62nd Leg., p. 779, ch. 84, Sec. 1.  Amended by Acts 1983, 68th Leg., p. 368, ch. 81, Sec. 9(e), eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 399, Sec. 3, eff. Sept. 1, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 539 (H.B. 2914), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 5, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 32(5), eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.032. Conversion of District: Notice

Sec. 54.032.  CONVERSION OF DISTRICT:  NOTICE.  (a)  The governing body of a district described by Section 54.030(b) shall give notice of the conversion hearing by publishing notice in a newspaper with general circulation in the district.
(b)  The notice shall be published once a week for two consecutive weeks.
(c)  The notice shall:
(1)  set out the resolution adopted by the district in full; and
(2)  notify all interested persons how they may offer comments for or against the proposal contained in the resolution.
Added by Acts 1971, 62nd Leg., p. 780, ch. 84, Sec. 1.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 539 (H.B. 2914), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 6, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 32(6), eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.033. Conversion of District; Findings

Sec. 54.033.  CONVERSION OF DISTRICT;  FINDINGS.  (a)  After receiving a request for the approval of a conversion under Section 54.030(d), if the commission finds that conversion of the district into one operating under this chapter would serve the best interest of the district and would be a benefit to the land and property included in the district, the commission shall enter an order making this finding and the district shall become a district operating under this chapter and no confirmation election is required.
(b)  If the commission finds that the conversion of the district would not serve the best interest of the district and would not be a benefit to the land and property included in the district, it shall enter an order against conversion of the district into one operating under this chapter.
(c)  The findings of the commission entered under this section shall be subject to appeal or review within 30 days after entry of the order of the commission granting or denying the conversion.
(d)  A copy of the commission order converting a district shall be filed in the deed records of the county or counties in which the district is located.
Added by Acts 1971, 62nd Leg., p. 780, ch. 84, Sec. 1.  Amended by Acts 1981, 67th Leg., p. 981, ch. 367, Sec. 23, eff. June 10, 1981.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 539 (H.B. 2914), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 7, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 32(7), eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.034. Effect of Conversion

Sec. 54.034.  EFFECT OF CONVERSION.  A district which is converted into a district operating under this chapter shall:
(1)  be constituted a municipal utility district operating under and governed by this chapter;
(2)  be a conservation and reclamation district under the provisions of Article XVI, Section 59, of the Texas Constitution;  and
(3)  have and may exercise all the powers, authority, functions, duties, and privileges provided in this chapter in the same manner and to the same extent as if the district had been created under this chapter.
Added by Acts 1971, 62nd Leg., p. 780, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.035. Reservation of Certain Powers for Converted Districts

Sec. 54.035.  RESERVATION OF CERTAIN POWERS FOR CONVERTED DISTRICTS.  (a)  Any district after converting into a municipal utility district may continue to exercise all necessary specific powers under any specific conditions provided by the chapter of this code under which the district was operating before conversion and may retain its original name.
(b)  Any district converted into a municipal utility district shall continue to have the power to issue bonds voted before the conversion but yet unissued and levy and collect maintenance taxes, bond taxes, or other taxes which were voted before the conversion.
(c)  At the time of making the order of conversion, the commission shall specify in the order the specific provisions of this code under which the district had been operating which are to be preserved and made applicable to the operations of the district after conversion into a district operating under this chapter and whether a new name will be assigned to the district or the old name retained.
(d)  A reservation of a former power under Subsection (a) of this section may be made only if this chapter does not make specific provision concerning a matter necessary to the effectual operation of the converted district.
(e)  In all cases in which this chapter does make specific provision, this chapter shall, after conversion, control the operations and procedure of the converted district.
Added by Acts 1971, 62nd Leg., p. 781, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter B. Creation or Expansion of District; Conversion of District › Section 54.036. Directors to Continue Serving

Sec. 54.036.  DIRECTORS TO CONTINUE SERVING.  The existing board of a district converted to a municipal utility district under the provisions of this chapter shall continue to serve as the board of the converted district.
Added by Acts 1971, 62nd Leg., p. 781, ch. 84, Sec. 1.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1983, 68th Leg., p. 1105, ch. 250, Sec. 1, eff. Aug. 29, 1983;  Acts 1983, 68th Leg., p. 5214, ch. 951, Sec. 6, eff. Jan. 1, 1984;  Acts 1995, 74th Leg., ch. 715, Sec. 17, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter C. Administrative Provisions › Section 54.101. Board of Directors

Sec. 54.101.  BOARD OF DIRECTORS.  A district shall be governed by a board of five directors.
Added by Acts 1971, 62nd Leg., p. 781, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter C. Administrative Provisions › Section 54.102. Qualifications for Directors

Sec. 54.102.  QUALIFICATIONS FOR DIRECTORS.  To be qualified to serve as a director, a person shall be at least 18 years old, a resident citizen of the State of Texas, and either own land subject to taxation in the district or be a qualified voter within the district.
Added by Acts 1971, 62nd Leg., p. 781, ch. 84, Sec. 1.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 30, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.201. Powers

Sec. 54.201.  POWERS.  (a)  A district shall have the functions, powers, authority, rights, and duties which will permit accomplishment of the purposes for which it was created.
(b)  A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes of the district authorized by the constitution, this code, or other law, including all works, improvements, facilities, plants, equipment, and appliances incident, helpful, or necessary to:
(1)  supply water for municipal uses, domestic uses, power, and commercial purposes and all other beneficial uses or controls;
(2)  collect, transport, process, dispose of, and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state;
(3)  gather, conduct, divert, and control local storm water or other local harmful excesses of water in a district;
(4)  irrigate the land in a district;
(5)  alter land elevation in a district where it is needed;
(6)  navigate coastal and inland waters of the district;  and
(7)  provide parks and recreational facilities for the inhabitants in the district, subject to the provisions of Chapter 49.
Added by Acts 1971, 62nd Leg., p. 786, ch. 84, Sec. 1.  Amended by Acts 1985, 69th Leg., ch. 100, Sec. 2, eff. Sept. 1, 1985;  Acts 2003, 78th Leg., ch. 248, Sec. 27, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.203. Municipal Solid Waste

Sec. 54.203.  MUNICIPAL SOLID WASTE.  A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, extend, or establish a municipal solid waste collection and disposal system, including recycling, inside and outside the district and make proper charges for it.  A district may require use of such services as a condition for receiving other district services.  A district may enter into an exclusive contract with a private entity to provide such services to all land and persons within its boundaries.
Added by Acts 1971, 62nd Leg., p. 787, ch. 84, Sec. 1.  Amended by Acts 1991, 72nd Leg., ch. 820, Sec. 1, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 715, Sec. 18, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.205. Adopting Rules and Regulations

Sec. 54.205.  ADOPTING RULES AND REGULATIONS.  A district may adopt and enforce reasonable rules and regulations to:
(1)  secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts of its sanitary sewer system;
(2)  preserve the sanitary condition of all water controlled by the district;
(3)  prevent waste or the unauthorized use of water controlled by the district;
(4)  regulate privileges on any land or any easement owned or controlled by the district;  and
(5)  provide and regulate a safe and adequate freshwater distribution system.
Added by Acts 1971, 62nd Leg., p. 787, ch. 84, Sec. 1.  Amended by Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.2051. Service Connections to Certain Dwelling Units

Sec. 54.2051.  SERVICE CONNECTIONS TO CERTAIN DWELLING UNITS.  (a)  If the tenant of an individually metered dwelling unit applies to a district for utility service for that unit, the district may not require that the service be connected in the name of the landlord or owner of the unit.
(b)  This section does not apply to a dwelling unit that is located in a building that:
(1)  contains two or more dwelling units;  and
(2)  is served by a master meter or demand meter.
(c)  In this section, "individually metered dwelling unit" means one or more rooms:
(1)  rented for use as a permanent residence under a single verbal or written rental agreement;  and
(2)  served by a utility meter that belongs to the district and measures service only for that unit.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 8, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.2052. Plumbing Code

Sec. 54.2052.  PLUMBING CODE.  Notwithstanding any other law, a district is not required to adopt a plumbing code.  A district may adopt and enforce one or more plumbing codes meeting the standards and requirements of the rules and laws of this state and may amend any code adopted to conform to local concerns if the amendment does not substantially vary from rules or laws of this state.  If a municipal regulation conflicts with a district regulation, the municipal regulation prevails.
Added by Acts 2003, 78th Leg., ch. 248, Sec. 28, eff. June 18, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.206. Effect of Rules

Sec. 54.206.  EFFECT OF RULES.  After the required publication, rules adopted by the district under Section 54.205 of this code shall be recognized by the courts as if they were penal ordinances of a city.
Added by Acts 1971, 62nd Leg., p. 787, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.207. Publication of Rules

Sec. 54.207.  PUBLICATION OF RULES.  (a)  The board shall publish once a week for two consecutive weeks a substantive statement of the rules and the penalty for their violation in one or more newspapers with general circulation in the area in which the district is located.
(b)  The substantive statement shall be condensed as far as possible to intelligently explain the purpose to be accomplished or the act forbidden by the rules.
(c)  The notice must advise that breach of the rules will subject the violator to a penalty and that the full text of the rules are on file in the principal office of the district where they may be read by any interested person.
(d)  Any number of rules may be included in one notice.
Added by Acts 1971, 62nd Leg., p. 787, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.208. Effective Date of Rules

Sec. 54.208.  EFFECTIVE DATE OF RULES.  The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice.  Five days after the publication, the published rule shall be in effect and ignorance of it is not a defense to a prosecution for the enforcement of the penalty.
Added by Acts 1971, 62nd Leg., p. 788, ch. 84, Sec. 1.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.209. Limitation on Use of Eminent Domain

Sec. 54.209.  LIMITATION ON USE OF EMINENT DOMAIN.  A district may not exercise the power of eminent domain outside the district boundaries to acquire:
(1)  a site for a water treatment plant, water storage facility, wastewater treatment plant, or wastewater disposal plant;
(2)  a site for a park, swimming pool, or other recreational facility, as defined by Section 49.462;
(3)   an exclusive easement through a county regional park; or
(4)  a site or easement for a road project.
Added by Acts 2005, 79th Leg., Ch. 271 (H.B. 1208), Sec. 1, eff. June 9, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 21, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.234. Acquiring Road Powers

Sec. 54.234.  ACQUIRING ROAD POWERS.  (a)  Any district or any petitioner seeking the creation of a district may petition the commission to acquire the power under the authority of Article III, Section 52, Texas Constitution, to design, acquire, construct, finance, issue bonds for, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance, a road or any improvement in aid of the road.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 24, eff. September 1, 2019.
(c)  As soon as practicable after such petition has been filed with the commission, the commission shall issue an order either approving or denying such petition.
(d)  If the commission issues an order approving the petition, the district may undertake a road project if:
(1)  the municipality or county with platting jurisdiction has approved the plans and specifications of the road project; or
(2)  the Texas Transportation Commission has approved the plans and specifications of the road project, if the state is to operate and maintain the road.
(e)  Notwithstanding any other law and except as provided by Subsection (d), a district is not required to obtain approval from the Texas Transportation Commission to acquire, construct, convey, or finance the road project.
Added by Acts 1985, 69th Leg., ch. 951, Sec. 7, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(77), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 248, Sec. 29, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 777 (H.B. 3770), Sec. 1, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 8, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 24, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 28, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.235. Authority to Contract

Sec. 54.235.  AUTHORITY TO CONTRACT.  Any district created by general law or special act of the legislature in existence for at least 10 years which lies within a county that borders on the Gulf of Mexico and that has a population of 190,000 and which has the powers of this chapter and which also has or is authorized to acquire road utility district powers pursuant to Section 54.234, of this code, may contract with the county within which it is located with respect to the ownership, maintenance, and operation of any facilities or improvements which such district is authorized or may be authorized to acquire by purchase, gift, lease, or otherwise, except by condemnation, any and all property or interests in property, whether real, personal, or mixed, tangible or intangible, located inside or outside such county, that are found to be necessary for such improvements or facilities.  Such county may enter into contracts with such districts as permitted by this section for any term of years not exceeding 40 for the management and operation of any or all of such property and interests in property on such terms as the commissioners court of such county deems appropriate.
Added by Acts 1985, 69th Leg., ch. 951, Sec. 8(a), eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.236. Street or Security Lighting

Sec. 54.236.  STREET OR SECURITY LIGHTING.  (a)  Subject to the provisions of this section, a district may purchase, install, operate, and maintain street lighting or security lighting within public utility easements or public rights-of-way or property owned by the district.
(b)  A district may not issue bonds supported by ad valorem taxes to pay for the purchase, installation, and maintenance of street or security lighting, except as authorized by Section 54.234 or Subchapter N, Chapter 49.
Added by Acts 1991, 72nd Leg., ch. 820, Sec. 2, eff. Aug. 26, 1991.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 30, eff. June 17, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 29, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.237. Enforcement of Real Property Restrictions

Sec. 54.237.  ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.  (a)  As used in this section, "restriction" means a limitation on the use of real property that is established or incorporated in properly recorded covenants, property restrictions, plats, plans, deeds, or other instruments affecting real property in a district and that has not been abandoned, waived, or properly rescinded.
(b)  A district may take all actions necessary to enforce a restriction, including the initiation, defense, or intervention in litigation or an administrative proceeding to enjoin or abate the violation of a restriction when, in the reasonable judgment of the board of directors of the district, enforcement of the restriction is necessary to sustain taxable property values in the district.
(c)  In addition to damages which a district is entitled to recover, a district shall be entitled to recover its costs and reasonable attorney's fees when a district is the prevailing party in litigation or an administrative proceeding to enforce a restriction.
Added by Acts 1991, 72nd Leg., ch. 820, Sec. 3, eff. Aug. 26, 1991.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.238. Definitions

Sec. 54.238.  DEFINITIONS.  In this subchapter:
(1)  "Developer" means a person who owns a tract of land within a district and who has divided or proposes to divide the tract into two or more parts to lay out a subdivision of the tract, including an addition to a municipality, or to lay out suburban, building, or other lots, and to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.
(2)  "Facilities" means improvements constructed by a developer for a district.
Added by Acts 1993, 73rd Leg., ch. 1036, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.239. Appeal to the Commission of Decision of Board Regarding Facilities

Sec. 54.239.  APPEAL TO THE COMMISSION OF DECISION OF BOARD REGARDING FACILITIES.  A person aggrieved by a decision of a board involving the cost, purchase, or use of facilities may appeal the decision to the commission by filing a petition with the commission seeking appropriate relief within 30 days after the date of the decision.  The commission may require a petitioner to include with a petition under this subchapter a deposit in an amount estimated to be sufficient to pay the costs of notice under V.T.C.A., Water Code Sec. 54.240 and to hold the hearing on the dispute.
Added by Acts 1993, 73rd Leg., ch. 1036, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.240. Notice

Sec. 54.240.  NOTICE.  The commission shall give notice of the petition to persons who the commission determines may be affected by the petition, including:
(1)  the board;
(2)  the owners of land within the district;  and
(3)  the ratepayers of the district who are served by the facilities that are the subject of the petition.
Added by Acts 1993, 73rd Leg., ch. 1036, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.241. Action on the Petition

Sec. 54.241.  ACTION ON THE PETITION.  (a)  After notice and hearing, the commission shall render a written decision granting or denying the petition, in whole or in part.
(b)  In rendering its decision, the commission shall consider:
(1)  the suitability of and necessity for the facilities;
(2)  the reasonableness of the cost of the facilities;
(3)  the economic viability of the district;  and
(4)  any other relevant evidence.
Added by Acts 1993, 73rd Leg., ch. 1036, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 54 - Municipal Utility Districts › Subchapter D. Powers and Duties › Section 54.242. Street Repair or Maintenance

Sec. 54.242.  STREET REPAIR OR MAINTENANCE.  A district created by general law or special act of the legislature in existence for at least 10 years may repair or maintain a street within the district as provided by Section 54.522.
Added by Acts 1997, 75th Leg., ch. 520, Sec. 1, eff. Sept. 1, 1997.