reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.302. Contracts With Person Using Irrigation Water

Sec. 58.302.  CONTRACTS WITH PERSON USING IRRIGATION WATER.  (a)  The board may require each person who desires to use irrigation water during the year to enter into a contract with the district which states the acreage to be irrigated, the crops to be planted, the amount to be paid for the water, and the terms of payment.
(b)  If a person irrigates more acreage than the person's contract specifies, the person shall pay for the additional service.
(c)  The directors also may require a person using irrigation water to execute a negotiable note or notes for all or part of the amount owed under the contract.
(d)  The contract is not a waiver of the lien given to the district under Section 58.309 against the crops of a person using irrigation water for the service furnished to the person.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 28, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.303. Authority to Determine Rules and Regulations

Sec. 58.303.  AUTHORITY TO DETERMINE RULES AND REGULATIONS.  The board may adopt, alter, and rescind rules, and standing and temporary orders which do not conflict with the provisions of this subchapter and which govern:
(1)  methods, terms, and conditions of water service;
(2)  applications for water;
(3)  assessments, charges, fees, rentals, or deposits for maintenance and operation;
(4)  payment and the enforcement of payment of the assessments, charges, fees, rentals, or deposits;
(5)  furnishing irrigation water to persons who did not apply for it before the date of assessment if required; and
(6)  furnishing water to persons who wish to take water for irrigation in excess of their original applications or for use on land not covered by their original applications if required.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 29, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.304. Board's Estimate of Maintenance and Operating Expenses

Sec. 58.304.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING EXPENSES.  The board, on or as soon as practicable after a date fixed by standing order of the board, shall estimate the expenses of maintaining and operating the district's water delivery system for the next 12 months.  The board may change the 12-month period for which it estimates the expenses of maintaining and operating the water delivery system by estimating such expenses for a shorter period so as to adjust to a new fixed date and thereafter estimating the expenses for 12-month periods following the adjusted fixed date.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 30, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.305. Distribution of Assessment

Sec. 58.305.  DISTRIBUTION OF ASSESSMENT.  (a)  The board by order shall allocate a portion of the estimated maintenance and operating expenses that shall be paid by assessment against all land in the district to which the district can furnish irrigation water through its water delivery system or through an extension of its water delivery system.  This assessment shall be levied against all irrigable land in the district on a per acre basis, whether or not the land is actually irrigated.
(b)   The board shall determine from year to year the proportionate amount of the expenses which will be borne by all water users receiving water delivery from the district.
(c)  The remainder of the estimated expenses shall be paid by charges, fees, rentals, or deposits required of persons in the district who use or who make application to use water and other charges approved by the board.  The board shall prorate the remainder among the applicants for irrigation water and may consider:
(1)  the acreage each applicant will plant, the crop the applicant will grow, and the amount of water per acre used for irrigation purposes; and
(2)  other factors deemed appropriate by the board with respect to water used for other nonirrigation uses.
(d)  A landowner of irrigable land in the district or a user of water delivered by the district for any purpose other than irrigation who disputes all or a part of a board order that determines the amount of an assessment, charge, fee, rental, or deposit may file a petition under Section 11.041.  That petition filed with the commission is the sole remedy available to a landowner or user of water described by this subsection.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 31, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.306. Notice of Assessments

Sec. 58.306.  NOTICE OF ASSESSMENTS.  (a)  Public notice of all assessments imposed under Section 58.305(a) shall be given by posting printed notice of the assessment in at least one public place in the district.
(b)  Not later than the fifth day before the date on which the assessment is due, notice shall be mailed to each landowner at the address which the landowner shall furnish to the board.
(c)  Notice of special assessments shall be given within 10 days after the assessment is levied.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 32, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.307. Payment of Assessments

Sec. 58.307.  PAYMENT OF ASSESSMENTS.  (a)  All assessments imposed under Section 58.305(a) shall be paid in installments at the times fixed by the board.
(b)  If a crop for which water was furnished by the district is harvested before the due date of any installment payment, the entire unpaid assessment becomes due at once and shall be paid within 10 days after the crop is harvested and before the crop is removed from the county or counties in which it was grown.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 33, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.308. Collection of Assessments by Tax Assessor and Collector

Sec. 58.308.  COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND COLLECTOR.  (a)  Under the direction of the board, the assessor and collector, or other person designated by the board, shall collect all assessments imposed under Section 58.305(a) for maintenance and operating expenses.
(b)  The assessor and collector shall execute a bond in an amount determined by the board, conditioned on the faithful performance of the duties of the assessor and collector and accounting for all money collected.
(c)  The assessor and collector shall keep an account of all money collected and shall deposit the money as collected in the district depository.  The assessor and collector shall file with the secretary of the board a statement of all money collected once each month.
(d)  The assessor and collector shall use a duplicate receipt book, give a receipt for each collection made, and retain in the book a copy of each receipt, which shall be kept as a record of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 34, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.309. Lien Against Crops

Sec. 58.309.  LIEN AGAINST CROPS.  (a)  The district shall have a first lien, superior to all other liens, against all crops grown on a tract of land in the district to secure the payment of an assessment imposed against the tract under Section 58.305(a), interest, and collection or attorney's fees.
(b)  If the crops against which the district has a lien under this section are cultivated on a basis other than annual replanting, the owner of the crops shall record with the county clerk of the county where the land on which the crops are cultivated is located a legally sufficient description of the land, including a metes and bounds description or a plat reference.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 35, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.310. List of Delinquent Assessments

Sec. 58.310.  LIST OF DELINQUENT ASSESSMENTS.  Assessments imposed under Section 58.305(a) not paid when due shall become delinquent on the first day of the month following the date payment is due, and the board shall keep posted in a public place in the district a correct list of all persons who are delinquent in paying assessments.  If a person who owes an assessment has executed a note and contract as provided in Section 58.302, the person may not be placed on the delinquent list until after the maturity of the note and contract.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 36, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.311. Water Service Discontinued

Sec. 58.311.  WATER SERVICE DISCONTINUED.  (a)  If a landowner fails or refuses to pay a water assessment or a person fails to pay a charge, fee, rental, or deposit imposed under this chapter or Chapter 49 when due, the landowner's or person's water supply shall be cut off, and no water may be furnished to the land until all back assessments or other amounts owed to the district are fully paid.  The discontinuance of water service is binding on all persons who own or acquire an interest in land for which assessments or other amounts owed to the district are due.
(b)  A landowner or person whose water service has been discontinued under Subsection (a) may request that the board reconsider the discontinuance related to a charge, fee, rental, deposit, or penalty, and may not request that the board reconsider a discontinuance related to an assessment.  If the board declines to reconsider the discontinuance, the landowner or person may file a petition under Section 11.041.  That petition filed with the commission is the sole remedy available to a landowner or person described by this subsection.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 37, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.312. Suits for Delinquent Assessments

Sec. 58.312.  SUITS FOR DELINQUENT ASSESSMENTS.  Suits for delinquent water assessments or other amounts owed to the district under this subchapter may be brought either in the county in which the district is located or in the county in which the defendant resides.  All landowners are personally liable for assessments imposed under Section 58.305(a).
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 38, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.313. Interest and Collection Fees

Sec. 58.313.  INTEREST AND COLLECTION FEES.  (a)  All assessments imposed under Section 58.305(a) shall bear interest from the date payment is due at the rate of 15 percent a year.  Assessments not paid by the first day of the month following the date payment is due are delinquent, and a penalty of up to 15 percent of the amount of the past-due assessment shall be added to the amount due.
(b)  If suit is filed to foreclose a lien on crops or if a delinquent assessment is collected by an attorney before or after suit, an additional amount of 15 percent on the unpaid assessment, penalty, and interest shall be added as collection or attorney's fees.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1997, 75th Leg., ch. 789, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 39, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.314. Rights of the United States

Sec. 58.314.  RIGHTS OF THE UNITED STATES.  (a)  If the board enters into a contract with the United States, the remedies in this subchapter available to the district also shall apply to enforce payment of charges due to the United States.  The federal reclamation laws shall also apply.
(b)  The directors shall distribute and apportion all water acquired by the district under a contract with the United States in accordance with acts of Congress, rules and regulations of the Secretary of the Interior, and provisions of the contract.
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 G. Water Charges and Assessments › Section 58.315. Surplus Assessments

Sec. 58.315.  SURPLUS ASSESSMENTS.  If assessments made under this subchapter are more than sufficient to pay the necessary expenses of the district, the balance shall be carried over to the next 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 G. Water Charges and Assessments › Section 58.316. Insufficient Assessments

Sec. 58.316.  INSUFFICIENT ASSESSMENTS.  If the assessments made under this subchapter are not sufficient to pay the necessary expenses of the district, the unpaid balance shall be assessed pro rata, in accordance with the assessments made for the current year.  The additional assessments shall be paid under the same conditions and penalties within 30 days after the date of assessment.
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 G. Water Charges and Assessments › Section 58.318. Charges for Maintenance Expenses

Sec. 58.318.  CHARGES FOR MAINTENANCE EXPENSES.  (a)  If maintenance charges are based on the quantity of water used, a fixed minimum charge may be made on all land, water connections, or other service entitled to receive and use water.  An additional charge may be made for the use of more water than that covered by the minimum charge.
(b)  The board may install proper measuring devices or require that they be installed.
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 G. Water Charges and Assessments › Section 58.319. Charge to Cities and Towns

Sec. 58.319.  CHARGE TO CITIES AND TOWNS.  If a district supplies untreated water, the charge for the use of the water and the time and manner of payment shall be determined by the board or fixed by the contract made with 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 G. Water Charges and Assessments › Section 58.320. Loans for Maintenance and Operating Expenses

Sec. 58.320.  LOANS FOR MAINTENANCE AND OPERATING EXPENSES.  The board may borrow money to pay maintenance and operating expenses at an interest rate of not more than 10 percent a year and may pledge as security any of its notes or contracts with water users or accounts against 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 G. Water Charges and Assessments › Section 58.321. Water Service: Refused

Sec. 58.321.  WATER SERVICE:  REFUSED.  The board may refuse water service to any person who refuses to pay the charges and assessments for water service or who fails or refuses to pay any taxes levied against his property after six months from the date the taxes become delinquent.
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 H. General Fiscal Provisions › Section 58.351. Construction Fund

Sec. 58.351.  CONSTRUCTION FUND.  (a)  The proceeds from the sale of bonds shall be deposited in the construction fund.
(b)  Money deposited in the construction fund shall be used to pay expenses, debts, and obligations necessarily incurred in the creation, establishment, and maintenance of the district and to pay the purchase price of property and construction contracts, including purchases for which the bonds were issued.
(c)  If the bonds were issued in accordance with a contract with the United States, debts and obligations may be paid from the construction fund under the terms of or incident to the contract.
(d)  After the payment of obligations for which the bonds were issued, any remaining money in the construction fund may be transferred to the maintenance fund.
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 H. General Fiscal Provisions › Section 58.352. Maintenance Fund

Sec. 58.352.  MAINTENANCE FUND.  (a)  The district shall have a maintenance fund which shall include money collected by assessment or other method for the maintenance, repair, and operation of the properties and plant of the district or for temporary annual rental due to the United States.
(b)  The maintenance fund shall be used to pay all expenses of maintenance, repair, and operation of the district except the expenses of assessing and collecting taxes for the interest and sinking fund shall be paid from the interest and sinking fund.
(c)  The district may pay from the maintenance fund other expenses for which the payment is not provided in 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 H. General Fiscal Provisions › Section 58.353. Amortization and Emergency Fund

Sec. 58.353.  AMORTIZATION AND EMERGENCY FUND.  (a)  The board shall have a competent engineer make an inspection and valuation of the physical property of the district which is subject to decay, obsolescence, injury, or damage by sudden, accidental, or unusual causes, and based on the inspection and valuation, the engineer shall determine as nearly as he can a sufficient amount to be set aside annually to pay for replacement of each item of physical property at the end of its economic life or for the restoration or replacement of any item of physical property if it is lost, injured, or damaged.
(b)  The board shall set aside a portion of the maintenance fund as it is collected equal to the amount determined under Subsection (a) of this section and shall place this money in the amortization and emergency fund.  No part of this fund may be spent except to replace amortized property or to replace or restore lost, injured, or damaged property.
(c)  Any amount in the amortization and emergency fund which is not spent for the purposes for which the fund was created may be invested in bonds or interest-bearing securities of the United States.
(d)  The board is not required to create an amortization and emergency fund, but if the board does create the fund, it shall be kept up and maintained.
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 I. Borrowing Money › Section 58.391. Authority to Borrow Money

Sec. 58.391.  AUTHORITY TO BORROW MONEY.  The board may declare that funds are not available to meet lawfully authorized obligations of the district, thereby creating an existing emergency, and may borrow money at a rate of not more than 10 percent a year on notes of the district to pay 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 I. Borrowing Money › Section 58.392. Security for Loan

Sec. 58.392.  SECURITY FOR LOAN.  To secure the loan, the board may pledge up to 85 percent of any levied tax of the district which has not been collected by the district or may pledge as collateral any district bonds which have been authorized but not sold.
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 I. Borrowing Money › Section 58.393. Maturity Date of Loan

Sec. 58.393.  MATURITY DATE OF LOAN.  (a)  If taxes are pledged to pay for the loan, the loan shall mature not later than the following April 1.
(b)  If preliminary or construction bonds are pledged to pay the loan, the loan shall mature not later than six months from the date it is made.
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 I. Borrowing Money › Section 58.394. Loan Secured by Bonds

Sec. 58.394.  LOAN SECURED BY BONDS.  The amount of the loan may not be more than 25 percent of the district's unsold bonds and the par value of the bonds may not be more than 10 percent of the amount of the loan.
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 I. Borrowing Money › Section 58.395. Expenditure of Loan Proceeds

Sec. 58.395.  EXPENDITURE OF LOAN PROCEEDS.  No money obtained from a loan under Section 58.391 of this code may be spent for any purpose other than the purposes for which the pledged tax was levied or the pledged bonds were authorized.
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 I. Borrowing Money › Section 58.396. Loans Accomplished by Sale of District Bonds

Sec. 58.396.  LOANS ACCOMPLISHED BY SALE OF DISTRICT BONDS.  If the loan is secured by the sale of district bonds, the district may enter into an obligation to be conditioned conformably with the usages of investment banking to repurchase the bonds within the five-year period immediately following the date of the loan.
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 I. Borrowing Money › Section 58.397. Pledge of Commercial Income

Sec. 58.397.  PLEDGE OF COMMERCIAL INCOME.  (a)  The term "commercial income" means income other than revenue derived from taxation.
(b)  If required to do so, a district may pledge its existing and expected commercial income to secure a loan to the extent the pledge will not obviously substantively impair the ability of the district to pay obligations which are held by others.
(c)  If a district expects commercial income in the future but does not have the demonstrated income in an amount adequate to discharge the loan when it matures, the district may pledge the expected commercial income as provided in Subsection (b) of this section and in addition, or as an alternative, may pledge with a power of sale its unsold bonds in a par amount which shall not be more than the amount of the loan plus 10 percent.  The district is not required to impound the bonds.  The rate of interest on the loan may not be more than six percent.
(d)  After commercial income is pledged, it may not be used for any purpose except to pay the debt which it secures, and it shall be applied to the reduction of the secured debt as rapidly as practicable.
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 I. Borrowing Money › Section 58.398. Evidence of Debt

Sec. 58.398.  EVIDENCE OF DEBT.  To evidence loans which are not secured by the sale of bonds, the district may execute and deliver to the lender certificates of indebtedness, notes, or obligations and may pledge its full faith and credit for their payment to the same extent that it may be pledged by district 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 I. Borrowing Money › Section 58.399. Retiring Bonds

Sec. 58.399.  RETIRING BONDS.  If bonds are impounded or pledged to secure a loan made to a district, as the loan is repaid a proportionate amount of the bonds may be withdrawn, cancelled, and retired.
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 58.431. Authority to Issue Bonds of Districts Operating Under Article Iii, Section 52, of the Texas Constitution

Sec. 58.431.  AUTHORITY TO ISSUE BONDS OF DISTRICTS OPERATING UNDER ARTICLE III, SECTION 52, OF THE TEXAS CONSTITUTION.  A district which is operating under Article III, Section 52, of the Texas Constitution, may issue bonds and lend its credit in an amount of not more than one-fourth of the assessed valuation of the real property in the district.  However, the total indebtedness of any city or town may never be more than the limits imposed by the Texas Constitution.
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 58.432. Authority to Issue Bonds of Districts Operating Under Article Xvi, Section 59, of the Texas Constitution

Sec. 58.432.  AUTHORITY TO ISSUE BONDS OF DISTRICTS OPERATING UNDER ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION.  A district operating under Article XVI, Section 59, of the Texas Constitution, may incur debt evidenced by the issuance of bonds which is necessary to provide improvements and maintenance of improvements to achieve the purposes for which the district was created.
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 58.433. Amount of Debt Limited by Constitution

Sec. 58.433.  AMOUNT OF DEBT LIMITED BY CONSTITUTION.  No district may issue bonds or create indebtedness in an amount which is more than that authorized by the Texas Constitution.
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 58.434. Issuance of Preliminary Bonds

Sec. 58.434.  ISSUANCE OF PRELIMINARY BONDS.  A district may issue preliminary bonds to create a fund to pay:
(1)  costs of organization;
(2)  costs of making surveys and investigations;
(3)  attorney's fees;
(4)  costs of engineering work;
(5)  costs of the issuance of bonds;  and
(6)  other costs and expenses incident to organization of the district and its operation in investigating and determining plans for its plant and improvements and in issuing and selling bonds to provide for permanent improvements.
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 58.435. Election on Preliminary Bonds

Sec. 58.435.  ELECTION ON PRELIMINARY BONDS.  (a)  The proposition for the issuance of preliminary bonds shall be submitted to the electors of the district.
(b)  The election may be held at the same time as the election to confirm the creation of the district or at a later time.
(c)  The board shall make an estimate of the expenses to be paid with the proceeds of the preliminary bonds and shall include this estimate in the notice of 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 58.436. Conditions of Preliminary Bonds

Sec. 58.436.  CONDITIONS OF PRELIMINARY BONDS.  (a)  After preliminary bonds have been authorized at an election, the board may order the issuance of the bonds in an amount which is not more than the amount stated in the notice of election.
(b)  The bonds may be paid serially or on amortization at any time not more than 10 years from their date.
(c)  Although the bonds will be known and designated in the records as preliminary bonds, it is not necessary to make this designation on 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 58.437. Tax to Pay Preliminary Bonds

Sec. 58.437.  TAX TO PAY PRELIMINARY BONDS.  At the time preliminary bonds are issued, a tax shall be levied to pay principal and interest as the bonds mature and to pay the cost of assessing and collecting the taxes.
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 58.438. Issuance of Bonds

Sec. 58.438.  ISSUANCE OF BONDS.  (a)  After a district is created and has adopted plans for construction of a plant and improvements, it may issue bonds to pay for constructing the plant and improvements and to pay costs and charges incident to the construction including the cost of necessary property and the retirement of preliminary bonds.
(b)  The maximum amount of bonds which may be issued may not be more than the amount of the engineer's estimate plus the additional amounts added by the board in the election order.
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 58.439. Purposes for Issuance of Bonds

Sec. 58.439.  PURPOSES FOR ISSUANCE OF BONDS.  The district may issue bonds to include:
(1)  the cost of organization of the district;
(2)  incidental expenses;
(3)  the cost of investigation and making plans;
(4)  the engineer's work and other incidental expenses;
(5)  the cost of retirement of preliminary bonds;
(6)  the cost of issuing and selling bonds;
(7)  the estimated discount on the bonds;
(8)  the cost of operation of a district for the period of construction of the plant and improvements stated in the engineer's report;
(9)  an amount to pay interest on the bonds during the period stated in the engineer's report, which shall not be more than three years from the time the bonds are sold;  and
(10)  any additional cost or expense made necessary by any change or modification made in the proposed work by 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 58.440. Engineer's Report

Sec. 58.440.  ENGINEER'S REPORT.  (a)  Before an election is held to authorize the issuance of bonds, an engineer's report, which includes the plans and improvements to be constructed together with maps, plats, profiles, and data showing and explaining the engineer's report, shall be filed in the office of the district and shall be available for public inspection.
(b)  The engineer's report shall contain a detailed estimate of the cost of improvements, including the cost of any property to be purchased, and an estimate of the time required to complete the improvements to the degree to which they may provide service.
(c)  The board shall consider the engineer's report and may make changes in the report and note them in the minutes.
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 58.441. Election Order

Sec. 58.441.  ELECTION ORDER.  (a)  After the engineer's report is filed and approved, the board may order an election in the district to authorize the issuance of bonds.
(b)  In the order, the board shall estimate the total amount of money needed to cover the items listed in Section 58.439 of this code.
(c)  The election order shall state:
(1)  the proposed maximum interest rate on the bonds;
(2)  the maximum maturity date of the bonds;
(3)  the time and places for holding the election;  and
(4)  the names of the election officers.
(d)  The election order shall be entered in the minutes of 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 58.443. Ballots

Sec. 58.443.  BALLOTS.  (a)  The proposition to be voted on shall be the issuance of the total amount of bonds covered by the engineer's estimate plus additional estimates made by the board.
(b)  The ballots shall be printed to provide for voting for or against:  "The issuance of bonds and the levy of taxes to pay for the bonds."
(c)  If a contract is proposed with the United States under the federal reclamation laws, the ballots shall be printed to provide for voting for or against:  "The contract with the United States and the levy of a tax to pay the contract."
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 58.444. Vote at Election

Sec. 58.444.  VOTE AT ELECTION.  (a)  Bonds of a district operating under the provisions of Article III, Section 52, of the Texas Constitution, may be issued only with the approval of two-thirds of the electors of the district participating in the election.
(b)  In a district organized under the provisions of Article XVI, Section 59, of the Texas Constitution, bonds may be issued or indebtedness created only with the approval of a majority of the electors of the district participating in the 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 58.445. Order to Issue Bonds or Execute Contract

Sec. 58.445.  ORDER TO ISSUE BONDS OR EXECUTE CONTRACT.  After the vote is canvassed and the results are declared to be favorable to the proposition, the board shall make and enter an order directing the issuance of the bonds or the execution of a contract with the United States.  The bonds or contract shall be in a sufficient amount to pay for the improvements together with all necessary incidental expenses, but the amount may not be more than the amount specified in the election order and notice of 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 58.446. Record of Bond Proceedings Submitted to Attorney General

Sec. 58.446.  RECORD OF BOND PROCEEDINGS SUBMITTED TO ATTORNEY GENERAL.  (a)  After a district issues bonds other than preliminary bonds, but before they are sold, the record showing all the proceedings in the creation of the district and the issuance of the bonds shall be filed in the office of the attorney general.
(b)  The attorney general shall examine the record and give his opinion on it.
(c)  The record may be presented to the attorney general before the bonds are printed, and the bonds may be executed after the record is completed.
(d)  After the record is approved, the bonds shall be issued or duly executed.
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 58.447. Approval and Registration of Bonds

Sec. 58.447.  APPROVAL AND REGISTRATION OF BONDS.  (a)  After the bonds are issued and executed, they shall be submitted to the attorney general for approval.
(b)  If the attorney general finds that the bonds are issued according to law and are valid, binding obligations of the district, he shall officially certify the bonds and execute a certificate, which shall be filed with the comptroller and recorded in the book kept for that purpose.
(c)  The bonds may not be registered with the comptroller until 20 days after the day of the election authorizing the issuance of 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 58.448. Validity of Bonds

Sec. 58.448.  VALIDITY OF BONDS.  After the bonds are approved by the attorney general and registered by the comptroller, they shall be held to be valid, binding obligations of the district in any suit testing their validity.  Any person interested in the bonds may file a suit before the bonds are registered to test the validity, but may not bring suit to test validity after the 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 58.449. Conditions of Bonds

Sec. 58.449.  CONDITIONS OF BONDS.  (a)  The bonds may be issued to mature at the end of a term of years or to mature serially at any date which is not later than the maximum maturity date stated in the election order.
(b)  The bonds may be issued at any rate of interest which is not more than the rate of interest set in the election order.
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 58.450. Form of Bonds

Sec. 58.450.  FORM OF BONDS.  (a)  The bonds shall be issued in the name of the district and shall be signed by the president and attested by the secretary, with the seal of the district attached.
(b)  The bonds shall be issued in denominations of $100 or multiples of $100 and shall be payable annually or semiannually.
(c)  The board shall determine and include in the bonds the time, place, manner, and condition of payment of principal and interest on the bonds, but none of the bonds may be made payable more than 40 years from their date.
(d)  The lien for payments due to the United States under a contract that was not accompanied by a deposit of bonds with the United States shall be a preferred lien to that of any issue of bonds of any series or any issue of bonds subsequent to the date of the contract.
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 58.453. Validation Suit

Sec. 58.453.  VALIDATION SUIT.  (a)  A district may file a suit to determine the validity of the creation of the district and the bonds.
(b)  If requested by the Secretary of the Interior, the district shall file a suit to validate a contract made with the United States.
(c)  If a validation suit is filed, the bonds do not have to be approved by the attorney general.
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 58.454. Effect of Prior Registration

Sec. 58.454.  EFFECT OF PRIOR REGISTRATION.  If bonds are approved by the attorney general and registered by the comptroller before a validation suit is filed, the filing of the suit cancels the prior registration.
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 58.455. Procedure in Validation Suit

Sec. 58.455.  PROCEDURE IN VALIDATION SUIT.  (a)  A validation suit shall be brought by the district in the district court of any county in which all or part of the district is located or in a district court in Travis County.
(b)  The suit shall be in the nature of a proceeding in rem.
(c)  Any person who is interested in the suit may intervene and file an answer.
(d)  The issue shall be tried and determined by the court and judgment shall be entered on the findings.
(e)  Repealed by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(53), eff. Aug. 31, 1981.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(53), eff. Aug. 31, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter J. Issuance of Bonds › Section 58.456. Notice of Validation Suit

Sec. 58.456.  NOTICE OF VALIDATION SUIT.  (a)  To obtain jurisdiction of all parties to the validation suit, a general notice shall be published.
(b)  The notice shall be published once a week for at least two consecutive weeks before the term of the court at which the notice is to be returned.  The notice shall be published in a newspaper with general circulation in the county or counties in which the district is located, but if no newspaper is published inside the district, the notice shall be published in a newspaper in the nearest county in which a paper is published.
(c)  Notice also shall be served on the attorney general in the manner provided in civil suits.
(d)  The attorney general may waive notice if he is furnished a full transcript of the proceedings held in connection with the creation of the district and the issuance of the bonds or held in connection with the authorization of a contract with the United States.  A copy of the contract with the United States also must be furnished.
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 58.457. Duties of Attorney General in Validation Suit

Sec. 58.457.  DUTIES OF ATTORNEY GENERAL IN VALIDATION SUIT.  (a)  The attorney general shall examine all the proceedings and shall require any further evidence and make any further examination which he considers advisable.
(b)  The attorney general then shall file an answer to the suit, submitting the issue of whether the proceedings are valid and the bonds are legal and binding obligations of the district, or whether the contract with the United States is legal and binding on 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 58.458. Judgment in Validation Suit

Sec. 58.458.  JUDGMENT IN VALIDATION SUIT.  (a)  After the trial of the validation suit, if the judgment of the court is adverse to the district on any issue, the district may make an exception and point out the error, and the error may be corrected by the judge in the manner directed by the court.
(b)  The judgment shall be rendered showing that the corrections have been made and that the bonds or the contract with the United States are binding obligations of the district.
(c)  After the judgment is entered, it is res judicata in all cases which may arise in connection with:
(1)  the collection of the bonds or their interests;
(2)  any taxes levied to pay charges or any money required to pay a contract with the United States;  and
(3)  all matters relating to the organization and validity of the district or the validity of the bonds or contract.
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 58.459. Effect of Validation Suit

Sec. 58.459.  EFFECT OF VALIDATION SUIT.  (a)  After a final judgment is rendered in the validation suit, the bonds or the contract with the United States shall be incontestable.
(b)  No suit may be brought in any court of this state to contest or enjoin the validity of the creation of the district, any bonds which are issued, any contract with the United States, or the authorization of a contract with the United States, except in the name of the State of Texas by the attorney general on his own motion or on the motion of any party affected on good cause shown.
(c)  The attorney general may not file or prosecute such a suit unless it is based on allegations of fraud disclosed or found after the final judgment in the validation suit was rendered.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.