reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.104. Compensation of Assessor and Collector and Deputy

Sec. 63.104.  COMPENSATION OF ASSESSOR AND COLLECTOR AND DEPUTY.  The commission shall fix the compensation to be paid to the tax assessor and collector or any deputy.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.1045. Executive Director

Sec. 63.1045.  EXECUTIVE DIRECTOR.  (a)  The district may employ an executive director of the district.  If the district employs an executive director, the district must prescribe the duties and compensation of the executive director.
(b)  The duties of an executive director may be performed by a general manager, port director, or chief executive officer.
Added by Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 10, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.105. Engineer

Sec. 63.105.  ENGINEER.  The district may employ a competent engineer whose term of office and compensation shall be determined by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 11, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.106. Legal Counsel

Sec. 63.106.  LEGAL COUNSEL.  The commission may employ an attorney to represent the district in preparation of any contract, to conduct any proceeding in or out of court, to be the legal advisor of the commission, and to perform any other function considered necessary.  The attorney shall be retained on the terms and for the fees which the commission determines and on which the parties agree.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.107. District Employees

Sec. 63.107.  DISTRICT EMPLOYEES.  (a)  The district:
(1)  may employ assistant engineers and other persons as it considers necessary for the construction, maintenance, operation, and development of the district and its business and facilities; and
(2)  shall determine their term of office and duties and fix their compensation.
(b)  All employees may be removed by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 12, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.108. Bonds of Officers and Employees

Sec. 63.108.  BONDS OF OFFICERS AND EMPLOYEES.  (a)  Each officer and employee charged with the handling of funds or property of the district shall furnish a good and sufficient bond for a sum sufficient to safeguard the district as determined by the commission.  The bond shall be payable to the district and conditioned on the faithful performance of his duties and his accounting of all funds and property of the district coming into his hands.
(b)  The bonds of other officers of the district shall be approved by the commission and shall be filed for record in the office of the district.  The bonds shall be recorded in a book kept for that purpose in the office of the district, and the book shall be open to the inspection of the public during the office hours of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.109. Payment of Compensation and Expenses

Sec. 63.109.  PAYMENT OF COMPENSATION AND EXPENSES.  The district may draw warrants, issue checks, or use a payment method adopted under Section 60.271 to pay for:
(1)  services;
(2)  the compensation of employees; and
(3)  all expenses incident and relating to the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 13, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.110. District Office

Sec. 63.110.  DISTRICT OFFICE.  A regular office shall be maintained for the conduct of the business of the district at a place in the district designated by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter C. Administrative Provisions › Section 63.112. Court Actions

Sec. 63.112.  COURT ACTIONS.  (a)  A district established under this chapter may sue and be sued, by and through its commission, in any court in this state in the name of the district.
(b)  The courts of this state shall take judicial notice of the establishment of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.151. Authority of District

Sec. 63.151.  AUTHORITY OF DISTRICT.  All districts created under this chapter are essential to the accomplishment of the provisions of Article XVI, Section 59, of the Texas Constitution, and are governmental agencies and bodies politic and corporate, with the powers of government and authority to exercise the rights, privileges, and functions conferred in this chapter and by the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.152. Purposes of District

Sec. 63.152.  PURPOSES OF DISTRICT.  The district may make improvements for:
(1)  the navigation of inland and coastal water;
(2)  the preservation and conservation of inland and coastal water for navigation;
(3)  the control and distribution of storm water and floodwater of rivers and streams in aid of navigation;  or
(4)  any purpose stated in Article XVI, Section 59, of the Texas Constitution, necessary or incidental to the navigation of inland and coastal water.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.153. General Authority of District

Sec. 63.153.  GENERAL AUTHORITY OF DISTRICT.  A district may:
(1)  exercise all the rights, powers, and authority granted by this chapter and by the general and special laws relating to navigation districts;
(2)  exercise all powers relating to regulation of wharfage and facilities connected with waterways and ports inside the district to the fullest extent consistent with the Texas Constitution;
(3)  acquire, purchase, own, construct, enlarge, extend, repair, maintain, operate, develop, and regulate land, waterways, improvements, facilities, or aids incident to or necessary in the proper operation and development of ports and waterways in the district, including wharves, docks, warehouses, commercial and industrial buildings, grain elevators, bunkering facilities, belt railroads, floating plants and facilities, lightering facilities, towing facilities, and all appurtenances;
(4)  hire, rent, convey, lease, and otherwise make available to any person the improvements of the district;
(5)  assess and collect charges for use of all facilities acquired or constructed in accordance with this chapter and apply the amounts collected for maintenance and operation of the business of the district, to make the district self-supporting and financially solvent, and to retire the construction cost of the improvements within a reasonable period;
(6)  enter into valid and binding contracts to apply revenues, over and above the maintenance and operation costs, which are derived from sources other than taxation, to pay principal and interest on bonds;
(7)  enter into contracts with the United States for loans and grants on terms and conditions necessary to comply with regulations and requirements of the United States under federal law;  and
(8)  issue bonds, notes, warrants, certificates of indebtedness, and other forms of obligation payable from revenues derived from improvements and pledge these revenues to the payment of the district's debts in the manner provided in Subchapter E of Chapter 60 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.154. Authority to Go on Land

Sec. 63.154.  AUTHORITY TO GO ON LAND.  The commission and the district engineer, together with all necessary teams, help, tools, instruments, implements, and machinery, may go on any land inside the district to examine the land and make plans, surveys, maps, and profiles without subjecting themselves to action for trespass.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.155. Acquisition of Property and Right-of-Way

Sec. 63.155.  ACQUISITION OF PROPERTY AND RIGHT-OF-WAY.  The commission may acquire by gift, purchase, or condemnation proceedings the necessary right-of-way and property of any kind necessary for improvements contemplated by this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.156. Eminent Domain

Sec. 63.156.  EMINENT DOMAIN.  (a)  The district may exercise the power of eminent domain to condemn and acquire the right-of-way over and through any public or private land necessary to improve any river, bay, creek, or arm of the Gulf of Mexico for the construction and maintenance of any canal or waterway and for any other purpose authorized by this chapter.
(b)  The condemnation proceedings shall be instituted under the direction of the commission and in the name of the district, and the damages shall be assessed in conformity with the laws for condemning and acquiring rights-of-way by railroads.
(c)  No appeal from the finding and assessment of damages shall have the effect of suspending work by the commission in prosecuting the work of improvement in detail.
(d)  No right-of-way can be condemned through any part of an incorporated city or town without the consent of the lawful authorities of the city or town.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.157. Authority Over Improvements

Sec. 63.157.  AUTHORITY OVER IMPROVEMENTS.  A district may acquire, purchase, take over, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants, literage, lands, towing facilities, and all other facilities or aids incident to or necessary to the operation or development of ports or waterways inside the district extending to the Gulf of Mexico.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.158. Obtaining Consent of United States

Sec. 63.158.  OBTAINING CONSENT OF UNITED STATES.  If a river, creek, bay, stream, canal, or waterway which is to be improved is navigable or if the improvements are of a type which require the permission or consent of the United States, the commission may obtain the permission or consent of the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.159. Cooperation With the United States

Sec. 63.159.  COOPERATION WITH THE UNITED STATES.  (a)  The commission may cooperate and act with the United States in surveys, work, and expenditure of money in any matters relating to construction and maintenance of the canals and the improvement and navigation of navigable rivers, bays, creeks, streams, canals, and waterways.
(b)  To the extent that the United States aids in these matters, the commission may agree and consent to the United States entering and taking management and control of the work insofar as necessary or permissible under the laws and regulations of the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.160. Duties of Engineer

Sec. 63.160.  DUTIES OF ENGINEER.  The engineer shall:
(1)  make necessary surveys, examinations, investigations, maps, plans, and drawings relating to proposed improvements;
(2)  estimate the cost of improvements;
(3)  supervise the work of improvements;  and
(4)  perform any duties which might be required by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.161. United States Performing Duties of Engineer

Sec. 63.161.  UNITED STATES PERFORMING DUTIES OF ENGINEER.  Instead of or in addition to employing an engineer, the commission may adopt any survey of a river, creek, canal, stream, bay, or waterway previously made by the United States and may arrange for surveys, examinations, and investigations of proposed improvements and for supervision of the work of improvement by the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.162. District Order for Improvements

Sec. 63.162.  DISTRICT ORDER FOR IMPROVEMENTS.  If the commission considers it in the best interest for the district to exercise the powers granted by Section 63.153 of this code or if the commission finds that additional improvements to those originally planned or constructed are necessary for navigation of or in aid of navigation of any river, creek, stream, bay, canal, or waterway, the commission shall make this finding in an order entered in the minutes and shall direct the engineer to make an estimate showing the character and cost of the improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.163. Notice of Hearing

Sec. 63.163.  NOTICE OF HEARING.  (a)  After the commission's order is entered in the minutes, the commission shall publish notice once a week for three consecutive weeks in a newspaper published in the district.  If no newspaper is published in the district, the notice shall be published in the newspaper published nearest to the district.
(b)  The notice shall include a copy of the commission's order and shall designate a time and place for a hearing.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.164. Hearing on Improvements

Sec. 63.164.  HEARING ON IMPROVEMENTS.  (a)  The commission shall hear evidence at the hearing, and any district taxpayer or interested person may present evidence.
(b)  The commission may adjourn the hearing from day to day for a reasonable time so that all taxpayers and interested persons may be heard.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.165. Findings

Sec. 63.165.  FINDINGS.  (a)  After the hearing is completed, the commission shall enter its order making findings as to whether or not the improvements and construction of the facilities is feasible and practicable and whether or not benefits will result to the public.
(b)  If the findings are against the proposed improvements, no further action will be taken, but if the commission finds that the improvements are feasible and practicable and would be a public benefit, the district may issue bonds to pay for the necessary improvements and facilities.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.166. Bond Election

Sec. 63.166.  BOND ELECTION.  (a)  An election shall be held to approve the issuance of the bonds.
(b)  The ballots shall be printed to provide for voting for or against the proposition:  "The issuance of bonds and the levy of a tax to pay for the bonds."
(c)  The returns of the election shall be canvassed as provided in this chapter.
(d)  If the canvass indicates that a majority of the electors voted in favor of the proposition, the commission shall issue an order directing the issuance of the bonds and the levy of a tax.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.167. Form of Bonds

Sec. 63.167.  FORM OF BONDS.  (a)  The bonds shall be issued in the manner that other bonds are issued under this chapter, and the amount of the bonds may not be more than the cost of the improvements estimated by the engineer.
(b)  The bonds shall be issued in the name of the district and shall be signed by the president of the commission and attested by the secretary with the seal of the district attached.
(c)  The bonds shall be issued in the denominations and payable at the times, not more than 40 years, considered most expedient by the board.  Interest shall be payable annually or semiannually.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.168. Bids for Contract

Sec. 63.168.  BIDS FOR CONTRACT.  (a)  Before the commission enters into a contract requiring the expenditure of more than $15,000, it shall submit the proposed contract for competitive bids.
(b)  The commission may reject any and all bids, and if the contract is for a public improvement, the successful bidder shall be required to give the statutory bonds required by Chapter 2253, Government Code.
(c)  The contract shall be awarded to the lowest and best bidder.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 805, ch. 299, Sec. 3, eff. Aug. 29, 1977;  Acts 1993, 73rd Leg., ch. 757, Sec. 24, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(19), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.169. Notice of Bids

Sec. 63.169.  NOTICE OF BIDS.  (a)  Notice of the time and place the contract will be awarded shall be published in one or more newspapers with general circulation in the state, one of which shall be a newspaper published in the county in which the district is located if a newspaper is published in the county.
(b)  The notice shall be published once a week for two consecutive weeks before the time set for awarding the contract, with the first publication being made at least 14 days before the day for awarding the contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.170. Application of Certain Sections

Sec. 63.170.  APPLICATION OF CERTAIN SECTIONS.  The provisions of Sections 63.168-63.169 of this code do not apply to:
(1)  improvements carried out and performed by the United States;
(2)  calamities or emergencies which make it necessary to act at once to preserve the property of the district;
(3)  unforeseen damage to district property, machinery, or equipment or necessary emergency repairs to them;  or
(4)  contracts for personal or professional services or work done by the district and paid for by the day as the work progresses.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.171. Procedure for Bids

Sec. 63.171.  PROCEDURE FOR BIDS.  (a)  Any person desiring to bid on the construction of any work advertised shall, on application to the commission, be furnished at actual cost the survey, plans, and estimates for the work.
(b)  Bids for the work shall be in writing, sealed, and delivered to the chairman of the commission, together with a certified check for at least five percent of the total amount of the bid.  A bid bond in the amount of at least five percent of the total amount of the bid executed by a corporate surety duly authorized to do business in this state and payable to the district may be substituted in lieu of the certified check.
(c)  If the bidder's bid is accepted but he refuses to enter into a proper contract and give the performance and payment bond required by Chapter 2253, Government Code, the certified check or bid bond shall be forfeited to the district.
(d)  The commission may reject any and all bids.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 1, eff. May 26, 1971;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(19), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.172. Formal Requirements of Contract

Sec. 63.172.  FORMAL REQUIREMENTS OF CONTRACT.  A contract entered into by the district shall be in writing and signed by the contractors and the commissioners, any two of the commissioners, the executive director of the district, or an authorized representative of the executive director.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 12, eff. June 15, 2007.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.173. Contractor's Bond

Sec. 63.173.  CONTRACTOR'S BOND.  The contractor shall execute an adequate bond payable to the commission in the amount of the contract price, conditioned that he will faithfully perform the obligations, agreements, and covenants of the contract and that if he defaults he will pay the district all damages sustained by reason of the default.  The bond shall be approved by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.174. Interest in Contract

Sec. 63.174.  INTEREST IN CONTRACT.  The members of the board and the engineer may not be directly or indirectly interested for themselves or as agents in a contract for the construction of a work to be performed by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.175. Supervision of Work

Sec. 63.175.  SUPERVISION OF WORK.  (a)  Unless done under the supervision of the United States, all work contracted for by the district shall be done under the supervision of a representative of the district.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 17, eff. May 22, 2019.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 14, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 15, eff. May 22, 2019.
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 17, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.176. Payment for Work

Sec. 63.176.  PAYMENT FOR WORK.  (a)  A representative of the district shall inspect the work being done during its progress, and on completion of the contract, the district shall draw a warrant on the district depository or issue a check in favor of the contractor or the contractor's assignee for the amount of the contract price.  The warrant or check shall be paid from the construction and maintenance or operating fund.
(b)  If the district considers it advisable, it may contract to pay for the work in partial payments as the work progresses.  Partial payments may not be more in the aggregate than the amount allowed under applicable laws.  The amount of the work shall be shown by a certificate of a representative of the district.
(c)  The provisions of this section do not apply to improvements carried out or performed by the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 2, eff. May 26, 1971.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 16, eff. May 22, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.177. Commission Report

Sec. 63.177.  COMMISSION REPORT.  (a)  The commission shall make an annual report of its activities and file it with the county clerk on or before January 1 of each year.
(b)  The report shall show in detail:
(1)  the kind, character, and amount of work done in the district;
(2)  the cost of the work;  and
(3)  the amount paid on order, the purpose for which paid, and other data necessary to show the condition of improvements made under the provisions of this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.178. Franchises

Sec. 63.178.  FRANCHISES.  (a)  A district may grant franchises on property owned or controlled by the district to any person for purposes consistent with this chapter and may charge fees for the franchises.
(b)  A franchise may be granted for a period of not more than 50 years.
(c)  Before the franchise is granted, the commission must approve the franchise by a majority vote at three separate meetings held at least one week apart and must publish notice.  The third meeting at which the commission votes to grant a franchise may not take place before the date the notice required by this subsection is published for the third time.
(c-1)  For the purposes of Subsection (c), notice must be published at the expense of the applicant, once a week for three consecutive weeks in a newspaper published in the district.  The notice must consist of:
(1)  the text of the franchise in full; or
(2)  a descriptive caption stating the purpose of the franchise and the location at which a complete copy of the franchise may be obtained.
(d)  The franchise shall require the grantee to file a written acceptance within 30 days from the day the franchise is finally approved by the commission.  Unless the district and the grantee agree on a later date, the effective date of the franchise is the date the grantee files the written acceptance with the commission.
(e)  Fees charged for a franchise may be used to pay interest on bonds or other securities issued by the district for construction of its improvements and to retire these bonds or other securities at maturity.
(f)  This section shall not be construed to prevent a district from granting revocable licenses or permits for the use of limited portions of waterfront or facilities for purposes consistent with this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 21, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 19, eff. June 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1120 (S.B. 1129), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.179. Adjacent Land

Sec. 63.179.  ADJACENT LAND.  (a)  The district may own land adjacent or accessible to the navigable water developed by the district and may lease the land to any person and charge reasonable tolls, fees, or other charges.
(b)  Proceeds from the tolls, fees, or other charges may be used for maintenance and operation of the business of the district, to make the district self-supporting and financially solvent, and to return the construction cost of the improvements within a reasonable period.
(c)  The land may be located in whole or in part inside or outside the boundaries of any incorporated city, town, or village in this state, but land which is not included inside the boundaries of a city, town, or village at the time it is acquired by the district may not be annexed or included inside the boundaries of the city, town, or village without the written consent of the district evidenced by a resolution adopted by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.180. Issuance of Writs

Sec. 63.180.  ISSUANCE OF WRITS.  A writ of mandamus shall issue from a court of competent jurisdiction to compel the commission to apply revenue in accordance with the terms of a contract with the United States, and an injunction may be issued to restrain the commission from violating the provisions of a contract with the United States.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.181. Peace Officers

Sec. 63.181.  PEACE OFFICERS.  The district may appoint peace officers to protect life and property in the district and the property of the district.  The officers shall have the same rights, powers, and authority as policemen of a city or town.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 72, ch. 32, Sec. 1, eff. April 15, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.182. Effect on Police Powers

Sec. 63.182.  EFFECT ON POLICE POWERS.  The provisions of this chapter shall not affect or repeal the police powers of any municipality inside the district or any law, ordinance, or regulation which authorizes the municipality to exercise police power over any navigable stream, aid to navigation, or facility for navigation in the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter D. Powers and Duties › Section 63.183. Other Laws Governing District

Sec. 63.183.  OTHER LAWS GOVERNING DISTRICT.  The commission has the same rights, powers, and duties provided for commissioners in Chapter 62, Transportation Code.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.279, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.221. Construction and Maintenance Fund

Sec. 63.221.  CONSTRUCTION AND MAINTENANCE FUND.  (a)  The construction and maintenance fund shall include money received from the sale of bonds and other sources except the tax and other collections deposited in the sinking fund and used to pay interest on the bonds.
(b)  All expenses incurred in connection with the creation, establishment, and maintenance of the district after the original petition to create the district is filed shall be paid from the construction and maintenance fund.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.222. District Depository

Sec. 63.222.  DISTRICT DEPOSITORY.  The district depository shall be designated as provided by Section 60.271, and the district's funds shall be deposited in the depository.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1997, 75th Leg., ch. 1400, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.224. Accounts and Records; Audit

Sec. 63.224.  ACCOUNTS AND RECORDS;  AUDIT.  (a)  A complete book of all accounts and records shall be kept by the district.
(b)  In January of each year or as soon after that time as practicable, the county auditor or, in the discretion of the commission, an independent certified public accountant or firm of independent certified public accountants shall be employed to make a complete audit of the books and records and make a report of the findings.
(c)  The audit report shall be made in triplicate, and one copy shall be filed with the district office, one with the district depository, and one with the county auditor's office.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.225. Deposit

Sec. 63.225.  DEPOSIT.  (a)  When the petition to create the district is filed, it shall be accompanied by a $500 deposit, which shall be held by the county clerk until the result of the election to create the district is declared and entered in the minutes of the commissioners court.
(b)  If the result of the election favors the creation of the district, the county clerk shall return the $500 deposit to the signers of the petition or their agent or attorney.
(c)  If the result of the election is against the creation of the district, the county clerk shall pay the costs and expenses of the proposed district up to and including the election from the $500 deposit on vouchers signed by the county judge and shall return the balance of the deposit, if any, to the signers of the petition or their agent or attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.226. Debt

Sec. 63.226.  DEBT.  (a)  The district may retire the original cost of construction of its improvements or pay for the cost of construction by borrowing money and pledging and mortgaging land, wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants, lighterage, towing facilities, and other facilities or aids incident or necessary to the operation or development of ports or waterways.
(b)  The district may issue its debentures or other evidences of debt secured by a mortgage for the length of time and a rate of interest of not more than eight percent a year.  In addition, the district may secure the debentures, notes or other evidences of debt with bonds of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.227. Retiring Debt

Sec. 63.227.  RETIRING DEBT.  Debentures, notes, or other evidences of debt may be retired by rents, tolls, fees, or charges other than taxes.  The debt also may be retired by assessments against taxable property in the district which is equitably distributed on the basis of benefits derived by the property from district improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter E. General Fiscal Provisions › Section 63.228. Borrowing Money

Sec. 63.228.  BORROWING MONEY.  (a)  A district may borrow for any legal purpose from the United States or from any banking institution or other source not more than $250,000 to meet temporary needs, and may issue notes or other short term obligations other than bonds which will mature in not more than 10 years from their date and may pledge any securities owned by them or their surplus revenues.
(b)  A district, in the acquisition of land necessary for the development of its ports and waterways both industrial and otherwise, may execute purchase money notes securing same with liens on the land being acquired or with a pledge of surplus revenue, or with both.  The notes may bear interest at the rate determined by the commission.
Added by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 3, eff. May 26, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.251. Levy of Tax

Sec. 63.251.  LEVY OF TAX.  After bonds have been voted, the commission shall levy a tax on all taxable property in the district sufficient to pay principal of and interest on the bonds and shall annually levy and have assessed and collected on the taxable property of the district an amount sufficient to pay for the expense of assessing and collecting the taxes.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.252. Form of Bonds

Sec. 63.252.  FORM OF BONDS.  (a)  Bonds issued under the provisions of this chapter shall be issued in the name of the district and shall be signed by the chairman of the commission and attested by the secretary, with the district's seal affixed to each bond.
(b)  The bonds shall be issued in the denominations and payable annually or semiannually at the time or times, not more than 40 years from their date, that the commission considers most expedient.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.253. Approval of Bonds by Attorney General

Sec. 63.253.  APPROVAL OF BONDS BY ATTORNEY GENERAL.  (a)  Before bonds are offered for sale, the district shall present to the attorney general a certified copy of all the minutes of commission proceedings relating to the issuance of the bonds, including:
(1)  a copy of the notices of hearing and election, together with a certified return of each notice;
(2)  a certified copy of the commission's order levying a tax to pay principal of and interest on the bonds;
(3)  a statement of the total bonded indebtedness of the district, including the series of bonds and the assessed value of property for the purpose of taxation as shown by the last official assessment of the district;  and
(4)  any other information which the attorney general requires.
(b)  The attorney general shall carefully examine the bonds in connection with the constitution, laws relating to the execution of the bonds, and the facts.
(c)  If the attorney general finds that the bonds were issued in conformity with the constitution and laws and that they are valid and binding obligations of the district, he shall certify the bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.254. Registration of Bonds

Sec. 63.254.  REGISTRATION OF BONDS.  After the bonds are examined and certified by the attorney general, they shall be registered by the comptroller in a book kept for that purpose, and the certificate of the attorney general shall be preserved in the record to be used in the event of litigation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.255. Validity of Bonds

Sec. 63.255.  VALIDITY OF BONDS.  (a)  After the bonds are certified by the attorney general and registered by the comptroller, they shall be held prima facie valid and binding obligations in every action, suit, or proceeding in which their validity is brought into question.
(b)  In any action brought to enforce collection of the bonds or interest on the bonds, the certificate of the attorney general or a certified copy of the certificate shall be received as prima facie evidence of the validity of the bonds and their coupons, and the only defense that can be offered against the validity of the bonds or coupons is forgery or fraud.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.256. Sale of Bonds

Sec. 63.256.  SALE OF BONDS.  (a)  After the bonds are registered, the chairman of the commission shall offer them for sale and shall sell the bonds on the best terms and for the best price possible.
(b)  As the bonds are sold, the money received for them shall be paid to the district depository to the credit of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter F. Bond Provisions › Section 63.257. Bond Record

Sec. 63.257.  BOND RECORD.  (a)  After bonds are issued, the board shall procure and deliver to the secretary of the district a well-bound book for recording the bonds.
(b)  The record kept in the book shall include:
(1)  the bonds and their numbers;
(2)  the amount of the bonds;
(3)  the interest rate;
(4)  the date of issuance;
(5)  the date the bonds become due;
(6)  the place where the bonds are payable;
(7)  the amount received for each bond;  and
(8)  the tax levy to pay interest and provide a sinking fund.
(c)  The bond record shall be available for public inspection by all interested parties in the district.
(d)  On payment of a bond, an entry of the payment shall be made in the bond record.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter G. Tax Provisions › Section 63.281. Bond Tax

Sec. 63.281.  BOND TAX.  (a)  After bonds have been voted, the commission shall levy and have assessed and collected improvement taxes on all taxable property inside the district.
(b)  The tax shall be in an amount which is sufficient to pay the principal of and interest on the bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter G. Tax Provisions › Section 63.282. Maintenance and Operation Tax

Sec. 63.282.  MAINTENANCE AND OPERATION TAX.  (a)  With the approval of the electors of the district, the commission may levy and have assessed and collected for the maintenance, operation, and upkeep of the district and its improvements an annual tax of not more than 20 cents on the $100 valuation on all taxable property in the district.
(b)  The proposition to approve the tax provided in Subsection (a) of this section may be voted on at the election to create the district or may be voted on at a separate election to be held in the manner provided for elections held under Subchapter B of this chapter.
(c)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "The levy of a tax of not more than 20 cents on the $100 valuation for maintenance, operation, and upkeep of the district and its improvements."
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, Sec. 14, eff. May 31, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter G. Tax Provisions › Section 63.283. Funds From Sources Other Than Taxes

Sec. 63.283.  FUNDS FROM SOURCES OTHER THAN TAXES.  The district may pay interest on and principal of the bonds and pay the costs of maintenance, operation, and upkeep with revenue from tolls, rents, fees, or charges other than taxation or with assessments made on the property in the district on the basis of benefit derived.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter G. Tax Provisions › Section 63.285. Duty of Assessor and Collector

Sec. 63.285.  DUTY OF ASSESSOR AND COLLECTOR.  The assessor and collector shall assess and collect taxes for the district.
Acts 1971, 62nd Leg., ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter H. Assessments › Section 63.321. Assessments to Retire Debt

Sec. 63.321.  ASSESSMENTS TO RETIRE DEBT.  Assessments which are equitably distributed against property in the district may be used to pay the cost of making improvements and to pay principal of and interest on bonds, notes, debentures, or other evidences of debt issued by the district for improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.