reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.041. Conversion of District; Notice

Sec. 51.041.  CONVERSION OF DISTRICT;  NOTICE.  (a)  Notice of the adoption of a resolution under Section 51.040 of this code shall be given by publishing the resolution in a newspaper with general circulation in the county or counties in which the district is located.
(b)  The notice shall be published once a week for two consecutive weeks with the first publication not less than 14 full days before the time set for a hearing.
(c)  The notice shall:
(1)  state the time and place of the hearing;
(2)  set out the resolution in full;  and
(3)  notify all interested persons to appear and offer testimony for or against the proposal contained in the resolution.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.042. Conversion of District; Findings

Sec. 51.042.  CONVERSION OF DISTRICT;  FINDINGS.  (a)  If, on a hearing, the governing body of the district finds that conversion of the district into one operating under this chapter would serve the best interest of the district and would be a benefit to the land and property included in the district, it shall enter an order making this finding and the district shall become a district operating under this chapter.
(b)  If the governing body finds that the conversion of the district would not serve the best interest of the district and would not be a benefit to the land and property included in the district, it shall enter an order against conversion of the district into one operating under this chapter.
(c)  The findings of the governing body of a district entered under this section are final and not subject to appeal or review.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.043. Effect of Conversion

Sec. 51.043.  EFFECT OF CONVERSION.  A district which converts into a district operating under this chapter shall:
(1)  be constituted a water control and improvement district operating under and governed by this chapter;
(2)  be a conservation and reclamation district under the provisions of Article XVI, Section 59, of the Texas Constitution;  and
(3)  have and may exercise all the powers, authority, functions, and privileges provided in this chapter in the same manner and to the same extent as if the district had been created under this chapter.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.044. Reservation of Certain Powers for Converted Districts

Sec. 51.044.  RESERVATION OF CERTAIN POWERS FOR CONVERTED DISTRICTS.  (a)  Any water improvement district, water control and preservation district, fresh water supply district, levee improvement district, drainage district, or navigation district, after conversion under Section 51.040 of this code, may continue to exercise all necessary specific powers under any specific conditions provided by the chapter of this code under which the district was operating before conversion.
(b)  At the time of making the order of conversion, the governing body shall specify in the order the specific provisions of the chapter of the code under which the district had been operating which are to be preserved and made applicable to the operations of the district after conversion into a district operating under this chapter.
(c)  A reservation of a former power under Subsection (a) of this section may be made only if this chapter does not make specific provision concerning a matter necessary to the effectual operation of the converted district.
(d)  In all cases in which this chapter does make specific provision, this chapter shall, after conversion, control the operations and procedure of the converted district.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.045. Conversion of a District Operating Under This Chapter to a Fresh Water Supply District

Sec. 51.045.  CONVERSION OF A DISTRICT OPERATING UNDER THIS CHAPTER TO A FRESH WATER SUPPLY DISTRICT.  (a)  Any district operating under this chapter may be converted into a district operating as a fresh water supply district under Chapter 53 of this code in the manner provided in this section.
(b)  The governing body of a district desiring to convert under this section shall adopt a resolution declaring that, in its judgment, conversion of the district into one operating under Chapter 53 of this code and under the provisions of Article XVI, Section 59, of the Texas Constitution, would be in the best interest of the district and would be a benefit to the land and property in the district.
(c)  The resolution shall provide for a public hearing on the proposition at a date to be fixed by the governing body not less than 15 days nor more than 30 days from the date of the resolution.
(d)  Notice of the hearing shall be published once a week for two consecutive weeks in a newspaper with general circulation in the area in which the district is located.  The first publication shall be not less than 14 days before the time set for the hearing.  The notice shall contain a copy of the resolution or a substantial statement of the matters contained in the resolution.
(e)  At the hearing, any person may appear and offer testimony and other evidence.
(f)  If, on hearing, the board finds that the conversion of the district operating under this chapter into one operating under Chapter 53 of this code would be in the best interest of the district and would be a benefit to the land and property in the district, it shall enter an order declaring the district to be one operating under Chapter 53 of this code, and thereafter, the district shall operate under the provisions of Chapter 53.
(g)  If the board finds that conversion would not be in the best interest of the district and would not be a benefit to the land and property in the district, it shall enter its order to that effect and the district shall continue to operate under this chapter.
(h)  The findings of the governing body shall be final and not subject to review or appeal.
(i)  Nothing in this section may be construed to authorize the impairment of any existing 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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.046. Organization of District to Conduct Preliminary Surveys

Sec. 51.046.  ORGANIZATION OF DISTRICT TO CONDUCT PRELIMINARY SURVEYS.  A district may be organized for the sole purpose of conducting preliminary surveys to determine whether or not improvements are needed and what improvements, if any, are required to promote the public welfare.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.047. Creation of Master District

Sec. 51.047.  CREATION OF MASTER DISTRICT.  A master district may be created under this chapter and may include all or any part of the area of one or more districts created and operating under the provisions of this chapter or Chapters 53, 55, 56, 57, 60-63 of this code or Chapter 3, Title 128, Revised Civil Statutes of Texas, 1925.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.048. Purposes of Master District

Sec. 51.048.  PURPOSES OF MASTER DISTRICT.  (a)  A master district may be created to conduct preliminary surveys and to develop a plan for the control and use of the water of any given stream, so that the improvements on one part of a watershed will be mechanically and economically related to all other improvements on the stream or its watershed.
(b)  A master district also may be created to enable districts to pool their resources when necessary to economically:
(1)  make preliminary surveys;
(2)  adopt a plan to coordinate the plants, improvements, and facilities of the several constituent districts;
(3)  provide the improvements and facilities proposed to be constructed and furnished by the master district;
(4)  provide improvements for the common benefit of the several districts;
(5)  enable the districts jointly to make purchases;  or
(6)  maintain or operate works for the common benefit of the several districts.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.049. Master District; Procedure

Sec. 51.049.  MASTER DISTRICT;  PROCEDURE.  (a)  The Commission shall have exclusive jurisdiction to hear and determine petitions for the creation of a master district.
(b)  Each district composing part of a master district shall, for all purposes of an election, constitute a separate voting unit.  No existing district may be included in a master district unless the proposal is approved by a majority of the qualified electors of the constituent district voting in the election.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.050. Master District; Directors

Sec. 51.050.  MASTER DISTRICT;  DIRECTORS.  A master district may have directors which number five, seven, or any other uneven number up to 21.
(b)   The number shall be determined at the time of the creation of the district and may thereafter be changed by the directors of the district in a manner to conform to the requirements for equitable representation for the various areas of the master district.
(c)  The election and qualification of the directors shall, where applicable, be controlled as provided by the other 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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.051. Master District Governed by Chapter

Sec. 51.051.  MASTER DISTRICT GOVERNED BY CHAPTER.  The provisions of this chapter, where applicable, shall govern a master district in:
(1)  the procedure for its creation;
(2)  the conduct of its affairs;  and
(3)  its powers.
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 51 - Water Control and Improvement Districts › Subchapter B. Creation of District; Conversion of District › Section 51.052. City, Town, or Municipal Corporation Created as a District

Sec. 51.052.  CITY, TOWN, OR MUNICIPAL CORPORATION CREATED AS A DISTRICT.  (a)  Any city, town, or municipal corporation may have the benefit and powers provided in this chapter under the Texas Constitution and may aid any district in the construction and operation of any improvements to the extent that the improvements may be an advantage to the municipal corporation.
(b)  The area included in any city, town, or municipal corporation may be organized into and constituted a district operating under this chapter with all the powers, authority, and privileges provided by Article XVI, Section 59, of the Texas Constitution.  The district shall be governed by this chapter and by an ordinance duly enacted by the governing body of the city, town, or municipal corporation.
(c)  The ordinance required by Subsection (b) of this section shall appoint five directors for the district.  Each director's bond shall be filed with and approved by the governing body of the municipal corporation.
(d)  On the qualification of the directors, the district shall be completely organized without the necessity of an election.  The district shall thereafter be governed by 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 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.071. Board of Directors

Sec. 51.071.  BOARD OF DIRECTORS.  The governing body of a district is the board of directors, which shall consist of five directors.
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 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.0711. Special Director

Sec. 51.0711.  SPECIAL DIRECTOR.  (a)  The governing body of a municipality that enters a contract or agreement with a district located in more than one county to jointly construct, acquire, operate, or maintain a regional wastewater system is entitled to appoint a special director to the board of the district.  Section 51.072 does not apply to a special director.
(b)  The office of special director exists only during the period for which the contract or agreement is in effect.  If the contract or agreement is in effect for a term of more than four years, a special director serves for a four-year term of office.  A vacancy in the office of special director shall be filled by the governing board of the municipality.
(c)  A special director is entitled to vote only on matters before the district's board of directors that are directly related to the regional wastewater system that is the subject of the contract or agreement between the municipality and the district.
(d)  In any matter on which the director appointed under this section votes, approval by a majority of the six members of the board is required for approval.
Added by Acts 1989, 71st Leg., ch. 575, Sec. 1, eff. June 14, 1989.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.072. Qualifications for Director

Sec. 51.072.  QUALIFICATIONS FOR DIRECTOR.  (a)  To be qualified for election as a director, a person must:
(1)  be a resident of the state;
(2)  own land subject to taxation in the district or be a qualified voter in the district; and
(3)  be at least 18 years of age.
(b)  Section 49.052 does not apply to a district governed by this chapter whose principal purpose is providing water for irrigation.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 5, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 24, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.0731. Election Date for Certain Directors

Sec. 51.0731.  ELECTION DATE FOR CERTAIN DIRECTORS.  The election date for directors of a district proposing to provide or actually providing water and sewer services or either of these services to household users as the principal functions of the district shall be the first Saturday in April.
Added by Acts 1973, 63rd Leg., p. 1539, ch. 559, Sec. 2, eff. June 15, 1973.  Amended by Acts 1975, 64th Leg., p. 625, ch. 256, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.0732. Uniform Election Date

Sec. 51.0732.  UNIFORM ELECTION DATE.  Notwithstanding the election date prescribed by Section 51.0731 of this code, an election held under that section shall be held on a uniform election date as provided by law.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 25(l), eff. Sept. 1, 1987.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.075. Application to Get on Ballot

Sec. 51.075.  APPLICATION TO GET ON BALLOT.  A candidate for the office of director or other elective office may file an application with the secretary of the board to have the candidate's name printed on the election ballot.  The application must be signed by the applicant or by at least 10 qualified electors of the district and must be filed not later than 5 p.m. of the 45th day before the date of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1989, 71st Leg., ch. 1009, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.085. District Tax Assessor and Collector

Sec. 51.085.  DISTRICT TAX ASSESSOR AND COLLECTOR.  The board may appoint one person to the office of tax assessor and collector, or it may order an election to fill that 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 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.090. Bonds of Officers of a District Acting as Fiscal Agent or Collecting Money for United States

Sec. 51.090.  BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL AGENT OR COLLECTING MONEY FOR UNITED STATES.  (a)  If a district is appointed fiscal agent for the United States or if a district is authorized to make collections of money for the United States in connection with a federal reclamation project, each director and officer of the district including the tax assessor and collector shall execute an additional bond in the amount required by the secretary of the interior, conditioned on the faithful discharge of his respective office and on the faithful discharge by the district of its duties as fiscal or other agent of the United States under its appointment or authorization.
(b)  The additional bonds shall be approved, recorded, and filed as provided in this chapter for other official bonds.
(c)  Suit may be brought on the bonds by the United States or any person injured by the failure of the officer or  the district to fully, promptly, and completely perform their respective duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
For expiration of this section, see Subsection (e).
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.091. Projects of Certain Districts

Sec. 51.091.  PROJECTS OF CERTAIN DISTRICTS.  (a)  In this section, "preservation district" means a district defined by Chapter 54 and created by special law with the power to promote the preservation of fish and other wildlife within its boundaries.
(b)  A water supply project financed, in whole or in part, with water development bonds, as defined under Section 16.001, that is undertaken by a district having operations or facilities located in not less than four counties, and that is included in a regional water plan under Section 16.053, is of fundamental and paramount importance and is to be given priority over the activities, rules, regulations, ordinances, or any requirement for a permit, bond, or fee of a preservation district, which shall be inapplicable to the construction of the project.
(c)  Governmental immunity of a preservation district is waived in an action brought by a district described in Subsection (b) for the acquisition of land, easements, or other property for a project described in Subsection (b), if the preservation district is the owner of the land or property.
(d)  Notwithstanding any other law, venue shall lie in Travis County for an action described in Subsection (c) and brought by a district described in Subsection (b).
(e)  This section expires September 1, 2039.
Added by Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter C. Administrative Provisions › Section 51.0951. Meetings in Certain Districts

Sec. 51.0951.  MEETINGS IN CERTAIN DISTRICTS.  After at least 25 qualified electors are residing in a district covered by Section 51.0941 of this code, on written request of at least five of these electors, the board shall designate a meeting place within the district.  On the failure to designate the location of the meeting place within the district, five electors may petition the commission to designate a location, which may be changed by the board after the next election of members to the board.
Added by Acts 1973, 63rd Leg., p. 618, ch. 263, Sec. 2, eff. Aug. 27, 1973.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.121. Purposes of District

Sec. 51.121.  PURPOSES OF DISTRICT.  (a)  A water control and improvement district organized under the provisions of Article III, Section 52, of the Texas Constitution, may provide for:
(1)  the improvement of rivers, creeks, and streams to prevent overflows, to permit navigation or irrigation, or to aid in these purposes;  or
(2)  the construction and maintenance of pools, lakes, reservoirs, dams, canals, and waterways for irrigation, drainage, or navigation, or to aid these purposes.
(b)  A water control and improvement district organized under the provisions of Article XVI, Section 59, of the Texas Constitution, may provide for:
(1)  the control, storage, preservation, and distribution of its water and floodwater and the water of its rivers and streams for irrigation, power, and all other useful purposes;
(2)  the reclamation and irrigation of its arid, semiarid, and other land which needs irrigation;
(3)  the reclamation, drainage, conservation, and development of its forests, water, and hydroelectric power;
(4)  the navigation of its coastal and inland water;
(5)  the control, abatement, and change of any shortage or harmful excess of water;
(6)  the protection, preservation, and restoration of the purity and sanitary condition of water within the state;  and
(7)  the preservation and conservation of all natural resources of the state.
(c)  The purposes stated in Subsection (b) of this section may be accomplished by any practical means.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.122. Adopting Rules and Regulations

Sec. 51.122.  ADOPTING RULES AND REGULATIONS.  A district may adopt and enforce reasonable rules and regulations to:
(1)  secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts of the district's sanitary sewer system;
(2)  preserve the sanitary condition of all water controlled by the district;
(3)  prevent waste or the unauthorized use of water controlled by the district;
(4)  regulate privileges on any land or any easement owned or controlled by the district;  or
(5)  provide and regulate a safe and adequate freshwater distribution system.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 26, eff. June 17, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.125. Construction of Improvements

Sec. 51.125.  CONSTRUCTION OF IMPROVEMENTS.  A district may construct all works and improvements necessary:
(1)  for the prevention of floods;
(2)  for the irrigation of land in the district;
(3)  for the drainage of land in the district, including drainage ditches or other facilities for drainage;
(4)  for the construction of levees to protect the land in the district from overflow;
(5)  to alter land elevations where correction is needed;  and
(6)  to supply water for municipal uses, domestic uses, power and commercial purposes, and all other beneficial uses or controls.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.127. Adopting Rules and Regulations

Sec. 51.127.  ADOPTING RULES AND REGULATIONS.  A district may adopt and make known reasonable regulations to:
(1)  secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts of sanitary sewer systems;
(2)  preserve the sanitary condition of all water controlled by the district;
(3)  prevent waste or the unauthorized use of water;  and
(4)  regulate residence, hunting, fishing, boating, and camping, and all recreational and business privileges on any body or stream of water, or any body of land, or any easement owned or controlled 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.128. Effect of Rules and Regulations

Sec. 51.128.  EFFECT OF RULES AND REGULATIONS.  After the required publication, rules and regulations adopted by the district under Section 51.127 of this code shall be recognized by the courts as if they were penal ordinances of a city.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.129. Publication of Rules and Regulations

Sec. 51.129.  PUBLICATION OF RULES AND REGULATIONS.  (a)  The board shall publish once a week for two consecutive weeks a substantive statement of the rules or regulations and the penalty for their violation in one or more newspapers with general circulation in the area in which the property of the district is located.
(b)  The substantive statement shall be as condensed as is possible to intelligently explain the purpose to be accomplished or the act forbidden by the rule or regulation.
(c)  The notice must advise that breach of the regulations will subject the violator to a penalty and that the full text of the regulation is on file in the principal office of the district where it may be read by any interested person.
(d)  Any number of regulations may be included in one notice.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.130. Effective Date of Rules and Regulations

Sec. 51.130.  EFFECTIVE DATE OF RULES AND REGULATIONS.  The penalty for violation of a rule or regulation is not effective and enforceable until five days after the publication of the notice.  Five days after the publication, the published regulation shall be in effect and ignorance of it is not a defense for a prosecution for the enforcement of the penalty.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.133. Constructing Bridges and Culverts Across and Over County and Public Roads

Sec. 51.133.  CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER COUNTY AND PUBLIC ROADS.  The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads.  Funds of the district shall be used to construct the bridges and culverts.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.134. Constructing Culverts and Bridges Across and Under Railroad Tracks, Roadways, and Interurban or Street Railways

Sec. 51.134.  CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.  (a)  The district, at its own expense, may build necessary bridges and culverts across or under any railroad tracks or roadways of any railroad or any interurban, or street railway to enable the district to construct and maintain any canal, lateral, ditch, or other improvement of the district.
(b)  Before the district builds a bridge or culvert, the board shall deliver written notice to the local agent, superintendent, roadmaster, or owner.  The railroad company or its owner shall have 60 days in which to build the bridge at its own expense and according to its own plans.
(c)  The canal, culvert, ditch, or structure shall be constructed of sufficient size and proper plan to serve the purpose for which it is intended.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.135. Contracting for Toll Bridges and Ferry Service

Sec. 51.135.  CONTRACTING FOR TOLL BRIDGES AND FERRY SERVICE.  (a)  A district may make contracts with responsible persons for the construction and operation of toll bridges over the district's water for not more than 20 years or for ferry service on or over the district's water for not more than 10 years.
(b)  The contract shall set reasonable compensation to be charged for service by the facility and shall require adequate bond or bonds from the person with whom it enters into the contract, payable to the district, on the conditions and in the amount which the board considers necessary.
(c)  The contracts may provide for forfeiture of the franchise for a failure of the licensee to render adequate public service.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.149. Contracts

Sec. 51.149.  CONTRACTS.  (a)  Notwithstanding Section 49.108(e), no approval other than that specified in Subsection (c) need be obtained in order for a contract between a district and a municipality to be valid, binding, and enforceable against all parties to the contract.  After approval by a majority of the electors voting at an election conducted in the manner of a bond election, a district may make payments under a contract from taxes for debt that does not exceed 30 years.
(b)  A contract may provide that the district will make payments under the contract from proceeds from the sale of notes or bonds, from taxes, from any other income of the district, or from any combination of these.
(c)  A district may make payments under a contract from taxes, other than maintenance taxes, after the provisions of the contract have been approved by a majority of the electors voting at an election held for that purpose.
(d)  Any contract election may be held at the same time as and in conjunction with an election to issue bonds, and the procedure for calling the election, giving notice, conducting the election, and canvassing the returns shall be the same as the procedure for a bond election.
(e)  A district created pursuant to Chapter 628, Acts of the 68th Legislature, Regular Session, 1983, is defined as a municipal corporation and political subdivision pursuant to Chapter 405, Acts of the 76th Legislature, Regular Session, 1999, and is authorized to take action accordingly.
Amended by Acts 1989, 71st Leg., ch. 328, Sec. 13, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 778, Sec. 1, eff. June 16, 1995;  Acts 2001, 77th Leg., ch. 965, Sec. 20.02, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 966, Sec. 2.58, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 18.010, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.157. Construction Charges Under a Contract With the United States

Sec. 51.157.  CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE UNITED STATES.  The construction charges under a contract with the United States may include the cost of drainage and flood-control works necessary to control floods or to maintain the irrigability of district land, and the cost of incidental electric power and municipal water service which the water supply of the reclamation project makes feasible.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.158. Election to Approve a Contract With the United States

Sec. 51.158.  ELECTION TO APPROVE A CONTRACT WITH THE UNITED STATES.  (a)  The electors of the district shall vote to approve every contract involving the payment of construction charges to the United States.  The provisions of this chapter relating to the election to approve the validation of district bonds shall be followed, including the prosecution of an action in court to determine the validity of the contract.
(b)  The notice of election shall state the maximum amount, exclusive of operation and maintenance charges, water rental charges, interest, and penalties, payable by the district to the United States under the contract.
(c)  The ballot shall be printed to provide for voting for or against the proposition:  "The contract with the United States and levy of taxes to make payments under the contract."  This is the only proposition which may appear on the ballot.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.159. Conveying Property to the United States

Sec. 51.159.  CONVEYING PROPERTY TO THE UNITED STATES.  A district may convey any property to the United States necessary for the construction, operation, or maintenance of federal reclamation works used or to be used for the benefit 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.160. Engineering Data Unnecessary

Sec. 51.160.  ENGINEERING DATA UNNECESSARY.  If a district contracts with the United States under the provisions of Section 51.155  of this code for use by the district of federal reclamation works, the district need not prepare or file any engineering data for the construction of the works.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.161. Consent of United States to Alter District's Boundaries

Sec. 51.161.  CONSENT OF UNITED STATES TO ALTER DISTRICT'S BOUNDARIES.  Until all money has been paid by the district which is due to the United States under a contract relating to a federal reclamation project, the United States must consent to any change in the boundaries 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.162. Taxes Levied by District Under Contract With the United States

Sec. 51.162.  TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE UNITED STATES.  (a)  A district which enters into a contract with the United States shall levy annually sufficient taxes to provide payment of all installments required by the contract.
(b)  The board may apportion benefits and levy and collect taxes on the benefit basis instead of the ad valorem basis with the approval of the district electors.
(c)  The board may pay construction charges when provided by contract on the basis of the average gross annual acre income of the land of the district or designated divisions or subdivisions of the district.  The secretary of the interior shall determine the annual gross acre income.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.163. Assessments for Contracts With the United States

Sec. 51.163.  ASSESSMENTS FOR CONTRACTS WITH THE UNITED STATES.  The board shall levy annually sufficient assessments to collect the money required to pay all the district's obligations in full when due regardless of any delinquency in payment of assessments by any tract of land.  If collections in any year are insufficient to pay the obligations of the district, the levy shall be increased sufficiently the following year to cover the deficit.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.164. Duration of Annual Levies for Contracts With the United States

Sec. 51.164.  DURATION OF ANNUAL LEVIES FOR CONTRACTS WITH THE UNITED STATES.  The board shall continue annual levies for payment of construction charges each year against each tract of land in the district even though construction charges apportioned against other tracts of land in the district may be paid sooner or later.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.165. Superiority of Lien to Secure Contract With the United States

Sec. 51.165.  SUPERIORITY OF LIEN TO SECURE CONTRACT WITH THE UNITED STATES.  The lien against district land created by a contract with the United States shall be superior to the lien created by any district bonds approved subsequent to the date of the 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.166. District's Authority to Solicit Cooperation, Donations and Contributions From Other Agencies

Sec. 51.166.  DISTRICT'S AUTHORITY TO SOLICIT COOPERATION, DONATIONS AND CONTRIBUTIONS FROM OTHER AGENCIES.  A district organized under the provisions of this chapter may solicit cooperation, donations, and contributions from the United States, the state, or any other state or nation;  any county, municipality, water improvement district, water control and improvement district, drainage district, or any other political subdivision of the state;  or any person, copartnership, corporation, or association.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.167. Expense of Procuring Cooperation and Contributions From Other Agencies

Sec. 51.167.  EXPENSE OF PROCURING COOPERATION AND CONTRIBUTIONS FROM OTHER AGENCIES.  A district may incur reasonable expense to procure cooperation under Section 51.166 of this code in adding to the area of the district or with contributions to the cost of improvements made by the district.  The contributions may be either a percentage of cost or a definite annual sum.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.168. Authority of Contributor

Sec. 51.168.  AUTHORITY OF CONTRIBUTOR.  (a)  Any water improvement district, water control and improvement district, levee improvement district, county, city, town, or other political subdivision of the state may contract to contribute to the cost of the construction of drainage, flood-control or water-supply improvements, or the changing of land elevations which need correction.  The improvements to be constructed may be outside the contributing district, municipality, or other political subdivision of the state, and may be located outside the state or the United States.
(b)  The works may be constructed by any agency.
(c)  The contribution shall be proportionate to the benefit which the contributor will derive from the proposed 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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.169. Issuance of Bonds by Contributor

Sec. 51.169.  ISSUANCE OF BONDS BY CONTRIBUTOR.  (a)  The contract may provide for the issuance of bonds by the contributor and for direct payment from the proceeds of the bonds to contractors on the estimates of the engineer for the contributor.
(b)  Before issuing bonds, a contributing political subdivision shall submit the contract for contribution to its electors for approval and for authority to issue the bonds, fix a lien to secure the bonds, and levy, assess, and collect taxes to retire the bonds.  The procedure by a contributing political subdivision of the state shall conform to the applicable law under which the political subdivision was organized and authorized to create bonded indebtedness.
(c)  The disposition of the proceeds of the bonds shall conform to the approved contract of contribution.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.170. Annual Tax by Contributor

Sec. 51.170.  ANNUAL TAX BY CONTRIBUTOR.  (a)  The contract for contribution may provide that instead of issuing bonds the contributor may levy, assess, and collect an annual tax in a specific sum.  The levy or assessment is a lien on the property subject to the contributor's taxing power.
(b)  The contributor shall collect the tax at its own expense and pay it annually to the district to which the contribution is to be made.  The district shall hold the annual payment as a trust fund and annually apply it to the bonds issued by it to provide funds for the construction of the improvements to which the contribution is made.
(c)  The contributor shall submit the contract of contribution to its electors for approval and for authority to levy and assess a sufficient tax to meet the annual payments fixed in the contract.  The election for the approval of the contract and the authorized taxes for the fulfillment of the contract shall conform to appropriate law under which the contributing political subdivision was organized and authorized to create bonded indebtedness.
(d)  Payment of the annual sums of contribution shall conform to the contract of contribution.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.171. Contributions From Unappropriated or Available Funds of Contributor

Sec. 51.171.  CONTRIBUTIONS FROM UNAPPROPRIATED OR AVAILABLE FUNDS OF CONTRIBUTOR.  (a)  If the proposed contributor has an unappropriated fund or a fund which is not required for actual use even though otherwise appropriated, the fund may be withdrawn from the project which does not need it and may be applied to pay contributions to the cost of the improvements considered to be a benefit to the contributor but to be constructed by another agency or jointly by the contributor and another agency.
(b)  The board of the contributing political subdivision may contract for contributions and contribute from an unappropriated or available fund without submitting the contract and contributions to a vote of the electors of the contributor.  However, the contributions shall not be made if they impair the ability of the contributor to meet any outstanding obligation or to adequately and economically discharge the contributor's duty to its electorate or constituency.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.172. Liability on Contracts of Acquired Irrigation System

Sec. 51.172.  LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION SYSTEM.  If a district acquires an established irrigation system which has contracted to supply water to others and the holders of the contracts or the lands entitled to service of water are not within the district, the contracts and duties shall be performed by the district in the same manner and to the same extent that any other purchaser of the system would be bound.
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 51 - Water Control and Improvement Districts › Subchapter D. Powers and Duties › Section 51.173. Authority to Lease Irrigation System Serving the District

Sec. 51.173.  AUTHORITY TO LEASE IRRIGATION SYSTEM SERVING THE DISTRICT.  (a)  The board, by resolution, may lease all or part of any irrigation system serving all or part of the district, including distribution laterals, trunk or transmission canals, pumping plants, intakes, and all usual or necessary appurtenances.  The board's resolution will specify the term of the lease, which may not be more than 40 years.
(b)  The board may lease property located partly outside the boundaries of the district and may sell surplus water to other districts and to other consumers.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.