reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter H. Assessments › Section 63.322. Order to Retire Debt by Assessments

Sec. 63.322.  ORDER TO RETIRE DEBT BY ASSESSMENTS.  If the commission decides to retire bonds and other evidences of debt by equitably distributed assessments against the property in the district, it shall enter an order with its findings in the minutes of its proceedings.
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 H. Assessments › Section 63.323. Notice of the Order and Hearing

Sec. 63.323.  NOTICE OF THE ORDER AND HEARING.  (a)  The commission shall publish notice once a week for three consecutive weeks in a newspaper in the district or, if no newspaper is published in the district, in the newspaper published nearest to the district.
(b)  The notice shall include a copy of the order and shall set a date for a hearing at which all property owners and persons interested in the district and the improvements may appear and contest the assessments and offer evidence for or against the assessments before 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 H. Assessments › Section 63.324. Hearing Procedure

Sec. 63.324.  HEARING PROCEDURE.  (a)  All protests, contests, and objections at the hearing shall be presented in writing.
(b)  The commission shall summon witnesses when requested to do so and take testimony with reference to the protests, contests, and objections.
(c)  The hearing may be adjourned from day to day until all proponents or contestants of the assessments have had full opportunity to present evidence.
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 H. Assessments › Section 63.325. Findings

Sec. 63.325.  FINDINGS.  The commission shall enter its findings after the hearing, and if it finds against the proposition of assessments, no further action shall be taken in the matter.
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 H. Assessments › Section 63.326. Tax Roll

Sec. 63.326.  TAX ROLL.  (a)  If the commission finds in favor of levying assessments, it shall direct the assessor and collector of the district to prepare a roll of all the taxable property in the district in the same manner as assessment for ad valorem taxes.
(b)  The assessor and collector shall make an assessment in the proportion of cost to be borne by each item of property on the tax rolls, basing the proportion of cost on benefits to be derived from the improvements by the property and the owner of the property.
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 H. Assessments › Section 63.327. Board of Equalization

Sec. 63.327.  BOARD OF EQUALIZATION.  (a)  If the commission finds in favor of levying assessments, it shall appoint three persons who are electors of the district to be commissioners on the board of equalization and shall designate the time for the meeting of the board of equalization.
(b)  The board of equalization shall meet at the time fixed by the commission to receive the assessment lists or books of the district for examination, correction, equalization, and approval.
(c)  The secretary of the commission shall act as secretary for the board of equalization and shall keep a permanent record of the proceedings of the board of equalization.
(d)  Before beginning to perform the duties of the board of equalization, each member shall take the following oath:  "I ______ do solemnly swear (or affirm) that I will, to the best of my ability, make a full and complete examination, correction, and equalization of all property contained in the district as shown by the assessment lists or books of the assessor and collector and add all property not included of which I have knowledge."
(e)  The oath shall be entered in the minutes by the secretary.
(f)  The completed tax roll shall be submitted to the board of equalization.
Acts 1971, 62nd Leg., p. 110, 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 63.328. Notice of Hearing by Board of Equalization

Sec. 63.328.  NOTICE OF HEARING BY BOARD OF EQUALIZATION.  Notice of the hearing by the board of equalization shall be published once a week for three consecutive weeks in a newspaper published in the district or, if no newspaper is published in the district, in the newspaper published nearest to 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 H. Assessments › Section 63.329. Hearing by Board of Equalization

Sec. 63.329.  HEARING BY BOARD OF EQUALIZATION.  The owners of property shall have an opportunity to present evidence in hearings before the board of equalization.  All interested persons shall have an opportunity to appear and present evidence as to the benefits or lack of benefits to property in which they are interested.
Acts 1971, 62nd Leg., p. 110, 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 63.330. Findings of Board of Equalization

Sec. 63.330.  FINDINGS OF BOARD OF EQUALIZATION.  After all hearings are completed, the board of equalization shall report its findings to the commission for acceptance or disapproval.
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 H. Assessments › Section 63.331. Disapproval of Findings

Sec. 63.331.  DISAPPROVAL OF FINDINGS.  If the commission refuses to approve the tax rolls, it shall hold hearings on all items not approved in the manner provided for the board of equalization.
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 H. Assessments › Section 63.332. Effect of Approval of Findings

Sec. 63.332.  EFFECT OF APPROVAL OF FINDINGS.  The approval of the findings of the board of equalization and the tax rolls as finally fixed shall be conclusive except in cases of fraud or the failure to equitably distribute the assessments.
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 H. Assessments › Section 63.333. Personal Obligation; Lien

Sec. 63.333.  PERSONAL OBLIGATION;  LIEN.  An assessment is a personal obligation of the property owner against whom the assessment is made, and the district has a lien against the assessed taxable property.
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 H. Assessments › Section 63.334. Assessment Fund

Sec. 63.334.  ASSESSMENT FUND.  (a)  The assessments shall be paid to the assessor and collector and shall be kept by him in a separate fund known as the "Assessment Fund."
(b)  Payments out of the fund shall be made to retire the bonds, notes, debentures, or other evidences of debt of the district on vouchers drawn by the commission each year on the maturity of the indebtedness.
(c)  The vouchers shall be signed by at least two members of 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 H. Assessments › Section 63.335. Errors in Assessments

Sec. 63.335.  ERRORS IN ASSESSMENTS.  (a)  An error, mistake, or formality in the assessment or in any step or proceeding prerequisite to the assessment shall not invalidate the assessment, but the commission may correct the error at all times.
(b)  An error or mistake in describing any parcel or item of property or the name of any owner of property shall not invalidate the assessment, but it shall have full force and effect against the premises and the real and true owner.
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 H. Assessments › Section 63.336. Reassessment

Sec. 63.336.  REASSESSMENT.  (a)  If, in the opinion of the commission, an error, mistake, or invalidity exists in any proceeding with reference to the improvements or assessments, it shall correct the error, mistake, or invalidity and reassess the property and the owners of the property.
(b)  The reassessment shall be made after the same notice and hearing as provided for the making of an original assessment.  The commission in making the reassessment shall take into consideration any enhancement or depreciation in the value of the property assessed and shall make the reassessment on a basis of equalization and the equitable distribution of benefits to the property with respect to all other property in the district.
(c)  A reassessment shall not be made later than three years from the date of the original assessment except in the case of fraud or undisclosed ownership of property.
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 H. Assessments › Section 63.337. Suit to Set Aside or Correct Assessment

Sec. 63.337.  SUIT TO SET ASIDE OR CORRECT ASSESSMENT.  (a)  A property owner with an assessment or reassessment against him or his property may bring suit within 20 days after the assessment or reassessment in any court with jurisdiction to set aside or correct the assessment or reassessment or any proceeding with reference to the assessment or reassessment due to any error or invalidity.
(b)  The cost of a suit to set aside or correct an assessment or reassessment shall be paid by the loser of the litigation.
(c)  After the 20-day period following the assessment or reassessment, the owner or his heirs, assigns, or successors do not have a right of action or a defense of invalidity of the assessment or reassessment in any action in which the assessment or reassessment is in question, except in case of 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 H. Assessments › Section 63.338. Delinquent Assessments

Sec. 63.338.  DELINQUENT ASSESSMENTS.  (a)  Not later than August 1 of each year, the assessor and collector shall prepare a delinquent roll showing all delinquencies in the payment of the assessments.
(b)  The assessor and collector shall post the delinquent roll in the district office for at least 20 days.
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 H. Assessments › Section 63.339. Suit for Collection

Sec. 63.339.  SUIT FOR COLLECTION.  (a)  After the delinquent roll has been posted in the district office for 20 days, the attorney for the district may file suit for collection in any court with jurisdiction.
(b)  An attorney's or collection fee of 10 percent on the amount of principal and interest due at the time of filing the suit shall accrue against the property owner and shall be charged as costs of court.  The attorney's or collection fee is collectible against the property owner and the property from the date of the filing of the suit.
(c)  Except as otherwise provided in this section, the suit shall be filed and prosecuted in the same manner as suits for the collection of delinquent ad valorem taxes.
(d)  It is not necessary in the suit to specifically plead and prove the orders, notices, rules, and regulations of the commission relating to the assessment or reassessment.  It is sufficient for the petition or other pleading to allege that the proceedings with reference to the making of the improvements and the assessments or reassessments were held in compliance with the law and that all prerequisites to the fixing of the assessment lien on the assessed property and the personal liability of the owner were performed.
Acts 1971, 62nd Leg., p. 110, 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 63.340. Sale of Property to Satisfy Judgment

Sec. 63.340.  SALE OF PROPERTY TO SATISFY JUDGMENT.  The district may purchase any property at a sale to satisfy a judgment in favor of the district on a delinquent assessment or reassessment, if the district is the best bidder.
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 H. Assessments › Section 63.341. Rules and Regulations

Sec. 63.341.  RULES AND REGULATIONS.  The commission may adopt any necessary rules, regulations, and orders, which are not inconsistent with the provisions of this chapter, for the purpose of carrying out the provisions of the chapter relating to assessments, reassessments, and the collection of assessments.
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 I. Annexation › Section 63.371. Annexation Authority

Sec. 63.371.  ANNEXATION AUTHORITY.  A district created under this chapter or converted from a district created under Article III, Section 52 of the Texas Constitution, into a conservation and reclamation district under Article XVI, Section 59 of the Texas Constitution, may extend its boundaries and annex adjacent territory.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.372. Petition

Sec. 63.372.  PETITION.  Before territory is annexed to the district, a petition signed by 50 or a majority of the electors residing in the adjacent territory proposed to be annexed shall be presented to the commission requesting an election in the adjacent territory to determine whether or not the territory will be annexed and whether or not it will assume its pro rata part of the outstanding bonded debt of the district.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.373. Scheduling Petition for Hearing; Notice

Sec. 63.373.  SCHEDULING PETITION FOR HEARING;  NOTICE.  (a)  After a petition is presented under Section 63.372 of this code, the commission shall set the petition for a hearing to be held within 10 days from the date of presentation of the petition.
(b)  Notice of the hearing shall be posted at three public places in the territory proposed to be annexed for at least five days before the hearing on the petition.  The notice shall include the time and place of the hearing and the boundaries of the territory proposed to be annexed.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.374. Hearing

Sec. 63.374.  HEARING.  The commission shall hold the hearing on the subject of annexation of adjacent territory by the district, and any person who has taxable property in the territory proposed to be annexed may appear in person or by counsel and offer testimony or argument for or against the inclusion of all or any part of the land proposed to be annexed.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.375. Election Order

Sec. 63.375.  ELECTION ORDER.  If after the hearing the commission finds that inclusion of the territory proposed to be annexed would be a direct benefit to all the land in that territory, the commission shall order an election to be held in the territory proposed to be annexed.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.376. Notice of Election

Sec. 63.376.  NOTICE OF ELECTION.  (a)  The election shall be held not less than 20 nor more than 30 days from the day of the election order and after notice is given.
(b)  Notice of the election shall be published once a week for 20 days immediately preceding the election in some newspaper published in the territory proposed to be annexed.  If no newspaper is published in the territory, notice shall be posted in three public places inside the territory for at least 20 days immediately preceding the election.
(c)  The notice:
(1)  shall give the time and place or places for holding the election;
(2)  shall give the boundaries of the territory proposed to be annexed;  and
(3)  may contain the substance of the order of the commission ordering the election.
(d)  The secretary of the commission shall have the notice published or posted.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.377. Ballots

Sec. 63.377.  BALLOTS.  The ballots for the election shall be printed to allow for voting for or against:  "Annexation to the navigation district" and "Assumption of a pro rata part of the bonded debt of the navigation district."
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.378. Election Officials

Sec. 63.378.  ELECTION OFFICIALS.  The commission shall appoint one judge and two clerks for each election box or place to hold the election.  The judge and clerks shall be electors in the territory proposed to be annexed and shall reside near the place for holding the election.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 63 - Self-Liquidating Navigation Districts › Subchapter I. Annexation › Section 63.379. Canvass of Vote; Entry of Order

Sec. 63.379.  CANVASS OF VOTE;  ENTRY OF ORDER.  (a)  The election judges shall certify the election returns to the commission, and the commission shall canvass the returns.
(b)  If a majority of the electors voting at the election favor annexation and assumption of the pro rata part of the bonded debt of the district, the commission shall enter an order in its minutes annexing the territory, and from and after the entry of the order, the annexed territory shall be a part of the district with all the rights, benefits, and burdens of property originally situated in the district.
(c)  If a majority of the electors voting at the election favor annexation and the proposition to assume the bonded debt fails to carry, the commission shall enter an order in its minutes annexing the territory to the district, and from and after the entry of the order, the annexed territory shall be a part of the district with the exception of the assumption of the outstanding bonded indebtedness.  The annexed territory shall be subject to a tax for maintenance and operation and shall be liable for all other bonded indebtedness and other indebtedness thereafter legally imposed by the district.
(d)  After an order of annexation has been entered in the minutes of the commission, a certified copy of the order shall be prepared by the secretary of the commission and shall include the boundaries of the territory annexed.  The secretary shall record the order or have it recorded in the real estate records of the county or counties in which the territory is located.
Added by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 4, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter A. General Provisions › Section 65.001. Definitions

Sec. 65.001.  DEFINITIONS.  In this chapter:
(1)  "District" means a special utility district operating under this chapter.
(2)  "Board" means the board of directors of a district.
(3)  "Director" means a member of the board of directors of a district.
(4)  "Commission" means the Texas Natural Resource Conservation Commission.
(5)  "Executive director" means the executive director of the Texas Natural Resource Conservation Commission.
(6)  "Public agency" means any city, the United States and its agencies, the State of Texas and its agencies, and any district or authority created under Article XVI, Section 59, or Article III, Sections 52(b)(1) and (2), of the Texas Constitution.
(7)  "City" means any incorporated city or town.
(8)  "Extraterritorial jurisdiction" means the extraterritorial jurisdiction of a city as determined under Chapter 42, Local Government Code.
(9)  "Sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing grade, or altering the construction to provide comparable replacement without enhancing the facility, after deducting the net salvage value derived from the old facility.
(10)  "Water supply or sewer service corporation" means any member-owned, member-controlled, nonprofit water supply or sewer service corporation created and operating under Chapter 67, that:
(A)  provides water supply services to noncontiguous subdivisions in two or more counties, at least one of which counties has a population greater than 3.3 million;  or
(B)  is providing the services of a water supply or sewer service corporation under a certificate of convenience and necessity issued by the commission or a predecessor agency.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1985, 69th Leg., ch. 795, Sec. 1.153, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 149, Sec. 47, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.082, eff. Aug. 12, 1991;  Acts 1997, 75th Leg., ch. 474, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 18.67, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 320, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 669, Sec. 150, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.011. Creation of District

Sec. 65.011.  CREATION OF DISTRICT.  A special utility district may be created under and subject to the authority, conditions, and restrictions of, and is considered a conservation and reclamation district under Article XVI, Section 59, of the Texas Constitution.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.012. Purposes of District

Sec. 65.012.  PURPOSES OF DISTRICT.  A district may be created:
(1)  to purchase, own, hold, lease, and otherwise acquire sources of water supply;  to build, operate, and maintain facilities for the transportation of water;  and to sell water to towns, cities, and other political subdivisions of this state, to private business entities, and to individuals;
(2)  for the establishment, operation, and maintenance of fire-fighting facilities to perform all fire-fighting activities within the district;  or
(3)  for the protection, preservation, and restoration of the purity and sanitary condition of water within the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 2003, 78th Leg., ch. 494, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.013. Composition of District

Sec. 65.013.  COMPOSITION OF DISTRICT.  (a)  A district may include the area in all or part of any one or more counties including all or part of any cities and other public agencies.
(b)  The land composing a district is not required to be contiguous, but may consist of separate bodies of land separated by land that is not included in the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.014. Certified Resolution Seeking Creation of District

Sec. 65.014.  CERTIFIED RESOLUTION SEEKING CREATION OF DISTRICT.  (a)  If creation of a district is proposed by a water supply or sewer service corporation, a certified copy of a resolution requesting creation must be filed with the commission.
(b)  The resolution shall be signed by the president and secretary of the board of directors of a water supply or sewer service corporation and shall state that the water supply or sewer service corporation, acting through its board of directors, has found that it is necessary and desirable for the water supply or sewer service corporation to be converted into a district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1999, 76th Leg., ch. 320, Sec. 2, eff. Aug. 30, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.015. Contents of Resolution

Sec. 65.015.  CONTENTS OF RESOLUTION.  In addition to the requirements stated in Section 65.014, the resolution shall:
(1)  describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a recorded map or plat and survey of the area, or by any other commonly recognized means in a certificate attached to the resolution executed by a registered professional engineer;
(2)  state the general nature of the services presently performed by the water supply or sewer service corporation, the general nature of the services proposed to be provided by the district, and the necessity for the services provided by the district;
(3)  include a name of the district that is generally descriptive of the location of the district followed by the words special utility district, but may not be the same name as any other district in the same county;
(4)  include the names of not less than five and not more than 11 qualified persons to serve as the initial board of directors of the district;  and
(5)  specify each purpose for which the district is being established.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1999, 76th Leg., ch. 320, Sec. 2, eff. Aug. 30, 1999;  Acts 2003, 78th Leg., ch. 494, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.016. Consent of City

Sec. 65.016.  CONSENT OF CITY.  A district may operate within the corporate limits of a city or within the extraterritorial jurisdiction of a city, provided that a city may require that the district construct all facilities to serve the land in accordance with plans and specifications that are approved by the city.  The city may also require that the city be entitled to inspect facilities being constructed by a district within the corporate limits or extraterritorial jurisdiction of the city.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.018. Notice and Hearing on District Creation

Sec. 65.018.  NOTICE AND HEARING ON DISTRICT CREATION.  If a resolution is filed under Section 65.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a hearing on the application if the commission determines that a hearing is necessary under Section 49.011.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1997, 75th Leg., ch. 1070, Sec. 40, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.020. Hearing

Sec. 65.020.  HEARING.  (a)  If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and accept evidence on the sufficiency of the resolution and whether or not the request for conversion for each purpose specified in the resolution, as required by Section 65.015, is feasible and practicable and is necessary and would be a benefit to all or any part of the land proposed to be included in the district.  The commission may only consider a purpose for which the district is being created that is specified in the resolution.
(b)  The commission has jurisdiction to determine all issues on the sufficiency of the resolution and the creation of the district.
(c)  The hearing may be adjourned from day to day, and the commission may make all incidental orders necessary with respect to the matters before it.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1997, 75th Leg., ch. 1070, Sec. 41, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1244 (H.B. 1673), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.021. Granting or Refusing Creation of District

Sec. 65.021.  GRANTING OR REFUSING CREATION OF DISTRICT.  (a)  If the commission finds that the resolution conforms to the requirements of Section 65.015, the request for conversion is feasible and practicable, and each purpose for which the district is created is necessary and would be a benefit to the land proposed to be included in the district, the commission shall make these findings in an order and shall authorize the creation of the district for the purpose or purposes specified in the resolution, as required by Section 65.015, on approval at the confirmation and directors' election called and held under this subchapter.
(b)  In determining if the request for conversion is feasible and practicable and if each purpose for which the district is created is necessary and would be a benefit to the land included in the district, the commission shall consider:
(1)  the availability of comparable service from other systems, including water districts, municipalities, and regional authorities;
(2)  the reasonableness of projected construction costs, if any, tax rates, and water and sewer rates; and
(3)  whether or not the district and its system and subsequent development within the district will have an unreasonable effect on the following:
(A)  land elevation;
(B)  subsidence;
(C)  groundwater level within the region;
(D)  recharge capability of a groundwater source;
(E)  natural runoff rates and drainage; and
(F)  water quality.
(c)  If the commission finds that not all of the land proposed to be included in the district will be benefited by the creation of the district, the commission shall formally make this finding and shall exclude all land that is not benefited from the proposed district and shall redefine the proposed district's boundaries accordingly.
(d)  If the commission finds that the resolution does not conform to the requirements of Section 65.015 of this code, the request for conversion is not feasible or practicable, or a purpose for which the district is created is not necessary or a benefit to the land in the district, the commission shall make this finding in its order and shall deny the creation of the district.
(e)  A copy of the order of the commission granting or denying the request for conversion stated in the resolution must be mailed to each city that has extraterritorial jurisdiction in a county in which the proposed district is located and that requested notice of hearing as provided by Section 65.019 of this code.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1997, 75th Leg., ch. 1070, Sec. 42, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1244 (H.B. 1673), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.022. Temporary Directors

Sec. 65.022.  TEMPORARY DIRECTORS.  If the commission authorizes the creation of the district, it shall appoint those persons whose names are listed in the resolution filed with the commission by the water supply or sewer service corporation to serve as temporary directors until initial directors are elected as provided by this subchapter.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1999, 76th Leg., ch. 320, Sec. 2, eff. Aug. 30, 1999.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter B. Creation of District; Conversion of District › Section 65.023. Appeal From Order of Commission

Sec. 65.023.  APPEAL FROM ORDER OF COMMISSION.  A city or a person who appeared in person or by attorney and offered testimony for or against the creation of the district, may appeal from the order of the commission authorizing or refusing the creation of the district.  The appeal must be made within 30 days after the entry of the order.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter C. Administrative Provisions › Section 65.101. Board of Directors

Sec. 65.101.  BOARD OF DIRECTORS.  A district is governed by a board of not less than five and not more than 11 directors.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter C. Administrative Provisions › Section 65.102. Qualifications for Directors

Sec. 65.102.  QUALIFICATIONS FOR DIRECTORS.  To be qualified to serve as a director, a person must be:
(1)  at least 18 years old;
(2)  a resident citizen of this state;  and
(3)  either own land subject to taxation in the district, be a user of the facilities of the district, or be a qualified voter of the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter C. Administrative Provisions › Section 65.103. Election of Directors; Terms of Office

Sec. 65.103.  ELECTION OF DIRECTORS;  TERMS OF OFFICE.  (a)  The persons receiving the highest number of votes at each election shall serve as directors of the district.
(b)  The terms of the directors may run concurrently, or may be staggered, but in any event, the term of office of a director may not exceed three years.
(c)  The method for determining the initial terms for each of the directors constituting the initial board shall be determined by the temporary directors, and the terms must be clearly stated on the ballot for the confirmation and directors' election.
(d)  Notwithstanding Sections 41.001 and 41.003, Election Code, the board may hold an election to elect directors on any date determined by the board.  The terms of directors must be stated on the ballot.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985;  Acts 1995, 74th Leg., ch. 715, Sec. 35, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1070, Sec. 43, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.201. Powers

Sec. 65.201.  POWERS.  (a)  A district has the functions, powers, authority, and rights that will permit accomplishment of the purposes for which it is created.
(b)  A district may purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes for which it was created, including works, improvements, facilities, plants, equipment, and appliances incident, helpful, or necessary to:
(1)  supply water for municipal uses, domestic uses, power and commercial purposes, and other beneficial uses or controls;
(2)  collect, transport, process, dispose of, store, and control domestic, industrial, or communal wastes whether in fluid, solid, or composite state;
(3)  gather, conduct, divert, and control local storm water or other local harmful excesses of water in the district;
(4)  irrigate the land in a district;
(5)  alter land elevation in a district where it is needed;  and
(6)  provide fire-fighting services for the inhabitants of the district.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.203. Solid Waste

Sec. 65.203.  SOLID WASTE.  A district may collect solid waste and may purchase, construct, acquire, own, operate, maintain, repair, improve, and extend a solid waste collection and disposal system inside and outside the district and may make proper charges for its facilities or services provided by the system.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.205. Adopting Rules

Sec. 65.205.  ADOPTING RULES.  A district may adopt and enforce reasonable rules to:
(1)  secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts of its sanitary sewer system;
(2)  preserve the purity and 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 easement owned or controlled by the district;
(5)  provide and regulate a safe and adequate freshwater distribution system;  and
(6)  ensure adequate safeguards in the performance of the district's fire-fighting activities.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.206. Effect of Rules

Sec. 65.206.  EFFECT OF RULES.  After the required publication, rules adopted by the district under Section 65.205 of this code shall be recognized by the courts as if they were penal ordinances of a city.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.207. Publication of Rules

Sec. 65.207.  PUBLICATION OF RULES.  (a)  The board shall publish a substantive statement of each rule and the penalty for its violation once a week for two consecutive weeks in one or more newspapers with general circulation in the area in which the district is located.
(b)  The substantive statement shall be condensed as far as possible to intelligently explain the purpose to be accomplished or the act forbidden by each rule.
(c)  The notice must advise that breach of a rule will subject the violator to a penalty and that the full text of each rule is on file in the principal office of the district at which it may be read by any interested person.
(d)  Any number of rules may be included in one notice.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.208. Effective Date of Rules

Sec. 65.208.  EFFECTIVE DATE OF RULES.  The penalty for violation of a rule is not effective and enforceable until five days after the last publication of the notice.  Five days after the last publication, the published rule takes effect and ignorance of the rule is not a defense to a prosecution for the enforcement of the penalty.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter D. General Powers and Duties › Section 65.235. Prohibition on Assessment or Collection of Taxes

Sec. 65.235.  PROHIBITION ON ASSESSMENT OR COLLECTION OF TAXES.  Section 49.107 does not apply to a district created under this chapter.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 36, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.501. Issuance of Bonds and Notes

Sec. 65.501.  ISSUANCE OF BONDS AND NOTES.  The district may issue its bonds or notes for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, and appliances needed to accomplish the purposes listed in Section 65.012 of this code, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, storm sewer system, solid waste disposal system, or to provide for solid waste collection or fire-fighting services and facilities.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.502. Form of Bonds and Notes

Sec. 65.502.  FORM OF BONDS AND NOTES.  (a)  A district may issue its bonds or notes in various series or issues.
(b)  Bonds or notes shall mature serially or otherwise not more than 40 years from their date and shall bear interest at any rate permitted by the constitution and laws of this state.  The board shall determine the maturity and the interest rate of the bonds and notes.
(c)  A district's bonds, notes, and interest coupons, if any, are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest.  The board may make the bonds redeemable before maturity, at the option of the district, or may include in the bonds a mandatory redemption provision.
(d)  A district's bonds or notes may be issued in the form, denominations, and manner and under the terms, conditions, and details, and must be signed and executed, as provided by the board in the resolution or order authorizing the issuance of the bonds or notes.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 65 - Special Utility Districts › Subchapter G. Issuance of Bonds and Notes › Section 65.503. Manner of Repayment of Bonds or Notes

Sec. 65.503.  MANNER OF REPAYMENT OF BONDS OR NOTES.  The board may provide for the payment of principal of and interest and redemption price, if any, on the bonds or notes by pledging all or any part of the designated revenues to result from the ownership or operation of the district's works, improvements, facilities, plants, equipment, and appliances or under specific contracts for the period of time the board determines.
Added by Acts 1983, 68th Leg., p. 2448, ch. 435, Sec. 4, eff. Aug. 29, 1983.  Amended by Acts 1985, 69th Leg., ch. 447, Sec. 1, eff. Nov. 15, 1985.