WATER CODE
CHAPTER 56. DRAINAGE DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 56.001. DEFINITIONS. In this chapter:
(a) "District" means any drainage district organized
under this chapter.
(b) "Board" means the governing body of a drainage
district.
(c) "Commissioners court" means the commissioners
court of the county in which the district is organized.
Acts 1971, 62nd Leg., p. 497, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION TO ARTICLE XVI,
SECTION 59, DISTRICT
§ 56.011. CREATION OF DISTRICT. A drainage district may
be created in the manner prescribed by this subchapter, either
under and subject to the limitations of Article III, Section 52, of
the Texas Constitution, or under Article XVI, Section 59, of the
Texas Constitution.
Acts 1971, 62nd Leg., p. 498, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.012. NAME OF EACH DISTRICT. The name of each
district shall include the name of the county in which it is located
and each district shall be numbered in consecutive order.
Acts 1971, 62nd Leg., p. 498, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.013. AREA INCLUDED IN A DISTRICT. A district may
include all or part of any village, town, or municipal corporation,
but land included in one district may not be included in any other
drainage district.
Acts 1971, 62nd Leg., p. 498, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.014. PETITION. (a) Any person may present a
petition to the commissioners court requesting the creation of a
district. The petition shall be signed by at least 25 of the
resident freehold taxpayers of the proposed district, or by at
least one-third of the resident freehold taxpayers of the district
if there are less than 75 of them, whose land might be affected by
creation of the district.
(b) The petition shall state:
(1) the necessity, public utility, and feasibility of
the proposed district;
(2) the proposed boundaries of the district; and
(3) the proposed name for the district.
Acts 1971, 62nd Leg., p. 498, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.015. DEPOSIT. (a) Any person filing a petition
shall deposit with the clerk of the commissioners court cash, in an
amount to be determined by the county election officer, which shall
be held by the clerk until the result of the election to create the
district and issue bonds is officially announced.
(b) If the result of the election favors creating the
district, the clerk shall return the deposit to the petitioners or
their agent or attorney, but if the result of the election is
against the creation of the district, the clerk shall pay the cost
and expenses of the election from the deposit with vouchers signed
by the county judge and return the balance of the deposit to the
petitioners or their agent or attorney.
Acts 1971, 62nd Leg., p. 498, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 1, eff. Sept. 1,
2001.
§ 56.016. TIME OF HEARING. At the same meeting at which
the petition is presented, the commissioners court shall schedule a
hearing on the petition at a regular or special meeting of the
commissioners court. The hearing must be held during the period
beginning on the 30th day and ending with the 60th day after the day
the petition is presented.
Acts 1971, 62nd Leg., p. 498, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.017. NOTICE. (a) The commissioners court shall
order the clerk to give notice of the time and place of the hearing
on the petition by posting a copy of the petition and order of the
commissioners court during the 20-day period immediately preceding
the day of the hearing in five public places in the county. The
clerk shall post one of the copies at the courthouse door and the
four other copies within the boundaries of the proposed district.
(b) The clerk is entitled to receive five cents a mile for
each mile necessarily traveled in posting the notices.
Acts 1971, 62nd Leg., p. 499, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.018. HEARING ON THE PETITION. At the hearing on
the petition, any person whose land would be affected by creating
the district may appear before the commissioners court and may
contest the creation of the district or contend for its creation.
The person may offer testimony to show that the district is or is
not necessary and would or would not be a public utility and that
creating the district would or would not be feasible or
practicable.
Acts 1971, 62nd Leg., p. 499, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.019. FINDINGS. (a) At the hearing on the
petition, if it appears to the commissioners court that drainage of
the proposed district is feasible and practicable and is needed and
would be conducive to public health or would be a public benefit or
a public utility, the commissioners court shall make findings to
this effect.
(b) If the commissioners court finds any of the issues in
Subsection (a) of this section in the negative, it shall dismiss the
petition at the cost of the petitioners.
(c) The findings of the commissioners court shall be
recorded.
Acts 1971, 62nd Leg., p. 499, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.020. ENGINEER. (a) If the findings of the
commissioners court under Section 56.019 of this code favor
creating the district, the commissioners court shall appoint a
competent civil engineer, who shall be entitled to as many
assistants as necessary.
(b) The engineer and his assistants are entitled to the
compensation and allowances for transportation, supplies, and
other expenses agreed on by the engineer and the commissioners
court.
Acts 1971, 62nd Leg., p. 499, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.021. ENGINEER'S BOND. The engineer shall execute a
bond for $500 with two or more sureties approved by the
commissioners court, payable to the county judge for the use and
benefit of the district, conditioned on the faithful performance of
his duties under this chapter.
Acts 1971, 62nd Leg., p. 499, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.022. SURVEY AND PRELIMINARY PLANS. (a) Within
the time prescribed by the commissioners court, the engineer shall
make a careful survey of the land proposed to be drained and
protected by levees. For the purposes of the survey, the engineer
may go on land located inside or outside the district, including
land located in a different county.
(b) The engineer shall obtain information regarding land
and outlets inside the proposed district from the Texas Natural
Resource Conservation Commission and from other sources, and he
shall cooperate with the Texas Natural Resource Conservation
Commission in the discharge of its duties.
(c) The engineer shall use the survey to make preliminary
plans:
(1) locating approximately the necessary canals,
drains, ditches, laterals, and levees;
(2) designating the streams and bayous necessary to be
cleaned, deepened, and straightened;
(3) estimating the cost in detail of each contemplated
improvement; and
(4) estimating the probable annual cost of maintaining
the improvements.
(d) The engineer shall ascertain and procure proper and
necessary outlets for the proposed canals, drains, and ditches
necessary to drain the district.
(e) The engineer shall immediately make a report of his work
to the commissioners court.
Acts 1971, 62nd Leg., p. 499, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1981, 67th Leg., p. 982, ch. 367, § 29, eff. June
10, 1981; Acts 1985, 69th Leg., ch. 795, § 1.146, eff. Sept. 1,
1985; Acts 1995, 74th Leg., ch. 76, § 11.331, eff. Sept. 1,
1995.
§ 56.023 MAP. (a) The engineer shall include with his
report a map showing:
(1) the beginning point and outlets of canals, drains,
ditches, and laterals;
(2) the length, width, depth, and slopes of the banks
of any cut or excavation and the estimated number of cubic yards of
earth necessary to be removed from each; and
(3) the location and size of levees and the estimated
number of cubic yards of earth necessary to construct them.
(b) The engineer will comply sufficiently with Subsection
(a) of this section if he describes the boundaries and provides the
other information required by that subsection on a copy of the
official land office map of the county in which the proposed
district is located.
Acts 1971, 62nd Leg., p. 500, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.024. HEARING ON PRELIMINARY REPORT. (a) At the
first regular or special meeting of the commissioners court after
the engineer files his preliminary report with the clerk, the
commissioners court shall schedule the report for hearing at a
regular or special meeting, which must be held during the period
beginning on the 20th day and ending with the 30th day after the day
the commissioners court schedules the hearing.
(b) The clerk shall post notice of the hearing on the
preliminary report in the manner provided in Section 56.017 of this
code.
(c) At the hearing, any resident or nonresident freehold
taxpayer whose land may be affected by the improvements, may appear
and object to any of the improvements because they are not located
at the proper places or they are not sufficient in number or
capacity to properly drain the territory.
Acts 1971, 62nd Leg., p. 500, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.025. CHANGING THE PRELIMINARY REPORT. (a) The
commissioners court may change the location of any improvement
shown in the preliminary report or may add to or reduce the number
of improvements. The commissioners court may order the engineer to
locate any additional canals, drains, ditches, or levees for the
purpose of conducting water from the land of the district or to
prevent overflow of water from streams or other bodies of water onto
the land of the district to be drained.
(b) The commissioners court may refer the entire
preliminary report to the engineer for compliance with its orders
and may require the engineer to submit a further report.
(c) If material changes or alterations are made in the
preliminary report, the clerk shall give notice, and the
commissioners court shall hold a hearing in the manner provided for
the original preliminary report.
Acts 1971, 62nd Leg., p. 500, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.026. ADOPTING THE PRELIMINARY REPORT. If there are
no objections to the preliminary report or if the commissioners
court finds that objections to the report are not valid, the report
shall be approved and the approval entered in the minutes.
Acts 1971, 62nd Leg., p. 501, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.032. AUTHORIZING EXISTING DISTRICTS TO OPERATE
UNDER ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION. (a) Any
existing district may be authorized to operate under the provisions
of Article XVI, Section 59, of the Texas Constitution without
change of name or impairment of obligations.
(b) To operate under Article XVI, Section 59, of the Texas
Constitution, the board must adopt a resolution proposing the
change and schedule a hearing on the resolution. The hearing must
be held not earlier than the 30th day but not later than the 60th day
after the date the resolution is adopted. The board shall give
notice of the time and place of the hearing on the resolution by
posting a copy of the resolution for at least the 20 days preceding
the date of the hearing in five public places in the county. One of
the copies shall be posted on the courthouse door and the other
copies shall be posted within the boundaries of the district.
Following the hearing, the board may adopt a resolution authorizing
the district to operate under the provisions of Article XVI,
Section 59, of the Texas Constitution.
(c) Any district operating under the provisions of this
section is governed and controlled by the laws under which it was
organized.
(d) Limitations imposed by Article III, Section 52, of the
Texas Constitution and this chapter on debts to be incurred and
taxes to be levied are not applicable to districts operating under
Article XVI, Section 59, of the Texas Constitution.
Acts 1971, 62nd Leg., p. 502, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 2, eff. Sept. 1,
2001.
§ 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The
landowners of a defined area of territory not included in a district
may file with the commissioners court a petition requesting an
election on the creation of a district. The petition must:
(1) be signed by registered voters residing in the
territory equal in number to at least five percent of the number of
votes received in the territory to be included by all candidates in
the most recent gubernatorial general election; and
(2) describe by metes and bounds the territory to be
included in the district.
(b) The commissioners court shall call and hold a hearing to
determine if the petition meets the requirements of Subsection (a).
(c) If the commissioners court determines the petition
meets the requirements of Subsection (a), the court shall order an
election held in the proposed district to determine whether or not
the district should be created and whether or not the district
should issue bonds and levy taxes to pay for the bonds.
(d) The provisions of this subchapter, other than Section
56.019, govern the hearing and election.
Added by Acts 1995, 74th Leg., ch. 958, § 1, eff. June 16, 1995.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 56.061. CREATION OF BOARD. (a) A district is
governed by a board of three directors unless special law provides
otherwise.
(b) When a district is established, the commissioners court
shall appoint three directors for the district to serve until
permanent directors are elected.
Acts 1971, 62nd Leg., p. 502, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 1, eff. Sept. 1,
1999.
§ 56.062. ELIGIBILITY REQUIREMENTS FOR DIRECTORS. To
be eligible to serve as a director, a person must satisfy the
requirements of Section 141.001(a), Election Code.
Added by Acts 2001, 77th Leg., ch. 298, § 3, eff. Sept. 1, 2001.
§ 56.064. ELECTION OF DIRECTORS. (a) For any district
in which special law requires that directors be appointed, except
when the special law otherwise provides, on petition of a majority
of the real property taxpayers of a district requesting an election
of district directors, the commissioners court shall immediately
order an election to be held at the earliest legal time. The
election shall be held as other elections under Chapter 49.
(b) The first elected directors of the districts in Calhoun,
Matagorda, and Victoria Counties hold office until May 15 of the
next succeeding odd-numbered year. Subsequent directors of the
district are elected every two years on the first Saturday in May in
each odd-numbered year, for a term of two years beginning on May 15
following the election.
Acts 1971, 62nd Leg., p. 503, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1975, 64th Leg., p. 1847, ch. 575, § 1, 2, eff.
Sept. 1, 1975; Acts 1983, 68th Leg., p. 5216, ch. 951, § 10, eff.
Jan. 1, 1984; Acts 1987, 70th Leg., ch. 54, § 25(o), eff. Sept.
1, 1987; Acts 1989, 71st Leg., ch. 59, § 1, eff. May 5, 1989;
Acts 1995, 74th Leg., ch. 715, § 27, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 222, § 2, eff. Sept. 1, 1999.
§ 56.0641. ELECTION PROCEDURES. (a) In those
districts referred to in Subsection (b) of Section 56.064, until
otherwise ordered by the board of directors, the three persons
receiving the highest number of votes at each election are elected.
By order made before the 60th day preceding an election for
directors, the board of directors in those districts referred to in
Subsection (b) of Section 56.064 may order that the election of
directors for that district shall be by position or place,
designated as Place No. 1, Place No. 2, and Place No. 3. The order
shall designate the place numbers in relation to the directors then
in office, and these place designations shall be observed in all
future elections. The person receiving the highest number of votes
for each position or place is elected. Once the board of directors
has adopted the place system for election, neither that board nor
their successors may rescind the action.
(b) A person wishing to have his name printed on the ballot
as a candidate for director in those districts referred to in
Subsection (b) of Section 56.064 shall file a signed application
with the secretary of the board of directors not later than 5 p.m.
of the 31st day preceding the election.
(c) The board of directors in those districts referred to in
Subsection (b) of Section 56.064 shall order the election, appoint
the election judges, canvass the returns, and declare the results
of the election. In other respects, the procedures for conducting
the election and for voting are as specified in the Texas Election
Code. The expenses of holding the election shall be paid out of the
construction and maintenance fund of the district.
Added by Acts 1975, 64th Leg., p. 1847, ch. 575, § 3, eff. Sept.
1, 1975. Amended by Acts 1999, 76th Leg., ch. 222, § 3, eff.
Sept. 1, 1999.
§ 56.0642. APPLICABILITY TO SPECIAL LAW
DISTRICTS. Subsection (b) of Section 56.064 and Section 56.0641 of
this code apply to drainage districts created or governed by
special law where the special law expressly adopts the provisions
of Section 56.064 of this code or its predecessor statute (Article
8119, Revised Civil Statutes of Texas, 1925) or repeats its
provisions, without change in substance, as those provisions
existed at the time the special law was enacted; but they do not
apply to any district established, reestablished, or otherwise
affected by special law where the special law contains specific
provisions relating to the method of selecting the governing body
of the district which were at variance with the provisions of
Section 56.064 of this code or its predecessor at the time the
special law was enacted.
Added by Acts 1975, 64th Leg., p. 1848, ch. 575, § 4, eff. Sept.
1, 1975. Amended by Acts 1999, 76th Leg., ch. 222, § 4, eff.
Sept. 1, 1999.
§ 56.069. TRANSFER OF BOARD'S POWER TO COMMISSIONERS
COURT. (a) The functions, powers, rights, and duties exercised
by or relating to the board of any district may be transferred to
the commissioners court of the county in which the district is
wholly located, but before the transfer is made, the commissioners
court and the board must pass resolutions authorizing the transfer.
In any district in which the board is elected, the transfer may not
be made unless the transfer is approved by a majority of the voters
voting on that issue at an election held in the district.
(b) After the transfer is made, the commissioners court
shall be the sole governing body of the district and shall exercise
the functions, powers, rights, and duties transferred.
(c) The members of the commissioners court are not entitled
to receive any compensation for the exercise of these functions,
powers, rights, and duties.
(d) On the passage of a resolution at a meeting of the board
of the district, the commissioners court may be authorized to
receive an allowance of not more than $150 a month for travel
expense incurred by the commissioners incident to the discharge of
their duties as members of the board of the district.
Acts 1971, 62nd Leg., p. 504, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 1780, ch. 653, § 4, eff. June
16, 1973; Acts 2001, 77th Leg., ch. 298, § 4, eff. Sept. 1, 2001.
§ 56.082. HEARING; POWERS OF THE COMMISSIONERS
COURT. (a) Except as otherwise provided in this chapter, the
commissioners court has exclusive jurisdiction to hear and
determine:
(1) contests and objections to creating a district;
(2) matters relating to creating a district; and
(3) all proceedings of a district during its
organization.
(b) The commissioners court may adjourn a hearing from day
to day, and the judgment of the commissioners court rendered under
Subsection (a) of this section is final.
Acts 1971, 62nd Leg., p. 506, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 5, eff. Sept. 1,
1999.
SUBCHAPTER D. POWERS AND DUTIES
§ 56.111. CONTROL AND REPAIR OF DISTRICT
IMPROVEMENTS. The board may control and supervise the
construction and maintenance of canals, drains, ditches and levees,
and other improvements of the district and shall keep them in
repair.
Acts 1971, 62nd Leg., p. 506, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.115. DUTIES OF THE ENGINEER. (a) The engineer
shall make a map of the district showing:
(1) the boundary lines of the district;
(2) the original surveys within the boundaries of the
district; and
(3) the number of acres in an original survey which are
included in the district if the boundary lines of the district cross
the original survey.
(b) The engineer shall make maps and profiles of the canals,
drains, ditches, and levees located in the district and their
outlets extending beyond the boundaries of the district.
(c) A copy of the land office map of the county which shows
the name and number of each survey and the area or number of acres
within the district is sufficient to comply with the requirement
for a map of the district, and any recognized map of a city or town
in the district is sufficient to comply with the requirement for a
map of that city or town.
Acts 1971, 62nd Leg., p. 507, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.116. MAPS AND ESTIMATES. (a) The map and profile
shall include the relation that each canal, drain, ditch, or levee
bears to each tract of land through which it passes and the shape
into which the canal, drain, ditch, or levee divides each tract.
(b) If any canal, drain, ditch, or levee cuts off any tract
containing less than 20 acres of land, the map shall show:
(1) the number of acres divided from the tract;
(2) the number of acres in the whole tract;
(3) the shape of the small tract; and
(4) the relation of the small tract to the canal,
ditch, drain, or levee.
(c) The profile may show the number of cubic yards necessary
to be excavated to make each canal, drain, or ditch and to build any
levee located in the district and may give the estimated cost of
each.
(d) When the map, profile, and estimates are completed, the
engineer shall sign them in his official capacity and file them with
the clerk of the commissioners court.
Acts 1971, 62nd Leg., p. 507, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.120. RAILROAD CULVERTS. (a) At the expense of the
district, the board may construct necessary bridges and culverts
across or under a track or right-of-way of a railroad to enable the
district to construct and maintain a necessary canal, drain, or
ditch.
(b) Before the board constructs a bridge or culvert, the
board shall give notice to the railroad authorities authorized to
build or construct bridges and culverts and shall allow the
railroad 30 days to build the bridge or culvert at its own expense
and according to its own plans.
(c) Bridges or culverts shall be constructed so they will
not interfere with the free and unobstructed flow of water passing
through the canals and drains and shall be placed at points
designated by the engineer.
Acts 1971, 62nd Leg., p. 508, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.121. ROAD CULVERTS. The board shall build
necessary bridges and culverts across or over canals, drains,
ditches, laterals, and levees which cross a county or public road
and shall pay for the construction with funds of the district.
Acts 1971, 62nd Leg., p. 508, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.122. CONSTRUCTING BRIDGES AND CULVERTS IN CERTAIN
COUNTIES. (a) If it is necessary to build a bridge or culvert
across or over a state highway located in a county having a
population of more than 350,000 inhabitants, according to the last
preceding federal census, the board may construct or assist in
constructing the bridge or culvert.
(b) After the bridge or culvert is constructed, the board
may pay or may join with any county or other governmental agency or
subdivision to pay the expenses of making necessary and needed
repairs. The expenses shall be paid from the funds of the district.
Acts 1971, 62nd Leg., p. 508, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.123. CHANGE IN PLANS WITHOUT ADDITIONAL
EXPENDITURES. (a) After the board authorizes bonds to be issued,
the board may make changes in the district or its improvements which
will be an advantage to the district but which will not increase the
cost of the proposed work beyond the amount of bonds authorized.
(b) The board may make the changes by entering on their
minutes a notation of the changes, with the district maps and
profiles showing the changes. Notice of the changes shall be given
by publishing the notation with the book and page number of the
minutes for two consecutive weeks in a newspaper of general
circulation published in the English language in the county in
which the district is located.
Acts 1971, 62nd Leg., p. 509, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 6, eff. Sept. 1,
1999.
§ 56.124. CHANGE IN PLANS WITH ADDITIONAL
EXPENDITURES. (a) If the board decides that changes or additions
in the preliminary survey would be of advantage to the district but
would necessitate issuing additional bonds of the district, it
shall certify the need for additional bond authorization and file
the certification with maps and profiles prepared by the district
engineer showing the changes and their estimated cost in the
district office.
(b) At the first regular meeting after the documents are
filed, the board shall give notice of an election to determine
whether or not the changes and improvements should be made and shall
order the election held within the time and the returns made as
provided in the original election.
(c) If two-thirds of the electors of the district vote in
favor of the proposition, the board shall enter the approval in the
records and shall order the bonds issued as in the manner provided
for issuance of the original bonds.
Acts 1971, 62nd Leg., p. 509, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 7, eff. Sept. 1,
1999.
§ 56.125. ADDITIONAL IMPROVEMENTS. (a) After
completion of improvements, including bridges and culverts, and
after payment of all expenses, if surplus money or bonds remain to
the credit of the district, the board may order the engineer to make
a detailed report of additional or supplemental drains, ditches,
levees, or other surface drainage improvements, including tile
drainage, which are needed by the district. The engineer shall make
the report and the board shall act on the report in the manner
provided in this chapter for the initial report of the engineer.
(b) After the engineer's report is approved or modified by
the board, the board shall order an election to be held in the
district at the earliest legal time. The only proposition that may
be submitted at the election is whether or not the district will
construct additional improvements and pay for them with funds
currently available. A majority of those persons voting at the
election must approve the proposition for it to carry.
(c) Notice of the election shall be given, election
officials appointed, returns made and canvassed, and the result
declared as provided in Sections 56.027-56.031 of this code. The
notice of election shall state:
(1) the character and scope of the proposed
improvements;
(2) the estimated cost of the proposed improvements;
and
(3) the time and place for holding the election.
(d) The provisions of this chapter relating to awarding
contracts, constructing improvements, and the authority of the
board and the commissioners court to award contracts and construct
improvements apply as far as applicable to constructing and paying
for additional improvements.
(e) The estimated cost of the additional improvements may
not be more than the amount of surplus money or bonds to the credit
of the district.
Acts 1971, 62nd Leg., p. 509, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 8, eff. Sept. 1,
1999.
§ 56.126. CHANGES, ADDITIONS, AND IMPROVEMENTS. When
the board determines that a necessity exists, it may make changes
in, additions to, and improvements in the drainage system of the
district and shall pay for the changes, additions, and improvements
with funds collected under the provisions of Section 56.242 of this
code.
Acts 1971, 62nd Leg., p. 510, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.128. INJURING DRAINAGE CANAL OR DITCH. Any person
who wilfully fills up, cuts, injures, destroys, or impairs the
usefulness of any canal, drain, ditch, watercourse, or other work
constructed, repaired, or improved by a district to drain and
protect from overflow of water, upon conviction is punishable by
confinement in the county jail for not more than two months or by a
fine of not more than $1,000.
Acts 1971, 62nd Leg., p. 510, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 5, eff. Sept. 1,
2001.
§ 56.135. INTEREST IN DRAINAGE CONTRACT. A county
judge, county commissioner, director of the board, or drainage
engineer who becomes interested in any contract for construction of
any work by the district or in any fee paid by the district from
which he will receive money, consideration, or other thing of
value, upon conviction is punishable by confinement in the county
jail for not less than six months nor more than one year.
Acts 1971, 62nd Leg., p. 512, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 9, eff. Sept. 1,
1999.
§ 56.140. PUBLIC AND PRIVATE
IMPROVEMENTS. (a) Canals, drains, ditches, and levees which are
constructed by a district and watercourses which are cleaned or
constructed by a district are the public property of the district.
(b) A person who owns land in the district may drain into one
or more of the public drains, and at his own expense, the landowner
may make drains according to the natural slope of the land through
other lands intervening between his land and the nearest public
drain or watercourse or along any public highway.
(c) Before constructing any drains, the landowner shall
notify the board of his intention to construct a drain through
another person's land or along a public highway, and the directors
shall go on the premises and acting as a jury of view shall
determine the place for constructing the drain.
Acts 1971, 62nd Leg., p. 513, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.141. OUTSIDE DRAINS. (a) Before a person
artificially drains adjacent land located outside the district into
the canals, drains, or ditches of the district, the person must
submit a written application to the board, and the board must grant
permission to make the connections. The application shall include
the width, depth, and length of the connecting drains and ditches.
(b) When the application is filed with the board, the
engineer shall estimate the quantity of water which the connecting
drains or ditches would probably empty into the established canals
or drains and shall indicate whether or not the established canals
or drains have sufficient capacity to carry the excess water
without risk or damage to the canals, drains, or adjacent
territory. The engineer shall report to the board the result of his
examination and his estimate.
(c) Unless an agreement is reached with the applicants, the
board may authorize the connection on condition that the applicant
first pay to the construction and maintenance fund an amount of
money which bears the same ratio to the cost of the original canal
or drain from the point of connection to its outlet as the water to
be emptied into the canal or drain by the connecting drains bears to
the water then flowing into and being carried by the original canal
or drain as estimated by the engineer.
Acts 1971, 62nd Leg., p. 513, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 10, eff. Sept. 1,
1999.
§ 56.142. ENLARGEMENT OF CANALS, DRAINS, AND OTHER
OUTLETS. (a) If the engineer's report indicates that the
capacity of the canals, drains, or outlets of the district are
insufficient to carry the excess water that would be discharged
into them by connecting drains or that the additional discharge of
water will endanger the canals and drains or the lands and property
adjacent to them, the board may give the applicant permission to
construct connecting drains and secure the desired outlet on
condition that the applicant make necessary enlargements of the
canals and drains of the district at the applicant's own expense.
The increased capacity of the canals of the district shall be
sufficient to carry any increase of water caused by the connection
without danger to canals and drains or lands adjacent to them.
(b) The engineer shall supervise and direct the enlargement
of the canals and drains, and after the work is completed to his
satisfaction, the engineer shall report to the board under his
official certificate. The report shall show:
(1) the kind of work done;
(2) the extent of the work;
(3) the new capacity to be sufficient to carry excess
water from the connecting drain;
(4) the number of days spent by the engineer
supervising the work; and
(5) the amount due to the engineer for his services.
(c) On approving the engineer's report, the board shall
issue an order authorizing the connections to be made with the
canals and drains on payment of the amount due to the engineer as
shown by the engineer's report and shall order the applicant to pay
the engineer's salary.
Acts 1971, 62nd Leg., p. 514, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1999, 76th Leg., ch. 222, § 11, eff. Sept. 1,
1999.
§ 56.143. CONTRACT FOR IMPROVEMENTS WITH THE UNITED
STATES. (a) Any district which is converted under Section 56.032
of this code and which lies wholly within one county may enter into
contracts with the United States, including the Bureau of
Reclamation of the Department of Interior, to construct
improvements.
(b) The board must approve the project, plans and
specifications, and methods of constructing or reconstructing the
improvements.
(c) After approval, the board may execute a contract for a
specified number of years or until the plans or programs of the
district are completed and shall pay the obligations incurred under
the contract by issuing bonds that are approved by the voters in the
manner provided for issuing other bonds of the district. The board
shall deliver the bonds to the United States.
Acts 1971, 62nd Leg., p. 514, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.144. INTERLOCAL AGREEMENTS. A district created
pursuant to this chapter, special law or other general law may enter
into an interlocal agreement with another political subdivision to
accomplish the purposes set forth in Article III, Sections
52(b)(1), (2), and (3), of the Texas Constitution. In the event the
jurisdictional boundaries of two or more districts or political
subdivisions contain all or part of the same watershed of a waterway
and one or more of the other districts or political subdivisions
determines that the construction of improvements in the watershed
would be a public benefit and accomplish the purposes set forth in
Article III, Sections 52(b)(1), (2), and (3), of the Texas
Constitution, the district or political subdivision shall propose
an interlocal agreement to the governing bodies of the other
districts or political subdivisions sharing jurisdiction within
the watershed. If an interlocal agreement is not executed within
120 days from the date it is submitted to all of the districts and
political subdivisions sharing jurisdiction within the watershed,
the district or political subdivision proposing the improvements
may petition the commission for approval of the proposed
improvements. The commission shall conduct a hearing on the
proposed improvements and upon a finding that the improvements
would be a public benefit, shall approve the plan for the
improvements, and the district or political subdivision proposing
the improvements shall be authorized to implement the plan within
the boundaries of the other district or political subdivision.
Added by Acts 1995, 74th Leg., ch. 958, § 3, eff. June 16, 1995.
SUBCHAPTER E. GENERAL FISCAL PROVISIONS
§ 56.182. DISTRICT FUNDS. (a) The construction and
maintenance fund consists of money, effects, property, and proceeds
received by the district from any source except that portion of tax
collections necessary to pay principal and interest on bonded
indebtedness.
(b) The interest and sinking fund consists of that portion
of tax collections necessary for paying principal and interest on
bonded indebtedness, and this fund may be invested for the benefit
of the district as provided by law.
(c) Each fund shall be held for the purpose for which it was
created, and if money is improperly paid from either fund, the board
may transfer money in the two funds to restore the fund which was
improperly used.
Acts 1971, 62nd Leg., p. 515, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 6, eff. Sept. 1,
2001.
SUBCHAPTER F. ISSUANCE OF BONDS AND NOTES
§ 56.201. AUTHORITY TO ISSUE BONDS. Any district may
issue bonds as provided in this chapter to pay for drainage
improvements.
Acts 1971, 62nd Leg., p. 515, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.202. ISSUANCE OF BONDS. When maps, profiles, and
estimates are filed, the board shall issue an order directing the
issuance of bonds sufficient to pay for proposed improvements
together with necessary, actual, and incidental expenses. The
bonds may not be issued in an amount greater than the amount
specified in the order and notice of election, and in districts
operating under Article III, Section 52, of the Texas Constitution,
the bonds may not be issued in an amount greater than one-fourth of
the assessed valuation of the real property of the district.
Acts 1971, 62nd Leg., p. 516, ch, 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 7, eff. Sept. 1,
2001.
§ 56.203. RECORD BOOK FOR BONDS. (a) Before any bonds
are issued, the board shall provide a well-bound book in which the
board shall keep a record of:
(1) all bonds which have been issued;
(2) the numbers of the bonds;
(3) the amount of the bonds;
(4) the rate of interest on the bonds;
(5) the date of issuance of the bonds;
(6) the date on which the bonds are due;
(7) the place where the bonds are payable;
(8) the amount received for the bonds;
(9) the annual rate of assessment to pay interest on
and provide a sinking fund for the bonds; and
(10) the payment of each bond.
(b) The board shall keep the book open at all times for
public inspection by district taxpayers and bondholders.
Acts 1971, 62nd Leg., p. 516, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 7, eff. Sept. 1,
2001.
§ 56.204. BONDS: REQUISITES. (a) Bonds shall be
issued in the name of the district, signed by the board president,
and attested by the board secretary, and each bond shall have the
seal of the district affixed to it.
(b) The bonds shall be issued in denominations and shall
bear interest as authorized by the board.
(c) The terms of the bonds shall include the time, places,
manner, and conditions of payment and the rate of interest
determined and ordered by the board.
(d) The bonds shall be paid not later than 40 years from the
date they are issued.
Acts 1971, 62nd Leg., p. 516, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 8, eff. Sept. 1,
2001.
§ 56.205. BONDS: APPROVAL. (a) After the bonds are
sold, the district shall submit to the attorney general:
(1) the actual bonds;
(2) a certified copy of the board's order levying a tax
to pay interest and create a sinking fund;
(3) a statement of the district's total bonded
indebtedness including the value of the bonds proposed to be issued
and the value of taxable property in the district as shown by the
last official assessment of the appraisal district in which the
district participates; and
(4) other information the attorney general requires.
(b) The attorney general shall examine the bonds carefully
and shall certify them if he finds that they conform to the
constitution and laws of this state and are valid and binding
obligations of the district.
Acts 1971, 62nd Leg., p. 516, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 9, eff. Sept. 1,
2001.
§ 56.207. BONDS: SALE. (a) The board shall advertise
and sell the bonds on the best terms and for the best price
possible.
(b) The board shall deposit all money from the sale of the
bonds as it is received into the construction and maintenance fund
of the district.
Acts 1971, 62nd Leg., p. 517, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 10, eff. Sept. 1,
2001.
§ 56.209. USE OF UNSOLD BONDS FOR MAINTENANCE
PURPOSES. If any bonds remain unsold which are not required to
complete improvements, the board may enter its consent on the
public record to sell the bonds and place the proceeds in the
construction and maintenance fund for use in accomplishing the
purposes stated in Section 56.242 of this code.
Acts 1971, 62nd Leg., p. 517, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 10, eff. Sept. 1,
2001.
§ 56.210. REFUNDING BONDS. (a) A district may refund
outstanding bonds by issuing new bonds as provided by Chapter 1207,
Government Code.
(b) The district shall issue the bonds in denominations to
be determined by the board and shall levy a tax sufficient to meet
the payment of principal and interest of the refunding bonds before
the bonds are delivered.
Acts 1971, 62nd Leg., p. 518, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 10, eff. Sept. 1,
2001.
§ 56.211. REFUNDING BOND ELECTION. (a) If
indebtedness to be refunded includes obligations other than voted
bonds, in any district operating under Article III, Section 52, or
Article XVI, Section 59, of the Texas Constitution, before the
refunding bonds may be issued, a majority of the electors of the
district voting at an election called for that purpose must vote in
favor of issuing the refunding bonds and levying a tax to pay for
the bonds.
(b) The board shall call the election and the secretary of
the board shall give notice of the time and places for holding the
election.
(c) The notice shall be signed by the secretary and shall
(1) state the purpose of the election;
(2) state the proposition to be voted on;
(3) define the election precincts;
(4) prescribe the polling places in the district; and
(5) list the names of the election officers.
(d) The notice shall be published once a week for three
consecutive weeks in a newspaper of general circulation in the
county in which the district is located, but if a newspaper is not
published in the county, the notice shall be published in the
nearest county. The first publication shall be at least 20 days
before the day of the election.
Acts 1971, 62nd Leg., p. 518, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1768, ch. 518, § 8, eff. May
31, 1971. Amended by Acts 2001, 77th Leg., ch. 298, § 11, eff.
Sept. 1, 2001.
§ 56.212. APPROVAL AND ISSUANCE OF REFUNDING
BONDS. (a) If the board declares the result of the election under
Section 56.211 of this code to favor the issuance of refunding bonds
and the levy of a tax to pay for the bonds, refunding bonds with the
seal of the district affixed to them may be issued in the name of the
district. The bonds shall be signed by the board president and
attested and registered by the board secretary.
(b) The bonds together with the record relating to them
shall be submitted to the attorney general for his approval, as
required by Section 49.184.
(c) When the attorney general approves the bonds, they shall
be delivered to the comptroller who shall register them and deliver
them in exchange for or on release of the obligations being refunded
at the time, in the manner, and in the amounts prescribed in the
order of the board. If the obligations being refunded are evidenced
by outstanding securities, the comptroller shall cancel the
outstanding securities concurrently with the registration and
delivery of the bonds.
(d) When the refunding bonds are approved by the attorney
general and registered and delivered by the comptroller, the bonds
are valid and binding obligations of the district and are
incontestable for any cause.
Acts 1971, 62nd Leg., p. 519, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 12, eff. Sept. 1,
2001.
§ 56.213. TAX ANTICIPATION NOTES; BOND ANTICIPATION
NOTES. (a) A district may borrow money by issuing negotiable tax
anticipation notes or bond anticipation notes if the board finds
that the district has an insufficient amount of money available to:
(1) pay the principal of or interest on any district
bond payable in whole or in part by taxes; or
(2) meet any other need of the district.
(b) The district may issue tax anticipation notes or bond
anticipation notes without giving notice or otherwise advertising
the issuance of the notes.
(c) A tax anticipation note or bond anticipation note must
mature not later than one year after the date the note is issued.
(d) The district may issue tax anticipation notes for any
purpose for which the district is authorized to levy taxes. The
notes must be secured with the proceeds of taxes to be levied by the
district in the 12-month period following issuance of the note. The
district may covenant with purchasers of the notes that the
district will levy a tax sufficient to pay the principal of and
interest on the notes and to pay the costs of collecting the tax.
(e) The district may issue bond anticipation notes for any
purpose for which bonds of the district have been approved by voters
or to refund previously issued bond anticipation notes. A district
may covenant with purchasers of the notes that the district will use
the proceeds of the sale of any district bonds in the process of
issuance to refund the notes. A district that covenants under this
subsection shall use the bond proceeds to pay the principal,
interest, or redemption price on the notes.
(f) A district required to seek commission approval of bonds
must have an application for approval of a bond on file with the
commission before issuing bond anticipation notes secured by the
bond.
Added by Acts 1995, 74th Leg., ch. 1052, § 2, eff. June 17, 1995.
SUBCHAPTER G. TAXATION PROVISIONS
§ 56.241. LEVY OF TAXES TO PAY FOR BONDS. After bonds
are authorized at an election, the board shall have taxes annually
assessed and collected on all property in the district sufficient
to pay interest and principal on the bonds. Taxes collected under
this section shall be placed in the interest and sinking fund.
Acts 1971, 62nd Leg., p. 519, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 13, eff. Sept. 1,
2001.
§ 56.242. MAINTENANCE TAX. (a) The board shall have a
tax assessed and collected on district property sufficient to
maintain, repair, and preserve district improvements and to pay
legal debts, demands, and obligations of the district, but in
districts operating under Article III, Section 52, of the Texas
Constitution, the tax may not be in an amount greater than one-half
of one percent of the total assessed valuation of the district for
that year.
(b) Taxes collected under this section shall be placed in
the construction and maintenance fund.
(c) The board may issue negotiable notes payable from the
maintenance tax authorized by Subsection (a) to meet the financial
obligations of the district, as described by Subsection (a). The
notes shall be payable over a period not to exceed five years from
the date of issuance. Notes issued under this subsection are not
required to be approved by the Texas Natural Resource Conservation
Commission. A district may not have outstanding, at any one time,
notes in excess of $3 million under this subsection.
(d) The board may issue negotiable notes to pay any lawful
expenditure of the district, other than principal and interest on
debt, including all costs to improve or repair any existing
drainage canal, ditch, watercourse, or other work constructed,
repaired, or improved by the district. The notes may be payable
from and secured by a lien on and pledge of any available funds of
the district, including the proceeds of a maintenance tax. Notes
issued under this subsection shall be payable over a period not to
exceed 20 years from the date of issuance and if issued for a term
longer than one year must be treated as "debt" as defined by Section
26.012, Tax Code. The maximum debt service on all notes issued
under this subsection may not exceed in any fiscal year of a
district an amount that could be paid from the proceeds of
one-fourth of the maximum tax the district is authorized by law to
levy on the date any notes are issued.
Acts 1971, 62nd Leg., p. 519, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 14, eff. Sept. 1,
2001.
§ 56.247. LEVYING TAXES ON THE BENEFIT BASIS. A
district operating under Article XVI, Section 59, of the Texas
Constitution, may levy taxes on the benefit basis, which means the
levy of a tax on an equal or uniform basis or rate on each acre of
land in the district.
Acts 1971, 62nd Leg., p. 520, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.248. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR
NEWLY CREATED DISTRICTS. (a) In a petition to create a district
under Article XVI, Section 59, of the Texas Constitution, the
petitioner may request that taxes in the proposed district be
levied on the benefit basis, and the notice of hearing on the
petition shall state this request in addition to other information
required by V.T.C.A., Water Code § 56.017.
(b) At the hearing on the petition, the commissioners court
shall consider whether or not it will be fair and equitable to levy
taxes on the benefit basis, and any person who would be affected by
creation of the district may appear before the commissioners court
and support or oppose the levy of taxes on the benefit basis.
(c) If the commissioners court finds that creation of and
drainage of the district is feasible and practicable under
V.T.C.A., Water Code § 56.019, the commissioners court shall
further determine whether or not the levy of taxes on the benefit
basis would be fair and equitable to the landowners in the district.
(d) If the commissioners court determines that levying
taxes on a benefit basis would not be fair and equitable to the
landowners, the order of the commissioners court shall state these
findings, and if the district is created, district taxes shall be
levied on an ad valorem basis.
(e) If the commissioners court favors creation of the
district and determines that levying taxes on a benefit basis will
be fair and equitable to the landowners, the order of the
commissioners court shall include these findings and an election
shall be called to create the district and levy taxes on the benefit
basis.
(f) Findings of the commissioners court relating to the
basis on which taxes will be levied are final and conclusive on all
parties.
Acts 1971, 62nd Leg., p. 521, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.249. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR
EXISTING DISTRICT. (a) A district may levy taxes on the benefit
basis as provided in this section.
(b) Any person may present to the board a petition, signed
by 75 of the resident freehold taxpayers of the district whose land
would be affected or by one-third of the freehold resident
taxpayers of the district whose land would be affected if there are
less than 75 in the district, requesting that taxes of the district
be levied on the benefit basis and showing that the levy of taxes on
the benefit basis will be fair and equitable to all landowners in
the district.
(c) At the same meeting at which the petition is presented,
the board shall schedule a hearing on the petition for either a
regular meeting or a special meeting called for that purpose to be
held during the period beginning on the 30th day and ending with the
60th day after the day the petition is presented.
(d) The board shall give notice of the time and place of the
hearing by posting a copy of the petition and the order of the board
at five public places in the county during the 20-day period
immediately preceding the day of the hearing. The board shall post
one of the copies at the courthouse door and the other four copies
at four places within the boundaries of the district.
(e) At the hearing, any person whose land would be affected
may appear before the board and may support or oppose the levy of
taxes on a benefit basis and may offer testimony to show whether or
not the levy of taxes on the benefit basis will be fair and
equitable to landowners in the district. The board has exclusive
jurisdiction to hear and determine this issue and matters relating
to it and has exclusive jurisdiction in all subsequent proceedings.
The board may adjourn the hearing from day to day, and judgments of
the board are final.
(f) If the board finds that levying taxes on the benefit
basis will not be fair and equitable to landowners in the district,
an order shall be entered dismissing the petition, and the district
shall continue to levy taxes on an ad valorem basis, but if the
board finds that levying taxes on the benefit basis will be fair and
equitable to landowners in the district, the board shall order an
election to be held in the district.
(g) An election to approve the levy of taxes on the benefit
basis must be held on the earliest legal date that occurs on or
after the 30th day after the date the board orders the election.
Notice of the election shall be given in the same manner as notice
is given for the hearing on the petition. The board shall name
polling places within the district and shall appoint judges and
other necessary election officers. The ballots shall be printed to
provide for voting for or against the following proposition: "The
levy of taxes in the district on the benefit basis."
(h) At least two-thirds of those persons voting in the
election must vote in favor of the proposition for it to carry.
(i) If the proposition carries at the election, the order of
the board canvassing the election shall provide that taxes of the
district are to be levied on the benefit basis, but if the
proposition fails to carry at the election, the order of the board
canvassing the election shall provide that taxes of the district
are to continue to be levied on an ad valorem basis.
Acts 1971, 62nd Leg., p. 521, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 15, eff. Sept. 1,
2001.
§ 56.250. LAW GOVERNING DISTRICTS LEVYING TAXES ON THE
BENEFIT BASIS. A district that levies taxes on the benefit basis
is governed by the provisions of this chapter. However, the rate of
taxation and the assessment and collection of taxes is governed by
the law relating to ad valorem taxes to the extent applicable and
not inconsistent with this chapter.
Acts 1971, 62nd Leg., p. 522, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, § 4(r), eff.
Jan. 1, 1982.
§ 56.251. DETERMINING ACREAGE IN THE DISTRICT. (a) In
districts levying taxes on the benefit basis, the board shall
appoint three freehold taxpaying voters in the district as a
committee to determine the number of acres of land owned by each
landowner in the district. A person appointed by the board shall
qualify by taking an oath to fairly and impartially hold hearings
and determine acreage.
(b) The committee to determine acreage shall give notice of
the time and place of the hearing on the acreage before the 10-day
period immediately preceding the day of the hearing.
(c) At the hearing each landowner may testify about the
amount of land owned by him in the district. The committee has
final jurisdiction to determine the exact acreage of each landowner
in the district.
(d) After the committee makes its determination, the land in
the district shall be annually placed on the tax rolls according to
the acreage determined without rendition of taxes.
Acts 1971, 62nd Leg., p. 521, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 15, eff. Sept. 1,
2001.
SUBCHAPTER H. DISSOLUTION
§ 56.291. AUTHORITY TO DISSOLVE A DISTRICT. Subject to
the provisions of Sections 50.251-50.256 of this code, a district
created under this chapter may be dissolved as provided in this
subchapter.
Acts 1971, 62nd Leg., p. 523, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.292. PETITION. At a regular meeting of the board,
any resident freehold taxpayer of the district may present a
petition signed by at least five percent of the qualified voters of
the district, or if there are fewer than 100 resident freehold
taxpayers in the district, then by one-third of the resident
freehold taxpayers requesting the dissolution of the district, and
on verification of the petition signatures, the board shall order
an election to be held in the district at the earliest legal time to
determine whether or not the district should be dissolved.
Acts 1971, 62nd Leg., p. 523, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 15, eff. Sept. 1,
2001.
§ 56.293. DEPOSIT. (a) Any person filing a petition
shall deposit with the board an amount sufficient to pay the cost of
conducting an election within the district which shall be held by
the board until the result of the election to dissolve the district
is officially announced and entered in the record of the district.
(b) If the result of the election favors dissolving the
district, the board shall return the deposit to the petitioners or
their agent or attorney, and the cost and expenses of holding the
election shall be paid by the district, but if the result of the
election is against dissolving the district, the board shall pay
the cost and expenses of the election from the deposit and return
the balance of the deposit to the petitioners or their agent or
attorney.
Acts 1971, 62nd Leg., p. 523, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 15, eff. Sept. 1,
2001.
§ 56.294. ELECTION. (a) Notice of the election to
dissolve the district shall be posted and the election shall be held
as provided by this chapter for elections to create a district.
(b) The ballots for the election shall be printed to provide
for voting for or against the following proposition: "Dissolution
of the drainage district."
(c) For the proposition to carry, two-thirds of those
persons voting at the election must vote to dissolve the district.
Acts 1971, 62nd Leg., p. 523, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.295. RESULT OF THE ELECTION. (a) The returns of
the election shall be made and the votes canvassed as provided in
this chapter.
(b) If the proposition carries, the board shall declare the
result and enter it in its minutes substantially as follows:
"__________ and __________ others having petitioned for the
dissolution of __________ County Drainage District No. ___; an
election having been held in the district on __________; and a
two-thirds majority of the votes cast in the election having
favored dissolution of the district; now, therefore, the board of
directors declares that __________ Drainage District No. ___ is
dissolved."
(c) If the proposition fails to carry, another election for
the same purpose may not be held for at least two years after the
results of the election are declared.
Acts 1971, 62nd Leg., p. 523, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 16, eff. Sept. 1,
2001.
§ 56.296. SETTLEMENT OF DEBTS. (a) When the district
is dissolved, the commissioners court shall provide for settlement
of debts of the district, including costs and expenses of holding
the dissolution election, and may levy and collect a tax on property
in the district in the amount necessary to pay all valid debts and
obligations of the district except district bonds.
(b) Unless district bonds are retired as provided in Section
56.299 of this code, the bonds shall be paid according to their
terms by levy and collection of an annual tax.
Acts 1971, 62nd Leg., p. 524, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.297. DISSOLUTION TAX. (a) The commissioners
court shall determine the amount of debt owed by the district and
shall apportion the amount of the debt among the property taxpayers
of the district, and a tax shall be levied on each piece of property
in the district to pay for its proportionate share of the debt.
Each taxpayer may pay his tax annually or in one payment, and the
amount of debt apportioned to each tract of land is a lien on that
piece of land for the payment of the debt.
(b) Payment of taxes under this section may be made either
in money or by surrender of bonds or other evidences of debt of the
district. Any holder or owner of debt owed by the district may
surrender his bonds and coupons or approved accounts to the
district tax collector to pay for taxes owed on property in the
district which is owned by the holder or owner of the debt, and when
surrendered, the bonds or evidences of debt shall be marked paid and
a receipt issued for them. The holder of bonds and coupons may only
surrender coupons that are matured at the time of their surrender,
and unmatured bonds are eligible only to pay unmatured tax
liability in advance and only for the year in which the bonds
mature.
(c) After taxes are paid as provided in this section, the
taxpayer and his property are released from further liability for
debts of the district, and the district tax collector shall issue a
release and a receipt for the taxes which shall be filed with the
clerk of the county court in the county in which the property is
located in the manner provided by law for filing documents relating
to real estate.
Acts 1971, 62nd Leg., p. 524, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.299. RETIREMENT OF BONDS. If there are outstanding
bonds at the time the district is dissolved, the commissioners
court may immediately enter into negotiations with the bondholders
to retire the bonds before maturity, and if under their terms or by
agreement between the commissioners court and the bondholders, the
bonds can be retired at an earlier date than appears on their face
and if the commissioners court considers retirement to be feasible
and practicable, an agreement may be made by the commissioners
court providing for paying and retiring the bonds.
Acts 1971, 62nd Leg., p. 525, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.300. TRUSTEE. On filing and approval of a bond,
the county treasurer becomes the trustee for the dissolved
district.
Acts 1971, 62nd Leg., p. 525, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.301. TRUSTEE'S BOND. The county treasurer shall
execute a good and sufficient bond in a sum to be determined by the
commissioners court, payable to and approved by the county judge,
conditioned on the faithful performance of his duties as treasurer
and trustee of the district and on paying to the parties entitled to
it all money and other property which he receives as trustee and
treasurer. The bond shall be recorded in the minutes of the
commissioners court, and on approval shall supersede the bond given
by the county treasurer as treasurer of the district.
Acts 1971, 62nd Leg., p. 525, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.302. TRUSTEE'S COMPENSATION. (a) The trustee is
entitled to receive for his services one percent of all money
received by him for the dissolved district and one percent on all
money he pays out under this subchapter, but he is not entitled to
receive a commission on money controlled by him when the district
was dissolved or money relinquished by him at the expiration of his
trusteeship.
(b) Only one compensation shall be paid to the trustee for
his services as trustee and ex officio treasurer of the dissolved
district.
Acts 1971, 62nd Leg., p. 525, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.303. POWERS OF THE TRUSTEE. (a) The
commissioners court shall provide for disposition and sale of
district property, and after giving the required bond, the trustee
shall assume control from the commissioners court of the district's
property, including money in the district treasury and books,
notes, accounts, and choses of action.
(b) The trustee may sue any person in possession of property
of the district or owing a debt to the district as though the
district were still organized and may employ counsel to assist him
in all suits and in the care and management of the business of the
dissolved district.
Acts 1971, 62nd Leg., p. 525, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.304. EXPENSES OF THE TRUSTEE. (a) The trustee
shall charge against the trust estate all reasonable expenses
incurred by him in caring for, conducting, and controlling the
business of the district, in employing counsel for the district,
and in conducting or defending suits, and on posting notice as
required in cases of other claims, the trustee shall present the
charges to the commissioners court annually at a regular meeting.
(b) On approval by the commissioners court, the expenses
become a valid and subsisting claim against the district and may be
retained by the trustee out of funds controlled by him as treasurer
of the dissolved district.
(c) If the claim for expenses is rejected either in whole or
in part, the trustee may appeal the decision as other claimants
appeal decisions under this subchapter.
Acts 1971, 62nd Leg., p. 526, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.305. PRESENTATION OF CLAIMS. (a) Within the
six-month period immediately following approval of the trustee's
bond, any person who has a claim against the district shall present
the claim duly verified to the trustee, and if the trustee finds
that the claim is correct, he shall allow the claim, and the
claimant shall file the claim with the clerk of the commissioners
court before the beginning of the 20-day period immediately
preceding the next regular meeting of the commissioners court.
(b) The clerk shall immediately issue notice of the filing
to all persons interested in the district, and the notice shall be
posted in three public places and at the courthouse door before the
beginning of the 20-day period immediately preceding the next
regular meeting of the commissioners court.
Acts 1971, 62nd Leg., p. 526, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.306. APPROVAL OF CLAIM. (a) At a regular meeting,
the commissioners court shall determine the validity of the claim,
and if the commissioners court finds that the claim is correct, it
shall approve the claim and enter an order of approval in its
minutes.
(b) After the claim is approved, it is a valid and
subsisting claim against the district and shall be filed with the
trustee who shall pay the claim in the order it was filed from the
district treasury or from funds collected as liquidation taxes.
Acts 1971, 62nd Leg., p. 526, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.307. APPEAL. If any claimant is not satisfied with
the judgment of the commissioners court, he may appeal the judgment
in the manner that cases are appealed from the justice court.
Acts 1971, 62nd Leg., p. 526, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.308. REJECTION OF CLAIM. (a) If the trustee finds
any claim unjust either in whole or in part, he shall endorse on the
claim his refusal to allow it.
(b) If the whole claim is refused, the claimant may bring
suit to collect the claim against the trustee in a court of
competent jurisdiction in the county, and if the claim is judged
valid by the court, the judgment shall be filed with the trustee and
paid in its order as other claims.
(c) If the claim is refused only in part and the claimant
waives his claim to the part refused, he shall file the claim in the
commissioners court for approval, but if the claimant does not
waive his claim to the part refused, he shall withdraw his claim
from the trustee and may bring suit as provided in Subsection (b) of
this section.
Acts 1971, 62nd Leg., p. 526, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.309. BONDS AND APPROVED CLAIMS. Bonds and approved
claims which were outstanding debts of the district before its
dissolution are valid and subsisting claims against the district
without further approval under this subchapter, but they are
subject to contest according to the provisions of this subchapter.
Acts 1971, 62nd Leg., p. 527, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.310. CONTESTING CLAIM. (a) If any district
taxpayer files with the trustee a protest against any claim which
was allowed by the former drainage commissioners before the
district was dissolved and which was unpaid at the time the district
was dissolved, the trustee shall refuse to pay the claim. The
protest shall be accompanied by a bond in double the amount of the
claim with sufficient sureties to be approved by the trustee and
payable to the trustee, conditioned on payment by the contestant of
all costs of suit if the claimant establishes his claim.
(b) After the trustee rejects the claim, the claimant may
bring suit against the trustee to recover the claim as in other
suits of a civil nature, and the contestant and his bondsman shall
be parties to the suit. The trustee shall make all defenses urged
against the claim by the contestant. If the claimant recovers,
judgment shall be rendered against the contestant and his bondsman
for costs incurred in the suit, and the claimant shall file the
judgment with the trustee who shall pay the claim as other claims
are paid under this subchapter.
Acts 1971, 62nd Leg., p. 527, ch. 58, § 1, eff. Aug. 30, 1971.
§ 56.311. FINAL REPORT OF TRUSTEE. (a) When all claims
against the district are paid and all costs and expenses incurred in
controlling and managing the district are satisfied, the trustee
shall file with the commissioners court his account for final
settlement.
(b) The trustee's account shall include a complete
statement of all money received and paid out, of all property
controlled and disposed of by the trustee, and of all other matters
relating to management of the district's affairs.
(c) On approval of the account, the commissioners court
shall direct the trustee to turn over to persons entitled to it as
found by the commissioners court all money and property remaining
in the control of the trustee, and on compliance with this order,
the trustee shall report to the commissioners court, and the
commissioners court shall enter an order discharging the trustee
and his bondsman and closing the trust estate.
(d) Before entering an order discharging the trustee and the
surety on the trustee's bond and closing the trust estate, the
commissioners court shall order all transactions of the trustee
audited by an independent certified public accountant. A copy of
the audit shall be filed with the commissioners court and the Texas
Natural Resource Conservation Commission, and a copy shall be
provided to the trustee.
Acts 1971, 62nd Leg., p. 527, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 2001, 77th Leg., ch. 298, § 17, eff. Sept. 1,
2001.
SUBCHAPTER J. ALTERNATE PROCEDURE FOR ANNEXATION BY EXISTING
DISTRICT
§ 56.751. PETITION FOR ANNEXATION. The landowners of a
defined area of territory not included in a district may file with
the secretary of the board a petition requesting an election on the
inclusion of the territory in a district. The petition must:
(1) be signed by registered voters residing in the
territory equal in number to at least five percent of the number of
votes received in the territory to be included by all candidates in
the most recent gubernatorial general election; and
(2) describe by metes and bounds the territory to be
included in the district.
Added by Acts 1995, 74th Leg., ch. 958, § 2, eff. June 16, 1995.
§ 56.752. HEARING ON DETERMINATION OF
PETITION. (a) The board shall hear the petition to determine if
the petition meets the requirements of Section 56.751.
(b) The board by order shall set the time and place of the
hearing on the petition. The hearing shall be held not less than 30
days after the date of the order.
Added by Acts 1995, 74th Leg., ch. 958, § 2, eff. June 16, 1995.
§ 56.753. NOTICE OF HEARING. (a) The secretary of the
board shall issue notice of the time and place of the hearing. The
notice must describe the territory proposed to be annexed.
(b) The secretary shall post copies of the notice in three
public places in the district and one copy in a public place in the
territory proposed to be annexed. The notices must be posted for at
least 15 days before the day of the hearing.
(c) The notice must be published one time in a newspaper
with general circulation in the county. The notice must be
published at least 15 days before the day of the hearing.
Added by Acts 1995, 74th Leg., ch. 958, § 2, eff. June 16, 1995.
§ 56.754. ELECTIONS TO APPROVE ANNEXATION OF
TERRITORY. (a) If the board determines the petition meets the
requirements of Section 56.751, the board shall order elections to
approve the annexation.
(b) Annexation of the territory must be approved by a
majority vote of the voters at a separate election held in the
district and by a majority vote of the voters at a separate election
held in the territory proposed to be added.
(c) If the district has outstanding debts or taxes, the
election to approve annexation also determines whether the
territory to be added assumes its proportion of the debts or taxes
if the territory is added to the district.
Added by Acts 1995, 74th Leg., ch. 958, § 2, eff. June 16, 1995.
§ 56.755. NOTICE AND PROCEDURE OF ELECTION. The notice
of the election, the manner and the time of giving the notice, the
manner of holding the election, and qualifications of the voters
are governed by Subchapter E, Chapter 58.
Added by Acts 1995, 74th Leg., ch. 958, § 2, eff. June 16, 1995.
§ 56.756. LIABILITY OF ADDED TERRITORY. The added
territory shall bear its pro rata part of all indebtedness or taxes
that may be owed, contracted, or authorized by the district to which
it is added.
Added by Acts 1995, 74th Leg., ch. 958, § 2, eff. June 16, 1995.
SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
§ 56.801. CONSOLIDATION OF DISTRICTS. Two or more
districts governed by this chapter may consolidate into one
district as provided by this subchapter.
Amended by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1,
1999.
§ 56.802. CONSOLIDATION BY AGREEMENT. (a) The boards
of the districts proposed to be consolidated may initiate
consolidation.
(b) The board of each district proposed to be consolidated
must agree on the terms and conditions of consolidation. The
consolidation agreement may include adoption of a name for the
consolidated district and designation of election precincts for the
consolidated district. After the boards have agreed to the terms
and conditions of consolidation, the boards jointly shall order an
election to be held in each district to determine whether the
districts should be consolidated.
Amended by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1,
1999.
§ 56.803. CONSOLIDATION BY
PETITION. (a) Consolidation may be initiated by a petition
requesting that the districts be consolidated.
(b) The petition must be signed by a number of qualified
voters in each district proposed to be consolidated that is equal to
at least five percent of the number of votes cast in the district in
the most recent gubernatorial general election. There must be one
petition for each district proposed to be consolidated. A
qualified voter may sign only the petition for the district in which
the voter resides.
(c) The petitions shall be filed simultaneously with the
secretary of each district proposed to be consolidated.
(d) A district's board shall determine whether the petition
presented to that district meets the requirements of Subsection (b)
and shall notify the board of each other district proposed to be
consolidated whether the petition meets the requirements of
Subsection (b).
(e) If the petitions meet the requirements of Subsection (b)
in all districts proposed to be consolidated, the boards of the
districts proposed to be consolidated shall:
(1) issue a joint order for an election to be held on
the same day in each district to determine whether the districts
should be consolidated; and
(2) give notice of the election in the manner provided
by law for other elections.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
§ 56.804. TIME OF HOLDING ELECTION; COST OF
ELECTION. (a) The election shall be held on a uniform election
day in February or May.
(b) The election date selected must provide sufficient time
for the preparation of the necessary voter registration lists for
each district.
(c) Each district proposed to be consolidated is
responsible for holding the election in that district and for the
cost of the election in that district.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 340, § 6, eff. Sept. 1,
2001.
§ 56.805. BALLOT. The ballot in the election shall be
printed to permit voting for or against the proposition:
"Consolidation of __________ (names of districts to be
consolidated) into a single drainage district."
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
§ 56.806. CANVASS; RESULT. (a) The board of each
district proposed to be consolidated shall canvass the returns of
the election held in that district. The board of each district
shall publish the results for that district.
(b) If the majority of votes cast in each district favor the
consolidation, the districts become one district and are governed
as one district.
(c) If the proposition does not carry, another election for
consolidation may not be held in any district that was proposed to
be consolidated for at least two years after the results of the
election are declared.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
§ 56.807. GOVERNING CONSOLIDATED DISTRICTS; ELECTION OF
DIRECTORS. (a) When two or more districts are consolidated, they
become one district and are governed as one district.
(b) Until the directors of the consolidated district are
elected and qualify, the directors of each district shall continue
to act jointly as directors of the consolidated district. A vacancy
on the joint boards occurring before the permanent directors of the
consolidated district are elected may not be filled unless the
number of members on the joint board is three or fewer. If the
number of members on the joint board is reduced to three or fewer,
the consolidated district shall be governed by three directors. If
there are fewer than three directors, vacancies shall be filled in
the same manner as vacancies on elected boards until there are three
directors.
(c) The joint board shall immediately order an election of
directors of the consolidated district to be held on the next
available uniform election date as provided for election of
directors under Chapter 49.
(d) The consolidation agreement may provide that the
directors of the original districts continue to act jointly as
directors of the consolidated district until the next election.
The agreement may name persons to serve as directors of the
consolidated district until the next election if all directors of
the original districts agree to resign.
(e) The joint board of the consolidated district shall
approve the bond of each new director.
(f) If any of the consolidated districts were operating
under Section 59, Article XVI, Texas Constitution, at the time the
districts were consolidated, the consolidated district shall
operate under Section 59, Article XVI, Texas Constitution, and
limitations imposed by Section 52, Article III, Texas Constitution,
and this chapter on debts to be incurred and taxes to be levied do
not apply to that district unless, not later than the 60th day after
the districts are consolidated, the board of directors of the
consolidated district adopts a resolution that the consolidated
district shall operate under Section 52, Article III, Texas
Constitution.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
§ 56.808. TITLE TO PROPERTY; ASSUMPTION OF
DEBT. (a) Title to all property of the consolidating districts
vests in the consolidated district. The consolidated district
assumes and is liable for the outstanding indebtedness of the
consolidating districts.
(b) All enforceable contract rights held or owned by a
consolidating district are owned and held by the consolidated
district. The consolidated district is liable for contractual
obligations of a consolidating district.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
§ 56.809. UNEXPENDED BOND PROCEEDS. Any money received
from the sale of bonds by a consolidating district that has not been
spent before the date of consolidation may be spent by the
consolidated district only on the project for which the bonds were
issued.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
§ 56.810. FISCAL YEAR; BUDGET. (a) A consolidated
district shall adopt a fiscal year. The fiscal year may be provided
for in the consolidation agreement or adopted by the board of the
consolidated district after the consolidation election.
(b) The fiscal year of each district that has been
consolidated ends on the last day of the month in which the
consolidation election was held. Audits of each district that was
consolidated shall be prepared up to and through the last day of the
month in which the consolidation election was held. The first audit
of the consolidated district shall be for the period beginning on
the first day of the month after the consolidation election and
ending on the last day of the fiscal year adopted for the
consolidated district.
(c) A budget shall be adopted for the period beginning on
the first day of the month after the consolidation election and
continuing through the end of the fiscal year adopted for the
consolidated district.
Added by Acts 1999, 76th Leg., ch. 222, § 12, eff. Sept. 1, 1999.
