WATER CODE
CHAPTER 61. ARTICLE III, SECTION 52, NAVIGATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 61.001. DEFINITIONS. In this chapter:
(1) "District" means a navigation district created
under Article III, Section 52, of the Texas Constitution.
(2) "Commission" means the navigation and canal
commission of a district.
(3) "Board" means the navigation board.
(4) "Commissioners court" means the commissioners
court of the county in which the district is located or the
commissioners court of the county of jurisdiction.
(5) "Commissioner" means a member of the navigation
and canal commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER B. CREATION OF DISTRICT
§ 61.021. CREATION. A navigation district may be
created as provided in this chapter to operate under Article III,
Section 52 of the Texas Constitution.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.022. AREA INCLUDED IN DISTRICT. A district may
include all or part of a village, town, or municipal corporation,
but may not include more than all or parts of two counties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.023. DISTRICT MAY INCLUDE ROAD DISTRICT. On
petition signed by a majority of the property taxpayers who reside
in the special road district, a district which includes all or parts
of two counties may include any special road district which has
voted bonds to construct public roads. If the entire county which
includes the road district is included in the district, this
section does not apply.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.024. PETITION TO CREATE SINGLE-COUNTY
DISTRICT. (a) To create a district located wholly in one county,
a petition, signed by 25 of the resident property taxpayers, or if
there are fewer than 75 resident property taxpayers in the proposed
district, then by one-third of them, shall be presented to the
commissioners court of the county.
(b) The petition shall include:
(1) a request for the establishment of a navigation
district;
(2) a description of the boundaries of the proposed
district, accompanied by a map;
(3) a statement of the general nature of the
improvements proposed;
(4) an estimate of the probable cost;
(5) a request for the issuance of bonds and the levy of
a tax to pay for the bonds; and
(6) the designation of a name for the district which
shall include the name of the county.
(c) An affidavit stating the qualifications of the
petitioners shall accompany the petition.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.025. PETITION TO CREATE DISTRICT IN TWO
COUNTIES. (a) If the proposed district is located in two
counties, the petition shall be presented to the commissioners
court of the county which includes the greater part of the district,
and this county shall be the county of jurisdiction with relation to
all matters concerning the district.
(b) The petition shall be signed by 25 resident property
taxpayers in each county in the district or if there are fewer than
75 resident property taxpayers in either of the counties, then by
one-third of the resident property taxpayers in that county.
(c) The name of the district shall include the name of the
county which has jurisdiction.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.026. DEPOSIT. (a) The petition shall be
accompanied by $500 in cash, which shall be deposited with the clerk
of the commissioners court.
(b) The money shall be held by the clerk until after the
result of the election for the creation of the district has been
declared and entered of record by the commissioners court.
(c) If the result of the election is in favor of the
establishment of the district, the deposit shall be returned to the
petitioners or their agent or attorney.
(d) If the result of the election is against the
establishment of the district, the clerk shall pay out of the $500,
with vouchers signed by the county judge, all costs and expenses
connected with the proposed district, including the election. Any
balance shall be returned to the petitioners or their agents or
attorney.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.027. HEARING. (a) On presentation of the
petition, the commissioners court shall order a hearing to be held
at a regular or special term of the commissioners court.
(b) The hearing shall be held not less than 30 days nor more
than 60 days from the date the petition is presented.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.028. NOTICE OF HEARING. (a) The commissioners
court shall order the clerk to give notice of the date and place of
the hearing by posting a copy of the petition and the order of the
commissioners court at the courthouse door and at four other public
places within the boundaries of the proposed district.
(b) The notices shall be posted not less than 20 days
immediately preceding the time set for the hearing.
(c) If the district is composed of more than one county, the
notices shall be posted in each county.
(d) The clerk is entitled to receive $1 for each notice he
posts and five cents a mile for each mile traveled to post the
notices.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.029. HEARING BY BOARD. (a) If the proposed
district includes all or part of a city acting under special charter
granted by the legislature, the hearing shall be held at the regular
meeting place of the commissioners court before a board.
(b) The board shall include the county judge and the members
of the commissioners court and the mayor and the aldermen or
commissioners of the city or cities.
(c) The board shall pass on the petition with each
individual member having one vote.
(d) A majority in number of the persons composing the board
shall constitute a quorum, and the action of the quorum shall
control.
(e) The hearing shall be held and notice shall be given as
provided in Sections 61.027-61.028 of this code.
(f) The clerk shall record the proceedings of the board in
the book kept for that purpose, and this record shall be available
for public inspection.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.030. CONDUCT OF HEARING. (a) The commissioners
court or the board has exclusive jurisdiction to hear and determine
all contests and objections to the creation of the proposed
district, all matters relating to the creation of the proposed
district, and all subsequent proceedings of the proposed district
after it is organized.
(b) The commissioners court or the board may adjourn the
hearing from day to day, and all judgments or decisions rendered by
it shall be final unless otherwise provided in this chapter.
(c) Any person who might be affected by creation of the
district may appear at the hearing and support or oppose creation of
the proposed district and may offer testimony relating to:
(1) the necessity and feasibility of the proposed
district;
(2) the benefits to accrue from formation of the
proposed district;
(3) the boundaries of the proposed district; or
(4) any other matter concerning the proposed district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.031. FINDINGS. (a) If it appears at the hearing
that the proposed improvements are feasible and practicable and
would be a public benefit and utility, the commissioners court or
the board shall make these findings and approve the boundaries
stated in the petition or make changes in the boundaries.
(b) Changes may not be made in the proposed boundaries until
notice is given and a hearing held in the manner provided in
Sections 61.027-61.030 of this code.
(c) If the commissioners court or board is unable to make
the findings under Subsection (a) of this section, it shall dismiss
the petition at the cost of the petitioners. Dismissal of the
petition shall not prevent presentation of other petitions at a
later date.
(d) The commissioners court or the board shall enter all
findings in its records.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.032. PROVIDING FUNDS FOR PROPOSED
IMPROVEMENTS. (a) If the commissioners court or the board
approves the boundaries in the petition or as changed and decides to
grant the petition, it shall determine the amount of money
necessary for the improvements and all expenses connected with the
improvements and whether to issue bonds for the full amount or, in
the first instance, for a less amount.
(b) The commissioners court or the board shall specify the
amount, term, and rate of interest of bonds to be issued.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.033. ELECTION ORDER. (a) If the commissioners
court or the board finds in favor of the establishment of the
district and the issuance of bonds and levy of a tax, the
commissioners court shall order an election to vote on the
proposition.
(b) The election order shall specify the amount of the bonds
to be issued, their maturity dates, and the rate of interest.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.034. ELECTIONS. (a) When an election is held
under this chapter, notice shall be posted for 30 days before the
election in the manner provided for posting notice. The notice
shall include:
(1) the time and place of the election;
(2) the proposition;
(3) the purpose of the election; and
(4) a copy of the election order.
(b) Unless otherwise provided, a two-thirds vote is
necessary to carry a proposition submitted at an election.
(c) The commissioners court shall create and define, by
order, the voting precincts in the district and shall name
convenient polling places in the precincts. It shall appoint
necessary election officials and shall hold elections at the
earliest legal time.
(d) After canvassing the returns of an election, if the
commissioners court finds that the proposition has carried, it
shall declare the result and enter it in the minutes as provided in
this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.035. BALLOTS. The ballots for the election shall
be printed to provide for voting for or against the proposition:
"The creation of a navigation district and the issuance of bonds and
the levy of a tax to pay for the bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.036. DECLARATION OF RESULT. If the proposition
carries at the election, the commissioners court shall enter the
following declaration in its minutes:
"Commissioners Court of __________ County, Texas, __________
term A.D. ______: In the matter of the petition of __________ and
__________ others requesting the establishment of a navigation
district and the issuance of bonds and the levy of taxes in the
petition described and designated by the name of __________
Navigation District. Be it known that at an election called for
that purpose in the district, held on the ______ day of __________
A.D. ______, a two-thirds majority of the electors voting on the
proposition voted in favor of the creation of the navigation
district, and the issuance of bonds and the levy of a tax. Now,
therefore, it is considered and ordered by the court that the
navigation district be and the same is hereby established by the
name of __________ Navigation District, and that the bonds of the
district in the amount of $______ be issued, and a tax of ______
cents on the $100 valuation or so much thereof as may be necessary
to be levied on all property inside the navigation district
sufficient in amount to pay the interest on the bonds and provide a
sinking fund to redeem them at maturity, and that if the tax becomes
insufficient for these purposes, it shall be increased until it is
sufficient. The metes and bounds of the district shall be as
follows: (Description of metes and bounds.)"
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 61.071. APPOINTMENT OF COMMISSIONERS. After a
district is created, the commissioners court or the board, by
majority vote, shall biennially appoint three commissioners to the
commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.072. ORGANIZATION: QUORUM. The commission shall
organize by electing one of their number chairman and one
secretary. Two of the commissioners shall constitute a quorum, and
a concurrence of two shall be sufficient in all matters relating to
the business of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.073. QUALIFICATIONS. To be qualified for
appointment as a commissioner, a person must be a resident of the
district, a freehold property taxpayer, and a qualified elector of
the county.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.074. TERM OF OFFICE, REMOVAL, AND
SUCCESSION. (a) Each commissioner shall hold office for four
years and until his successor has qualified, unless sooner removed
by a majority vote of the commissioners court or the board for
malfeasance or nonfeasance in office.
(b) All vacancies in the office of commissioner shall be
filled for the unexpired term in the manner provided for the
original appointment to the office.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1983, 68th Leg., p. 5217, ch. 951, § 13, eff.
Jan. 1, 1984.
§ 61.075. COMMISSIONER'S OATH. Each commissioner shall
subscribe an oath before the county judge of the county of
jurisdiction to discharge faithfully the duties of his office
without favor or partiality, and to render a true account of his
activities to the commissioners court or the board which appointed
him. The oath shall be filed by the clerk and preserved as a part of
the records of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.076. COMMISSIONER'S BOND. Each commissioner shall
execute a good bond for $1,000, payable to the county judge for the
use and benefit of the district and conditioned on the faithful
performance of his duties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.077. COMMISSIONERS' COMPENSATION. The
commissioners are entitled to receive for their services
compensation fixed by the commissioners court and entered in the
record.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.078. DISTRICT TREASURER. The county treasurer of
the county of jurisdiction shall be treasurer of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.079. DISTRICT TREASURER'S BOND. (a) Before
receiving the proceeds of any district bonds and before receiving
any district funds from any source, the district treasurer shall
execute a good and sufficient bond payable to the commission for the
benefit of the district. The bond shall be in an amount fixed and
approved by the commission.
(b) The bond shall be conditioned on the district
treasurer's faithfully executing the duties of his office, paying
over all money that comes into his hands as the treasurer, and
rendering a just account to the commissioners court or the
commission when required to do so.
(c) The bond required by this section shall remain in full
force and effect as long as any funds belonging to the district are
in the possession or under the control of the treasurer.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.080. DISTRICT TREASURER'S COMPENSATION. The
district treasurer shall be entitled to receive for his services an
amount fixed by the commission.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.081. DUTIES IMPOSED WITHOUT COMPENSATION. The
duties and powers conferred on county, city and other officers
under this chapter are a part of the legal duty of the officers
which they shall perform without additional compensation, unless
otherwise provided in this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.082. COURT ACTIONS. (a) The district, by and
through its commission, may sue and be sued in any court in this
state in the name of the district.
(b) The courts of this state shall take judicial notice of
the establishment of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER D. POWERS AND DUTIES
§ 61.111. PURPOSES OF DISTRICT. A district may:
(1) improve rivers, bays, creeks, streams, and canals
inside or adjacent to the district;
(2) construct and maintain canals and waterways to
permit or aid navigation; and
(3) issue bonds to pay for these improvements.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.112. EMPLOYEES AND COUNSEL. (a) The commission
may employ assistant engineers and other employees which are
necessary and may determine their compensation.
(b) The commission may retain counsel to represent the
district in the preparation of contracts or in the conduct of any
proceedings in or out of court and to be the legal advisor of the
commission on terms and for fees agreed on by the parties.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.113. AUTHORITY TO GO ON LAND. The commissioners
and engineers, together with all necessary teams, help, tools and
instruments, may go on any land located inside the district for the
purpose of examining the land and making plans, surveys, maps, and
profiles, without subjecting themselves to the laws of trespass.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.114. PENALTY FOR PROHIBITING ENTRY TO LAND. Any
person who wilfully prevents or prohibits any officer listed in
Section 61.113 of this code from entering land for the purposes
stated in that section on conviction shall be punished by a fine of
not more than $25 a day for each day he prevents or prohibits the
officer from entering the land.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.115. ACQUISITION OF PROPERTY. The commission may
acquire by gift, grant, purchase, or condemnation any necessary
rights-of-way and property for necessary improvements contemplated
by the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.116. LEASE OF STATE OWNED LANDS AND
FLATS. (a) Any district organized under this chapter or any
special law or any general law under which navigation districts may
be created may apply for a lease from the State of Texas of the
surface estate of any lands and flats belonging to the state which
are covered or partly covered by the water of any of the bays or
other arms of the sea; however, any navigation district created
after the effective date of this Act may not lease the surface
estate of any such lands or flats which are located within 10 miles
of the boundary of any navigation district in existence on the
effective date of this Act, without first receiving the written
approval of the district now in existence. The words "navigation
district," "district," or "districts" as used in Sections 61.116,
61.117, and 60.038 of the Texas Water Code shall apply to any
incorporated city in this state which owns and operates wharves,
docks, and other marine port facilities.
(b) The state, through the School Land Board, may lease
these state owned lands or flats to eligible navigation districts
only for purposes reasonably related to the promotion of
navigation. The term "navigation" as used herein refers to marine
commerce and immediately related activities, including but not
limited to port development; channel construction and maintenance;
commercial and sport fishing; recreational boating; industrial
site locations; transportation, shipping, and storage facilities;
pollution abatement facilities; and all other activities necessary
or appropriate to the promotion of marine commerce; but
specifically does not refer to residential development.
(c) In making application for a lease of state owned lands
or flats, the district shall include the following information:
(1) a description of the lands or flats sought to be
leased;
(2) a plan showing how it proposes to utilize the land
and a timetable indicating approximately when such utilization will
take place;
(3) a draft environmental impact statement assessing
the effect of the proposed use on the environment, which statement
shall generally conform to the requirements of the National
Environmental Policy Act, until such time as the legislature shall
impose different requirements; however, a draft environmental
impact statement shall not be required if the proposed use requires
no dredging, filling, or bulkheading. If the proposed use does
require dredging, filling, or bulkheading, but the lease shall be
processed as provided in Subsections (d), (e), and (f) of this
section without the filing of a draft environmental impact
statement if the applicant so requests in writing; but in such a
case, the School Land Board shall include in the lease provisions
requiring (i) that the draft environmental impact statement
required by federal law be filed with the School Land Board before
the district makes any use of such lands or flats which requires
dredging, filling, or bulkheading; (ii) that approval of such use
be obtained from the School Land Board after copies of the summary
of the draft environmental impact statement and a description of
the proposed use are circulated for comment and a hearing held as
provided in Subsections (d) and (e) of this section and the School
Land Board shall be authorized to give its approval to make such
amendments to the lease as may then be deemed necessary by it as a
result of information developed in the draft environmental impact
statement; and (iii) that the lease shall cease to be effective at
a time specifically stated in the lease unless prior to that time
accord concerning environmental issues has been reached between the
district and the School Land Board;
(4) proof satisfactory to the board establishing the
public convenience and necessity for acquisition of lands sought to
be leased.
(d) Upon receipt of an application and accompanying
information, the School Land Board shall submit copies thereof to
the member agencies of the Interagency Council on Natural Resources
and the Environment and all other appropriate state agencies for
review and comment. In addition, the board shall submit for review
and comment the proposed terms and conditions of the lease. The
board shall allow 30 days for such review and comment, and may
extend the review period for an additional 30 days upon written
request by the executive director of any state agency.
(e) Following the expiration of the period provided for
review and comment, or following the expiration of the 30 day
extension of such period, if applicable, the School Land Board
shall cause a hearing to be held in the county in which the land
proposed to be leased is located. Notice of the hearing shall be
given by publication for at least three days, not less than two
weeks nor more than four weeks prior to the hearing, in the daily
paper having the greatest circulation in the county. Members of the
board or their designated representatives shall conduct the
hearing, at which any party may offer testimony in support of or in
opposition to the application, and the board shall consider the
record of the hearing in making a decision on the application.
(f) After submission of all evidence, the School Land Board
shall authorize the issuance or denial of the proposed lease and
shall determine the reasonable cost to the district, term of years,
special limitations, if any, and other conditions necessary to best
serve the interest of the general public. In establishing the
consideration to be paid to the state for the lease, due weight
shall be given to the depth of the water over the submerged land,
its proximity to development activities, and its proposed use.
Final action shall be taken by the board no more than 60 days
following the public hearing.
(g) The funds derived from the lease shall be paid to the
General Land Office for transfer to the proper funds of the state.
(h) Districts may sublease lands leased from the state under
the provisions of this section to third parties for activities
reasonably related to navigation, but such sublease shall be
subject to the approval of the School Land Board according to the
procedures, requirements, and criteria set forth in Subsections (c)
and (d) of Section 61.116 of this code; provided, however, that no
approval by the School Land Board shall be required if the sublease
is for a purpose contemplated by the district and approved by the
board in the district's original lease. It is further provided that
no environmental impact statement shall ever be necessary for any
sublease which requires no dredging, filling, or bulkheading, and
which would not have a substantial impact upon the environment, or
which requires only insubstantial dredging, filling, or
bulkheading, as determined by the board; nor shall a district in
obtaining approval for a sublease under any circumstances be
required to reveal the name of the tenant to whom the sublease is to
be made.
(i) If lands or flats leased from the state under the
provisions of this section are utilized by the district or its
sublessee for any purpose or use not approved by the School Land
Board, the district shall be given notice and an opportunity to
change and correct the use. If the use is not changed and corrected
within a reasonable time after receipt of such notice, the lease may
be terminated by the School Land Board and the lands or flats shall
revert to the State of Texas.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 553, ch. 237, § 1, eff. June
11, 1973; Acts 1975, 64th Leg., p. 801, ch. 310, § 2, eff. May
27, 1975.
§ 61.117. LIMITATIONS ON SALES AND USE OF STATE LANDS AND
FLATS. (a) The State of Texas shall retain its rights in all
mines and minerals, including oil, gas, and geothermal resources,
in and under the land, together with the right to enter the land for
the purpose of development when it leases land under Section 61.116
of this code.
(b) All leases of land under Section 61.116 are subject to
oil, gas, or mineral leases in existence at the time of the lease to
the district.
(c) Any land which has been franchised or leased or is being
used by any navigation district or by the United States for the
purpose of navigation, industry, or other purpose incident to the
operation of a port shall not be entered or possessed by the State
of Texas or by anyone claiming under the State of Texas for the
purpose of exploring for oil, gas, or other minerals except by
directional drilling. No easement, lease, or permit may be granted
on land which has been leased to a navigation district which will
interfere with the proposed use of the land by the navigation
district, and the prior approval of the navigation district shall
be obtained for such purpose.
(d) No surface drilling location may be nearer than 660 feet
and special permission from the Commissioner of the General Land
Office is necessary to make any surface location nearer than 2,160
feet, measured at right angles from the nearest bulkhead line
designated by a navigation district or the United States as the
bulkhead line or from the nearest dredged bottom edge of any
channel, slip, or turning basin which has been dredged, or which has
been authorized by the United States as a federal project for future
construction, whichever is nearer.
(e) In the event land is leased to a navigation district for
construction of a navigation project, the School Land Board may in
the lease designate the district to be the agent of the State of
Texas with authority to grant to the United States of America such
easements for dredging and disposal of dredged material as may be
required for federal participation in the project. In designating
the district to be the agent of the State of Texas for the purpose of
granting spoil easements, the board may include a requirement that
the district obtain the approval of the board before granting any
such easement. Such approval may be given in the form of accepting
a master plan for spoil disposal.
(f) Districts which, prior to the enactment of this
provision, have obtained patents to state owned lands or flats
under Article 8225, Revised Civil Statutes of Texas, 1925, or under
any general or special act, and which still claim title to any such
lands or flats, may not hereafter dispose of any such lands or flats
which were conveyed to them by the State of Texas and may not lease
such lands or flats for a use for which districts are not authorized
to lease their other lands; however, in the event a district
possesses lands it finds to be in excess of its needs, it may sell
such surplus lands or flats back to the State of Texas for the same
consideration as originally paid to the state or exchange them for
other lands with the State of Texas. It is further provided that
the limitation on resale of lands or flats acquired from the State
of Texas shall not prevent a district from exchanging such lands or
flats for land, or rights in land, of an adjacent littoral owner for
the purpose of adjusting or straightening the boundary between such
lands. All such exchanges made after December 31, 1973, shall be
subject to the approval of the School Land Board.
(g) Any district which, prior to the effective date of this
Act has maintained, and which at the effective date of this Act is
maintaining, any channel, dredged material disposal site, or other
navigational aid or improvement on state owned lands to which the
district holds no patent or lease from the state shall notify the
General Land Office of the boundaries of such submerged land used by
furnishing a map or other drawing acceptable to the General Land
Office.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1973, 63rd Leg., p. 555, ch. 237, § 2, eff. June
11, 1973; Acts 1975, 64th Leg., p. 803, ch. 310, § 3, eff. May
27, 1975.
§ 61.118. CONSTRUCTION CONTRACTS. (a) Except as
provided in this section, the provisions of Chapter 3, Title 128,
Revised Civil Statutes of Texas, 1925, governing water control and
preservation districts which relate to advertising for, awarding,
and performing contracts for the construction of improvements and
work authorized by law shall apply to construction contracts made
under this subchapter.
(b) The bidder's deposit for a construction contract shall
be five percent of the amount bid, and the contractor's bond shall
be for not less than 25 percent of the contract price.
(c) The contract shall be signed by at least two of the
commissioners, and the partial payments made under the contract
shall not be more than 90 percent of the contract price.
(d) In case of public calamity or extreme emergency which
makes it necessary to act at once to preserve the property of the
district and its residents or in case of unforeseen damage to the
property or equipment of the district, the provisions of this
section requiring advertisement for bids under Article 7853,
Revised Civil Statutes of Texas, 1925, may be waived. In any of
these situations, the commission shall record in the minutes of the
district that an emergency exists and the facts which gave rise to
the emergency.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.119. INTEREST IN CONTRACT OF NAVIGATION
DISTRICT. If the county judge, a county commissioner, a member of
the board or the commission, or the engineer shall directly or
indirectly become interested in a contract for work to be done by
the district or in any fee paid by the district, which would allow
him to receive any money consideration or other thing of value
except in payment of services as provided by law, on conviction he
shall be confined in jail for not less than six months nor more than
one year.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.120. LAWS GOVERNING CERTAIN FUNCTIONS OF
DISTRICT. Chapter 3, Title 128, Revised Civil Statutes of Texas,
1925, relating to eminent domain, employment and duties of the
district engineer, cooperation with the federal government, and the
director's annual report shall apply to this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER E. PORT FACILITIES
§ 61.151. AUTHORITY TO OPERATE AND DEVELOP PORT
FACILITIES. (a) A district created for the development of
deep-water navigation which includes a city with a population of
more than 100,000, according to the last preceding federal census,
may operate and develop ports and waterways inside the district and
extending to the Gulf of Mexico.
(b) The district may acquire, purchase, take over,
construct, maintain, operate, develop, and regulate wharves,
docks, warehouses, grain elevators, bunkering facilities, belt
railroads, floating plants, lighterage, land, towing facilities,
and other facilities or aids incident to or necessary to the
operation or development of ports and waterways.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.152. PETITION. (a) If the board decides to
exercise the rights, powers, and authority provided in this
subchapter, it shall certify this desire to the commissioners court
and shall submit a petition requesting that an election be held.
(b) The commissioners court shall schedule a hearing on the
petition not less than 30 nor more than 60 days after the date of the
petition. The hearing may be held at any place designated by the
commissioners court.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.153. HEARING: TESTIMONY. Any person who may be
affected may appear before the board on the day of the hearing and
contest the necessity, advisability, or practicability of the
election and may offer testimony in favor of or against the
election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.154. ELECTION ORDER. After the hearing, if the
board determines that the election should be held, the
commissioners court shall order an election to determine whether or
not the district should adopt the rights, powers, and authority
provided in this subchapter. The order shall include the date on
which the election will be held.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.155. BALLOTS. The ballots for the election shall
be printed to provide for voting for or against the following
proposition: "The development of the port by the navigation
district."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.156. ELECTION EXPENSE. The district shall pay the
expense of the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.157. DECLARATION OF RESULTS. If the result of the
election favors the development of a port by the district, the
commissioners court shall declare the result and shall enter in the
minutes of the commissioners court the following declaration:
"Commissioners Court __________ County, Texas, __________
term A.D. __________, in the matter of the petition of the
navigation board, requesting that the right, power, and authority
be granted to the navigation district to develop the port of
__________ (enter the name of the municipality). Be It Known, that
at an election called for that purpose in the district, held on the
__________ day of __________ A.D. __________, a two-thirds majority
of the electors voting on the proposition voted to develop port
facilities.
"Now, Therefore, It is considered and ordered by the
commissioners court that the district is authorized to proceed with
the development of the port as authorized by law."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.158. APPOINTMENT OF COMMISSIONERS. (a) If the
provisions of this subchapter are adopted by a district, the
district shall be managed, governed, and controlled by a commission
composed of five commissioners, who shall be subject to the
supervision and control of the board.
(b) Two of the commissioners shall be appointed by a
majority of the city council of the municipality having a
population of 100,000 or more, and two of the commissioners shall be
appointed by a majority of the commissioners court.
(c) The chairman of the commission shall be the fifth member
and shall be elected by majority vote of the city council and
commissioners court meeting in joint session called by the county
judge.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.159. TERM OF OFFICE: REMOVAL:
SUCCESSION. (a) Except for the original appointments, each
commissioner shall serve for a term of two years and until his
successor is qualified.
(b) One of the original appointees of the city council and
one of the commissioners court shall serve for one year. The other
original appointees shall serve for two years.
(c) Each commissioner shall serve his full term unless
removed by the authority which appointed him. He may be removed for
malfeasance, nonfeasance in office, inefficiency, or other
sufficient cause.
(d) If a vacancy occurs through death, resignation, or other
reason, the vacancy shall be filled in the manner provided for
making the original appointment.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.160. QUALIFICATIONS; COMPENSATION;
AUTHORITY. (a) Each commissioner shall be a freehold property
taxpayer and a qualified elector in the district.
(b) Each commissioner shall execute a bond and shall
subscribe the required oath.
(c) Each commissioner is entitled to receive the
compensation provided by the board.
(d) A majority of the commissioners shall have the authority
to act, and all acts of the commission are subject to the
supervision of the board.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.161. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain.
(b) A district created under this chapter may elect to take
advantage of the condemnation procedure provided in Subchapter F of
Chapter 51 of this code.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.162. LEASE AND RENTAL OF FACILITIES. A district
may acquire and take over, by lease or rental agreements, for a
period of not less than 25 years, the docks, wharves, buildings,
railroads, land, improvements, and other facilities already
provided, constructed, or owned by any incorporated municipality
situated within the district only with the consent of the lawful
authorities of the municipality and on terms mutually agreed on by
the district and the municipality.
(1) No agreement for the use, acquisition, or
operation of the property or facilities of the municipality by the
district shall be for a lease or rental value which is more than the
annual net revenue derived or to be derived by the district after
payment of the expenses of operation and maintenance of the
property and facilities.
(2) The district shall have no supervision or control
over the property or facilities owned, controlled, or constructed
by the municipality until agreement for the lease and rental of the
property by the district has been made.
(3) A district that is leasing land or facilities from
a municipality may purchase or acquire the property in the manner
provided in this subchapter.
(4) The commission and the officials of the
municipality shall be authorized to enter into an agreement stating
the land and facilities to be acquired, the amount agreed on as the
purchase price, and the terms of the sale.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.163. UNIMPROVED LAND. (a) A district which
acquires, leases, or takes over unimproved land owned or controlled
by any incorporated municipality, may pay for the use, rental, or
hire of the land a price or rental value to be fixed by the
commission.
(b) If the commission fails or is unable to agree on terms
and conditions for the use and rental of the unimproved land, then
the district, through the power of eminent domain, may condemn the
land or parts of the land which it thinks the interest of the
district requires.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.164. FRANCHISES. (a) The district may grant
franchises to persons or corporations on property owned or
controlled by the district if the franchises are granted for
purposes consistent with the provisions of this subchapter.
(b) No franchise shall be granted for longer than 30 years
nor shall a franchise be granted except on the affirmative vote of a
majority of the commissioners at three separate meetings of the
commission which meetings may not be closer together than one week.
(c) No franchise shall be granted until after the franchise
in its final form is published in full at the expense of the
applicant, once a week for three consecutive weeks in a daily
newspaper of general circulation published inside the district.
(d) The franchise shall require the grantee to file his or
their written acceptance within 30 days after the franchise is
finally approved.
(e) Nothing in this section shall be construed as preventing
the district from granting revocable licenses or permits for the
use of limited portions of waterfront or facilities for purposes
consistent with this chapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1971, 62nd Leg., p. 1770, ch. 518, § 15, eff. May
13, 1971.
§ 61.165. FRANCHISE ELECTION. If the commission
determines that a proposed franchise should be submitted to a vote
of the people, it shall so certify to the commissioners court, and
the commissioners court shall order an election on the matter at the
earliest legal time.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.166. BALLOTS. (a) The ballot shall explain the
nature of the franchise sufficiently to identify it.
(b) The ballots shall be printed to provide for voting for
or against the following proposition: "The franchise."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.167. ELECTION RESULT. If at the election a
majority of those voting approve the franchise, it shall be
granted. If those voting do not approve the franchise, it shall
have no force and effect.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.168. PETITION PROTESTING FRANCHISE. The franchise
may be suspended from taking effect if, before the date when the
franchise is granted, a petition signed by qualified voters of the
district equal to 10 percent of the total vote cast in the last
general election for state officers is presented to the
commissioners court protesting the enactment or granting of the
franchise. Immediately after the petition is filed, the
commissioners court shall order an election on the proposed
franchise. The election shall be governed by the provisions of
Sections 61.164 and 61.165.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.169. CONTRACTS. The provisions governing the
award of contracts by districts shall apply in all cases consistent
with the provisions of this subchapter except that in case of
emergency contracts may be let by the commission for not more than
$5,000 without advertisement for bids. In case of urgent necessity
or present calamity, advertisement for bids may be waived.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1977, 65th Leg., p. 804, ch. 299, § 1, eff. Aug.
29, 1977.
§ 61.170. AUTHORITY TO INCUR DEBT. (a) The district
may issue bonds for the purposes stated in Section 61.151 of this
code and for the purpose of
(1) acquiring necessary land, rights-of-way, or
dumping grounds;
(2) extension or improvement of belt railway lines;
or
(3) construction of improvements, wharves, docks, or
other facilities or aids to navigation.
(b) The obligations may be secured by liens on the property
acquired, constructed, or improved. Available revenue may be
pledged as additional security.
(c) The district may borrow funds for current expenses and
may evidence the debt by warrants payable not later than the close
of any calendar year for which the loans are made. The warrants
shall never exceed the anticipated revenue.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.171. BONDS. (a) On compliance with the
provisions of this subchapter the district may issue bonds to pay
for the improvements and facilities and to acquire the property
authorized in this subchapter.
(b) The district also may issue bonds to purchase wharves,
docks, warehouses, bunkering facilities, belt railroads, land to be
used for port purposes and development, or other facilities
constructed or owned by the municipality.
(c) An election shall be held to approve the issuance of the
bonds, and the bonds shall be issued in the manner provided by this
chapter for issuing other bonds.
(d) The outstanding bonds and the additional bonds may not
amount to more than 10 percent of the assessed value of real
property in the district as shown by the last annual assessment made
for the county and state.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.172. FINANCING PURCHASES. (a) The commission may
have issued in the manner provided in this chapter bonds of the
district in an amount that represents the purchase price of the land
or facilities less any outstanding bonds previously issued by the
municipality.
(b) The bonds shall be issued, registered, and sold in the
same manner as other bonds of the district, and the proceeds shall
be paid to the municipality.
(c) If the municipality has outstanding bonds, the district
shall assume payment of these bonds and interest, and the
commissioners court shall levy a tax sufficient to pay the interest
due and the principal due at the maturity of the bonds. The taxes
shall be collected as other taxes are now collected, and payment
shall be made to the city by the commission on or before the due
dates of interest and principal for the sole purpose of paying the
interest on and principal of the outstanding bonds.
(d) The municipality shall not be released from any
obligation to the owners and holders of any outstanding bonds
issued on account of the land or facilities purchased.
(e) The municipality shall not levy, assess, and collect any
tax for interest and sinking fund unless the payment from the
district shall fail in whole or in part. In the event of such
failure, the municipality shall levy and collect the tax necessary
to discharge the interest and meet the principal of the outstanding
bonds and shall continue to do so until the amounts are paid. Also,
the municipality may collect any and all amounts paid on account of
the district from the district and in event of the continued failure
to make the payments by the district, the municipality may take back
the facilities.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.173. ELECTION ON THE PURCHASE OF
FACILITIES. (a) No bonds shall be issued or tax levied until the
question of purchase of the facilities is submitted to a vote of the
people in the district.
(b) In addition to the requirement for submitting bonds to a
vote, the notice of election shall include:
(1) a copy of the agreement;
(2) the amount of outstanding bonds;
(3) the amount of bonds sought to be issued by the
district; and
(4) the amount of taxes required to be levied.
(c) The election shall be called and held in the same manner
as other elections for bonds, and the ballots shall provide for
voting for or against the proposition: "The purchase of municipal
facilities and the issuance of bonds and levy of a tax to pay for the
bonds."
(d) If the election should carry by a two-thirds vote of the
electors voting at the election, then the proposition shall be
declared carried and the bonds shall be issued and sold, and the
necessary taxes levied in accordance with the provisions of this
subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.174. EMPLOYEES; COUNTY AUDITOR, DUTIES AND
COMPENSATION. (a) The commission may employ all persons
necessary for the construction, maintenance, operation, and
development of the business and facilities of the district and may
prescribe their duties and fix their compensation.
(b) The county auditor, as auditor for the district having
large port facilities, shall make such additional reports and
perform such accounting services in addition to those now required
by law as may be reasonably incident to the proper conduct of the
business of the district.
(c) Compensation for the county auditor who shall act under
this section shall be determined by the judge of the district court
or courts having jurisdiction in the county after a hearing with
respect to the amount and value of the services performed. The
amount shall be paid monthly from funds of the navigation district,
and the maximum amount which may be allowed by the district judge
for the services shall not be more than the amount now being paid.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.175. POWERS. (a) A district operating under this
subchapter shall have all the rights, powers, and authority granted
by this chapter and shall have all the authority granted by general
or special law to navigation districts.
(b) A district operating under this subchapter shall also
have the fullest powers consistent with the state constitution for
the regulation of wharfage and of all facilities relating to the
port, waterways, and district.
(c) The district may assess and collect charges for the use
of all facilities acquired or constructed in accordance with the
provisions of this subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.176. CITY POLICE POWERS. Nothing in this
subchapter shall repeal or affect the police powers of any
municipality inside the district, or any law, ordinance, or
regulation authorizing and empowering the municipality to exercise
the powers relating to any navigable stream or aids to navigation
and facilities in a navigation district, not in conflict with this
subchapter.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
SUBCHAPTER F. GENERAL FISCAL PROVISIONS
§ 61.211. MAINTENANCE FUND. (a) After the district is
created all expenses necessarily incurred after the petition was
filed in connection with the creation, establishment, and
maintenance of the district shall be paid out of the construction
and maintenance fund of the district.
(b) The fund shall consist of all money received from the
sale of bonds and all other amounts received by the district from
any source, except tax collections applied to the sinking fund and
payment of interest on the navigation bonds.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.212. DISTRICT DEPOSITORY. The commission shall
select a depository for the district as provided by Section 60.271.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1997, 75th Leg., ch. 1400, § 2, eff. Sept. 1,
1997.
SUBCHAPTER G. BOND AND TAX PROVISIONS
§ 61.231. ISSUANCE OF BONDS. When the commission
determines the cost of the proposed improvements, the expenses
incident to the improvements, and the cost of maintenance of the
improvements, it shall certify to the commissioners court the
amount of bonds necessary to be issued. The commissioners court, at
a regular or special meeting, shall issue an order directing the
issuance of bonds for the district in the amount certified which
shall not be more than the amount authorized by the election.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.232. LIMITATION ON BOND ISSUE. Outstanding bonds
and additional bonds which are authorized may not be more than
one-fourth of the assessed value of the real property in the
district, as shown by the last tax roll for the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, § 4(r), eff.
Jan. 1, 1982.
§ 61.233. REQUISITES OF BONDS. (a) All bonds issued
under the provisions of this subchapter shall be issued in the name
of the district, signed by the county judge, and attested by the
county clerk under the seal of the commissioners court.
(b) The bonds shall be issued in such denominations and
payable at such time or times, not more than 40 years from their
date, as the commissioners court considers expedient.
(c) All provisions of Chapter 57 of this code governing the
approval, registration, and validity of bonds of levee improvement
districts shall apply to bonds issued under this subchapter.
(d) The commissioners court or the board shall require a
record to be kept of the bonds by the district treasurer the same as
for bonds of levee improvement districts.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.234. SALE OF BONDS. (a) After the bonds are
registered, the chairman of the commission shall offer them for
sale and shall sell the bonds for the best price possible.
(b) Money received from the sale of the bonds shall be paid
immediately to the district treasurer, and he shall deposit it to
the credit of the district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.235. CHAIRMAN'S BOND. Before the chairman of the
commission may sell the bonds, he shall execute a good bond, payable
to the county judge and his successors, in an amount fixed by the
commission, conditioned on the faithful discharge of his duties.
The bond shall be approved by the county judge.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.236. TAX LEVY. (a) When bonds have been approved,
the commissioners court annually shall levy and have assessed and
collected improvement taxes sufficient to pay the interest on the
bonds and to provide a sinking fund to redeem the bonds at maturity.
(b) The commissioners court shall also at the time of the
levy of taxes for county purposes, levy and have assessed and
collected for the maintenance, operation, and upkeep of the
district and its improvements an annual tax of not more than 10
cents on each $100 valuation.
(c) The commission shall determine a rate within the 10-cent
limit as the necessary amount for the maintenance, operation, and
upkeep of the district and its improvements. The rate shall be
certified to the commissioners court by the commission.
(d) Taxes shall be levied on all property inside the
district.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.237. ASSESSMENT AND COLLECTION OF TAXES. The tax
assessor and collector of each county in the district shall assess
and collect district taxes.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, § 4(r), eff.
Jan. 1, 1982.
§ 61.238. ADDITIONAL BOND ISSUE. (a) If the proceeds
of the original bonds are insufficient to complete the proposed
improvements or construction, or if the commission decides to
undertake further construction or improvements or requires
additional funds with which to maintain the existing improvements,
it shall certify to the commissioners court the necessity for an
additional bond issue, stating:
(1) the amount required;
(2) the purpose of the additional bonds;
(3) the rate of interest on the bonds; and
(4) the term of the bonds.
(b) The commissioners court, on receipt of this
information, shall issue the bonds, unless the amount previously
authorized has been exhausted, in which case the commissioners
court shall first order an election on the issuance of the bonds to
be held inside the district at the earliest possible legal time.
(c) The ballots for the issuance of additional bonds shall
be printed to provide for voting for or against the proposition:
"The issuance of bonds and the levy of a tax to pay for the bonds."
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
§ 61.239. SINKING FUND INVESTMENTS. The commissioners
court may invest the sinking fund in county, municipal, district,
or other bonds approved by the attorney general.
Acts 1971, 62nd Leg., p. 110, ch. 58, § 1, eff. Aug. 30, 1971.
