WATER CODE
CHAPTER 66. STORMWATER CONTROL DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 66.001. DEFINITIONS. In this chapter:
(1) "District" means a stormwater control district.
(2) "Commission" means the Texas Natural Resource
Conservation Commission.
(3) "Executive director" means the executive director
of the Texas Natural Resource Conservation Commission.
(4) "Board" means the board of directors of a
district.
(5) "Director" means a member of the board.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 977, § 36, eff. June 19,
1987; Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.083, eff. Aug.
12, 1991.
SUBCHAPTER B. CREATION OF DISTRICT
§ 66.011. CREATION. A stormwater control district may
be created pursuant to Article XVI, Section 59, of the Texas
Constitution, as provided by this subchapter.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.012. PURPOSE OF DISTRICT. A district may be
created to control stormwater and floodwater and to control and
abate harmful excesses of water for the purpose of preventing area
and downstream flooding in all or part of a watershed.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.013. COMPOSITION OF DISTRICT. A district may be
composed of contiguous or noncontiguous areas within all or part of
the watershed of a river, stream, creek, or bayou.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.014. PETITION. (a) To create a district, a person
or the commissioners courts in the counties in which all or part of
the district is to be located shall file a petition with the
executive director requesting creation of the district.
(b) The petition must be signed by at least 50 persons who
reside within the boundaries of the proposed district or by a
majority of the members of the commissioners court in each county in
which all or part of the district is to be located.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.015. CONTENTS OF PETITION. The petition must
include:
(1) a description of the boundaries of the proposed
district by metes and bounds or by lot and block number, if there is
a recorded map or plat and survey of the area;
(2) a statement of the general nature of the work
proposed to be done by the district and the estimated cost of any
work to be done by the district; and
(3) the proposed name of the district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.016. DISTRICT NAME. (a) A district shall be named
the ______________________ (Insert name of county, river, stream,
creek, or bayou in district) Stormwater Control District.
(b) A district may not have the same name as any other
district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.018. NOTICE AND HEARING ON DISTRICT CREATION. If a
petition is filed under Section 66.014, the commission shall give
notice of an application as required by Section 49.011 and may
conduct a hearing if the commission determines that a hearing is
necessary under Section 49.011.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1070, § 44, eff. Sept. 1,
1997.
§ 66.019. COMMISSION FINDINGS AND DECISION. (a) After
considering the petition, the commission shall grant the petition
if it finds that:
(1) the petition conforms to the requirements of
Sections 66.014 and 66.015; and
(2) the projects proposed by the district are feasible
and practicable, are necessary, and will be a benefit to land
included in the district.
(b) In making its decision, if the commission finds that a
part of the land to be included in the district will not be
benefited by creation of the district, the commission shall make
this finding, exclude the nonbenefited land from the proposed
district, and redraw the boundaries of the proposed district to
conform to this change.
(c) The commission shall deny the petition if it finds that:
(1) the petition does not conform to the requirements
of Sections 66.014 and 66.015 of this code; or
(2) the projects proposed for the district are not
feasible, practicable, or necessary, or will not benefit any of the
land proposed to be included in the district.
(d) A copy of the commission's order including its findings
and decision shall be mailed to the petitioners as provided by rules
of the commission.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 977, § 37, eff. June 19,
1987; Acts 1997, 75th Leg., ch. 1070, § 45, eff. Sept. 1, 1997.
§ 66.020. APPEAL OF COMMISSION ORDER. The order of the
commission granting or denying a petition may be appealed as
provided by Chapter 2001, Government Code.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995.
§ 66.021. TEMPORARY DIRECTORS. (a) If the commission
grants the petition, it shall appoint five persons who reside
within the boundaries of the proposed district to serve as
temporary directors until the initial regular directors are
elected.
(b) The person who submits the petition for creation of the
district shall submit a list of at least five persons for
appointment as temporary directors, and the commission shall
consider those recommendations when making the appointments.
(c) The temporary directors must have the same
qualifications for office as provided by Section 66.102 of this
code for permanent directors.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
§ 66.101. BOARD OF DIRECTORS. A district shall be
governed by a board of directors composed of five members, who are
elected as provided in Chapter 49.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 715, § 37, eff. Sept. 1,
1995.
§ 66.102. QUALIFICATION OF DIRECTORS. To serve as a
director, a person must be at least 18 years old, a qualified voter,
and a resident of the district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.118. RULES. After notice and hearing, the board
shall adopt rules to carry out this chapter, including rules
providing procedures for giving notice and holding hearings before
the board.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
SUBCHAPTER D. POWERS AND DUTIES
§ 66.201. GENERAL POWERS. The district may:
(1) acquire land to construct facilities for the
district;
(2) construct regional stormwater retention and
detention pond facilities to retain stormwater runoff and to
prevent area and downstream flooding in the district;
(3) construct outfall drainage ditches and similar
facilities to control stormwater and floodwater and prevent area
and downstream flooding;
(4) provide for and use the land on which regional
stormwater retention and detention pond facilities are located for
park and recreational areas when the area is not used for holding
water;
(5) provide financing for land and facilities and for
construction of facilities from money obtained from sources
provided by this chapter and other laws of this state;
(6) advise, consult, contract, cooperate with, and
enter into agreements with the federal government and its agencies,
the state and its agencies, local governments, and persons; and
(7) apply for, accept, receive, and administer gifts,
grants, loans, and other funds available from any source.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.202. PLAN FOR FACILITIES. (a) Before the
district begins to acquire land and construct facilities, the
district engineer under the supervision of the board shall prepare
a detailed plan for the location of stormwater retention and
detention ponds and outfall drainage ditches or other similar
facilities within the district and for the acquisition of land and
construction of those works and facilities.
(b) In preparing the plan, the district shall attempt to
locate stormwater retention and detention ponds and outfall
drainage ditches and other similar facilities so that they will
provide the minimum amount of runoff in the district while at the
same time providing the maximum amount of protection from area and
downstream flooding.
(c) On completion of the plan by the employees, the board
shall approve the plan as the tentative plan and shall submit the
plan to the commission and to the commissioners court of each county
in which all or part of the district is located.
(d) The commission and each commissioners court shall
review the plan.
(e) Within 60 days after the date on which a plan is
submitted to a commissioners court, the commissioners court shall
prepare its suggestions for change in the plan and shall submit
those suggestions in writing to the commission.
(f) Not later than 10 days after the first day on which the
commission has received written suggestions from all commissioners
courts to which the plan was submitted, the commission shall give
notice and hold a hearing to consider the plan together with its
suggestions and the suggestions for change from the commissioners
courts. Notice shall be given and the hearing held as provided by
Chapter 2001, Government Code.
(g) At the conclusion of the hearing, the commission shall
issue an order stating the changes made in the plan, if any, and
approving the plan.
(h) An order of the commission under this section may not be
appealed.
(i) Amendments and modifications to a plan shall be made in
the manner provided by this section for preparation and approval of
the original plan.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995.
§ 66.216. TRANSFER OF LAND AND FACILITIES. (a) On
completion of all facilities proposed to be built by the district,
the district shall transfer title to the land and facilities other
than detention ponds to the county or counties in which the land and
facilities are located.
(b) Each county that receives transfer of title to land and
facilities under Subsection (a) of this section shall maintain
those facilities and shall use the land and facilities for the
purpose of stormwater retention and detention ponds and for park
and recreational areas as authorized for the district.
(c) If another regional flood control project is
constructed by the state or a political subdivision of the state,
the county may transfer title of the land and facilities
transferred to it under this section to the state or to the
political subdivision to be used for the purposes for which it was
originally acquired or constructed by the district.
(d) A conveyance of land and facilities to the county under
this section is made free and clear of all indebtedness of the
district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.217. EFFECT OF TRANSFER. (a) On conveyance of
land and facilities to a county under this subchapter the district
is no longer responsible for the land and facilities or their
maintenance or upkeep, and the control over the land and facilities
is solely in the county to which conveyed.
(b) Conveyance of land and facilities to a county under this
subchapter does not affect the duties and responsibilities of the
district to pay in full the principal of and the premium, if any,
and interest on any outstanding bonds or other indebtedness of the
district and to observe and perform the covenants, obligations, or
conditions provided by the orders or resolutions authorizing the
bonds or other indebtedness.
(c) Notwithstanding the conveyance of land and facilities
to a county under this subchapter, the district is solely
responsible and liable for payment in full of the principal of and
the premium and interest on any bonds or other indebtedness of the
district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.218. TRANSFER IN PORTIONS. This subchapter may not
be construed as preventing the conveyance of a portion of the land
and facilities proposed to be constructed by a district if the
district's facilities are constructed in stages.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. GENERAL FISCAL PROVISIONS
§ 66.303. ANNUAL BUDGET. (a) The board shall prepare
and approve an annual budget.
(b) The budget shall contain a complete financial
statement, including a statement of:
(1) the outstanding obligations of the district;
(2) the amount of cash on hand to the credit of each
fund of the district;
(3) the amount of money received by the district from
all sources during the previous year;
(4) the amount of money available to the district from
all sources during the ensuing year;
(5) the amount of the balances expected at the end of
the year in which the budget is being prepared;
(6) the estimated amount of revenues and balances
available to cover the proposed budget; and
(7) the estimated tax rate that will be required.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.304. AMENDING BUDGET. After the annual budget is
adopted, it may be amended on the board's approval.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.310. ISSUANCE OF BONDS. (a) The board may issue
and sell bonds in the name of the district to acquire land and
construct facilities as provided by this chapter.
(b) Bonds issued by a district and projects and improvements
of the district that are provided through the issuance of bonds are
governed by Chapter 49.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 715, § 38, eff. Sept. 1,
1995.
§ 66.311. MANNER OF REPAYMENT OF BONDS. The board may
provide for the payment of the principal of and interest on the
bonds from the levy and collection of property taxes on all taxable
property within the district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.313. FORM OF BONDS. (a) The district may issue
its bonds in various series or issues.
(b) Bonds may mature serially or otherwise not more than 50
years from their date and shall bear interest at any rate or rates
permitted by the constitution and laws of this state.
(c) The district's bonds and interest coupons, if any, are
investment securities under the terms of Chapter 8 of the Business &
Commerce Code and may be issued registrable as to principal or as to
both principal and interest or may be issued in book entry form and
may be made redeemable before maturity at the option of the district
or may contain a mandatory redemption provision.
(d) The district's bonds may be issued in the form,
denominations, and manner and under the terms, conditions, and
details and shall be signed and executed as provided by the board in
the resolution or order authorizing their issuance.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.314. PROVISIONS OF BONDS. (a) In the orders or
resolutions authorizing the issuance of bonds, including refunding
bonds, the board may provide for the flow of funds, the
establishment and maintenance of the interest and sinking fund, the
reserve fund, and other funds and may make additional covenants
with respect to the bonds and the pledged fees.
(b) The orders or resolutions of the board authorizing the
issuance of bonds may also prohibit the further issuance of bonds or
other obligations payable from the pledged fees or may reserve the
right to issue additional bonds to be secured by a pledge of and
payable from the fees on a parity with or subordinate to the pledge
in support of the bonds being issued.
(c) The orders or resolutions of the board issuing bonds may
contain other provisions and covenants as the board may determine.
(d) The board may adopt and have executed any other
proceedings or instruments necessary and convenient in connection
with the issuance of bonds.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.315. APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY
COMPTROLLER. (a) Bonds issued by the district and the records
relating to their issuance must be submitted to the attorney
general for examination.
(b) If the attorney general finds that the bonds have been
authorized in accordance with law, he shall approve them, and they
shall be registered by the comptroller of public accounts.
(c) After the approval and registration of bonds, the bonds
are incontestable in any court or other forum for any reason and are
valid and binding obligations in accordance with their terms for
all purposes.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.316. REFUNDING BONDS. Refunding bonds may be
issued for the purposes and in the manner provided by general law
including Chapter 1207, Government Code.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1420, § 8.422, eff. Sept. 1,
2001.
§ 66.317. BONDS AS INVESTMENTS. District bonds are
legal and authorized investments for:
(1) banks;
(2) savings banks;
(3) trust companies;
(4) savings and loan associations;
(5) insurance companies;
(6) fiduciaries;
(7) trustees;
(8) guardians; and
(9) sinking funds of cities, counties, school
districts, and other political subdivisions of the state and other
public funds of the state and its agencies, including the permanent
school fund.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.318. BONDS AS SECURITY FOR DEPOSITS. District
bonds are eligible to secure deposits of public funds of the state
and cities, counties, school districts, and other political
subdivisions of the state. The bonds are lawful and sufficient
security for deposits to the extent of their value when accompanied
by all unmatured coupons.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.319. MANDAMUS BY BONDHOLDERS. In addition to all
other rights and remedies provided by law, if the district defaults
in the payment of principal, interest, or redemption price on its
bonds when due or if it fails to make payments into any fund or funds
created in the orders or resolutions authorizing the issuance of
the bonds or defaults in the observation or performance of any other
covenants, conditions, or obligations set forth in the orders or
resolutions authorizing the issuance of its bonds, the owners of
any of the bonds are entitled to a writ of mandamus issued by a court
of competent jurisdiction compelling and requiring the district and
its officials to observe and perform the covenants, obligations, or
conditions prescribed in the orders or resolutions authorizing the
issuance of the district's bonds.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.320. APPLICATION OF OTHER LAWS. Bonds of the
district are considered public securities under Chapter 1201,
Government Code.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1420, § 8.422, eff. Sept. 1,
2001.
§ 66.321. TAX STATUS OF BONDS. Since a district created
under this chapter is a public entity performing an essential
public function, bonds issued by the district, any transaction
relating to the bonds, and profits made in the sale of the bonds are
free from taxation by the state or by any city, county, special
district, or other political subdivision of the state.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.322. LEVY OF TAXES. The board may annually levy
taxes in the district to pay the principal of and interest on bonds
issued by the district and the expense of assessing and collecting
taxes.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.324. BOARD AUTHORITY. (a) The board may levy
taxes for the entire year in which the district is created.
(b) The board shall levy taxes on all property within the
boundaries of the district subject to district taxation.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.325. TAX RATE. In setting the tax rate, the board
shall take into consideration the income of the district from
sources other than taxation. On determination of the amount of tax
required to be levied, the board shall make the levy and certify it
to the tax assessor-collector.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.326. TAX APPRAISAL, ASSESSMENT, AND
COLLECTION. (a) The Tax Code governs the appraisal, assessment,
and collection of district taxes.
(b) The board may provide for the appointment of a tax
assessor-collector for the district or may contract for the
assessment and collection of taxes as provided by the Tax Code.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
SUBCHAPTER F. DISSOLUTION
§ 66.401. PETITION FOR DISSOLUTION. After a district
has completed all construction of facilities provided in the plan
and conveyed those facilities to the designated counties and after
all bonds and other indebtedness of the district are paid in full,
the district shall submit to the commission a petition for
dissolution accompanied by such evidence as the commission requires
in its rules or by order to show that the plan prepared and adopted
in accordance with Section 66.202 of this chapter has been carried
out and all bonds and other indebtedness have been paid in full.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.402. COMMISSION'S ORDER TO DISSOLVE
DISTRICT. (a) After considering the petition and the
accompanying evidence, if the commission finds that the work is
completed according to the plan and the facilities have been
conveyed and that all bonds and other indebtedness have been
retired, the commission shall order the district dissolved.
(b) If the commission finds that the work has not been
completed according to the plan, that all facilities have not been
conveyed, or that all bonds and other indebtedness have not been
retired, the commission shall issue an order that will ensure that
the work is completed by the district, all conveyances are made, and
all debt will be retired, and on compliance with this order shall
issue an order dissolving the district.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.403. DISTRIBUTION OF ASSETS. (a) If at the time a
district is dissolved, the district has any surplus funds in any of
its accounts, the board shall transfer those funds to the county
that assumes jurisdiction over the facilities conveyed by the
district, and the county receiving the funds shall use those funds
to maintain the facilities conveyed.
(b) If more than one county assumes jurisdiction over
district facilities, the board shall transfer the funds to each
county based on the proportion of the proceeds of all indebtedness
incurred by the district to acquire the land and construct the
facilities conveyed to that county.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
§ 66.404. EFFECT OF COMMISSION ORDER. On the issuance
of the order of dissolution by the commission, the dissolved
district ceases to exist as a governmental entity, and the board
shall continue in existence only for the purpose of transferring
district funds and disposing of district assets.
Added by Acts 1985, 69th Leg., ch. 734, § 1, eff. Sept. 1, 1985.
