CHAPTER 51. WATER CONTROL AND IMPROVEMENT DISTRICTS

WATER CODE

TITLE 4. GENERAL LAW DISTRICTS

CHAPTER 51. WATER CONTROL AND IMPROVEMENT DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 51.001. DEFINITIONS. In this chapter:

(1) "District" means a water control and improvement district.

(2) "Board" means the board of directors of a district.

(3) "Director" means a member of the board of directors of a

district.

(4) "Commissioners court" means the commissioners court of the

county in which a district or part of a district is located.

(5) "Commission" means the Texas Natural Resource Conservation

Commission.

(6) "Executive director" means the executive director of the

Texas Natural Resource Conservation Commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff.

June 10, 1981; Acts 1981, 67th Leg., p. 3150, ch. 828, Sec. 1,

eff. June 17, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.138,

eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.

1.075, eff. Aug. 12, 1991.

SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT

Sec. 51.011. CREATION OF DISTRICT. A water control and

improvement district may be created under and subject to the

authority, conditions, and restrictions of either Article III,

Section 52, of the Texas Constitution, or Article XVI, Section

59, of the Texas Constitution.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.012. COMPOSITION OF DISTRICT. (a) A district may

include all or part of one or more counties, including any town,

village, or municipal corporation, and may include any other

political subdivision of the state or any defined district.

(b) The areas composing a district do not have to be contiguous

but may consist of separate bodies of land separated by land not

included in the district; however, each segregated area, before

it may be included in the district, must cast a majority vote in

favor of the creation of the district.

(c) No district may include territory located in more than one

county except by a majority vote of the electors residing within

the territory in each county sought to be included in the

district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.013. PETITION. (a) A petition requesting creation of a

district shall be signed by a majority of the persons who hold

title to land in the proposed district which represents a total

value of more than 50 percent of the value of all the land in the

proposed district as indicated by the tax rolls of the central

appraisal district. If there are more than 50 persons holding

title to land in the proposed district, the petition is

sufficient if signed by 50 of them.

(b) The petition may be signed and filed in two or more copies.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 25, eff. June 17,

2001.

Sec. 51.014. CONTENTS OF PETITION. The petition shall include:

(1) the name of the district;

(2) the area and boundaries of the district;

(3) the provision of the Texas Constitution under which the

district is to be organized;

(4) the purpose or purposes of the district;

(5) a statement of the general nature of the work to be done and

the necessity and feasibility of the project, with reasonable

detail and definiteness to assist the court or commission passing

on the petition in understanding the purpose, utility,

feasibility, and need; and

(6) a statement of the estimated cost of the project based on

the information available to the person filing the petition at

the time of filing.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.015. PLACE OF FILING; RECORDING. (a) The petition

shall be filed in the office of the county clerk of the county in

which the district is located. If land in more than one county is

included in the district, copies of the petition certified by the

clerk shall be filed in the office of the county clerk of each

county in which a portion of the district is located.

(b) The petition shall be recorded in a book kept for that

purpose in the office of the county clerk.

(c) If more than one petition is filed and the petitions are

identical except for the signature, one copy of the petition

shall be recorded and all signatures on the other petitions shall

be included.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.016. COMMISSIONERS COURT OR COMMISSION TO CONSIDER

CREATION OF DISTRICT. If the land to be included in a district

is within one county, the creation of the district shall be

considered and ordered by the commissioners court, but if the

land to be included in a district is in two or more counties, the

creation of the district shall be considered and ordered by the

commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff.

June 10, 1981.

Sec. 51.017. SINGLE-COUNTY DISTRICT: HEARING. (a) Except as

provided in Subchapter H of this chapter, if a petition is filed

for the creation of a district within one county, the county

judge shall issue an order setting the date of hearing on the

petition by the commissioners court and shall endorse the order

on the petition or on a paper attached to the petition.

(b) After the order is issued, the county clerk shall issue

notice of the hearing.

(c) The petition may be considered at a regular or special

session of the court.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.018. SINGLE-COUNTY DISTRICT: NOTICE OF HEARING. (a)

The notice of hearing on the petition shall include a statement

of the nature and purpose of the district and the date, time, and

place of hearing.

(b) The notice shall be prepared with one original and three

copies. The county clerk shall retain one copy of the notice in

his files and deliver the original and two copies to the county

sheriff.

(c) The sheriff shall post one copy of the notice at the

courthouse door 15 days before the day of the hearing and shall

publish one copy in a newspaper of general circulation in the

county once a week for two consecutive weeks. The first newspaper

publication shall be made at least 20 days before the day of

hearing.

(d) Before the hearing, the sheriff shall make due return of

service of the notice with copy and affidavit of publication

attached to the original.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.019. SINGLE-COUNTY DISTRICT: NAME. (a) A district

located in one county may be named the ____________ County Water

Control and Improvement District, Number ____. (Insert the name

of the county and proper consecutive number.)

(b) A district may be known and designated by any term

descriptive of the location of the district and descriptive of

the principal powers to be exercised by the district; however,

the word "district" shall be included in the designation and a

consecutive number shall be assigned to it if other districts of

the same name have been created in the county.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.020. SINGLE-COUNTY DISTRICT: TESTIMONY AT HEARING. (a)

At the hearing on the petition, any person whose land is included

in or would be affected by the creation of the district may

appear and contest the creation of the district and may offer

testimony to show that the district:

(1) is or is not necessary;

(2) would or would not be a public utility or benefit to land in

the district; and

(3) would or would not be feasible or practicable.

(b) The hearing may be adjourned from day to day.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.021. SINGLE-COUNTY DISTRICT: GRANTING OR REFUSING

PETITION. (a) The commissioners court or the commission shall

grant the petition requesting the creation of a district if it

appears at the hearing that:

(1) organization of the district as requested is feasible and

practicable;

(2) the land to be included and the residents of the proposed

district will be benefited by the creation of the district;

(3) there is a public necessity or need for the district; and

(4) the creation of the district would further the public

welfare.

(b) If the commissioners court or the commission fails to make

the findings required by Subsection (a) of this section, it shall

refuse to grant the petition.

(c) If the commissioners court or the commission finds that any

of the land sought to be included in the proposed district will

not be benefited by inclusion in the district, it may exclude

those lands not to be benefited and shall redefine the boundaries

of the proposed district to include only the land that will

receive benefits from the district.

(d) Repealed by Acts 1989, 71st Leg., ch. 936, Sec. 19, eff.

Sept. 1, 1989.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1989, 71st Leg., ch. 936, Sec. 19, eff. Sept. 1,

1989.

Sec. 51.022. SINGLE-COUNTY DISTRICT: APPEAL FROM ORDER OF

COMMISSIONERS COURT. (a) If the commissioners court grants or

refuses to grant the petition, any person who signed the petition

or any person who appears and protests the petition and offers

testimony against the creation of the district may appeal from

the order of the court by giving notice of appeal in open court

at the time of the entry of the order, which shall be entered on

the court's docket, and by filing with the clerk of the

commissioners court within five days a good and sufficient appeal

bond in the amount of $2500.

(b) The appeal bond shall be approved by the clerk of the

commissioners court payable to the county judge conditioned for

the prosecution of the appeal with effect and the payment of all

costs incurred with the appeal in the event that the final decree

of the court is against the appellant.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL; NOTICE OF

APPEAL. (a) On completion of an appeal as provided in Section

51.022 of this code, the clerk of the commissioners court shall,

within 10 days, prepare a certified transcript of all orders

entered by the commissioners court and transmit them with all

original documents, processes, and returns on processes to the

clerk of the district court to which the appeal is taken.

(b) All persons shall be charged with notice of the appeal

without notice or service of notice. No person who failed to

appear by petition, in person, or by attorney in the

commissioners court may be permitted to intervene in the district

court trial.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT;

PROCEDURE. (a) The district court, either in term time or in

vacation time, shall schedule the appeal for hearing with all

reasonable dispatch.

(b) In the proceeding in the district court, formal pleadings

shall not be required but, with the court's permission, may be

filed.

(c) The trial and decision shall be by the court without the

intervention of a jury, and the hearing shall be conducted as

though the jurisdiction of the district court were original

jurisdiction.

(d) The following matters may be contested in the district

court:

(1) all matters which were or might have been presented in the

commissioners court;

(2) the validity of the act under which the district is proposed

to be created; and

(3) the regularity of all previous proceedings.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(43),

eff. Aug. 31, 1981.

Sec. 51.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT COURT;

APPEAL. (a) In the appeal, the district court shall apply to

the determination its full powers to the end that substantial

justice may be done.

(b) An appeal from the judgment of the district court may be

taken as in other civil causes, but appeals filed under Section

51.022 of this code shall be given precedence on the docket of

any higher court over all causes which are not of similar public

concern.

(c) The final judgment of the district court, or other court to

which an appeal may be prosecuted, shall be certified and

transmitted to the clerk of the commissioners court with all

original documents and processes which were transmitted from the

commissioners court to the district court on appeal.

(d) The commissioners court shall enter its order on the

petition to conform to the decree entered by the court of final

jurisdiction and shall enter other and further orders as may be

required by law to execute the intent of the certified decree.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS;

BOND. (a) If the commissioners court grants a petition for

creation of a district, it shall appoint five directors who shall

serve until their successors are elected or appointed in

accordance with law.

(b) Each director shall, within 15 days after appointment, file

his official bond in the office of the county clerk, and the

county clerk shall present the bond to the county judge for

approval. The county judge shall pass on the bond and approve it,

if it is proper and sufficient, or disapprove it and shall

endorse his action on the bond and return it to the county clerk.

(c) If approved, the bond of a director shall be recorded in a

record kept for that purpose in the office of the county clerk,

but if a bond is not approved, a new bond may be furnished within

10 days after disapproval.

(d) If any director appointed under this section fails to

qualify, the commissioners court shall appoint another person to

replace him.

(e) Each director appointed under this section shall take the

oath of office as provided by Section 51.078 of this code.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.027. MULTI-COUNTY DISTRICT: HEARING BY COMMISSION. (a)

The commission shall have exclusive jurisdiction and power to

hear and determine all petitions for creation of a district which

will include land or property located in two or more counties.

(b) The orders of the commission concerning the organization of

a district shall be final, unless an appeal is taken from the

orders as provided in this subchapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.028. MULTI-COUNTY DISTRICT: NOTICE OF HEARING. (a)

When a petition is filed, the commission shall give notice of an

application in the manner provided in Section 49.011 and may

conduct a hearing on the application if the commission determines

that a hearing is necessary under that section.

(b) Further, the notice shall be posted at the courthouse door,

on the bulletin board used for posting legal notices, in each

county in which the district may be located.

(c) The notice shall be published in one or more newspapers with

general circulation in the area of the proposed district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 25, eff. Sept. 1,

1997.

Sec. 51.031. MULTI-COUNTY DISTRICT: APPEAL FROM COMMISSION

DECISION. (a) When the commission grants or refuses a petition,

any person who comes within the requirements specified in

Sections 51.020-51.025 of this code may prosecute an appeal from

the judgment of the commission under Sections 51.022-51.025 of

this code.

(b) The appeal may be taken to any district court in any county

in which part of the proposed district is located or to a

district court in Travis County.

(c) The time within which an appeal bond may be approved and

filed is 15 days after the entry of the final order by the

commission.

(d) On the perfection of the appeal, the appellant shall pay the

actual cost of the transcript of the record, which will be

assessed as part of the costs incurred on the appeal.

(e) Whenever practicable, the original documents and processes

with the returns attached shall be sent to the district court.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.032. MULTI-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS BY

COMMISSION; BOND. (a) If the commission grants the petition for

creation of the district, it shall appoint five directors, who

shall serve until their successors are elected or appointed.

(b) A certified copy of the order of the commission granting a

petition and naming the directors shall be filed in the office of

the county clerk of each county in which a portion of the

district is located.

(c) Each director named in the order shall, within 15 days after

appointment, file his official bond in the office of the county

clerk of the county of his residence. The county clerk shall

present the bond to the county judge for approval.

(d) The county judge shall act on each bond in the manner

provided in Section 51.026 of this code.

(e) If any director appointed under this section fails to

qualify, the commissioners court of the county in which he lives

shall appoint some qualified person to replace him.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION

IN DISTRICT. (a) No city, town, or municipal corporation may be

included within any district created under this chapter unless

the proposition for the creation of the district has been adopted

by a majority of the electors in the city, town, or municipal

corporation.

(b) Any municipal corporation included within a district shall

be a separate voting district, and the ballots cast within the

municipal corporation shall be counted and canvassed separately

from the remainder of the district.

(c) No district which includes a city, town, or municipal

corporation may include land outside of the municipal corporation

unless the election to confirm and ratify the creation of the

district favors the creation of the district independent of the

vote within the municipal corporation.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN

MORE THAN ONE COUNTY. No district, the major portion of which is

located in one county, may be organized to include land in

another county unless the election held in the other county to

confirm and ratify the creation of the district is adopted by

those voting in the other county.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.037. EXCLUSION OF PARTS OF DISTRICT; DISSOLUTION. (a)

If any portion of a district governed by Sections 51.035 and

51.036 of this code, votes against the creation of the district

and the remainder of the district votes for the creation, the

district is confirmed and ratified in those portions of the

district voting for the creation, and the district is composed

only of those portions.

(b) The excluded portions of the district shall be excluded from

all debts and obligations incurred after the election; however,

all land and property included in the original district shall be

subject to the payment of taxes for the payment of all debts and

obligations, including organization expenses, incurred while it

was a part of the district.

(c) If a district is created and portions of the proposed

district are excluded by the vote in those portions, 10 percent

of the voters in the district may file with the board a petition

asking for a new election on the issue. A new election shall be

ordered and held for the remaining portion of the district or the

district organization may be dissolved by order of the board and

a new district formed.

(d) A petition requesting a new election shall be filed within

30 days after the day on which the result of the election is

canvassed and declared by the board.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.038. MUNICIPAL DISTRICTS. (a) A district operating

under the provisions of this chapter may, by order of the board

entered in the minutes, become a "municipal district."

(b) To become a municipal district, a district shall have a

taxing power unlimited as to rate and amount and may not have

outstanding or authorized bond obligations exceeding 20 percent

of the established assessable, taxable evaluation of the real

estate subject to the district's taxing power. In computing

outstanding or authorized bond obligations, the bond obligations

which may be retired by the district out of revenues from sources

other than the income from district taxation shall not be

included.

(c) To be eligible to become a municipal district, a district:

(1) shall embrace the total area of a municipal corporation

which has bond obligations which may be declared eligible for

purchase by savings banks and trusts under the acts of the State

of New York, and which has plans designed for furnishing, in

whole or in part, a water supply, sanitation facilities, flood

protection, or other service inuring to the general benefit of

the inhabitants of the embraced city; or

(2) shall have a population, according to the last preceding

federal census, of at least 30,000 persons and have established

assessable real estate values of at least $50 million.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.039. BONDS OF MUNICIPAL DISTRICTS. (a) A district

operating under Section 51.038 of this code may issue bonds which

bear the legend "municipal bond."

(b) Bonds issued in compliance with this section and with

Section 51.038 of this code shall be eligible for investment of

the funds of:

(1) state banks, trust funds, and savings banks;

(2) insurance companies, for the purpose of holding the bonds as

legal reserves against liability under their contracts for

insurance or for investment of an accumulated surplus;

(3) counties, cities, towns, and other political bodies, for the

purpose of investing the accumulated sinking fund money of those

bodies;

(4) the State Board of Education and the regents of The

University of Texas System; and

(5) trustees, receivers, administrators, and guardians

administering funds under orders of a court.

(c) Municipal bonds issued under this section, when in the

lawful possession of any person, shall be lawful reserves, where

reserves are required by law.

(d) The bonds are eligible for deposit with the banking and

insurance departments of Texas in all cases where deposit,

pledge, or security is required by law.

(e) The bonds shall be lawful security for any bank designated

as an official depository for a political body under the laws of

Texas.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.040. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS

OPERATING UNDER THIS CHAPTER. (a) Any water improvement

district, levee improvement district, or irrigation district

created under Article III, Section 52, of the Texas Constitution,

or under Article XVI, Section 59, of the Texas Constitution, or

any conservation and reclamation district created under Article

XVI, Section 59, of the Texas Constitution, may be converted to a

district operating under this chapter.

(b) The governing body of a district which desires to convert

into a district operating under this chapter shall adopt and

enter in the minutes of the governing body a resolution declaring

that, in its judgment, conversion into a water control and

improvement district operating under this chapter and under

Article XVI, Section 59, of the Texas Constitution, would serve

the best interest of the district and would be a benefit to the

land and property included in the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.041. CONVERSION OF DISTRICT; NOTICE. (a) Notice of the

adoption of a resolution under Section 51.040 of this code shall

be given by publishing the resolution in a newspaper with general

circulation in the county or counties in which the district is

located.

(b) The notice shall be published once a week for two

consecutive weeks with the first publication not less than 14

full days before the time set for a hearing.

(c) The notice shall:

(1) state the time and place of the hearing;

(2) set out the resolution in full; and

(3) notify all interested persons to appear and offer testimony

for or against the proposal contained in the resolution.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.042. CONVERSION OF DISTRICT; FINDINGS. (a) If, on a

hearing, the governing body of the district finds that conversion

of the district into one operating under this chapter would serve

the best interest of the district and would be a benefit to the

land and property included in the district, it shall enter an

order making this finding and the district shall become a

district operating under this chapter.

(b) If the governing body finds that the conversion of the

district would not serve the best interest of the district and

would not be a benefit to the land and property included in the

district, it shall enter an order against conversion of the

district into one operating under this chapter.

(c) The findings of the governing body of a district entered

under this section are final and not subject to appeal or review.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.043. EFFECT OF CONVERSION. A district which converts

into a district operating under this chapter shall:

(1) be constituted a water control and improvement district

operating under and governed by this chapter;

(2) be a conservation and reclamation district under the

provisions of Article XVI, Section 59, of the Texas Constitution;

and

(3) have and may exercise all the powers, authority, functions,

and privileges provided in this chapter in the same manner and to

the same extent as if the district had been created under this

chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.044. RESERVATION OF CERTAIN POWERS FOR CONVERTED

DISTRICTS. (a) Any water improvement district, water control

and preservation district, fresh water supply district, levee

improvement district, drainage district, or navigation district,

after conversion under Section 51.040 of this code, may continue

to exercise all necessary specific powers under any specific

conditions provided by the chapter of this code under which the

district was operating before conversion.

(b) At the time of making the order of conversion, the governing

body shall specify in the order the specific provisions of the

chapter of the code under which the district had been operating

which are to be preserved and made applicable to the operations

of the district after conversion into a district operating under

this chapter.

(c) A reservation of a former power under Subsection (a) of this

section may be made only if this chapter does not make specific

provision concerning a matter necessary to the effectual

operation of the converted district.

(d) In all cases in which this chapter does make specific

provision, this chapter shall, after conversion, control the

operations and procedure of the converted district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.045. CONVERSION OF A DISTRICT OPERATING UNDER THIS

CHAPTER TO A FRESH WATER SUPPLY DISTRICT. (a) Any district

operating under this chapter may be converted into a district

operating as a fresh water supply district under Chapter 53 of

this code in the manner provided in this section.

(b) The governing body of a district desiring to convert under

this section shall adopt a resolution declaring that, in its

judgment, conversion of the district into one operating under

Chapter 53 of this code and under the provisions of Article XVI,

Section 59, of the Texas Constitution, would be in the best

interest of the district and would be a benefit to the land and

property in the district.

(c) The resolution shall provide for a public hearing on the

proposition at a date to be fixed by the governing body not less

than 15 days nor more than 30 days from the date of the

resolution.

(d) Notice of the hearing shall be published once a week for two

consecutive weeks in a newspaper with general circulation in the

area in which the district is located. The first publication

shall be not less than 14 days before the time set for the

hearing. The notice shall contain a copy of the resolution or a

substantial statement of the matters contained in the resolution.

(e) At the hearing, any person may appear and offer testimony

and other evidence.

(f) If, on hearing, the board finds that the conversion of the

district operating under this chapter into one operating under

Chapter 53 of this code would be in the best interest of the

district and would be a benefit to the land and property in the

district, it shall enter an order declaring the district to be

one operating under Chapter 53 of this code, and thereafter, the

district shall operate under the provisions of Chapter 53.

(g) If the board finds that conversion would not be in the best

interest of the district and would not be a benefit to the land

and property in the district, it shall enter its order to that

effect and the district shall continue to operate under this

chapter.

(h) The findings of the governing body shall be final and not

subject to review or appeal.

(i) Nothing in this section may be construed to authorize the

impairment of any existing contract.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.046. ORGANIZATION OF DISTRICT TO CONDUCT PRELIMINARY

SURVEYS. A district may be organized for the sole purpose of

conducting preliminary surveys to determine whether or not

improvements are needed and what improvements, if any, are

required to promote the public welfare.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.047. CREATION OF MASTER DISTRICT. A master district may

be created under this chapter and may include all or any part of

the area of one or more districts created and operating under the

provisions of this chapter or Chapters 53, 55, 56, 57, 60-63 of

this code or Chapter 3, Title 128, Revised Civil Statutes of

Texas, 1925.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.048. PURPOSES OF MASTER DISTRICT. (a) A master

district may be created to conduct preliminary surveys and to

develop a plan for the control and use of the water of any given

stream, so that the improvements on one part of a watershed will

be mechanically and economically related to all other

improvements on the stream or its watershed.

(b) A master district also may be created to enable districts to

pool their resources when necessary to economically:

(1) make preliminary surveys;

(2) adopt a plan to coordinate the plants, improvements, and

facilities of the several constituent districts;

(3) provide the improvements and facilities proposed to be

constructed and furnished by the master district;

(4) provide improvements for the common benefit of the several

districts;

(5) enable the districts jointly to make purchases; or

(6) maintain or operate works for the common benefit of the

several districts.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.049. MASTER DISTRICT; PROCEDURE. (a) The Commission

shall have exclusive jurisdiction to hear and determine petitions

for the creation of a master district.

(b) Each district composing part of a master district shall, for

all purposes of an election, constitute a separate voting unit.

No existing district may be included in a master district unless

the proposal is approved by a majority of the qualified electors

of the constituent district voting in the election.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.050. MASTER DISTRICT; DIRECTORS. A master district may

have directors which number five, seven, or any other uneven

number up to 21.

(b) The number shall be determined at the time of the creation

of the district and may thereafter be changed by the directors of

the district in a manner to conform to the requirements for

equitable representation for the various areas of the master

district.

(c) The election and qualification of the directors shall, where

applicable, be controlled as provided by the other provisions of

this chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.051. MASTER DISTRICT GOVERNED BY CHAPTER. The

provisions of this chapter, where applicable, shall govern a

master district in:

(1) the procedure for its creation;

(2) the conduct of its affairs; and

(3) its powers.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.052. CITY, TOWN, OR MUNICIPAL CORPORATION CREATED AS A

DISTRICT. (a) Any city, town, or municipal corporation may have

the benefit and powers provided in this chapter under the Texas

Constitution and may aid any district in the construction and

operation of any improvements to the extent that the improvements

may be an advantage to the municipal corporation.

(b) The area included in any city, town, or municipal

corporation may be organized into and constituted a district

operating under this chapter with all the powers, authority, and

privileges provided by Article XVI, Section 59, of the Texas

Constitution. The district shall be governed by this chapter and

by an ordinance duly enacted by the governing body of the city,

town, or municipal corporation.

(c) The ordinance required by Subsection (b) of this section

shall appoint five directors for the district. Each director's

bond shall be filed with and approved by the governing body of

the municipal corporation.

(d) On the qualification of the directors, the district shall be

completely organized without the necessity of an election. The

district shall thereafter be governed by the provisions of this

chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER C. ADMINISTRATIVE PROVISIONS

Sec. 51.071. BOARD OF DIRECTORS. The governing body of a

district is the board of directors, which shall consist of five

directors.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.0711. SPECIAL DIRECTOR. (a) The governing body of a

municipality that enters a contract or agreement with a district

located in more than one county to jointly construct, acquire,

operate, or maintain a regional wastewater system is entitled to

appoint a special director to the board of the district. Section

51.072 does not apply to a special director.

(b) The office of special director exists only during the period

for which the contract or agreement is in effect. If the contract

or agreement is in effect for a term of more than four years, a

special director serves for a four-year term of office. A vacancy

in the office of special director shall be filled by the

governing board of the municipality.

(c) A special director is entitled to vote only on matters

before the district's board of directors that are directly

related to the regional wastewater system that is the subject of

the contract or agreement between the municipality and the

district.

(d) In any matter on which the director appointed under this

section votes, approval by a majority of the six members of the

board is required for approval.

Added by Acts 1989, 71st Leg., ch. 575, Sec. 1, eff. June 14,

1989. Amended by Acts 1995, 74th Leg., ch. 715, Sec. 4, eff.

Sept. 1, 1995.

Sec. 51.072. QUALIFICATIONS FOR DIRECTOR. To be qualified for

election as a director, a person must be a resident of the state,

own land subject to taxation in the district, and be at least 18

years of age. Section 49.052 does not apply to a district

governed by this chapter whose principal purpose is providing

water for irrigation.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1995, 74th Leg., ch. 715, Sec. 5, eff. Sept. 1,

1995.

Sec. 51.0731. ELECTION DATE FOR CERTAIN DIRECTORS. The election

date for directors of a district proposing to provide or actually

providing water and sewer services or either of these services to

household users as the principal functions of the district shall

be the first Saturday in April.

Added by Acts 1973, 63rd Leg., p. 1539, ch. 559, Sec. 2, eff.

June 15, 1973. Amended by Acts 1975, 64th Leg., p. 625, ch. 256,

Sec. 1, eff. Sept. 1, 1975.

Sec. 51.0732. UNIFORM ELECTION DATE. Notwithstanding the

election date prescribed by Section 51.0731 of this code, an

election held under that section shall be held on a uniform

election date as provided by law.

Added by Acts 1987, 70th Leg., ch. 54, Sec. 25(l), eff. Sept. 1,

1987.

Sec. 51.075. APPLICATION TO GET ON BALLOT. A candidate for the

office of director or other elective office may file an

application with the secretary of the board to have the

candidate's name printed on the election ballot. The application

must be signed by the applicant or by at least 10 qualified

electors of the district and must be filed not later than 5 p.m.

of the 45th day before the date of the election.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1989, 71st Leg., ch. 1009, Sec. 1, eff. Sept. 1,

1989.

Sec. 51.076. SELECTION OF DIRECTORS IN CERTAIN DISTRICTS. (a)

In a district created after June 18, 1967, with boundaries

coterminous with the boundaries of a county, the commissioners

court may provide in the order granting the petition for creation

that the directors are to be selected either as provided in

Section 49.102 or by the "commissioners precinct method," which

provides for the election of two directors from each

commissioners precinct in the county and the election of one

director from the county at large.

(b) If the commissioners court provides for the commissioners

precinct method, it may appoint two qualified directors from each

commissioners precinct and one director from the county at large,

who shall serve until their successors are elected and have

qualified. Except for the provisions of this subsection, Section

51.026 of this code applies to the appointment of the initial

directors.

(c) The directors appointed by the commissioners court under

Subsection (b) of this section shall order an election in the

district on the second Tuesday in January following the creation

of the district. The two persons receiving the highest number of

votes in each precinct are the directors from that precinct, and

the person receiving the highest number of votes from the county

at large is the director at large.

(d) Of the two persons elected from each commissioners precinct,

the person who receives the highest number of votes in each

precinct shall serve for four years and until his successor is

elected and has qualified, and the person receiving the second

highest number of votes in each precinct shall serve for two

years and until his successor is elected and has qualified. The

person who is elected from the county at large shall serve for

four years and until his successor is elected and has qualified.

At each election after the first election, a person who is

elected director shall serve for four years and until his

successor is elected and has qualified.

(e) To be qualified for election as a director from a

commissioners precinct, a person must be 21 years of age, a

citizen of the state, and own land subject to taxation in the

commissioners precinct from which he is elected.

(f) To be qualified for election as a director from the county

at large, a person must possess the qualifications specified in

Section 51.072 of this code.

(g) If a vacancy occurs in the office of director between

regular elections, the vacancy shall be filled for the unexpired

term at a special election in the director's precinct. The

special election shall be called by a majority of the remaining

members of the board within 8 days after the vacancy occurs and

to be held not more than 40 days after the vacancy occurs.

(h) Except as otherwise provided in this section, all laws

relating to the election and qualification of directors of a

district shall govern and control the election and qualification

of directors selected by the commissioners precinct method

whether the precinct election is regular or special.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1983, 68th Leg., p. 5212, ch. 951, Sec. 3, eff.

Jan. 1, 1984; Acts 1995, 74th Leg., ch. 715, Sec. 6, eff. Sept.

1, 1995.

Sec. 51.085. DISTRICT TAX ASSESSOR AND COLLECTOR. The board may

appoint one person to the office of tax assessor and collector,

or it may order an election to fill that office.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.090. BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL

AGENT OR COLLECTING MONEY FOR UNITED STATES. (a) If a district

is appointed fiscal agent for the United States or if a district

is authorized to make collections of money for the United States

in connection with a federal reclamation project, each director

and officer of the district including the tax assessor and

collector shall execute an additional bond in the amount required

by the secretary of the interior, conditioned on the faithful

discharge of his respective office and on the faithful discharge

by the district of its duties as fiscal or other agent of the

United States under its appointment or authorization.

(b) The additional bonds shall be approved, recorded, and filed

as provided in this chapter for other official bonds.

(c) Suit may be brought on the bonds by the United States or any

person injured by the failure of the officer or the district to

fully, promptly, and completely perform their respective duties.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.0951. MEETINGS IN CERTAIN DISTRICTS. After at least 25

qualified electors are residing in a district covered by Section

51.0941 of this code, on written request of at least five of

these electors, the board shall designate a meeting place within

the district. On the failure to designate the location of the

meeting place within the district, five electors may petition the

commission to designate a location, which may be changed by the

board after the next election of members to the board.

Added by Acts 1973, 63rd Leg., p. 618, ch. 263, Sec. 2, eff. Aug.

27, 1973.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 51.121. PURPOSES OF DISTRICT. (a) A water control and

improvement district organized under the provisions of Article

III, Section 52, of the Texas Constitution, may provide for:

(1) the improvement of rivers, creeks, and streams to prevent

overflows, to permit navigation or irrigation, or to aid in these

purposes; or

(2) the construction and maintenance of pools, lakes,

reservoirs, dams, canals, and waterways for irrigation, drainage,

or navigation, or to aid these purposes.

(b) A water control and improvement district organized under the

provisions of Article XVI, Section 59, of the Texas Constitution,

may provide for:

(1) the control, storage, preservation, and distribution of its

water and floodwater and the water of its rivers and streams for

irrigation, power, and all other useful purposes;

(2) the reclamation and irrigation of its arid, semiarid, and

other land which needs irrigation;

(3) the reclamation, drainage, conservation, and development of

its forests, water, and hydroelectric power;

(4) the navigation of its coastal and inland water;

(5) the control, abatement, and change of any shortage or

harmful excess of water;

(6) the protection, preservation, and restoration of the purity

and sanitary condition of water within the state; and

(7) the preservation and conservation of all natural resources

of the state.

(c) The purposes stated in Subsection (b) of this section may be

accomplished by any practical means.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.122. ADOPTING RULES AND REGULATIONS. A district may

adopt and enforce reasonable rules and regulations to:

(1) secure and maintain safe, sanitary, and adequate plumbing

installations, connections, and appurtenances as subsidiary parts

of the district's sanitary sewer system;

(2) preserve the sanitary condition of all water controlled by

the district;

(3) prevent waste or the unauthorized use of water controlled by

the district;

(4) regulate privileges on any land or any easement owned or

controlled by the district; or

(5) provide and regulate a safe and adequate freshwater

distribution system.

Added by Acts 2001, 77th Leg., ch. 1423, Sec. 26, eff. June 17,

2001.

Sec. 51.125. CONSTRUCTION OF IMPROVEMENTS. A district may

construct all works and improvements necessary:

(1) for the prevention of floods;

(2) for the irrigation of land in the district;

(3) for the drainage of land in the district, including drainage

ditches or other facilities for drainage;

(4) for the construction of levees to protect the land in the

district from overflow;

(5) to alter land elevations where correction is needed; and

(6) to supply water for municipal uses, domestic uses, power and

commercial purposes, and all other beneficial uses or controls.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.127. ADOPTING RULES AND REGULATIONS. A district may

adopt and make known reasonable regulations to:

(1) secure and maintain safe, sanitary, and adequate plumbing

installations, connections, and appurtenances as subsidiary parts

of sanitary sewer systems;

(2) preserve the sanitary condition of all water controlled by

the district;

(3) prevent waste or the unauthorized use of water; and

(4) regulate residence, hunting, fishing, boating, and camping,

and all recreational and business privileges on any body or

stream of water, or any body of land, or any easement owned or

controlled by the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.128. EFFECT OF RULES AND REGULATIONS. After the

required publication, rules and regulations adopted by the

district under Section 51.127 of this code shall be recognized by

the courts as if they were penal ordinances of a city.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.129. PUBLICATION OF RULES AND REGULATIONS. (a) The

board shall publish once a week for two consecutive weeks a

substantive statement of the rules or regulations and the penalty

for their violation in one or more newspapers with general

circulation in the area in which the property of the district is

located.

(b) The substantive statement shall be as condensed as is

possible to intelligently explain the purpose to be accomplished

or the act forbidden by the rule or regulation.

(c) The notice must advise that breach of the regulations will

subject the violator to a penalty and that the full text of the

regulation is on file in the principal office of the district

where it may be read by any interested person.

(d) Any number of regulations may be included in one notice.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.130. EFFECTIVE DATE OF RULES AND REGULATIONS. The

penalty for violation of a rule or regulation is not effective

and enforceable until five days after the publication of the

notice. Five days after the publication, the published regulation

shall be in effect and ignorance of it is not a defense for a

prosecution for the enforcement of the penalty.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER

COUNTY AND PUBLIC ROADS. The district shall build necessary

bridges and culverts across and over district canals, laterals,

and ditches which cross county or public roads. Funds of the

district shall be used to construct the bridges and culverts.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER

RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.

(a) The district, at its own expense, may build necessary

bridges and culverts across or under any railroad tracks or

roadways of any railroad or any interurban, or street railway to

enable the district to construct and maintain any canal, lateral,

ditch, or other improvement of the district.

(b) Before the district builds a bridge or culvert, the board

shall deliver written notice to the local agent, superintendent,

roadmaster, or owner. The railroad company or its owner shall

have 60 days in which to build the bridge at its own expense and

according to its own plans.

(c) The canal, culvert, ditch, or structure shall be constructed

of sufficient size and proper plan to serve the purpose for which

it is intended.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.135. CONTRACTING FOR TOLL BRIDGES AND FERRY SERVICE.

(a) A district may make contracts with responsible persons for

the construction and operation of toll bridges over the

district's water for not more than 20 years or for ferry service

on or over the district's water for not more than 10 years.

(b) The contract shall set reasonable compensation to be charged

for service by the facility and shall require adequate bond or

bonds from the person with whom it enters into the contract,

payable to the district, on the conditions and in the amount

which the board considers necessary.

(c) The contracts may provide for forfeiture of the franchise

for a failure of the licensee to render adequate public service.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.149. CONTRACTS. (a) Notwithstanding Section 49.108(e),

no approval other than that specified in Subsection (c) need be

obtained in order for a contract between a district and a

municipality to be valid, binding, and enforceable against all

parties to the contract. After approval by a majority of the

electors voting at an election conducted in the manner of a bond

election, a district may make payments under a contract from

taxes for debt that does not exceed 30 years.

(b) A contract may provide that the district will make payments

under the contract from proceeds from the sale of notes or bonds,

from taxes, from any other income of the district, or from any

combination of these.

(c) A district may make payments under a contract from taxes,

other than maintenance taxes, after the provisions of the

contract have been approved by a majority of the electors voting

at an election held for that purpose.

(d) Any contract election may be held at the same time as and in

conjunction with an election to issue bonds, and the procedure

for calling the election, giving notice, conducting the election,

and canvassing the returns shall be the same as the procedure for

a bond election.

(e) A district created pursuant to Chapter 628, Acts of the 68th

Legislature, Regular Session, 1983, is defined as a municipal

corporation and political subdivision pursuant to Chapter 405,

Acts of the 76th Legislature, Regular Session, 1999, and is

authorized to take action accordingly.

Amended by Acts 1989, 71st Leg., ch. 328, Sec. 13, eff. Sept. 1,

1989; Acts 1995, 74th Leg., ch. 778, Sec. 1, eff. June 16, 1995;

Acts 2001, 77th Leg., ch. 965, Sec. 20.02, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 966, Sec. 2.58, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 1276, Sec. 18.010, eff. Sept. 1, 2003.

Sec. 51.150. CONTRACTS WITH OTHER DISTRICTS OR WATER SUPPLY

CORPORATIONS. (a) In this section, "authorized water district"

means a district created under Section 52(b)(1) or (2), Article

III, or Section 59, Article XVI, Texas Constitution.

(b) A district may enter into a contract with an authorized

water district or a water supply corporation that authorizes the

district to acquire, through the issuance of debt or other means,

and convey to the authorized water district or water supply

corporation all or part of a water supply, treatment, or

distribution system, a sanitary sewage collection or treatment

system, or works or improvements necessary for drainage of land

in the district. The contract may:

(1) permit the district to rehabilitate, repair, maintain,

improve, enlarge, or extend any existing facilities to be

conveyed to the authorized water district or water supply

corporation; or

(2) require the district to pay impact fees or other fees to the

authorized water district or water supply corporation for

capacity or service in facilities of the authorized water

district or water supply corporation.

(c) The contract entered into under Subsection (b) may authorize

the authorized water district or water supply corporation to

purchase the water, sewer, or drainage system from the district

through periodic payments to the district in amounts that,

combined with the net income of the district, are sufficient for

the district to pay the principal of and interest on any bonds of

the district. The contract may provide that the payments due

under this subsection:

(1) are payable from and secured by a pledge of all or part of

the revenues of the water, sewer, or drainage system;

(2) are payable from taxes to be imposed by the authorized water

district; or

(3) are payable from a combination of the revenues and taxes

described by Subdivisions (1) and (2).

(d) The contract may authorize the authorized water district or

water supply corporation to operate the water, sewer, or drainage

system conveyed by the district under Subsection (b).

(e) The contract may require the district to make available to

the authorized water district or water supply corporation all or

part of the raw or treated water to be used for the provision of

services within the district.

(f) If the contract provides for the water, sewer, or drainage

system to be conveyed to the authorized water district or water

supply corporation on or after the completion of construction,

the authorized water district or water supply corporation may pay

the district to provide water, sewer, or drainage services to

residents of the authorized water district or customers of the

water supply corporation.

(g) The contract may authorize the district to convey to the

authorized water district or water supply corporation at no cost

a water, sewer, or drainage system and require the authorized

water district or water supply corporation to use all or part of

those systems to provide retail service to customers within the

district in accordance with the laws of this state and any

certificate of convenience and necessity of the authorized water

district or water supply corporation.

(h) A contract under this section must be approved by a majority

vote of the governing bodies of the district and the authorized

water district or water supply corporation. If Section 52,

Article III, or Section 59, Article XVI, Texas Constitution,

requires that qualified voters of the district approve the

imposition of a tax by the district or the authorized water

district, the district or the authorized water district shall

call an election for that purpose.

Added by Acts 2005, 79th Leg., Ch.

962, Sec. 1, eff. June 18, 2005.

Sec. 51.156. CONTRACT WITH THE UNITED STATES. (a) The board of

a district organized under the provisions of Article XVI, Section

59, of the Texas Constitution to irrigate arid land may contract

with the United States for the investigation, construction,

extension, operation, and maintenance of any federal reclamation

project of benefit to the district and authorized under the

National Reclamation Act of 1902, as amended.

(b) The board may contract to secure a district water supply

from the federal reclamation project and to pay to the United

States the agreed cost of it in the form of construction charges,

operation and maintenance charges, and water rental charges, as

shown by the contract and in accordance with the terms and

conditions of the national reclamation law.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.157. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE

UNITED STATES. The construction charges under a contract with

the United States may include the cost of drainage and

flood-control works necessary to control floods or to maintain

the irrigability of district land, and the cost of incidental

electric power and municipal water service which the water supply

of the reclamation project makes feasible.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.158. ELECTION TO APPROVE A CONTRACT WITH THE UNITED

STATES. (a) The electors of the district shall vote to approve

every contract involving the payment of construction charges to

the United States. The provisions of this chapter relating to the

election to approve the validation of district bonds shall be

followed, including the prosecution of an action in court to

determine the validity of the contract.

(b) The notice of election shall state the maximum amount,

exclusive of operation and maintenance charges, water rental

charges, interest, and penalties, payable by the district to the

United States under the contract.

(c) The ballot shall be printed to provide for voting for or

against the proposition: "The contract with the United States and

levy of taxes to make payments under the contract." This is the

only proposition which may appear on the ballot.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.159. CONVEYING PROPERTY TO THE UNITED STATES. A

district may convey any property to the United States necessary

for the construction, operation, or maintenance of federal

reclamation works used or to be used for the benefit of the

district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.160. ENGINEERING DATA UNNECESSARY. If a district

contracts with the United States under the provisions of Section

51.155 of this code for use by the district of federal

reclamation works, the district need not prepare or file any

engineering data for the construction of the works.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.161. CONSENT OF UNITED STATES TO ALTER DISTRICT'S

BOUNDARIES. Until all money has been paid by the district which

is due to the United States under a contract relating to a

federal reclamation project, the United States must consent to

any change in the boundaries of the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 51.162. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE

UNITED STATES. (a) A district which enters into a contract with

the United States shall levy annually sufficient taxes to provide

payment of all installments required by the contract.

(b) The board may apportion benefits and levy and collect taxes

on the benefit basis instead of the ad valorem basis with the

approval of the district electors.

(c) The board may pay construction charges when provided by

contract on the basis of the average gross annual acre income of

the land of the district or designated divisions or s