Chapter 51

Water Control and Improvement Districts

Subchapter A. General Provisions

Subchapter B. Creation of District; Conversion of District

Subchapter C. Administrative Provisions

51.071 Board of Directors 51.0711 Special Director 51.072 Qualifications for Director 51.0731 Election Date for Certain Directors 51.0732 Uniform Election Date 51.075 Application to Get on Ballot 51.076 Selection of Directors in Certain Districts 51.085 District Tax Assessor and Collector 51.090 Bonds of Officers of a District Acting as Fiscal Agent or Collecting Money for United States 51.091 Projects of Certain Districts 51.0951 Meetings in Certain Districts

Subchapter D. Powers and Duties

51.121 Purposes of District 51.122 Adopting Rules and Regulations 51.125 Construction of Improvements 51.127 Adopting Rules and Regulations 51.128 Effect of Rules and Regulations 51.129 Publication of Rules and Regulations 51.130 Effective Date of Rules and Regulations 51.133 Constructing Bridges and Culverts Across and Over County and Public Roads 51.134 Constructing Culverts and Bridges Across and under Railroad Tracks, Roadways, and Interurban or Street Railways 51.135 Contracting for Toll Bridges and Ferry Service 51.149 Contracts 51.150 Contracts with Other Districts or Water Supply Corporations 51.156 Contract with the United States 51.157 Construction Charges under a Contract with the United States 51.158 Election to Approve a Contract with the United States 51.159 Conveying Property to the United States 51.160 Engineering Data Unnecessary 51.161 Consent of United States to Alter District's Boundaries 51.162 Taxes Levied by District under Contract with the United States 51.163 Assessments for Contracts with the United States 51.164 Duration of Annual Levies for Contracts with the United States 51.165 Superiority of Lien to Secure Contract with the United States 51.166 District's Authority to Solicit Cooperation, Donations and Contributions from Other Agencies 51.167 Expense of Procuring Cooperation and Contributions from Other Agencies 51.168 Authority of Contributor 51.169 Issuance of Bonds by Contributor 51.170 Annual Tax by Contributor 51.171 Contributions from Unappropriated or Available Funds of Contributor 51.172 Liability on Contracts of Acquired Irrigation System 51.173 Authority to Lease Irrigation System Serving the District 51.174 Covenants and Agreements Included in Lease 51.175 Revenue for Payment of Lease Rental 51.1751 Additional Sources for Payment of Lease 51.176 Receiver for Leased Irrigation System 51.177 Joint Lease by Two or More Districts 51.178 Authority to Acquire Irrigation System Subject to Mortgage 51.179 Revenue for Payment of Mortgage 51.180 Election to Approve Revenue for Payment of Mortgage 51.181 Joint Acquisition of Mortgaged System by Two or More Districts 51.182 Authority to Lease Facilities to Water Customers 51.184 Preference in Use of Water 51.185 Suit to Protect Water Rights 51.186 Transfer of Water Right 51.187 Selling Waterpower Privileges 51.188 Selling Surplus Water 51.189 Pumping Water to Another District 51.190 Obtaining Topographic Maps and Data 51.194 Sale of Property Not Acquired to Carry Out the Plans of the District 51.195 Prohibited Charges and Fees 51.196 Development of Underground Water by Certain Districts

Subchapter E. Election Provisions

51.221 Eligibility to Vote: Maverick County Water Control and Improvement District No. 1

Subchapter F. Enforcement

51.241 Penalty for Violation of Regulation

Subchapter G. Water Charges and Assessments

51.301 Statement Estimating Water Requirements and Payment of Charge 51.302 Contracts with Person Using Irrigation Water 51.303 Authority to Determine Rules and Regulations 51.304 Board's Estimate of Maintenance and Operating Expenses 51.305 Distribution of Assessment 51.306 Notice of Assessments 51.307 Payment of Assessments 51.308 Collection of Assessments by Tax Assessor and Collector 51.309 Lien Against Crops 51.310 List of Delinquent Assessments 51.311 Water Service Discontinued 51.312 Suits for Delinquent Assessments 51.313 Interest and Collection Fees 51.314 Rights of the United States 51.315 Surplus Assessments 51.316 Insufficient Assessments 51.317 Determining Maintenance and Operation Charges 51.318 Charges for Maintenance Expenses 51.319 Charge to Cities and Towns 51.320 Loans for Maintenance and Operating Expenses 51.321 Water Service: Refused

Subchapter H. Waste Disposal and Control of Storm Water

51.331 Authority to Dispose of Waste and Control Storm Water 51.332 Increasing District's Powers 51.333 Approval of Petition Creating District 51.334 Election Provisions 51.335 Other Governmental Agencies Included 51.336 Additional Land 51.337 Powers of District 51.338 Rules, Regulations, and Charges 51.339 Taxes 51.340 Certain Damages Caused by Sewage Backup

Subchapter I. General Fiscal Provisions

51.351 Construction Fund 51.352 Maintenance Fund 51.353 Amortization and Emergency Fund

Subchapter K. Issuance of Bonds

51.401 Authority to Issue Bonds of Districts Operating under Article Iii, Section 52, of the Texas Constitution 51.402 Authority to Issue Bonds of Districts Operating under Article Xvi, Section 59, of the Texas Constitution 51.403 Amount of Debt Limited by Constitution 51.404 Issuance of Preliminary Bonds 51.405 Election on Preliminary Bonds 51.406 Conditions of Preliminary Bonds 51.407 Tax to Pay Preliminary Bonds 51.408 Issuance of Bonds 51.410 Engineer's Report 51.411 Election Order 51.413 Ballots 51.414 Vote at Election 51.415 Order to Issue Bonds or Execute Contract 51.419 Conditions of Bonds 51.420 Form of Bonds 51.423 Validation Suit 51.424 Effect of Prior Registration 51.425 Procedure in Validation Suit 51.426 Notice of Validation Suit 51.427 Duties of Attorney General in Validation Suit 51.428 Judgment in Validation Suit 51.429 Effect of Validation Suit 51.430 Certified Copy of Decree 51.431 Registration of Bonds and Decree 51.432 Sale of Bonds 51.433 Tax Levy 51.436 Interest and Sinking Fund 51.437 Investment of Sinking Fund 51.438 Refunding Bonds 51.439 Limitation of Authority to Incur Debt and Issue Bonds 51.440 Issuing Bonds in Excess of Limitation 51.441 Modifications of Improvements 51.442 Issuance of Additional Bonds or Creation of Additional Indebtedness under Certain Conditions 51.443 Interim Bonds 51.444 Limitations on Interim Bonds 51.445 Issuance of Bonds and Levy of Tax 51.446 Deposit of Bonds to Secure Interim Bonds 51.447 Procedure for Issuance and Sale of Interim Bonds 51.448 Payment of Interim Bonds 51.449 Redemption of Interim Bonds 51.450 Alternate Methods for Paying Bonds 51.451 Taxes to Secure Certain Bonds 51.452 Election 51.453 Hearing and Election on Certain Bonds 51.454 Hearing Before Issuing Certain Bonds 51.455 Issuance of Revenue Bonds to Construct Extensions and Improvements to Certain Systems

Subchapter L. Tax Plan

51.501 Tax to Pay Preliminary Bonds 51.502 Hearing to Determine Basis of Taxation 51.503 Notice of Hearing 51.504 Conduct of Hearing 51.505 Order 51.506 Change Tax Plan 51.507 Effect of Sections 51.501-51.506 of Code 51.508 Unlimited Authority to Collect Service Charges and Taxes 51.509 Lien Created; No Limitation 51.510 Purpose of Sections 51.511-51.530 of Code 51.511 Authority to Adopt Alternative Plans of Taxation 51.512 Alternative Plans of Taxation 51.513 Adoption of Plan of Taxation 51.514 Notice of Adoption of Plan and Hearing 51.515 Order Adopting Tax Plan 51.516 Obtaining Funds to Construct, Administer, Maintain, and Operate Improvements and Facilities in Defined Part of District 51.517 Adoption of Tax Plan for Only Part of District 51.518 Defining Area and Designating Property to Be Benefited by Improvements; Adopting Tax Plan 51.519 Notice and Hearing 51.520 Board's Order 51.521 Procedure for Election 51.522 Election Not Required in Separate Election Precinct 51.523 Ballots 51.524 Declaring Result and Issuing Order 51.525 Pledge of Faith and Credit 51.526 Election in Separate Election Precinct 51.527 Issuance of Bonds and Levy of Tax for Defined Area or Designated Property 51.528 Contract to Provide Improvements, Facilities, and Services to Designated Property or Area 51.529 Authority of District 51.530 Administrative Authority of Board 51.531 Master District; Taxing Authority 51.532 Taxes in Districts Consisting of a City, Town or Municipal Corporation 51.533 Order Fixing Rate of Taxation 51.534 Addition of Land to Defined Area 51.535 Provisions of Chapter Inapplicable to District 51.536 Compensation of City Assessor and Collector 51.537 Municipality's Authority Regarding Defined Area 51.538 Election Required

Subchapter M. Taxation on the Ad Valorem Basis

51.561 Assessment and Collection of District Taxes 51.591 Attorney to File Suits to Collect Delinquent Taxes

Subchapter N. Taxation on the Benefit Basis

51.631 Method of Taxation for District under Contract with United States 51.632 Assessment Record 51.633 Notice of Taxes 51.634 Decision After Hearing 51.635 Method of Taxation for District Not under Contract with the United States 51.636 Commissioners of Appraisement 51.637 Compensation of Commissioners 51.638 Notice of Appointment and Meeting 51.639 First Meeting of Commissioners 51.640 Assistance for Commissioners 51.641 Viewing Land and Other Property and Improvements in District 51.642 Commissioners Report 51.643 Notice of Hearing 51.644 Hearing 51.645 Witnesses at the Hearing 51.646 Costs of Hearing 51.647 Commissioners' Decree 51.648 Effect of Final Judgment and Decree 51.649 Fixing Tax as Equal Sum on Each Acre 51.650 Election 51.651 Excluding Nonirrigable Land from District 51.652 Setting Annual Value of Land Unnecessary 51.653 Preparing Tax Rolls 51.655 Law Governing Administration of Benefit Tax Plan 51.656 Irrigating Nonirrigable Land 51.657 Taxation in District Constructing Levees or Drainage Systems

Subchapter O. Adding and Excluding Territory and Consolidating Districts

51.702 Exclusion of Nonagricultural and Nonirrigable Land from the District 51.703 Prerequisite to Application for Exclusion 51.704 Substituting Land of Equal Acreage and Value 51.705 Securing Application to Substitute Land 51.706 Application of Owner of New Land to Be Substituted 51.707 Consent of Outstanding Bondholders 51.708 Notice of Hearing on Applications 51.709 Hearing Procedure 51.710 Board's Resolution to Substitute Land 51.711 Liability of Excluded and Included Land 51.712 Duty to Advise Executive Director 51.713 Right to Serve New Land Included in District 51.7131 Alternative Substitution Procedures 51.714 Adding Land by Petition of Landowner 51.732 Consolidation of Districts 51.733 Elections to Approve Consolidation 51.734 Governing Consolidated Districts 51.735 Debts of Original Districts 51.736 Assessment and Collection of Taxes 51.748 Division of Original District with No Outstanding Indebtedness 51.749 Election to Approve Division 51.750 Governing Resulting Districts 51.751 Current Obligations of Original District 51.752 Powers of Resulting Districts 51.753 Notice of Resulting Districts 51.754 Exclusion of Land from District Without Indebtedness 51.755 Application to Exclude Land 51.756 Findings by the Board 51.757 Excluding Land 51.758 Notice of Certain Exclusions; Petition for Ratification Election 51.759 Exclusion of Certain Nonirrigated Land 51.760 Initiating Exclusion 51.761 Hearing, Notice, and Order of Exclusion 51.762 Consent of Debt Holders 51.763 Results of Exclusion 51.764 District Facilities on Excluded Property 51.765 Water Allocations 51.766 Suit to Review Exclusion

Subchapter P. Dissolution of District

51.781 Dissolution of District Prior to Issuance of Bonds 51.782 Notice of Hearing 51.783 Hearing 51.784 Board's Order to Continue or Dissolve District 51.785 Judicial Review of Board's Order 51.786 Appointment of Trustee 51.787 Discharge of District's Obligations by Trustee 51.788 Discharge of Trustee 51.789 Final Order of Dissolution 51.790 Water Rights of Dissolved District 51.791 Taxes in Excess of District's Obligations 51.793 Dissolution of District for Failure to Complete Plant 51.794 Resolution to Dissolve District 51.795 Statements of Indebtedness and Expenses 51.796 Election to Approve Dissolution of District and Issuance of Dissolution Bonds 51.797 Maximum Amount, Interest Rate, and Maturity of Bonds 51.798 Notice of Election 51.799 Procedure for Holding Election 51.800 Issuance and Sale of Dissolution Bonds 51.801 Destroying Unsold Bonds 51.802 Board's Authority to Contract 51.803 Tax to Pay Dissolution Bonds 51.804 Determining Amount of Tax 51.805 Payment of Tax 51.806 Advance Payment of Taxes in Cash 51.807 Computing Amount of Advance Cash Payment 51.808 Surrender of Bonds in Payment of Taxes 51.809 Computing Amount of Payment Made by Surrendering Bonds 51.810 Use by Trustee of Advance Payments of Tax 51.811 Approval and Registration of Dissolution Bonds 51.812 Dissolution Tax Roll 51.819 Filing Dissolution Tax Roll 51.820 Collection of Taxes 51.821 Appointment of Trustee 51.822 Authority of the Trustee 51.823 Tax Lien 51.824 Foreclosure of Lien 51.825 Default in Payment of Tax Installment 51.826 Penalty and Attorney's Fee 51.827 Discharge of Lien 51.828 District Considered Dissolved 51.829 Dissolution of District in Counties of Less Than 11,000 Population 51.830 Petition for Dissolution of District 51.831 Signatures on Petition 51.832 Procedure for Holding Election 51.833 Election in District Including City, Town, or Municipal Corporation 51.834 Subsequent Election 51.835 District Dissolved 51.836 Taxes to Pay Indebtedness After Dissolution

Subchapter Q. Flood Control in Trinity River Basin

51.851 Definitions 51.852 Cooperation with Authority, Corps of Engineers, and Other Owners 51.853 Cooperation with Authority and Owners 51.854 Flood Warning System

Subchapter R. Option to Exchange Municipal Jurisdiction

51.871 Definitions 51.872 Authority to Transfer District Between Municipalities' Extraterritorial Jurisdiction 51.873 Applicability 51.874 Effect of Transfer 51.875 Subchapter Supersedes