CHAPTER 1474. BONDS FOR COUNTY WATER IMPROVEMENTS

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GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES

CHAPTER 1474. BONDS FOR COUNTY WATER IMPROVEMENTS

SUBCHAPTER A. PURPOSES FOR WHICH BONDS AND NOTES MAY BE ISSUED

Sec. 1474.001. AUTHORITY TO ISSUE BONDS FOR IRRIGATION PURPOSES.

A county may issue bonds in an amount not to exceed one-fourth

of the assessed value of the real property in the county for:

(1) constructing, purchasing, or maintaining a pool, lake,

reservoir, dam, canal, or waterway for irrigation purposes or to

aid in irrigation;

(2) enlarging an improvement described by Subdivision (1); or

(3) paying expenses incidental to the construction, purchase,

maintenance, or enlargement.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.002. AUTHORITY TO ISSUE ADDITIONAL BONDS FOR

IRRIGATION PURPOSES. (a) The commissioners court may order

additional bonds to be issued in accordance with this chapter if:

(1) bonds have been authorized or issued under this chapter;

(2) the commissioners court considers it necessary to issue

additional bonds to change the proposed improvement, to purchase

or construct further improvements, to purchase additional

property to implement the purposes of the project, or to best

serve the interests of the county; and

(3) the additional bonds are approved at an election.

(b) The commissioners court shall enter its findings under

Subsection (a) in the record of the court's proceedings.

additional bonds in accordance with this chapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.003. AUTHORITY TO ISSUE BONDS OR NOTES FOR REPAIR

PURPOSES. (a) If a county has constructed or purchased an

improvement under this chapter that has been damaged and it is

necessary to raise money to repair the damage, the county may

issue bonds or notes under this chapter to raise the money.

(b) The term of a note issued under this chapter may not exceed

20 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.004. AUTHORITY TO ISSUE BONDS FOR OTHER WATER-RELATED

IMPROVEMENTS. A county may issue bonds for the improvement of a

river, creek, or stream to prevent overflow and for all necessary

drainage purposes in connection with that purpose.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. ELECTION PROVISIONS

Sec. 1474.051. BONDS FOR MORE THAN ONE PURPOSE. Bonds proposed

to be issued for any two or more of the purposes stated in this

chapter shall be treated as being for one purpose and may be

voted on as one proposition.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.052. PETITION FOR BOND ELECTION. If at least 50

voters who reside in and own taxable property in a county

petition the commissioners court for an election on the question

of issuing bonds under Section 1474.001 and either Section 52,

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

commissioners court shall, at a regular or special session of the

court, order an election to determine whether the county shall:

(1) issue bonds for the purposes stated in Section 1474.001; and

(2) impose a tax on the property in the county for the purpose

of paying the interest on the bonds and providing a sinking fund

for the redemption of the bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.053. REQUIREMENT TO STATE CHARACTERISTICS OF BONDS.

(a) Except as provided by Subsection (b), the petition for the

election, the election order, and the notice of the election must

state:

(1) the amount of bonds to be issued;

(2) the rate of interest of the bonds;

(3) the times at which interest on the bonds is payable; and

(4) the date of maturity of the bonds.

(b) The election order and the notice of the election may

provide that:

(1) the bonds may bear interest at a rate to be set by the

commissioners court;

(2) any interest may be paid at times set by the commissioners

court; and

(3) the bonds may mature at the times set by the commissioners

court.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.054. ELECTION FOR ISSUING BONDS. (a) The general

election laws of this state govern the election except as

provided by this section.

(b) A two-thirds vote of the qualified voters of the county

voting in the election is necessary to approve the proposition.

polling place. The ballots shall be printed to permit voting for

or against the proposition: "The issuance of bonds for (purpose

of the bonds) and the imposition of a tax to pay for the bonds."

(d) In addition to the requirements provided by Chapter 3,

Election Code, the election order shall:

(1) designate one or more polling places in each voting precinct

in the county where the election will be held; and

(2) name a presiding judge, a judge, and two clerks for each

polling place or, if the court considers it necessary, name more

election officers for any polling place.

(e) A copy of the election order signed by the county judge

serves as proper notice of the election.

(f) In addition to the notice required by Section 4.003(c),

Election Code, a copy of the election order shall be:

(1) posted at each polling place and at the courthouse door

before the 20th day before the date of the election; and

(2) published in a newspaper published in the county for three

consecutive weeks before the date of the election, with the first

publication before the 21st day before the date of the election.

(g) After preparing the returns of the election, the presiding

judge at each polling place shall deliver the returns to the

county clerk, who shall keep them in a safe place and deliver

them to the commissioners court. After canvassing the returns,

the commissioners court shall declare the result of the election

by an order entered in the minutes of the court.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.055. ORDER ISSUING BONDS AND IMPOSING TAX. (a) If

the issuance of the bonds and imposition of the tax are approved

at the election, the commissioners court by order entered at a

regular term of the court shall:

(1) direct the issuance of the bonds;

(2) provide for the annual imposition of a tax sufficient to pay

the current interest on the bonds and to pay the principal of the

bonds at maturity; and

(3) state the place or places at which the interest is payable.

(b) The commissioners court shall annually impose a tax

sufficient to pay the current interest on the bonds and to pay

the principal of the bonds at maturity.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.056. ELECTION FOR ISSUING NOTES: ORDER AND NOTICE.

(a) Before notes are issued under Section 1474.003, the

commissioners court shall order and give notice of an election in

the manner required for an election on a bond issue.

(b) In addition to the requirements provided by Chapters 3 and

4, Election Code, the order and notice shall state:

(1) the purpose for which the notes are to be issued;

(2) the duration of the notes;

(3) the rate of interest; and

(4) the polling places for the election.

mature.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.057. ELECTION FOR ISSUING NOTES: BALLOT AND RETURNS.

(a) At an election to issue notes, the ballot shall be printed

to permit voting for or against the proposition: "The issuance of

notes for (purpose of the notes)."

(b) The commissioners court shall hold the election in the

manner provided by this chapter for a bond election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.058. APPROVAL AND ISSUANCE OF NOTES. (a) If at least

two-thirds of the votes received at the election favor issuing

the notes, the commissioners court may issue and sell the notes

for the benefit of the county and for the purposes authorized.

(b) The commissioners court by order shall:

(1) direct the issuance of the notes; and

(2) provide for the annual imposition of a tax sufficient to pay

the current interest and provide a sinking fund for the payment

of the principal of the notes at maturity.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER C. LIMITATIONS AND PROCEDURES

Sec. 1474.101. LIMIT ON DEBT. (a) If a county contains one or

more districts organized under Section 52, Article III, or

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

debt of a district to the assessed value of real property in the

district, expressed as a percentage, together with the ratio of

the proposed county debt to the assessed value of real property

in the county, expressed as a percentage, may not exceed

one-fourth of the assessed value of real property in the county

or in the district.

(b) The assessed value of real property in a county or in a

district is computed according to the most recent appraisal roll

of the county or district, as appropriate.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.102. COURT ACTION TO DETERMINE VALIDITY OF BONDS. (a)

A county that proposes to issue bonds under this chapter shall

bring an action in a district court in the county or in a

district court in Travis County to determine the validity of the

bonds.

(b) The action shall be brought in the manner provided by

Subchapter L, Chapter 55, Water Code, for the validation of water

improvement district bonds. Each provision of that subchapter

that is applicable to the action, including provisions applicable

to the duties of the attorney general and comptroller, the

judgment to be rendered, the effect of the judgment, and other

matters connected to the action, applies to the validation of the

county bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.103. FORM OF BONDS AND NOTES; SIGNATURES; REGISTRATION

BY COUNTY CLERK. (a) Each bond or note issued under this

chapter shall be issued in the name of the county.

(b) A bond shall be designated "__________ County Water

Improvement Bond." A note shall be designated "__________ County

Water Improvement Note."

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.104. EXCHANGING BONDS FOR PROPERTY OR WORK. The

commissioners court may exchange bonds issued under this chapter:

(1) for property; or

(2) in payment of the contract price for work to be done in the

construction of the improvements.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.105. SALE OR EXCHANGE OF BONDS AND NOTES; DELIVERY OF

PROCEEDS. (a) The commissioners court shall sell or exchange

the bonds or notes issued under this chapter on the best terms.

(b) When the bonds or notes are sold, the proceeds shall

immediately be delivered to the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.106. IMPOSITION OF TAX; SEPARATE FUND. (a) A tax

imposed under Section 1474.055(b) shall be imposed as other

county taxes.

(b) The proceeds of the tax are a separate fund that may not be

used for a purpose other than a purpose specified by Section

1474.055(b).

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER D. RELATED IRRIGATION POWERS OF COUNTIES

Sec. 1474.151. COUNTY POWERS. A county acting under this

chapter may:

(1) own or construct a reservoir, dam, levee, well, canal, or

other improvement;

(2) acquire a necessary right-of-way or other land by purchase

or by condemnation in the manner provided by Chapter 21, Property

Code; or

(3) perform any other work or construct or acquire any other

improvement required for the proper and efficient irrigation of

land in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1474.152. CONTROL OF COUNTY IRRIGATION SYSTEM. (a) The

commissioners court shall control and manage the affairs and

operation of the county's irrigation system to the same extent

and in the manner as the board of directors of a water

improvement district controls and manages a water improvement

district under Chapter 49, Water Code.

(b) The provisions of Chapter 49, Water Code, that apply to the

control and management of the affairs and operation of a water

improvement district also apply to the control and management of

the affairs and operation of the county's irrigation system.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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