CHAPTER 55. WATER IMPROVEMENT DISTRICTS

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WATER CODE

TITLE 4. GENERAL LAW DISTRICTS

CHAPTER 55. WATER IMPROVEMENT DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 55.001. DEFINITIONS. In this chapter:

(1) "District" means a water improvement district created under

this chapter.

(2) "Board" means the board of directors of a water improvement

district.

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

Commission.

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

Texas Natural Resource Conservation Commission.

Acts 1971, 62nd Leg., p. 428, 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 1985, 69th Leg., ch. 795, Sec. 1.144, eff.

Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.078,

eff. Aug. 12, 1991.

SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION TO ARTICLE XVI,

SECTION 59, DISTRICT

Sec. 55.021. CREATION OF DISTRICT. A water improvement district

may be created in the manner prescribed by this subchapter,

either under and subject to the limitations of Article III,

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

Section 59, of the Texas Constitution.

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.022. DISTRICT WHOLLY WITHIN ONE COUNTY. The

commissioners court of a county, at any regular or called

session, may create one or more water improvement districts in

the county as provided by this subchapter.

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.023. DISTRICT MAY INCLUDE CITIES, TOWNS, ETC. A

district may include all or part of one or more cities, towns,

villages, and municipal corporations, but no land may be included

in more than one district at any one time.

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.024. PETITION. (a) A petition requesting creation of a

district may be presented to the commissioners court. The

petition must be signed by a majority of the persons who hold

title to land in the proposed district, representing a total

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

proposed district as indicated by the county tax rolls. However,

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. The petition must set out the boundaries of the district

and designate a name for the district.

(b) The petition may be signed and presented to the

commissioners court in several copies. In this case the county

clerk shall make a certified copy of the petition, including a

list of the names of all signers, and shall file the certified

copy and the original copies. The certified copy of the petition

shall be considered the petition in all proceedings under this

chapter.

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.025. DATE SET FOR HEARING. The commissioners court

shall set a date for a hearing on the petition, to be held at a

regular or special session not less than 15 days nor more than 40

days after the day the petition is presented.

Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.026. NOTICE OF HEARING. (a) The county clerk shall

issue a notice of the hearing directed to the sheriff giving the

date and place of the hearing, and a copy of the order of the

court setting the hearing. The sheriff shall serve the notice in

the manner provided by law.

(b) The sheriff shall post copies of the notice in three public

places in the proposed district, and shall post one copy at the

courthouse door or on the bulletin board used for public notices.

These notices shall be posted for 10 full days before the date of

the hearing. The notice shall also be published once in a

newspaper of general circulation in the county, if a newspaper is

published in the county, at least five days before the date of

the hearing. The sheriff shall make return of a true copy of the

notice, showing the times and places of posting and publication.

The county clerk shall record the return in the minutes of the

court.

district as set out in the petition, and any person may inspect

the petition in the office of the county clerk.

Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.027. HEARING. (a) At the hearing, any person whose

land is included in and would be affected by the district may

support or oppose creation of the district and may offer

testimony to show that the district is or is not necessary, would

or would not be of public utility, or would or would not be

feasible or practicable.

(b) Except as otherwise provided by this chapter, the

commissioners court has exclusive jurisdiction to hear and

determine all contests and objections to creation of the district

and all other matters pertaining to creation of the district.

day.

(d) The judgment rendered by the commissioners court is final,

except as otherwise provided by this chapter.

Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.028. FINDINGS; ORDER. The commissioners court shall

make and enter its findings in the record. If it finds that

creation of the district and the construction or purchase of the

proposed irrigation system, or cooperation with the United States

as provided by Section 55.161 of this code, is feasible,

practicable, and necessary, and would be a public benefit and a

benefit to the land included in the district, then the court

shall make and enter an order granting the petition and directing

that an election be held in the proposed district. Otherwise, the

court shall dismiss the petition at the cost of the petitioners.

Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.029. APPEAL. (a) Any petitioner or any landowner in

the district aggrieved by the order of the commissioners court

may appeal the order to the district court. Notice of appeal must

be filed with the commissioners court at the time of the hearing,

and an appeal bond must be filed with the county clerk within 10

days after the day notice of appeal is given. At the time notice

of appeal is given, the commissioners court shall fix the amount

of the appeal bond at not less than $2,000 nor more than $5,000;

and the bond shall be made payable to the county judge for the

benefit of adverse parties.

(b) Except as otherwise provided by this section, the appeal

shall be tried de novo under the rules prescribed for practice in

the district court and shall be de novo.

judgment and all records filed in the commissioners court within

10 days after the day the appeal bond is filed, and no other

pleadings need be filed.

(d) The final judgment on appeal shall be certified to the

commissioners court for its action within 10 days after the day

the judgment becomes final.

Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.031. VOTING PRECINCTS. (a) The commissioners court, at

the time it orders the election, shall order creation of one or

more election precincts in the district and shall designate

polling places in each precinct.

(b) The election precincts created under this section shall

remain the election precincts of the district until changed by an

order of its board.

Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.032. ELECTION OFFICIALS. The commissioners court shall

appoint two judges and two clerks for each polling place, and

designate one of the judges to be presiding judge. If an officer

fails to serve, his place shall be filled in the manner provided

by the general election law.

Acts 1971, 62nd Leg., p. 430, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.037. DIRECTORS. The commissioners court shall declare

the five persons receiving the most votes to be elected

directors. If not all five positions can be determined because of

a tie vote, the commissioners court shall fill the necessary

positions by selecting among the tying candidates.

Acts 1971, 62nd Leg., p. 431, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.038. ISSUANCE OF NOTES. (a) If the proposition to

issue notes carries, the board of directors shall issue notes of

the district, in an amount not to exceed four percent of the cost

of the proposed improvements, for the purpose of creating a fund

to pay the cost of organizing the district and the cost of all

surveys, investigations, engineering, issuance of bonds, making

and filing of maps and reports, legal expenses, and all other

costs and expenses authorized or made necessary by the provisions

of this chapter. The board shall sell the notes or exchange them

in payment of the costs and expenses.

(b) The notes shall be secured by the levy, assessment, and

collection of taxes as provided for payment of bonds. The notes

shall be paid out of the proceeds of the district's bonds when

they are issued and sold. If the bond election fails to carry,

then the notes shall be paid out of the tax revenue.

Acts 1971, 62nd Leg., p. 431, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.039. RECORDATION OF ORDER. (a) After the commissioners

court makes and enters in its minutes the order creating the

district or an order changing the name of a district, the court

shall file a certified copy of the order accompanied by a plat

defining the district boundaries with the county clerk.

(b) The county clerk shall have the certified copy of the order

and the plat recorded and indexed in the deed records of the

county.

notice, as the recordation of a deed.

(d) The district shall pay the cost of making and recording the

certified copy of the order and the plat.

Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1991, 72nd Leg., ch. 187, Sec. 5, eff. Sept. 1,

1991.

Sec. 55.040. MULTI-COUNTY DISTRICT: PETITION. Creation of a

district composed of land in two or more counties may be

initiated by presenting a petition to the commission signed by

the owners of more than half the land in the proposed district or

by 50 qualified property taxpaying electors of the territory of

the proposed district. The petition shall describe the boundaries

of the proposed district and request an order on the advisability

of creating the district and an order for an election.

Acts 1971, 62nd Leg., p. 432, 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 1997, 75th Leg., ch. 1070, Sec. 34, eff.

Sept. 1, 1997.

Sec. 55.042. MULTI-COUNTY DISTRICT: HEARING. If the commission

determines that a hearing is necessary under Section 49.011, the

commission shall conduct a hearing and any person whose land

would be affected by creation of the district may appear and

support or oppose creation of the proposed district, and may

offer competent testimony to show that the district would or

would not serve a beneficial purpose, be practicable, or

accomplish the purposes intended.

Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 35, eff. Sept. 1,

1997.

Sec. 55.043. MULTI-COUNTY DISTRICT: FINDINGS. (a) If the

commission finds that the plan of water conservation, irrigation,

and use presented in the petition is practicable and would be a

public utility, the commission shall enter the findings in its

records and shall send a certified copy of the findings to the

commissioners court in each county in which part of the proposed

district is located. The commission shall also inform each

commissioners court of a date set by the commission on which an

election shall be held in the area of the proposed district to

determine whether the district will be created and to elect five

directors for the district.

(b) If the commission finds that creation of the district is not

practicable, that it would not serve a beneficial purpose, and

that it would not be possible to accomplish through its creation

the purposes proposed, the commission shall enter its findings in

its records and shall dismiss the petition.

Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.044. MULTI-COUNTY DISTRICT: NOTICE OF ELECTION. On

receiving a certified copy of the findings of the commission

authorizing the election, the commissioners court of each county

shall have notices of the election posted, in the manner provided

for an election to create a single-county district, for not less

than 15 nor more than 30 days before the date of the election.

Acts 1971, 62nd Leg., p. 432, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.045. MULTI-COUNTY DISTRICT: RULES GOVERNING ELECTION.

Except as provided by the succeeding sections, the election shall

be held, the returns made and canvassed, and the results

declared, as provided in the case of a single-county district.

Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.046. MULTI-COUNTY DISTRICT: ELECTION RETURNS, CANVASS,

RESULT. (a) The commission shall designate the county judge of

one of the counties in the proposed district to act as a

canvassing board to receive and canvass the votes cast and to

declare the result of the election.

(b) In each county, the officers appointed by the commissioners

court to hold the election shall return the results to the

commissioners court and shall return all ballot boxes to the

county clerk.

court shall canvass the returns and certify the result of the

election in the county to the county judge appointed to act as

canvassing board.

(d) When the county judge receives the returns from all the

counties, he shall canvass the returns and certify the result of

the election to the commissioners court of each county, which

shall enter the result of the election in its permanent records.

(e) If the proposition to create the district is carried, the

county judge acting as the canvassing board shall make and

transmit to each commissioners court an appropriate order

declaring that the district is created and describing it

boundaries. He shall also issue certificates of election to the

persons elected as directors, who shall proceed with the

organization of the district as otherwise provided by this

chapter.

Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.047. EXCLUSION OF CITY, UNINCORPORATED AREA, OR COUNTY

VOTING AGAINST DISTRICT. (a) As used in this section:

(1) "city" includes town or other municipal corporation; and

(2) "unincorporated area" means an area not included within the

boundaries of a city.

(b) Each city included within the boundaries of the proposed

district shall be treated as a separate voting unit, and the

votes cast in the city shall be counted and canvassed to show the

result of the election in the city. No city shall be included in

the district unless the majority of the votes cast in the city

favor creation of the district.

unincorporated areas in a county, the unincorporated area shall

not be included in the district unless the majority of the votes

cast in the unincorporated area favor creation of the district.

(d) No district, the major portion of which is in one county,

shall be organized to include land in another county unless the

majority of the votes cast in the other county favor creation of

the district.

(e) If any portion of a proposed district, under the provisions

of this section, votes against creation of the district, and the

remaining area of the proposed district votes for the district,

then the proposition shall be adopted and the district confirmed

except as to the territory voting against the district.

(f) All property in the territory of the district as originally

proposed is subject to taxation for the payment of all debts and

obligations, including organization expenses, incurred while part

of the district.

(g) If at least 10 percent of the qualified electors of the area

remaining in the district file a petition with the board of

directors requesting a new election on creation of the district,

then a new election shall be ordered and held for the remaining

area, or the district organization may be dissolved by order of

the board of directors and a new district formed.

Acts 1971, 62nd Leg., p. 433, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.048. NAME OF DISTRICT. (a) The name of a district

wholly within one county shall include the name of the county and

a number. Districts wholly within one county shall be numbered

consecutively as created, and no two districts may have the same

number.

(b) The name of a district with territory in two or more

counties may include the names of those counties, or the district

may adopt any appropriate name. The name may include a number,

but the number may not be the same as the number of a district in

any of the counties. The number of a district created in any

county may not be the same as the number of a district with

territory in that county and other counties.

Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.049. SURVEY OF DISTRICT BOUNDARIES. Immediately after

the directors are qualified, the board shall order a survey of

the boundaries of the district to be made according to the

boundaries designated in the petition for creation of the

district, or the board shall adopt, in whole or in part, the

boundaries already established, and order the boundaries marked

by suitable monuments.

Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.050. CHAPTER APPLICABLE TO IRRIGATION DISTRICTS.

Irrigation districts created under the laws of 1905, 1913, and

1915 (Chapter 50, Acts of the 29th Legislature, 1905; Chapter

172, Acts of the 33rd Legislature, 1913; and Chapter 138, Acts of

the 34th Legislature, 1915), are governed by the provisions of

this chapter.

Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.051. CHANGE OF DISTRICT NAME. (a) An irrigation

district created under the law of 1905, 1913, or 1915 (Chapter

50, Acts of the 29th Legislature, 1905; Chapter 172, Acts of the

33rd Legislature, 1913; and Chapter 138, Acts of the 34th

Legislature, 1915), may change the name of the district to the

name provided in this chapter by filing a declaration to change

the name with the commissioners court of the county in which the

district is located.

(b) The declaration to change the district's name shall be in

the form of a deed of conveyance and shall be acknowledged by the

president and secretary of the board. It shall include a copy of

the minutes of the board and the resolution adopted to change the

name.

shall be changed.

Acts 1971, 62nd Leg., p. 434, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.053. CONVERSION OF ARTICLE III, SECTION 52 DISTRICT TO

ARTICLE XVI, SECTION 59 DISTRICT. (a) A water improvement

district created subject to the limitations of Article III,

Section 52, of the Texas Constitution, may be converted into a

water improvement district operating under the authority of

Article XVI, Section 59, of the Texas Constitution, as provided

by this section.

(b) On the petition of 20 percent of the owners of land in the

district, the board of directors shall order an election to

determine whether the district shall be converted to a district

operating under Article XVI, Section 59, of the Texas

Constitution. The election shall be conducted under the rules

applicable to general elections in the district. The ballots

shall be printed to provide for voting for or against:

"Conservation and Reclamation."

the result of the election, and have the order recorded in the

deed records of the county or counties in which the district is

located. If the result of the election is affirmative, the

district begins operating under Article XVI, Section 59, of the

Texas Constitution, without change of name or impairment of its

obligations, when the order is recorded.

Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER C. ADMINISTRATIVE PROVISIONS

Sec. 55.101. BOARD OF DIRECTORS. The governing body of a

district is a board of five directors.

Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1995, 74th Leg., ch. 715, Sec. 24, eff. Sept. 1,

1995.

Sec. 55.102. QUALIFICATIONS OF DIRECTORS. 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 at the time of the election. 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. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1995, 74th Leg., ch. 715, Sec. 25, eff. Sept. 1,

1995.

Sec. 55.103. APPLICATION TO GET ON BALLOT. (a) A person

qualified to serve as a director may file an application with the

secretary to have the applicant's name printed on the election

ballots. 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.

(b) Only persons for whom applications are filed under this

section may have their names printed on the ballots. However,

nothing in this section prevents write-in votes.

Acts 1971, 62nd Leg., p. 435, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1989, 71st Leg., ch. 1009, Sec. 3, eff. Sept. 1,

1989.

Sec. 55.107. OPTIONAL CONVERSION TO STAGGERED TERMS. (a) The

board, by resolution adopted before December 1 of any year on the

vote of at least four directors, may adopt the system of

staggered two-year terms of office as provided by this section.

(b) On the first available election date as provided by Article

2.01b of Vernon's Texas Election Code in the first even-numbered

year immediately succeeding adoption of the resolution, five

directors shall be elected. Of the five elected, the two

receiving the fewest votes shall serve for two years and the

other three shall serve for four years. However, if the vote is

such that two of them do not receive fewer votes than the other

three, then the directors shall determine by lot which two will

serve two years and which three will serve four years.

section, on the same date in each following even-numbered year

there shall be an election to elect successors for the directors

whose terms expire, to hold office for terms of four years.

Acts 1971, 62nd Leg., p. 436, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1981, 67th Leg., p. 981, ch. 367, Sec. 25, eff.

June 10, 1981; Acts 1983, 68th Leg., p. 5215, ch. 951, Sec. 8,

eff. Jan. 1, 1984.

Sec. 55.108. APPOINTMENT OF DIRECTORS IN CERTAIN DISTRICTS. (a)

If the petition to create a district proposes a district which

would contain no more than 12,000 acres of land, and if at least

60 percent of the land is owned by persons who do not reside in

the district, the petition may request that the directors be

appointed by the commissioners court. If so, the directors shall

be appointed instead of elected. The commissioners court shall

appoint the directors at the time otherwise fixed for electing

directors, or if the court is not in session at that time, it

shall appoint the directors as soon as possible.

(b) The owners of land in the district may file petitions with

the commissioners court expressing their choice of persons to be

selected as directors. If the owners of at least 60 percent of

the land agree on the persons to be appointed, the commissioners

court shall appoint those persons. Otherwise, the court shall

appoint suitable, qualified persons as directors.

Acts 1971, 62nd Leg., p. 436, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.110. ADDITIONAL BONDS. (a) If a district is appointed

fiscal agent of the United States or is authorized to collect

money for and in behalf of the United States in connection with

any federal reclamation project, the assessor and collector and

each director shall execute an additional bond in an amount set

by the secretary of the interior, conditioned on the faithful

performance of the duties of his office and the faithful

performance by the district of its duties as fiscal or other

agent of the United States.

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

as provided for other official bonds. The additional bonds may be

sued on by the United States or by any person injured by failure

of the officer or the district to perform fully, promptly, and

completely the required duties.

Acts 1971, 62nd Leg., p. 437, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 55.161. PURPOSES OF DISTRICT. (a) A water improvement

district may provide for irrigation of the land within its

boundaries.

(b) A district operating under Article XVI, Section 59, of the

Texas Constitution, may furnish water for domestic, power, and

commercial purposes.

under the federal reclamation laws for the purpose of:

(1) construction of irrigation and drainage facilities necessary

to maintain the irrigability of the land;

(2) purchase, extension, operation, or maintenance of

constructed facilities; or

(3) assumption, as principal or guarantor, of indebtedness to

the United States on account of district lands.

Acts 1971, 62nd Leg., p. 440, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.163. IMPROVEMENTS: PURCHASE OR CONSTRUCTION. A district

may purchase or construct improvements and facilities necessary

for irrigation of land in the district, and if operating under

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

and facilities necessary to supply, deliver, and sell water for

domestic, power, and commercial purposes.

Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.165. DRAINAGE DITCHES: LEVEES. The board may include in

the plans of the district the necessary drainage ditches, or

other facilities for drainage, and levees for the protection of

land in the district. The district may purchase all or part of

any system belonging to a drainage district. However, the

purchase contract shall provide for paying or assuming the debts

of the drainage district, and the amount of the debts paid or

assumed shall be considered in determining the bond-issuing

capacity of the district.

Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.166. 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. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.167. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER

RAILROAD TRACKS AND ROADWAYS. (a) The district, at its own

expense, may build necessary bridges and culverts across or under

any railroad tracks or roadways to enable the district to

construct and maintain any canal, lateral, or ditch which is a

necessary part of its improvements.

(b) Before the district proceeds to build bridges and culverts,

the board shall deliver to the legal agent, division

superintendent, or roadmaster written notice. The railroad

company shall have 30 days in which to build the bridges and

culverts at its own expense and according to its own plans.

designated by the board or the district engineer and shall be

constructed so that they will not interfere with the free and

unobstructed flow of water passing through the canal or ditch.

Acts 1971, 62nd Leg., p. 441, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.185. CONTRACT WITH THE UNITED STATES. The board may

enter into a contract or other obligation with the United States

for the following purposes:

(1) to construct, operate, and maintain necessary facilities to

deliver and distribute water;

(2) to drain district land;

(3) to assume debt for district land;

(4) to rent temporarily United States water for use on district

land under the federal reclamation laws; or

(5) to furnish a water supply to the district under any act of

Congress which authorizes it.

Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.186. PAYMENTS MADE BY A DISTRICT UNDER A CONTRACT WITH

THE UNITED STATES. (a) If a district enters into a contract

with the United States, the district may deposit with the United

States district bonds at 90 percent of par value to pay the

amount owed by the district under the contract. The district

shall pay interest on the bonds in the same manner that other

bonds of the district are paid. Interest shall be paid regularly

to the United States and applied in the manner provided in the

contract.

(b) If bonds are not deposited as provided in Subsection (a) of

this section, the board shall include in any levy or assessment

made by the district an amount sufficient to make annual payments

under the terms of the contract.

Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.187. DISTRICT AS FISCAL AGENT FOR UNITED STATES. The

board may accept on behalf of the district appointment as the

fiscal agent for the United States on any federal reclamation

project. As fiscal agent, the district may assume the duties and

perform the acts incident to this capacity and shall do anything

required by federal statutes and rules and regulations

established by any department of the federal government.

Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.188. CONVEYING PROPERTY TO THE UNITED STATES. If the

district enters into a contract with the United States, the board

may convey to the United States any property which is necessary

for constructing, operating, and maintaining improvements for the

benefit of the district.

Acts 1971, 62nd Leg., p. 445, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.192. ACQUIRING WATER RIGHTS. Any district may acquire

water rights in the manner provided by law.

Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.193. SELLING WATER RIGHTS. (a) Any district which has

a permit issued by the commission to construct a reservoir and to

appropriate water from a stream or watershed for irrigation or

other purposes may convey to another district an interest in the

reservoir or water rights.

(b) The conveyance shall be recorded in the office of the county

clerk of the county in which the property is located and in the

office of the executive director.

interest conveyed which were held under the permit by the

district conveying the interest.

(d) After the conveyance is filed in the office of the executive

director, the rights conveyed vest in the district to which the

conveyance was made as if the rights were granted directly by the

commission.

Acts 1971, 62nd Leg., p. 446, 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. 55.194. TRANSFER OF WATER RIGHT. If there is land in a

district which has a water right from a source of supply acquired

by the district but the land is difficult or impracticable to

irrigate from that source of supply, the district may allow

transfer of the water right to other land which is adjacent to

the district. The adjacent land may be admitted to the district

with the same right of water service as other land already in the

district.

Acts 1971, 62nd Leg., p. 446, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.195. SUPPLYING WATER TO CITIES OUTSIDE THE DISTRICT.

When a district acquires an established irrigation system which

supplies water to landowners in a city, town, or village which is

not included in the district, the district shall continue to

supply water to the landowners at a reasonable annual rate.

Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.196. SELLING WATERPOWER PRIVILEGES. The district may

enter into a contract to sell waterpower privileges if power can

be generated from water flowing from the district's reservoirs

and irrigation system. The sale of waterpower privileges may not

interfere with the district's obligation to furnish an adequate

supply of water for irrigation and for municipal purposes in

districts which furnish water for municipal purposes.

Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.197. SELLING SURPLUS WATER. The district may sell to

any person who owns or uses land in the vicinity of the district

any surplus district water for use in irrigation or for domestic

or commercial uses.

Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.198. PUMPING AND DELIVERING WATER TO LAND NEAR DISTRICT.

The district may enter into a contract with a person who owns or

uses land in the vicinity of the district and who has a permit

from the commission to appropriate water for use in irrigation or

for domestic or commercial uses to pump or deliver the water to

the person's land.

Acts 1971, 62nd Leg., p. 447, 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. 55.200. SALE OF LAND ACQUIRED BY A DISTRICT FOR OTHER THAN

DISTRICT PURPOSES. The district may sell to the highest bidder

at a public sale any land acquired by the district through

foreclosure of liens for maintenance and operation assessments or

acquired by the district for any purpose other than carrying out

its plans. The board may use proceeds from the sale for making

improvements in the district, for maintenance and operation of

the district's system, or for carrying on district business.

Acts 1971, 62nd Leg., p. 447, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.201. USE OF EXCESS DISTRICT MONEY. After all district

improvements are completed and all expenses are paid, the board

may use any remaining money to preserve, maintain, and repair

district improvements.

Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.202. BOARD'S SEMIANNUAL REPORT. On the first day of

January and July of each year, the board shall make and verify a

report which shows in detail the kind, character, and amount of

improvements constructed in the district, the cost of the

improvements, the amount of each warrant paid, the person to whom

each warrant was paid, the purpose for which each warrant was

paid, and other data necessary to show the condition of

improvements made. The report shall be filed with the county

clerk in the county or counties in which the district is located

and made available for public inspection.

Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.204. WAIVER OF DISTRICT TORT IMMUNITY. If the board

finds that it is in the best interest of the district and that it

is necessary to enable the district to enter into a contract to

employ Mexican laborers, it may enter into a written contract to

waive in advance the district's immunity from liability in

damages for personal injuries and sickness which is proximately

caused by torts of the district or negligence of agents or

employees of the district and which is suffered by Mexican

laborers employed by the district under the terms of the Migrant

Labor Agreement of 1951 between the United States and Mexico or

any subsequent agreement of a similar nature.

Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER E. REGULATORY POWERS

Sec. 55.241. PURPOSE. The powers granted to the district and

its board under this subchapter are for the purpose of helping

the district to maintain the purity of district water, to protect

the preservation and use of the water, to protect the lives of

persons who desire to go on, over, or across the water, and to

insure the safety of persons using the water.

Acts 1971, 62nd Leg., p. 448, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.242. RULES AND REGULATIONS. The board may make and

adopt reasonable rules and regulations which are necessary

(1) to preserve the sanitary condition of water controlled by

the district;

(2) to prevent waste or unauthorized use of water; and

(3) to regulate residence, boating, camping, and recreational

and business privileges on any land or water owned or controlled

by the district.

Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.243. NOTICE OF RULES AND REGULATIONS. (a) Before a

rule or regulation providing for a penalty may be effective, the

district must publish a substantial statement of the rule or

regulation and the penalty in one or more newspapers with general

circulation in the district once a week for two consecutive

weeks.

(b) The published statement shall be as condensed as possible so

that the object to be accomplished or the act which is forbidden

by the rule or regulation can be easily understood.

of rules and regulations.

(d) The notice shall include a statement that the violation of a

rule or regulation will subject the person who violates it to a

penalty and that a complete copy of the rule or regulation is on

file in the principal office of the district and may be

inspected.

(e) A rule or regulation shall be effective five days after the

second publication of the notice, and ignorance of the rule or

regulation does not constitute a defense to prosecution for

enforcement of the penalty.

Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.244. JUDICIAL NOTICE OF RULES AND REGULATIONS. The

courts shall take judicial notice of rules and regulations made

and adopted under this subchapter. The rules and regulations

shall be considered to be similar in nature to valid penal

ordinances of a city.

Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.245. CONTRACTS FOR TOLL BRIDGES AND FERRY SERVICES. (a)

The board has the exclusive right to enter into a contract with

any responsible person to construct and operate toll bridges over

water regulated by the district or to provide ferry service or

other means of passenger transportation on water regulated by the

district.

(b) A contract for construction and operation of a toll bridge

may not extend for a period of more than 20 years and a contract

providing for ferry service or other types of transportation may

not extend for a period of more than 10 years.

rights granted for failure of the licensee or other contracting

party to render adequate and safe public service.

Acts 1971, 62nd Leg., p. 449, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.246. BOND. The board shall require any person with whom

it enters into a contract under Section 55.245 of this code to

execute an adequate bond in an amount not to exceed $1,000,

payable to the district and conditioned as the board requires.

Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.247. LICENSE, FRANCHISE, AND FEE. (a) Before a person

may keep or operate for hire on district water a ferry or other

type of transportation, the person must obtain a license or

franchise from the board.

(b) The board may fix the fee to be charged for the license or

franchise in an amount not to exceed $250 a year, and shall fix

the fee according to the type of boat used.

Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.248. CHARGES FOR USE OF TOLL BRIDGE FACILITIES AND FERRY

SERVICE. The board may fix a reasonable amount of compensation

to be charged by the owner or operator of a toll bridge or a

ferry service or other type of transportation service for use of

the facilities.

Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.249. REGULATING BOATS. (a) The district may prescribe

the type of boats to be used on district water to carry persons

for hire and for recreational purposes and may require the owner

of a boat to submit the boat at a reasonable time to inspection

to determine if the boat is serviceable.

(b) In an effort to protect the lives of the occupants of boats

and persons using district water, the district may prescribe

reasonable requirements for the use and manner in which they are

used.

Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.250. RESPONSIBILITIES OF BOAT OWNERS AND OPERATORS. (a)

The owner or operator of a boat used as a ferry or other type of

transportation shall keep the boat and boat landings in good and

safe condition.

(b) The district is not liable for any negligent act or failure

of duty on the part of the owner or operator of the boat.

Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.251. PEACE OFFICERS. The district may employ and

constitute its own peace officers. The peace officers may make

arrests when necessary to prevent or abate the commission of an

offense against the regulations of the district or state laws if

the offense occurs or is about to occur on land or water owned or

controlled by the district. Arrests also may be made any place

where an offense is being committed which involves injury or

detriment to any property owned or controlled by the district.

Acts 1971, 62nd Leg., p. 450, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.253. INJUNCTION. In addition to the penalties provided

by this subchapter, the district may seek an injunction in a

court of competent jurisdiction in the county in which district

water is located to enforce the provisions of this subchapter and

rules and regulations of the district.

Acts 1971, 62nd Leg., p. 451, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER G. DISTRICT SURVEY

Sec. 55.332. DUTIES OF THE ENGINEER. The engineer shall make a

complete survey of the land included in the district and make a

map and profile of the canals, laterals, reservoirs, dams, and

pumping sites located in the district and extending beyond the

limits of the district.

Acts 1971, 62nd Leg., p. 453, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.333. MAPS. (a) The map shall show the name and number

of each survey and the area in the district in number of acres.

(b) The map shall show the relation that each canal and lateral

bears to each tract of land through which it passes and the

shapes into which it divides each tract. If the canal or lateral

cuts off any less than 20 acres from any tract, the map shall

show the number of acres in the whole tract and the shape of the

small tract and its relationship to the canal or lateral.

be irrigated by the canal or lateral.

(d) The profile map shall also show in detail the number of

cubic yards which need to be excavated or moved to make the

reservoir, canal, or lateral, and the specifications for other

works necessary to the construction of improvements proposed for

the district, and the estimated cost of each.

Acts 1971, 62nd Leg., p. 453, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.334. ADOPTING OLD SURVEYS. (a) The engineer may adopt

any surveys made in the past by any person who has applied for or

appropriated any water for irrigation under state law.

(b) The engineer also may adopt any surveys for canals,

laterals, reservoirs, dams, or pumping sites shown on these maps

or plats or may adopt other maps, plats, and surveys which he is

satisfied are correct.

Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.335. ADDITIONAL IMPROVEMENTS. If additional

improvements of canals, ditches, laterals, reservoirs, or pumping

plants are to be constructed, the report shall contain the

detailed information with reference to these additional

improvements.

Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.336. EXISTING IMPROVEMENTS. If the district contains

any pumping plants, canals, dams, ditches, or reservoirs which

the district is planning to acquire or purchase, the map or plat

and the estimates required in this subchapter shall show these

improvements and the price or probable price at which they may be

acquired or purchased.

Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.337. SIGNING AND FILING ENGINEER'S REPORT, MAP, AND

PROFILE. After the map, profile, specifications, and estimates

are completed, the engineer shall sign them and file them with

the secretary of the board.

Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.338. MAPS AND DATA UNNECESSARY UNDER CONTRACT WITH

UNITED STATES. None of the maps and data prescribed by this

subchapter are required under a contract with the United States

except for maps and data needed to make assessments and levies.

Acts 1971, 62nd Leg., p. 454, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER H. WATER ASSESSMENTS

Sec. 55.351. STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT

OF CHARGE. Each person desiring to receive water at any time

during the year shall furnish the secretary of the board a

written statement of the acreage he intends to irrigate and the

different crops he intends to plant with the acreage of each

crop. At the time the acreage estimate is furnished to the

secretary, each person applying for water shall pay the portion

of the water charge or assessment set by the board for immediate

payment. If any person applying for water from the district does

not furnish the statement of estimated acreage or does not pay

the part of the water charge or assessment set by the board

before the date for fixing the assessment, the district is not

obligated to furnish water to that person during that year.

Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.352. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING

EXPENSES. The board, on or as soon as practicable after a date

fixed by standing order of the board, shall estimate the expenses

of maintaining and operating the irrigation system for the next

12 months. The board may change the 12-month period for which it

estimates the expenses of maintaining and operating the

irrigation system by estimating such expenses for a shorter

period so as to adjust to a new fixed date and thereafter

estimating the expenses for 12-month periods following the

adjusted fixed date.

Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1,

1997.

Sec. 55.353. METHODS FOR DETERMINING MAINTENANCE AND OPERATING

EXPENSES. The board may make assessments for maintenance and

operating expenses as provided in this subchapter on the basis of

the quantity of water used.

Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.354. DISTRIBUTION OF ASSESSMENT. (a) Not less than

one-third nor more than two-thirds of the estimated maintenance

and operating expenses shall be paid by assessment against all

land in the district to which the district can furnish water

through its irrigation system or through an extension of its

irrigation system. The assessments shall be levied against all

irrigable land in the district on a per acre basis, whether or

not the land is actually irrigated. The board shall determine

from year to year the proportionate amount of the expenses which

will be borne by water users under this subsection.

(b) The remainder of the estimated expenses shall be paid by

assessments against persons in the district who use or who make

application to use water. The board shall prorate the remainder

as equitably as possible among the applicants for water and may

consider the acreage each applicant will plant, the crop he will

grow, and the amount of water per acre he will use. All persons

using water to plant the same crop will pay the same price per

acre for the water.

Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.355. NOTICE OF ASSESSMENTS. (a) Public notice of all

assessments shall be given by posting printed notices of the

assessment in at least three public places in the district.

(b) Printed notices shall be mailed to each landowner at the

address which the landowner shall furnish to the board.

the landowner five days before the assessment is due, and notice

of special assessments shall be given within 10 days after the

assessment is levied.

Acts 1971, 62nd Leg., p. 455, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.356. PAYMENT OF ASSESSMENTS. All assessments shall be

paid in installments at the times fixed by the board. If a crop

for which water was furnished by the district is harvested before

the due date of any installment payment, the entire unpaid

assessment becomes due at once and shall be paid within 10 days

after the crop is harvested and before the crop is removed from

the county or counties in which it was grown.

Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.357. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND

COLLECTOR. (a) Under the direction of the board, the assessor

and collector of taxes, or other person designated by the board,

shall collect all assessments for maintenance and operating

expenses made under the provisions of this subchapter.

(b) The assessor and collector of taxes shall give bond in an

amount determined by the board, conditioned upon the faithful

performance of his duties and accounting for all money collected.

all money collected and shall deposit the money as collected in

the district depository. He shall file with the secretary of the

board a statement of all money collected once each week. He shall

use duplicate receipt books, give a receipt for each collection

made, and retain in the book a copy of each receipt, which shall

be kept as a record of the district.

Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.358. CONTRACTS WITH PERSON USING WATER. (a) The board

may require each person who desires to use water during the year

to enter into a contract with the district which states the

acreage to be watered, the crops to be planted, the amount to be

paid for the water, and the terms of payment.

(b) The contract is not a waiver of the lien given to the

district under Section 55.359 of this code against the crops of a

person using water for the service furnished to him.

he shall pay for the additional service under the provisions of

this subchapter.

(d) The directors also may require a person using water to

execute a negotiable note or notes for all or part of the amount

owed under the contract.

Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.359. LIEN AGAINST CROPS. (a) The district shall have a

first lien, superior to all other liens, against all crops grown

on each tract of land in the district to secure the payment of

the assessments, interest, and collection or attorney's fees.

(b) When the district obtains a water supply under contract with

the United States, the board may, by resolution entered in their

minutes and with the consent of the secretary of the interior,

waive the lien in whole or in part.

Acts 1971, 62nd Leg., p. 456, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.360. LIST OF DELINQUENT ASSESSMENTS. Assessments not

paid when due shall become delinquent on the first day of the

month following the date payment is due, and the board shall post

in a public place in the district a list of all persons who are

delinquent in paying their assessments and shall keep posted a

correct list of all delinquent assessments. If persons who owe

assessments have executed notes and contracts as provided in

Section 55.358 of this code, they shall not be placed on the

delinquent list until after the maturity of the notes and

contracts.

Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1,

1997.

Sec. 55.361. WATER SERVICE DISCONTINUED. If a landowner shall

fail or refuse to pay any water assessment when due, his water

supply shall be cut off, and no water shall be furnished to the

land until all back assessments are fully paid. The

discontinuance of water service is binding on all persons who own

or acquire any interest in land for which assessments are due.

Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.362. SUITS FOR DELINQUENT ASSESSMENTS. Suits for

delinquent water assessments may be brought either in the county

in which the irrigation district is located or in the county in

which the defendant resides. All landowners are personally liable

for all assessments provided in this subchapter.

Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.363. INTEREST AND COLLECTION FEES. (a) All assessments

shall bear interest from the date payment is due at the rate of

15 percent a year. Assessments not paid by the first day of the

month following the date payment is due shall become delinquent,

and a penalty of up to 15 percent of the amount of the past-due

assessment shall be added to the amount due.

(b) If suit is filed to foreclose a lien on crops or if a

delinquent assessment is collected by an attorney before or after

suit, an additional amount of 15 percent on the unpaid

assessment, penalty, and interest shall be added as collection or

attorney's fees.

Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1997, 75th Leg., ch. 789, Sec. 2, eff. Sept. 1,

1997.

Sec. 55.364. RIGHTS OF THE UNITED STATES. If the board enters

into a contract with the United States, the remedies in this

subchapter available to the district also shall apply to enforce

payment of charges due to the United States. The Reclamation

Extension Act, approved August 13, 1914, and as amended, and all

other federal reclamation laws apply. The directors shall

distribute and apportion all water acquired by the district under

a contract with the United States in accordance with acts of

Congress, rules and regulations of the secretary of the interior,

and provisions of the contract.

Acts 1971, 62nd Leg., p. 457, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.365. SURPLUS ASSESSMENTS. If assessments made under

this subchapter are more than sufficient to pay the necessary

expenses of the district, the balance shall be carried over to

the next year.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.366. INSUFFICIENT ASSESSMENTS. If the assessments made

under this subchapter are not sufficient to pay the necessary

expenses of the district, the unpaid balance shall be assessed,

pro rata, in accordance with the assessments made for the current

year. The additional assessments shall be paid under the same

conditions and penalties within 30 days from the date of

assessment.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.367. LAND NOT SUBJECT TO ASSESSMENTS. If a district

fails to furnish sufficient water to irrigate land in the

district for two years after its organization, the nonirrigated

land is relieved of all assessments and charges except taxes

until the district constructs the necessary canals and furnishes

the necessary water to irrigate the land.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.368. LOANS FOR MAINTENANCE AND OPERATING EXPENSES. The

board may borrow money to pay maintenance and operating expenses

at an interest rate of not more than 10 percent a year and may

pledge as security any of its notes or contracts with water users

or accounts against them.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.369. FIXED CHARGES FOR MAINTENANCE EXPENSES. If

maintenance charges are based on the quantity of water used, a

fixed charge may be made on all land or water connections

entitled to receive and use water. An additional charge may be

made, or a graduated scale adopted, for the use of more water

than that covered by the minimum charge. The board may install

proper measuring devices.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.370. CHARGE TO CITIES AND TOWNS. If a district includes

a city or town or contracts with a city or town to supply water

to it, the charge for the use of water and the time and manner of

payment shall be determined by a standing order of the board.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.371. AUTHORITY TO DETERMINE RULES AND REGULATIONS. The

directors may adopt, alter, and rescind rules, regulations, and

standing and temporary orders which do not conflict with the

provisions of this chapter and which govern:

(1) methods, terms and conditions of water service;

(2) applications for water;

(3) assessments for maintenance and operation;

(4) payment and the enforcement of payment of the assessments;

(5) furnishing of water to persons who did not apply for it

before the date of assessment; and

(6) furnishing of water to persons who wish to take water for

irrigation in excess of their original applications or for use on

land not covered by their original applications.

Acts 1971, 62nd Leg., p. 458, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER I. SUPPLYING WATER TO MILITARY CAMPS

Sec. 55.401. AUTHORITY OF DISTRICTS WITH MILITARY BASE TO ISSUE

BONDS. Any district operating under Article XVI, Section 59, of

the Texas Constitution, which contains all or part of a United

States military camp or base may issue negotiable revenue bonds

to provide funds for acquiring or constructing filtration and

pumping equipment, pipelines, and other facilities for supplying

water to military camps or bases.

Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.402. BOND ELECTION. The district may issue negotiable

revenue bonds with a total par value of not more than $100,000

without the necessity of holding an election, but it may not

issue bonds with a total par value of more than $100,000 unless

the bond issue is approved at an election held under the law

governing bond elections.

Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.403. INTEREST RATE AND MATURITY DATE. Bonds issued

under this subchapter shall mature not more than five years after

the date of issuance.

Acts 1971, 62nd Leg., p. 459, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 55.404. SECURITY FOR BONDS. (a) Bonds issued under this

subchapter may be secured by all or part of the net revenue to be

received from a contract for the sale of water by the district to

the United States for use at military camps or bases and from all

renewals, extensions, or substitutions of the contract.

(b) In addition, the bonds may

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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