CHAPTER 56. DRAINAGE DISTRICTS

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WATER CODE

TITLE 4. GENERAL LAW DISTRICTS

CHAPTER 56. DRAINAGE DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 56.001. DEFINITIONS. In this chapter:

(a) "District" means any drainage district organized under this

chapter.

(b) "Board" means the governing body of a drainage district.

county in which the district is organized.

Acts 1971, 62nd Leg., p. 497, ch. 58, Sec. 1, eff. Aug. 30, 1971.

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

SECTION 59, DISTRICT

Sec. 56.011. CREATION OF DISTRICT. A drainage 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. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.012. NAME OF EACH DISTRICT. The name of each district

shall include the name of the county in which it is located and

each district shall be numbered in consecutive order.

Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.013. AREA INCLUDED IN A DISTRICT. A district may

include all or part of any village, town, or municipal

corporation, but land included in one district may not be

included in any other drainage district.

Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.014. PETITION. (a) Any person may present a petition

to the commissioners court requesting the creation of a district.

The petition shall be signed by at least 25 of the resident

freehold taxpayers of the proposed district, or by at least

one-third of the resident freehold taxpayers of the district if

there are less than 75 of them, whose land might be affected by

creation of the district.

(b) The petition shall state:

(1) the necessity, public utility, and feasibility of the

proposed district;

(2) the proposed boundaries of the district; and

(3) the proposed name for the district.

Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.015. DEPOSIT. (a) Any person filing a petition shall

deposit with the clerk of the commissioners court cash, in an

amount to be determined by the county election officer, which

shall be held by the clerk until the result of the election to

create the district and issue bonds is officially announced.

(b) If the result of the election favors creating the district,

the clerk shall return the deposit to the petitioners or their

agent or attorney, but if the result of the election is against

the creation of the district, the clerk shall pay the cost and

expenses of the election from the deposit with vouchers signed by

the county judge and return the balance of the deposit to the

petitioners or their agent or attorney.

Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 1, eff. Sept. 1,

2001.

Sec. 56.016. TIME OF HEARING. At the same meeting at which the

petition is presented, the commissioners court shall schedule a

hearing on the petition at a regular or special meeting of the

commissioners court. The hearing must be held during the period

beginning on the 30th day and ending with the 60th day after the

day the petition is presented.

Acts 1971, 62nd Leg., p. 498, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.017. NOTICE. (a) The commissioners court shall order

the clerk to give notice of the time and place of the hearing on

the petition by posting a copy of the petition and order of the

commissioners court during the 20-day period immediately

preceding the day of the hearing in five public places in the

county. The clerk shall post one of the copies at the courthouse

door and the four other copies within the boundaries of the

proposed district.

(b) The clerk is entitled to receive five cents a mile for each

mile necessarily traveled in posting the notices.

Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.018. HEARING ON THE PETITION. At the hearing on the

petition, any person whose land would be affected by creating the

district may appear before the commissioners court and may

contest the creation of the district or contend for its creation.

The person may offer testimony to show that the district is or is

not necessary and would or would not be a public utility and that

creating the district would or would not be feasible or

practicable.

Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.019. FINDINGS. (a) At the hearing on the petition, if

it appears to the commissioners court that drainage of the

proposed district is feasible and practicable and is needed and

would be conducive to public health or would be a public benefit

or a public utility, the commissioners court shall make findings

to this effect.

(b) If the commissioners court finds any of the issues in

Subsection (a) of this section in the negative, it shall dismiss

the petition at the cost of the petitioners.

Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.020. ENGINEER. (a) If the findings of the

commissioners court under Section 56.019 of this code favor

creating the district, the commissioners court shall appoint a

competent civil engineer, who shall be entitled to as many

assistants as necessary.

(b) The engineer and his assistants are entitled to the

compensation and allowances for transportation, supplies, and

other expenses agreed on by the engineer and the commissioners

court.

Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.021. ENGINEER'S BOND. The engineer shall execute a bond

for $500 with two or more sureties approved by the commissioners

court, payable to the county judge for the use and benefit of the

district, conditioned on the faithful performance of his duties

under this chapter.

Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.022. SURVEY AND PRELIMINARY PLANS. (a) Within the time

prescribed by the commissioners court, the engineer shall make a

careful survey of the land proposed to be drained and protected

by levees. For the purposes of the survey, the engineer may go on

land located inside or outside the district, including land

located in a different county.

(b) The engineer shall obtain information regarding land and

outlets inside the proposed district from the Texas Natural

Resource Conservation Commission and from other sources, and he

shall cooperate with the Texas Natural Resource Conservation

Commission in the discharge of its duties.

(1) locating approximately the necessary canals, drains,

ditches, laterals, and levees;

(2) designating the streams and bayous necessary to be cleaned,

deepened, and straightened;

(3) estimating the cost in detail of each contemplated

improvement; and

(4) estimating the probable annual cost of maintaining the

improvements.

(d) The engineer shall ascertain and procure proper and

necessary outlets for the proposed canals, drains, and ditches

necessary to drain the district.

(e) The engineer shall immediately make a report of his work to

the commissioners court.

Acts 1971, 62nd Leg., p. 499, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1981, 67th Leg., p. 982, ch. 367, Sec. 29, eff.

June 10, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.146, eff.

Sept. 1, 1985; Acts 1995, 74th Leg., ch. 76, Sec. 11.331, eff.

Sept. 1, 1995.

Sec. 56.023. MAP. (a) The engineer shall include with his

report a map showing:

(1) the beginning point and outlets of canals, drains, ditches,

and laterals;

(2) the length, width, depth, and slopes of the banks of any cut

or excavation and the estimated number of cubic yards of earth

necessary to be removed from each; and

(3) the location and size of levees and the estimated number of

cubic yards of earth necessary to construct them.

(b) The engineer will comply sufficiently with Subsection (a) of

this section if he describes the boundaries and provides the

other information required by that subsection on a copy of the

official land office map of the county in which the proposed

district is located.

Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.024. HEARING ON PRELIMINARY REPORT. (a) At the first

regular or special meeting of the commissioners court after the

engineer files his preliminary report with the clerk, the

commissioners court shall schedule the report for hearing at a

regular or special meeting, which must be held during the period

beginning on the 20th day and ending with the 30th day after the

day the commissioners court schedules the hearing.

(b) The clerk shall post notice of the hearing on the

preliminary report in the manner provided in Section 56.017 of

this code.

taxpayer whose land may be affected by the improvements, may

appear and object to any of the improvements because they are not

located at the proper places or they are not sufficient in number

or capacity to properly drain the territory.

Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.025. CHANGING THE PRELIMINARY REPORT. (a) The

commissioners court may change the location of any improvement

shown in the preliminary report or may add to or reduce the

number of improvements. The commissioners court may order the

engineer to locate any additional canals, drains, ditches, or

levees for the purpose of conducting water from the land of the

district or to prevent overflow of water from streams or other

bodies of water onto the land of the district to be drained.

(b) The commissioners court may refer the entire preliminary

report to the engineer for compliance with its orders and may

require the engineer to submit a further report.

preliminary report, the clerk shall give notice, and the

commissioners court shall hold a hearing in the manner provided

for the original preliminary report.

Acts 1971, 62nd Leg., p. 500, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.026. ADOPTING THE PRELIMINARY REPORT. If there are no

objections to the preliminary report or if the commissioners

court finds that objections to the report are not valid, the

report shall be approved and the approval entered in the minutes.

Acts 1971, 62nd Leg., p. 501, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.032. AUTHORIZING EXISTING DISTRICTS TO OPERATE UNDER

ARTICLE XVI, SECTION 59, OF THE TEXAS CONSTITUTION. (a) Any

existing district may be authorized to operate under the

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

without change of name or impairment of obligations.

(b) To operate under Article XVI, Section 59, of the Texas

Constitution, the board must adopt a resolution proposing the

change and schedule a hearing on the resolution. The hearing must

be held not earlier than the 30th day but not later than the 60th

day after the date the resolution is adopted. The board shall

give notice of the time and place of the hearing on the

resolution by posting a copy of the resolution for at least the

20 days preceding the date of the hearing in five public places

in the county. One of the copies shall be posted on the

courthouse door and the other copies shall be posted within the

boundaries of the district. Following the hearing, the board may

adopt a resolution authorizing the district to operate under the

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

is governed and controlled by the laws under which it was

organized.

(d) Limitations imposed by Article III, Section 52, of the Texas

Constitution and this chapter on debts to be incurred and taxes

to be levied are not applicable to districts operating under

Article XVI, Section 59, of the Texas Constitution.

Acts 1971, 62nd Leg., p. 502, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 2, eff. Sept. 1,

2001.

Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The

landowners of a defined area of territory not included in a

district may file with the commissioners court a petition

requesting an election on the creation of a district. The

petition must:

(1) be signed by registered voters residing in the territory

equal in number to at least five percent of the number of votes

received in the territory to be included by all candidates in the

most recent gubernatorial general election; and

(2) describe by metes and bounds the territory to be included in

the district.

(b) The commissioners court shall call and hold a hearing to

determine if the petition meets the requirements of Subsection

(a).

requirements of Subsection (a), the court shall order an election

held in the proposed district to determine whether or not the

district should be created and whether or not the district should

issue bonds and levy taxes to pay for the bonds.

(d) The provisions of this subchapter, other than Section

56.019, govern the hearing and election.

Added by Acts 1995, 74th Leg., ch. 958, Sec. 1, eff. June 16,

1995.

SUBCHAPTER C. ADMINISTRATIVE PROVISIONS

Sec. 56.061. CREATION OF BOARD. (a) A district is governed by

a board of three directors unless special law provides otherwise.

(b) When a district is established, the commissioners court

shall appoint three directors for the district to serve until

permanent directors are elected.

Acts 1971, 62nd Leg., p. 502, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 1, eff. Sept. 1,

1999.

Sec. 56.062. ELIGIBILITY REQUIREMENTS FOR DIRECTORS. To be

eligible to serve as a director, a person must satisfy the

requirements of Section 141.001(a), Election Code.

Added by Acts 2001, 77th Leg., ch. 298, Sec. 3, eff. Sept. 1,

2001.

Sec. 56.064. ELECTION OF DIRECTORS. (a) For any district in

which special law requires that directors be appointed, except

when the special law otherwise provides, on petition of a

majority of the real property taxpayers of a district requesting

an election of district directors, the commissioners court shall

immediately order an election to be held at the earliest legal

time. The election shall be held as other elections under Chapter

49.

(b) The first elected directors of the districts in Calhoun,

Matagorda, and Victoria Counties hold office until May 15 of the

next succeeding odd-numbered year. Subsequent directors of the

district are elected every two years on the first Saturday in May

in each odd-numbered year, for a term of two years beginning on

May 15 following the election.

Acts 1971, 62nd Leg., p. 503, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1975, 64th Leg., p. 1847, ch. 575, Sec. 1, 2,

eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 5216, ch. 951, Sec.

10, eff. Jan. 1, 1984; Acts 1987, 70th Leg., ch. 54, Sec. 25(o),

eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 59, Sec. 1, eff.

May 5, 1989; Acts 1995, 74th Leg., ch. 715, Sec. 27, eff. Sept.

1, 1995; Acts 1999, 76th Leg., ch. 222, Sec. 2, eff. Sept. 1,

1999.

Sec. 56.0641. ELECTION PROCEDURES. (a) In those districts

referred to in Subsection (b) of Section 56.064, until otherwise

ordered by the board of directors, the three persons receiving

the highest number of votes at each election are elected. By

order made before the 60th day preceding an election for

directors, the board of directors in those districts referred to

in Subsection (b) of Section 56.064 may order that the election

of directors for that district shall be by position or place,

designated as Place No. 1, Place No. 2, and Place No. 3. The

order shall designate the place numbers in relation to the

directors then in office, and these place designations shall be

observed in all future elections. The person receiving the

highest number of votes for each position or place is elected.

Once the board of directors has adopted the place system for

election, neither that board nor their successors may rescind the

action.

(b) A person wishing to have his name printed on the ballot as a

candidate for director in those districts referred to in

Subsection (b) of Section 56.064 shall file a signed application

with the secretary of the board of directors not later than 5

p.m. of the 31st day preceding the election.

Subsection (b) of Section 56.064 shall order the election,

appoint the election judges, canvass the returns, and declare the

results of the election. In other respects, the procedures for

conducting the election and for voting are as specified in the

Texas Election Code. The expenses of holding the election shall

be paid out of the construction and maintenance fund of the

district.

Added by Acts 1975, 64th Leg., p. 1847, ch. 575, Sec. 3, eff.

Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 222, Sec. 3,

eff. Sept. 1, 1999.

Sec. 56.0642. APPLICABILITY TO SPECIAL LAW DISTRICTS.

Subsection (b) of Section 56.064 and Section 56.0641 of this code

apply to drainage districts created or governed by special law

where the special law expressly adopts the provisions of Section

56.064 of this code or its predecessor statute (Article 8119,

Revised Civil Statutes of Texas, 1925) or repeats its provisions,

without change in substance, as those provisions existed at the

time the special law was enacted; but they do not apply to any

district established, reestablished, or otherwise affected by

special law where the special law contains specific provisions

relating to the method of selecting the governing body of the

district which were at variance with the provisions of Section

56.064 of this code or its predecessor at the time the special

law was enacted.

Added by Acts 1975, 64th Leg., p. 1848, ch. 575, Sec. 4, eff.

Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 222, Sec. 4,

eff. Sept. 1, 1999.

Sec. 56.069. TRANSFER OF BOARD'S POWER TO COMMISSIONERS COURT.

(a) The functions, powers, rights, and duties exercised by or

relating to the board of any district may be transferred to the

commissioners court of the county in which the district is wholly

located, but before the transfer is made, the commissioners court

and the board must pass resolutions authorizing the transfer. In

any district in which the board is elected, the transfer may not

be made unless the transfer is approved by a majority of the

voters voting on that issue at an election held in the district.

(b) After the transfer is made, the commissioners court shall be

the sole governing body of the district and shall exercise the

functions, powers, rights, and duties transferred.

receive any compensation for the exercise of these functions,

powers, rights, and duties.

(d) On the passage of a resolution at a meeting of the board of

the district, the commissioners court may be authorized to

receive an allowance of not more than $150 a month for travel

expense incurred by the commissioners incident to the discharge

of their duties as members of the board of the district.

Acts 1971, 62nd Leg., p. 504, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1973, 63rd Leg., p. 1780, ch. 653, Sec. 4, eff.

June 16, 1973; Acts 2001, 77th Leg., ch. 298, Sec. 4, eff. Sept.

1, 2001.

Sec. 56.082. HEARING; POWERS OF THE COMMISSIONERS COURT. (a)

Except as otherwise provided in this chapter, the commissioners

court has exclusive jurisdiction to hear and determine:

(1) contests and objections to creating a district;

(2) matters relating to creating a district; and

(3) all proceedings of a district during its organization.

(b) The commissioners court may adjourn a hearing from day to

day, and the judgment of the commissioners court rendered under

Subsection (a) of this section is final.

Acts 1971, 62nd Leg., p. 506, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 5, eff. Sept. 1,

1999.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 56.111. CONTROL AND REPAIR OF DISTRICT IMPROVEMENTS. The

board may control and supervise the construction and maintenance

of canals, drains, ditches and levees, and other improvements of

the district and shall keep them in repair.

Acts 1971, 62nd Leg., p. 506, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.115. DUTIES OF THE ENGINEER. (a) The engineer shall

make a map of the district showing:

(1) the boundary lines of the district;

(2) the original surveys within the boundaries of the district;

and

(3) the number of acres in an original survey which are included

in the district if the boundary lines of the district cross the

original survey.

(b) The engineer shall make maps and profiles of the canals,

drains, ditches, and levees located in the district and their

outlets extending beyond the boundaries of the district.

name and number of each survey and the area or number of acres

within the district is sufficient to comply with the requirement

for a map of the district, and any recognized map of a city or

town in the district is sufficient to comply with the requirement

for a map of that city or town.

Acts 1971, 62nd Leg., p. 507, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.116. MAPS AND ESTIMATES. (a) The map and profile shall

include the relation that each canal, drain, ditch, or levee

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

into which the canal, drain, ditch, or levee divides each tract.

(b) If any canal, drain, ditch, or levee cuts off any tract

containing less than 20 acres of land, the map shall show:

(1) the number of acres divided from the tract;

(2) the number of acres in the whole tract;

(3) the shape of the small tract; and

(4) the relation of the small tract to the canal, ditch, drain,

or levee.

be excavated to make each canal, drain, or ditch and to build any

levee located in the district and may give the estimated cost of

each.

(d) When the map, profile, and estimates are completed, the

engineer shall sign them in his official capacity and file them

with the clerk of the commissioners court.

Acts 1971, 62nd Leg., p. 507, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.120. RAILROAD CULVERTS. (a) At the expense of the

district, the board may construct necessary bridges and culverts

across or under a track or right-of-way of a railroad to enable

the district to construct and maintain a necessary canal, drain,

or ditch.

(b) Before the board constructs a bridge or culvert, the board

shall give notice to the railroad authorities authorized to build

or construct bridges and culverts and shall allow the railroad 30

days to build the bridge or culvert at its own expense and

according to its own plans.

interfere with the free and unobstructed flow of water passing

through the canals and drains and shall be placed at points

designated by the engineer.

Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.121. ROAD CULVERTS. The board shall build necessary

bridges and culverts across or over canals, drains, ditches,

laterals, and levees which cross a county or public road and

shall pay for the construction with funds of the district.

Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.122. CONSTRUCTING BRIDGES AND CULVERTS IN CERTAIN

COUNTIES. (a) If it is necessary to build a bridge or culvert

across or over a state highway located in a county having a

population of more than 350,000 inhabitants, according to the

last preceding federal census, the board may construct or assist

in constructing the bridge or culvert.

(b) After the bridge or culvert is constructed, the board may

pay or may join with any county or other governmental agency or

subdivision to pay the expenses of making necessary and needed

repairs. The expenses shall be paid from the funds of the

district.

Acts 1971, 62nd Leg., p. 508, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.123. CHANGE IN PLANS WITHOUT ADDITIONAL EXPENDITURES.

(a) After the board authorizes bonds to be issued, the board may

make changes in the district or its improvements which will be an

advantage to the district but which will not increase the cost of

the proposed work beyond the amount of bonds authorized.

(b) The board may make the changes by entering on their minutes

a notation of the changes, with the district maps and profiles

showing the changes. Notice of the changes shall be given by

publishing the notation with the book and page number of the

minutes for two consecutive weeks in a newspaper of general

circulation published in the English language in the county in

which the district is located.

Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 6, eff. Sept. 1,

1999.

Sec. 56.124. CHANGE IN PLANS WITH ADDITIONAL EXPENDITURES. (a)

If the board decides that changes or additions in the preliminary

survey would be of advantage to the district but would

necessitate issuing additional bonds of the district, it shall

certify the need for additional bond authorization and file the

certification with maps and profiles prepared by the district

engineer showing the changes and their estimated cost in the

district office.

(b) At the first regular meeting after the documents are filed,

the board shall give notice of an election to determine whether

or not the changes and improvements should be made and shall

order the election held within the time and the returns made as

provided in the original election.

of the proposition, the board shall enter the approval in the

records and shall order the bonds issued as in the manner

provided for issuance of the original bonds.

Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 7, eff. Sept. 1,

1999.

Sec. 56.125. ADDITIONAL IMPROVEMENTS. (a) After completion of

improvements, including bridges and culverts, and after payment

of all expenses, if surplus money or bonds remain to the credit

of the district, the board may order the engineer to make a

detailed report of additional or supplemental drains, ditches,

levees, or other surface drainage improvements, including tile

drainage, which are needed by the district. The engineer shall

make the report and the board shall act on the report in the

manner provided in this chapter for the initial report of the

engineer.

(b) After the engineer's report is approved or modified by the

board, the board shall order an election to be held in the

district at the earliest legal time. The only proposition that

may be submitted at the election is whether or not the district

will construct additional improvements and pay for them with

funds currently available. A majority of those persons voting at

the election must approve the proposition for it to carry.

appointed, returns made and canvassed, and the result declared as

provided in Sections 56.027-56.031 of this code. The notice of

election shall state:

(1) the character and scope of the proposed improvements;

(2) the estimated cost of the proposed improvements; and

(3) the time and place for holding the election.

(d) The provisions of this chapter relating to awarding

contracts, constructing improvements, and the authority of the

board and the commissioners court to award contracts and

construct improvements apply as far as applicable to constructing

and paying for additional improvements.

(e) The estimated cost of the additional improvements may not be

more than the amount of surplus money or bonds to the credit of

the district.

Acts 1971, 62nd Leg., p. 509, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 8, eff. Sept. 1,

1999.

Sec. 56.126. CHANGES, ADDITIONS, AND IMPROVEMENTS. When the

board determines that a necessity exists, it may make changes in,

additions to, and improvements in the drainage system of the

district and shall pay for the changes, additions, and

improvements with funds collected under the provisions of Section

56.242 of this code.

Acts 1971, 62nd Leg., p. 510, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.128. INJURING DRAINAGE CANAL OR DITCH. Any person who

wilfully fills up, cuts, injures, destroys, or impairs the

usefulness of any canal, drain, ditch, watercourse, or other work

constructed, repaired, or improved by a district to drain and

protect from overflow of water, upon conviction is punishable by

confinement in the county jail for not more than two months or by

a fine of not more than $1,000.

Acts 1971, 62nd Leg., p. 510, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 5, eff. Sept. 1,

2001.

Sec. 56.135. INTEREST IN DRAINAGE CONTRACT. A county judge,

county commissioner, director of the board, or drainage engineer

who becomes interested in any contract for construction of any

work by the district or in any fee paid by the district from

which he will receive money, consideration, or other thing of

value, upon conviction is punishable by confinement in the county

jail for not less than six months nor more than one year.

Acts 1971, 62nd Leg., p. 512, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 9, eff. Sept. 1,

1999.

Sec. 56.140. PUBLIC AND PRIVATE IMPROVEMENTS. (a) Canals,

drains, ditches, and levees which are constructed by a district

and watercourses which are cleaned or constructed by a district

are the public property of the district.

(b) A person who owns land in the district may drain into one or

more of the public drains, and at his own expense, the landowner

may make drains according to the natural slope of the land

through other lands intervening between his land and the nearest

public drain or watercourse or along any public highway.

the board of his intention to construct a drain through another

person's land or along a public highway, and the directors shall

go on the premises and acting as a jury of view shall determine

the place for constructing the drain.

Acts 1971, 62nd Leg., p. 513, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.141. OUTSIDE DRAINS. (a) Before a person artificially

drains adjacent land located outside the district into the

canals, drains, or ditches of the district, the person must

submit a written application to the board, and the board must

grant permission to make the connections. The application shall

include the width, depth, and length of the connecting drains and

ditches.

(b) When the application is filed with the board, the engineer

shall estimate the quantity of water which the connecting drains

or ditches would probably empty into the established canals or

drains and shall indicate whether or not the established canals

or drains have sufficient capacity to carry the excess water

without risk or damage to the canals, drains, or adjacent

territory. The engineer shall report to the board the result of

his examination and his estimate.

board may authorize the connection on condition that the

applicant first pay to the construction and maintenance fund an

amount of money which bears the same ratio to the cost of the

original canal or drain from the point of connection to its

outlet as the water to be emptied into the canal or drain by the

connecting drains bears to the water then flowing into and being

carried by the original canal or drain as estimated by the

engineer.

Acts 1971, 62nd Leg., p. 513, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 10, eff. Sept. 1,

1999.

Sec. 56.142. ENLARGEMENT OF CANALS, DRAINS, AND OTHER OUTLETS.

(a) If the engineer's report indicates that the capacity of the

canals, drains, or outlets of the district are insufficient to

carry the excess water that would be discharged into them by

connecting drains or that the additional discharge of water will

endanger the canals and drains or the lands and property adjacent

to them, the board may give the applicant permission to construct

connecting drains and secure the desired outlet on condition that

the applicant make necessary enlargements of the canals and

drains of the district at the applicant's own expense. The

increased capacity of the canals of the district shall be

sufficient to carry any increase of water caused by the

connection without danger to canals and drains or lands adjacent

to them.

(b) The engineer shall supervise and direct the enlargement of

the canals and drains, and after the work is completed to his

satisfaction, the engineer shall report to the board under his

official certificate. The report shall show:

(1) the kind of work done;

(2) the extent of the work;

(3) the new capacity to be sufficient to carry excess water from

the connecting drain;

(4) the number of days spent by the engineer supervising the

work; and

(5) the amount due to the engineer for his services.

order authorizing the connections to be made with the canals and

drains on payment of the amount due to the engineer as shown by

the engineer's report and shall order the applicant to pay the

engineer's salary.

Acts 1971, 62nd Leg., p. 514, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1999, 76th Leg., ch. 222, Sec. 11, eff. Sept. 1,

1999.

Sec. 56.143. CONTRACT FOR IMPROVEMENTS WITH THE UNITED STATES.

(a) Any district which is converted under Section 56.032 of this

code and which lies wholly within one county may enter into

contracts with the United States, including the Bureau of

Reclamation of the Department of Interior, to construct

improvements.

(b) The board must approve the project, plans and

specifications, and methods of constructing or reconstructing the

improvements.

specified number of years or until the plans or programs of the

district are completed and shall pay the obligations incurred

under the contract by issuing bonds that are approved by the

voters in the manner provided for issuing other bonds of the

district. The board shall deliver the bonds to the United States.

Acts 1971, 62nd Leg., p. 514, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.144. INTERLOCAL AGREEMENTS. A district created pursuant

to this chapter, special law or other general law may enter into

an interlocal agreement with another political subdivision to

accomplish the purposes set forth in Article III, Sections

52(b)(1), (2), and (3), of the Texas Constitution. In the event

the jurisdictional boundaries of two or more districts or

political subdivisions contain all or part of the same watershed

of a waterway and one or more of the other districts or political

subdivisions determines that the construction of improvements in

the watershed would be a public benefit and accomplish the

purposes set forth in Article III, Sections 52(b)(1), (2), and

(3), of the Texas Constitution, the district or political

subdivision shall propose an interlocal agreement to the

governing bodies of the other districts or political subdivisions

sharing jurisdiction within the watershed. If an interlocal

agreement is not executed within 120 days from the date it is

submitted to all of the districts and political subdivisions

sharing jurisdiction within the watershed, the district or

political subdivision proposing the improvements may petition the

commission for approval of the proposed improvements. The

commission shall conduct a hearing on the proposed improvements

and upon a finding that the improvements would be a public

benefit, shall approve the plan for the improvements, and the

district or political subdivision proposing the improvements

shall be authorized to implement the plan within the boundaries

of the other district or political subdivision.

Added by Acts 1995, 74th Leg., ch. 958, Sec. 3, eff. June 16,

1995.

SUBCHAPTER E. GENERAL FISCAL PROVISIONS

Sec. 56.182. DISTRICT FUNDS. (a) The construction and

maintenance fund consists of money, effects, property, and

proceeds received by the district from any source except that

portion of tax collections necessary to pay principal and

interest on bonded indebtedness.

(b) The interest and sinking fund consists of that portion of

tax collections necessary for paying principal and interest on

bonded indebtedness, and this fund may be invested for the

benefit of the district as provided by law.

created, and if money is improperly paid from either fund, the

board may transfer money in the two funds to restore the fund

which was improperly used.

Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 6, eff. Sept. 1,

2001.

SUBCHAPTER F. ISSUANCE OF BONDS AND NOTES

Sec. 56.201. AUTHORITY TO ISSUE BONDS. Any district may issue

bonds as provided in this chapter to pay for drainage

improvements.

Acts 1971, 62nd Leg., p. 515, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.202. ISSUANCE OF BONDS. When maps, profiles, and

estimates are filed, the board shall issue an order directing the

issuance of bonds sufficient to pay for proposed improvements

together with necessary, actual, and incidental expenses. The

bonds may not be issued in an amount greater than the amount

specified in the order and notice of election, and in districts

operating under Article III, Section 52, of the Texas

Constitution, the bonds may not be issued in an amount greater

than one-fourth of the assessed valuation of the real property of

the district.

Acts 1971, 62nd Leg., p. 516, ch, 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 7, eff. Sept. 1,

2001.

Sec. 56.203. RECORD BOOK FOR BONDS. (a) Before any bonds are

issued, the board shall provide a well-bound book in which the

board shall keep a record of:

(1) all bonds which have been issued;

(2) the numbers of the bonds;

(3) the amount of the bonds;

(4) the rate of interest on the bonds;

(5) the date of issuance of the bonds;

(6) the date on which the bonds are due;

(7) the place where the bonds are payable;

(8) the amount received for the bonds;

(9) the annual rate of assessment to pay interest on and provide

a sinking fund for the bonds; and

(10) the payment of each bond.

(b) The board shall keep the book open at all times for public

inspection by district taxpayers and bondholders.

Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 7, eff. Sept. 1,

2001.

Sec. 56.204. BONDS: REQUISITES. (a) Bonds shall be issued in

the name of the district, signed by the board president, and

attested by the board secretary, and each bond shall have the

seal of the district affixed to it.

(b) The bonds shall be issued in denominations and shall bear

interest as authorized by the board.

manner, and conditions of payment and the rate of interest

determined and ordered by the board.

(d) The bonds shall be paid not later than 40 years from the

date they are issued.

Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 8, eff. Sept. 1,

2001.

Sec. 56.205. BONDS: APPROVAL. (a) After the bonds are sold,

the district shall submit to the attorney general:

(1) the actual bonds;

(2) a certified copy of the board's order levying a tax to pay

interest and create a sinking fund;

(3) a statement of the district's total bonded indebtedness

including the value of the bonds proposed to be issued and the

value of taxable property in the district as shown by the last

official assessment of the appraisal district in which the

district participates; and

(4) other information the attorney general requires.

(b) The attorney general shall examine the bonds carefully and

shall certify them if he finds that they conform to the

constitution and laws of this state and are valid and binding

obligations of the district.

Acts 1971, 62nd Leg., p. 516, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 9, eff. Sept. 1,

2001.

Sec. 56.207. BONDS: SALE. (a) The board shall advertise and

sell the bonds on the best terms and for the best price possible.

(b) The board shall deposit all money from the sale of the bonds

as it is received into the construction and maintenance fund of

the district.

Acts 1971, 62nd Leg., p. 517, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1,

2001.

Sec. 56.209. USE OF UNSOLD BONDS FOR MAINTENANCE PURPOSES. If

any bonds remain unsold which are not required to complete

improvements, the board may enter its consent on the public

record to sell the bonds and place the proceeds in the

construction and maintenance fund for use in accomplishing the

purposes stated in Section 56.242 of this code.

Acts 1971, 62nd Leg., p. 517, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1,

2001.

Sec. 56.210. REFUNDING BONDS. (a) A district may refund

outstanding bonds by issuing new bonds as provided by Chapter

1207, Government Code.

(b) The district shall issue the bonds in denominations to be

determined by the board and shall levy a tax sufficient to meet

the payment of principal and interest of the refunding bonds

before the bonds are delivered.

Acts 1971, 62nd Leg., p. 518, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 10, eff. Sept. 1,

2001.

Sec. 56.211. REFUNDING BOND ELECTION. (a) If indebtedness to

be refunded includes obligations other than voted bonds, in any

district operating under Article III, Section 52, or Article XVI,

Section 59, of the Texas Constitution, before the refunding bonds

may be issued, a majority of the electors of the district voting

at an election called for that purpose must vote in favor of

issuing the refunding bonds and levying a tax to pay for the

bonds.

(b) The board shall call the election and the secretary of the

board shall give notice of the time and places for holding the

election.

(1) state the purpose of the election;

(2) state the proposition to be voted on;

(3) define the election precincts;

(4) prescribe the polling places in the district; and

(5) list the names of the election officers.

(d) The notice shall be published once a week for three

consecutive weeks in a newspaper of general circulation in the

county in which the district is located, but if a newspaper is

not published in the county, the notice shall be published in the

nearest county. The first publication shall be at least 20 days

before the day of the election.

Acts 1971, 62nd Leg., p. 518, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1971, 62nd Leg., p. 1768, ch. 518, Sec. 8, eff.

May 31, 1971. Amended by Acts 2001, 77th Leg., ch. 298, Sec. 11,

eff. Sept. 1, 2001.

Sec. 56.212. APPROVAL AND ISSUANCE OF REFUNDING BONDS. (a) If

the board declares the result of the election under Section

56.211 of this code to favor the issuance of refunding bonds and

the levy of a tax to pay for the bonds, refunding bonds with the

seal of the district affixed to them may be issued in the name of

the district. The bonds shall be signed by the board president

and attested and registered by the board secretary.

(b) The bonds together with the record relating to them shall be

submitted to the attorney general for his approval, as required

by Section 49.184.

delivered to the comptroller who shall register them and deliver

them in exchange for or on release of the obligations being

refunded at the time, in the manner, and in the amounts

prescribed in the order of the board. If the obligations being

refunded are evidenced by outstanding securities, the comptroller

shall cancel the outstanding securities concurrently with the

registration and delivery of the bonds.

(d) When the refunding bonds are approved by the attorney

general and registered and delivered by the comptroller, the

bonds are valid and binding obligations of the district and are

incontestable for any cause.

Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 12, eff. Sept. 1,

2001.

Sec. 56.213. TAX ANTICIPATION NOTES; BOND ANTICIPATION NOTES.

(a) A district may borrow money by issuing negotiable tax

anticipation notes or bond anticipation notes if the board finds

that the district has an insufficient amount of money available

to:

(1) pay the principal of or interest on any district bond

payable in whole or in part by taxes; or

(2) meet any other need of the district.

(b) The district may issue tax anticipation notes or bond

anticipation notes without giving notice or otherwise advertising

the issuance of the notes.

mature not later than one year after the date the note is issued.

(d) The district may issue tax anticipation notes for any

purpose for which the district is authorized to levy taxes. The

notes must be secured with the proceeds of taxes to be levied by

the district in the 12-month period following issuance of the

note. The district may covenant with purchasers of the notes that

the district will levy a tax sufficient to pay the principal of

and interest on the notes and to pay the costs of collecting the

tax.

(e) The district may issue bond anticipation notes for any

purpose for which bonds of the district have been approved by

voters or to refund previously issued bond anticipation notes. A

district may covenant with purchasers of the notes that the

district will use the proceeds of the sale of any district bonds

in the process of issuance to refund the notes. A district that

covenants under this subsection shall use the bond proceeds to

pay the principal, interest, or redemption price on the notes.

(f) A district required to seek commission approval of bonds

must have an application for approval of a bond on file with the

commission before issuing bond anticipation notes secured by the

bond.

Added by Acts 1995, 74th Leg., ch. 1052, Sec. 2, eff. June 17,

1995.

SUBCHAPTER G. TAXATION PROVISIONS

Sec. 56.241. LEVY OF TAXES TO PAY FOR BONDS. After bonds are

authorized at an election, the board shall have taxes annually

assessed and collected on all property in the district sufficient

to pay interest and principal on the bonds. Taxes collected under

this section shall be placed in the interest and sinking fund.

Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 13, eff. Sept. 1,

2001.

Sec. 56.242. MAINTENANCE TAX. (a) The board shall have a tax

assessed and collected on district property sufficient to

maintain, repair, and preserve district improvements and to pay

legal debts, demands, and obligations of the district, but in

districts operating under Article III, Section 52, of the Texas

Constitution, the tax may not be in an amount greater than

one-half of one percent of the total assessed valuation of the

district for that year.

(b) Taxes collected under this section shall be placed in the

construction and maintenance fund.

maintenance tax authorized by Subsection (a) to meet the

financial obligations of the district, as described by Subsection

(a). The notes shall be payable over a period not to exceed five

years from the date of issuance. Notes issued under this

subsection are not required to be approved by the Texas Natural

Resource Conservation Commission. A district may not have

outstanding, at any one time, notes in excess of $3 million under

this subsection.

(d) The board may issue negotiable notes to pay any lawful

expenditure of the district, other than principal and interest on

debt, including all costs to improve or repair any existing

drainage canal, ditch, watercourse, or other work constructed,

repaired, or improved by the district. The notes may be payable

from and secured by a lien on and pledge of any available funds

of the district, including the proceeds of a maintenance tax.

Notes issued under this subsection shall be payable over a period

not to exceed 20 years from the date of issuance and if issued

for a term longer than one year must be treated as "debt" as

defined by Section 26.012, Tax Code. The maximum debt service on

all notes issued under this subsection may not exceed in any

fiscal year of a district an amount that could be paid from the

proceeds of one-fourth of the maximum tax the district is

authorized by law to levy on the date any notes are issued.

Acts 1971, 62nd Leg., p. 519, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 14, eff. Sept. 1,

2001.

Sec. 56.247. LEVYING TAXES ON THE BENEFIT BASIS. A district

operating under Article XVI, Section 59, of the Texas

Constitution, may levy taxes on the benefit basis, which means

the levy of a tax on an equal or uniform basis or rate on each

acre of land in the district.

Acts 1971, 62nd Leg., p. 520, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.248. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR NEWLY

CREATED DISTRICTS. (a) In a petition to create a district under

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

petitioner may request that taxes in the proposed district be

levied on the benefit basis, and the notice of hearing on the

petition shall state this request in addition to other

information required by V.T.C.A., Water Code Sec. 56.017.

(b) At the hearing on the petition, the commissioners court

shall consider whether or not it will be fair and equitable to

levy taxes on the benefit basis, and any person who would be

affected by creation of the district may appear before the

commissioners court and support or oppose the levy of taxes on

the benefit basis.

drainage of the district is feasible and practicable under

V.T.C.A., Water Code Sec. 56.019, the commissioners court shall

further determine whether or not the levy of taxes on the benefit

basis would be fair and equitable to the landowners in the

district.

(d) If the commissioners court determines that levying taxes on

a benefit basis would not be fair and equitable to the

landowners, the order of the commissioners court shall state

these findings, and if the district is created, district taxes

shall be levied on an ad valorem basis.

(e) If the commissioners court favors creation of the district

and determines that levying taxes on a benefit basis will be fair

and equitable to the landowners, the order of the commissioners

court shall include these findings and an election shall be

called to create the district and levy taxes on the benefit

basis.

(f) Findings of the commissioners court relating to the basis on

which taxes will be levied are final and conclusive on all

parties.

Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.249. AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR

EXISTING DISTRICT. (a) A district may levy taxes on the benefit

basis as provided in this section.

(b) Any person may present to the board a petition, signed by 75

of the resident freehold taxpayers of the district whose land

would be affected or by one-third of the freehold resident

taxpayers of the district whose land would be affected if there

are less than 75 in the district, requesting that taxes of the

district be levied on the benefit basis and showing that the levy

of taxes on the benefit basis will be fair and equitable to all

landowners in the district.

board shall schedule a hearing on the petition for either a

regular meeting or a special meeting called for that purpose to

be held during the period beginning on the 30th day and ending

with the 60th day after the day the petition is presented.

(d) The board shall give notice of the time and place of the

hearing by posting a copy of the petition and the order of the

board at five public places in the county during the 20-day

period immediately preceding the day of the hearing. The board

shall post one of the copies at the courthouse door and the other

four copies at four places within the boundaries of the district.

(e) At the hearing, any person whose land would be affected may

appear before the board and may support or oppose the levy of

taxes on a benefit basis and may offer testimony to show whether

or not the levy of taxes on the benefit basis will be fair and

equitable to landowners in the district. The board has exclusive

jurisdiction to hear and determine this issue and matters

relating to it and has exclusive jurisdiction in all subsequent

proceedings. The board may adjourn the hearing from day to day,

and judgments of the board are final.

(f) If the board finds that levying taxes on the benefit basis

will not be fair and equitable to landowners in the district, an

order shall be entered dismissing the petition, and the district

shall continue to levy taxes on an ad valorem basis, but if the

board finds that levying taxes on the benefit basis will be fair

and equitable to landowners in the district, the board shall

order an election to be held in the district.

(g) An election to approve the levy of taxes on the benefit

basis must be held on the earliest legal date that occurs on or

after the 30th day after the date the board orders the election.

Notice of the election shall be given in the same manner as

notice is given for the hearing on the petition. The board shall

name polling places within the district and shall appoint judges

and other necessary election officers. The ballots shall be

printed to provide for voting for or against the following

proposition: "The levy of taxes in the district on the benefit

basis."

(h) At least two-thirds of those persons voting in the election

must vote in favor of the proposition for it to carry.

(i) If the proposition carries at the election, the order of the

board canvassing the election shall provide that taxes of the

district are to be levied on the benefit basis, but if the

proposition fails to carry at the election, the order of the

board canvassing the election shall provide that taxes of the

district are to continue to be levied on an ad valorem basis.

Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,

2001.

Sec. 56.250. LAW GOVERNING DISTRICTS LEVYING TAXES ON THE

BENEFIT BASIS. A district that levies taxes on the benefit basis

is governed by the provisions of this chapter. However, the rate

of taxation and the assessment and collection of taxes is

governed by the law relating to ad valorem taxes to the extent

applicable and not inconsistent with this chapter.

Acts 1971, 62nd Leg., p. 522, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r),

eff. Jan. 1, 1982.

Sec. 56.251. DETERMINING ACREAGE IN THE DISTRICT. (a) In

districts levying taxes on the benefit basis, the board shall

appoint three freehold taxpaying voters in the district as a

committee to determine the number of acres of land owned by each

landowner in the district. A person appointed by the board shall

qualify by taking an oath to fairly and impartially hold hearings

and determine acreage.

(b) The committee to determine acreage shall give notice of the

time and place of the hearing on the acreage before the 10-day

period immediately preceding the day of the hearing.

of land owned by him in the district. The committee has final

jurisdiction to determine the exact acreage of each landowner in

the district.

(d) After the committee makes its determination, the land in the

district shall be annually placed on the tax rolls according to

the acreage determined without rendition of taxes.

Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,

2001.

SUBCHAPTER H. DISSOLUTION

Sec. 56.291. AUTHORITY TO DISSOLVE A DISTRICT. Subject to the

provisions of Sections 50.251-50.256 of this code, a district

created under this chapter may be dissolved as provided in this

subchapter.

Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 56.292. PETITION. At a regular meeting of the board, any

resident freehold taxpayer of the district may present a petition

signed by at least five percent of the qualified voters of the

district, or if there are fewer than 100 resident freehold

taxpayers in the district, then by one-third of the resident

freehold taxpayers requesting the dissolution of the district,

and on verification of the petition signatures, the board shall

order an election to be held in the district at the earliest

legal time to determine whether or not the district should be

dissolved.

Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,

2001.

Sec. 56.293. DEPOSIT. (a) Any person filing a petition shall

deposit with the board an amount sufficient to pay the cost of

conducting an election within the district which shall be held by

the board until the result of the election to dissolve the

district is officially announced and entered in the record of the

district.

(b) If the result of the election favors dissolving the

district, the board shall return the deposit to the petitioners

or their agent or attorney, and the cost and expenses of holding

the election shall be paid by the district, but if the result of

the election is against dissolving the district, the board shall

pay the cost and expenses of the election from the deposit and

return the balance of the deposit to the petitioners or their

agent or attorney.

Acts 1971, 62nd Leg., p. 523, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1,

2001.

Sec. 56.294. ELECTION. (a) Notice of the election to dissolve

the district shall be posted and the election shall be held as

provided by this chapter for elections to create a district.

(b) The ballots for the election shall be printed to provide for

voting for or against the following proposition: "Dissolution of

the drainage district."<

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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