CHAPTER 58. IRRIGATION DISTRICTS

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WATER CODE

TITLE 4. GENERAL LAW DISTRICTS

CHAPTER 58. IRRIGATION DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 58.001. DEFINITIONS. In this chapter:

(1) "District" means an irrigation district.

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

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

district.

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

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

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

Commission.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 984, ch. 367,

Sec. 40, eff. June 10, 1981; Acts 1991, 72nd Leg., 1st C.S., ch.

3, Sec. 1.080, eff. Aug. 12, 1991.

SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT

Sec. 58.011. CREATION OF DISTRICT. An irrigation district may

be created under and subject to the authority, conditions, and

restrictions of either Article III, Section 52, of the Texas

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

Constitution.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.012. COMPOSITION OF DISTRICT. (a) A district may

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

village, or municipal corporation, and may include any other

political subdivision of the state or any defined district,

providing the land contained therein is agricultural in

character.

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

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

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

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

favor of the creation of the district.

county except by a majority vote of the electors residing within

the territory in each county sought to be included in the

district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.013. PETITION. (a) A petition requesting creation of a

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

title to land in the proposed district which represents a total

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

proposed district as indicated by the county tax rolls. If there

are more than 50 persons holding title to land in the proposed

district, the petition is sufficient if signed by 50 of them.

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

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.014. CONTENTS OF PETITION. The petition shall include:

(1) the name of the district;

(2) the area and boundaries of the district;

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

district is to be organized;

(4) the purpose or purposes of the district;

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

the necessity and feasibility of the project, with reasonable

detail and definiteness to assist the court or commission passing

on the petition in understanding the purpose, utility,

feasibility, and need; and

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

the information available to the person filing the petition at

the time of filing.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.015. PLACE OF FILING; RECORDING. (a) The petition

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

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

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

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

county in which a portion of the district is located.

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

purpose in the office of the county clerk.

identical except for the signature, one copy of the petition

shall be recorded and all signatures on the other petitions shall

be included.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.016. BOARD OR COMMISSION TO CONSIDER CREATION OF

DISTRICT. If the land to be included in a district is within one

county, the creation of the district shall be considered and

ordered by the commissioners court, but if the land to be

included in a district is in two or more counties, the creation

of the district shall be considered and ordered by the

commission.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.017. SINGLE-COUNTY DISTRICT; HEARING. (a) If a

petition is filed for the creation of a district within one

county, the county judge shall issue an order setting the date of

hearing on the petition by the commissioners court and shall

endorse the order on the petition or on a paper attached to the

petition.

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

notice of the hearing.

session of the court.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.018. SINGLE-COUNTY DISTRICT; NOTICE OF HEARING. (a)

The notice of hearing on the petition shall include a statement

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

place of hearing.

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

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

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

sheriff.

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

publish one copy in a newspaper of general circulation in the

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

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

hearing.

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

service of the notice with copy and affidavit of publication

attached to the original.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.019. SINGLE-COUNTY DISTRICT; NAME. (a) A district

located in one county may be named the ________ County Irrigation

District Number ________ (insert the name of the county and

proper consecutive number).

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

descriptive of the location of the district and descriptive of

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

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

consecutive number shall be assigned to it if other districts of

the same name have been created in the county.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.020. SINGLE-COUNTY DISTRICT; TESTIMONY AT HEARING. (a)

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

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

appear and contest the creation of the district and may offer

testimony to show that the district:

(1) is or is not necessary;

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

the district; and

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

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

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.021. SINGLE-COUNTY DISTRICT; GRANTING OR REFUSING

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

grant the petition requesting the creation of a district if it

appears at the hearing that:

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

practicable;

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

district will be benefited by the creation of the district;

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

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

welfare.

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

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

refuse to grant the petition.

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

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

that land not to be benefited and shall redefine the boundaries

of the proposed district to include only the land that will

receive benefits from the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.022. SINGLE-COUNTY DISTRICT; APPEAL FROM ORDER OF

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

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

or any person who appears and protests the petition and offers

testimony against the creation of the district may appeal from

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

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

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

commissioners court within five days a good and sufficient appeal

bond in the amount of $2,500.

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

commissioners court payable to the county judge conditioned for

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

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

the court is against the appellant.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL; NOTICE OF

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

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

within 10 days, prepare a certified transcript of all orders

entered by the commissioners court and transmit them with all

original documents, processes, and returns on processes to the

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

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

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

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

commissioners court may be permitted to intervene in the district

court trial.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT;

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

vacation time, shall schedule the appeal for hearing with all

reasonable dispatch.

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

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

filed.

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

though the jurisdiction of the district court were original

jurisdiction.

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

court:

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

commissioners court;

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

to be created; and

(3) the regularity of all previous proceedings.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 2646, ch. 707,

Sec. 4(47), eff. Aug. 31, 1981.

Sec. 58.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT COURT;

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

the determination its full powers to the end that substantial

justice may be done.

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

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

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

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

concern.

which an appeal may be prosecuted, shall be certified and

transmitted to the clerk of the commissioners court with all

original documents and processes which were transmitted from the

commissioners court to the district court on appeal.

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

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

jurisdiction and shall enter other and further orders as may be

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

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS;

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

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

serve until their successors are elected or appointed in

accordance with law.

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

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

county clerk shall present the bond to the county judge for

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

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

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

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

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

10 days after disapproval.

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

qualify, the commissioners court shall appoint another person to

replace him.

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

oath of office as provided by Section 58.077 of this code.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.027. MULTICOUNTY DISTRICT: CONSIDERATION BY COMMISSION.

(a) The commission shall have exclusive jurisdiction and power

to consider and determine all petitions for creation of a

district that will include land or property located in two or

more counties.

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

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

orders as provided in this subchapter.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1997, 75th Leg., ch. 1070, Sec.

36, eff. Sept. 1, 1997.

Sec. 58.028. MULTICOUNTY DISTRICT: NOTICE AND HEARING ON

DISTRICT CREATION. When a petition is filed, the commission

shall give notice of an application in the manner provided in

Section 49.011 and may conduct a hearing on the application if

the commission determines that a hearing is necessary under that

section.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1997, 75th Leg., ch. 1070, Sec.

37, eff. Sept. 1, 1997.

Sec. 58.030. MULTICOUNTY DISTRICT: CONSIDERATION BY COMMISSION;

PROCEDURE. (a) The commission shall consider and determine on

the issues a petition filed under Section 58.028.

(b) The commission shall be governed by the provisions of

Section 58.021.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1997, 75th Leg., ch. 1070, Sec.

38, eff. Sept. 1, 1997.

Sec. 58.031. MULTICOUNTY DISTRICT: APPEAL FROM COMMISSION

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

any person who comes within the requirements specified in

Sections 58.020-58.025 of this code may prosecute an appeal from

the judgment of the commission under Sections 58.022-58.025 of

this code.

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

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

district court in Travis County.

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

commission.

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

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

assessed as part of the costs incurred on the appeal.

(e) Whenever practicable, the original documents and processes

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

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.032. MULTICOUNTY DISTRICT: APPOINTMENT OF DIRECTORS BY

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

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

shall serve until their successors are elected or appointed.

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

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

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

district is located.

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

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

present the bond to the county judge for approval.

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

provided in Section 58.026 of this code.

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

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

shall appoint some qualified person to replace him.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION

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

included within any district created under this chapter unless

the proposition for the creation of the district has been adopted

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

corporation.

(b) Any municipal corporation included within a district shall

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

municipal corporation shall be counted and canvassed separately

from the remainder of the district.

corporation may include land outside of the municipal corporation

unless the election to confirm and ratify the creation of the

district favors the creation of the district independent of the

vote within the municipal corporation.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN

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

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

another county unless the election held in the other county to

confirm and ratify the creation of the district is adopted by

those voting in the other county.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.037. EXCLUSION OF PARTS OF DISTRICT; DISSOLUTION. (a)

If any portion of a district governed by Sections 58.035 and

58.036 of this code votes against the creation of the district

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

district is confirmed and ratified in those portions of the

district voting for the creation, and the district is composed

only of those portions.

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

all debts and obligations incurred after the election; however,

all land and property included in the original district shall be

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

obligations, including organizational expenses, incurred while it

was a part of the district.

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

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

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

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

district organization may be dissolved by order of the board and

a new district formed.

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

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

canvassed and declared by the board.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.038. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS

OPERATING UNDER THIS CHAPTER. (a) Any water improvement

district or water control and improvement district which

furnishes water for irrigation and does not furnish treated water

or sewer services may be converted into a district operating

under this chapter.

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

into a district operating under this chapter shall adopt and

enter in the minutes of the governing body a resolution declaring

that, in its judgment, conversion into an irrigation district

operating under this chapter and under Article XVI, Section 59,

of the Texas Constitution, would serve the best interest of the

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

in the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.039. CONVERSION OF DISTRICT; NOTICE. (a) Notice of the

adoption of a resolution under Section 58.038 of this code shall

be given by publishing the resolution in a newspaper with general

circulation in the county or counties in which the district is

located.

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

consecutive weeks with the first publication not less than 14

full days before the time set for a hearing.

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

(2) set out the resolution in full; and

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

for or against the proposal contained in the resolution.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.040. CONVERSION OF DISTRICT; FINDINGS. (a) If, on a

hearing, the governing body of the district finds that conversion

of the district into one operating under this chapter would serve

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

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

order making this finding and the district shall become a

district operating under this chapter.

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

district would not serve the best interest of the district and

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

district, it shall enter an order against conversion of the

district into one operating under this chapter.

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

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.041. EFFECT OF CONVERSION. A district that converts

into a district operating under this chapter shall:

(1) be constituted an irrigation district operating under and

governed by this chapter;

(2) be a conservation and reclamation district under the

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

and

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

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

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

chapter.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.042. RESERVATION OF CERTAIN POWERS FOR CONVERTED

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

and improvement district, after conversion under Section 58.038

of this code, may continue to exercise all necessary specific

powers under any specific conditions provided by the chapter of

this code under which the district was operating before

conversion, except that no district, after conversion, may engage

in the treatment or delivery of treated water for domestic

consumption or the construction, maintenance, or operation of

sewage facilities.

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

body shall specify in the order the specific provisions of the

chapter of the code under which the district had been operating

which are to be preserved and made applicable to the operations

of the district after conversion into a district operating under

this chapter.

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

provision concerning a matter necessary to the effectual

operation of the converted district.

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

provision, this chapter shall, after conversion, control the

operations and procedure of the converted district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

SUBCHAPTER C. ADMINISTRATIVE PROVISIONS

Sec. 58.071. BOARD OF DIRECTORS. The governing body of a

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

directors.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.072. QUALIFICATIONS. To be qualified for election as a

director, a person must be a resident of the state, be the owner

of record of fee simple title to land in the district, be at

least 18 years of age, and owe no delinquent taxes or assessments

to the district. Section 49.052 does not apply to a district

governed by this chapter.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1995, 74th Leg., ch. 715, Sec. 32,

eff. Sept. 1, 1995.

Sec. 58.0731. ELECTION OF DIRECTORS FROM PRECINCTS. A district

that elected one director from each of five precincts before it

converted to a district operating under this chapter shall

continue to elect its directors in the same manner from

precincts.

Added by Acts 1979, 66th Leg., p. 70, ch. 44, Sec. 1, eff. April

11, 1979.

Sec. 58.084. DISTRICT TAX ASSESSOR AND COLLECTOR. The board may

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

or it may order an election to fill that office.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.089. BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL

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

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

district is authorized to make collections of money for the

United States in connection with a federal reclamation project,

each director and officer of the district including the tax

assessor and collector shall execute an additional bond in the

amount required by the Secretary of the Interior, conditioned on

the faithful discharge of his respective office and on the

faithful discharge by the district of its duties as fiscal or

other agent of the United States under its appointment or

authorization.

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

as provided in this chapter for other official bonds.

person injured by the failure of the officers or directors of the

district to fully, promptly, and completely perform their

respective duties.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 58.121. PURPOSES OF DISTRICT. (a) Irrigation districts

operating under this chapter are limited purpose districts

established primarily to deliver untreated water for irrigation

and to provide for the drainage of lands and such other functions

as are incidental to the accomplishment of such limited purposes.

An irrigation district shall not engage in the treatment or

delivery of treated water for domestic consumption or the

construction, maintenance, or operation of sewage facilities or

provide any other similar municipal services. An irrigation

district may cooperate with the United States 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.

(b) An irrigation district operating under this chapter may

contract with municipalities, political subdivisions, water

supply corporations, or water users for the delivery of untreated

water.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.122. POWERS OF DISTRICT. The district has the

functions, powers, authority, rights, and duties which will

permit the accomplishment of the purposes for which it was

created, including the investigation and, in case a plan for

improvements is adopted, the construction, maintenance, and

operation of necessary improvements, plants, works, and

facilities, and the acquisition of water rights and all other

properties, land, tenements, materials, borrow and waste ground,

easements, rights-of-way, and everything considered necessary,

incident, or helpful to accomplish by any practicable mechanical

means any one or more of the objects authorized for the district,

subject only to the restrictions imposed by the Constitutions of

Texas or the United States. A district also may acquire property

deemed necessary for the extension or enlargement of the plant,

works, improvements, or service of the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.125. CONSTRUCTION OF IMPROVEMENTS. A district may

construct all works and improvements necessary:

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

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

ditches or other facilities for drainage; and

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

district from overflow.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.126. PURCHASE OF MACHINERY AND SUPPLIES. The board may

purchase machinery, materials, and supplies needed in the

construction, operation, maintenance, and repair of district

improvements.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.127. ADOPTING RULES. A district may adopt and make

known reasonable rules to:

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

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

and all recreational and business privileges on any body or

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

controlled by the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.128. EFFECT OF RULES. After the required publication,

rules adopted by the district under Section 58.127 of this code

shall be recognized by the courts as if they were penal

ordinances of a city.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.129. PUBLICATION OF RULES. (a) The board shall publish

once a week for two consecutive weeks a substantive statement of

the rules and the penalty for their violation in one or more

newspapers with general circulation in the area in which the

property of the district is located.

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

possible to intelligently explain the purpose to be accomplished

or the act forbidden by the rule.

the violator to a penalty and that the full text of the rules is

on file with the principal office of the district where it may be

read by any interested person.

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

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.130. EFFECTIVE DATE OF RULES. The penalty for violation

of a rule is not effective and enforceable until five days after

the publication of the notice. Five days after the publication,

the published rules shall be in effect and ignorance of it is not

a defense for a prosecution for the enforcement of the penalty.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER

COUNTY AND PUBLIC ROADS. The district shall build necessary

bridges and culverts across and over district canals, laterals,

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

district shall be used to construct the bridges and culverts.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER

RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.

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

bridges and culverts across or under any railroad tracks or

roadways of any railroad or any interurban or street railway to

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

ditch, or other improvement of the district.

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

shall deliver written notice to the local agent, superintendent,

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

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

according to its own plans.

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

it is intended.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.136. POWER TO CONTRACT. The district may enter into a

contract for the use by another of its water, facilities, or

service, either inside or outside the district, except that a

contract may not be made which impairs the ability of the

district to serve lawful demands for service within the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.137. INVESTIGATION AND REPORT OF ENGINEER. (a) The

district engineer shall make a thorough study and investigation

of all plans of the district and make and file in the district

office a report on all plans for construction of plants and

improvements.

(b) The board shall provide and keep a book in the district

office, to be known as the "Engineer's Record," in which all

reports and recommendations made by the district engineer shall

be recorded. The "Engineer's Record" shall be open to public

inspection.

district unless the district has a district engineer who has made

a proper study and report on it.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.150. TRANSACTIONS IN DISTRICT NAMES UNDER JOINT

OWNERSHIP AND CONSTRUCTION CONTRACT. All bids, bonds, contracts,

and other transactions made under a joint ownership and

construction contract may be made in the names of the districts

which are parties to the contract.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.153. CONTRACT WITH THE UNITED STATES. (a) The board

may enter into a contract or other obligation with the United

States for the investigation, construction, extension, operation,

and maintenance of any federal reclamation project of benefit to

the district and authorized under the National Reclamation Act of

1902, as amended.

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

from the federal reclamation project and to pay to the United

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

operation and maintenance charges, and water rental charges, as

shown by the contract and in accordance with the terms and

conditions of the national reclamation law.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.154. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE

UNITED STATES. The construction charges under a contract with

the United States may include the cost of drainage and

flood-control works necessary to control floods or to maintain

the irrigability of district land.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.155. ELECTION TO APPROVE A CONTRACT WITH THE UNITED

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

every contract involving the payment of construction charges to

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

election to approve the validation of district bonds shall be

followed, including the prosecution of an action in court to

determine the validity of the contract.

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

exclusive of operation and maintenance charges, water rental

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

United States under the contract.

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

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

only proposition that may appear on the ballot.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.156. CONVEYING PROPERTY TO THE UNITED STATES. A

district may convey any property to the United States necessary

for the construction, operation, or maintenance of federal

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

district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.157. CONSENT OF UNITED STATES TO ALTER DISTRICT'S

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

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

federal reclamation project, the United States must consent to

any change in the boundaries of the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.158. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE

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

the United States shall levy annually sufficient taxes to provide

payment of all installments required by the contract.

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

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

the land of the district or designated divisions or subdivisions

of the district. The Secretary of the Interior shall determine

the annual gross acre income.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.159. ASSESSMENTS FOR CONTRACTS WITH THE UNITED STATES.

The board shall levy annually sufficient assessments to collect

the money required to pay all of the district's obligations in

full when due regardless of any delinquency in payment of

assessments by any tract of land. If collections in any year are

insufficient to pay the obligations of the district, the levy

shall be increased sufficiently the following year to cover the

deficit.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.160. DURATION OF ANNUAL LEVIES FOR CONTRACTS WITH THE

UNITED STATES. The board shall continue annual levies for

payment of construction charges each year against each tract of

land in the district even though construction charges apportioned

against other tracts of land in the district may be paid sooner

or later.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.161. SUPERIORITY OF LIEN TO SECURE CONTRACT WITH THE

UNITED STATES. The lien against district land created by a

contract with the United States shall be superior to the lien

created by any district bonds approved subsequent to the date of

the contract with the United States.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.162. DISTRICT'S AUTHORITY TO SOLICIT COOPERATION,

DONATIONS, AND CONTRIBUTIONS FROM OTHER AGENCIES. A district

organized under the provisions of this chapter may solicit

cooperation, donations and contributions from:

(1) the United States, the state or nation;

(2) any county, municipality, water improvement district, water

control and improvement district, drainage district, or any other

political subdivision of the state; or

(3) any person, copartnership, corporation, or association.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.163. EXPENSE OF PROCURING COOPERATION AND CONTRIBUTIONS

FROM OTHER AGENCIES. A district may incur reasonable expense to

procure cooperation under Section 58.162 of this code in adding

to the area of the district or with contributions to the cost of

improvements made by the district. The contributions may be

either a percentage of cost or a definite annual sum.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.164. AUTHORITY OF CONTRIBUTOR. (a) Any water

improvement district, water control and improvement district,

levee improvement district, irrigation district, county, city,

town, or other political subdivision of the state may contract to

contribute to the cost of the construction of drainage and

irrigation water distribution system improvements. The

improvements to be constructed may be outside the contributing

district, municipality, or other political subdivision of the

state, and may be located outside the state or the United States.

(b) The works may be constructed by any agency.

the contributor will derive from the proposed improvements.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.165. ISSUANCE OF BONDS BY CONTRIBUTOR. (a) The

contract may provide for the issuance of bonds by the contributor

and for direct payment from the proceeds of the bonds to

contractors on the estimates of the engineer for the contributor.

(b) Before issuing bonds, a contributing political subdivision

shall submit the contract for contribution to its electors for

approval and for authority to issue the bonds, fix a lien to

secure the bonds, and levy, assess, and collect taxes to retire

the bonds. The procedure by a contributing political subdivision

of the state shall conform to the applicable law under which the

political subdivision was organized and authorized to create

bonded indebtedness.

the approved contract of contribution.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.166. ANNUAL TAX BY CONTRIBUTOR. (a) The contract for

contribution may provide that instead of issuing bonds the

contributor may levy, assess, and collect an annual tax in a

specific sum. The levy or assessment is a lien on the property

subject to the contributor's taxing power.

(b) The contributor shall collect the tax at its own expense and

pay it annually to the district to which the contribution is to

be made. The district shall hold the annual payment as a trust

fund and annually apply it to the bonds issued by it to provide

funds for the construction of the improvements to which the

contribution is made.

its electors for approval and for authority to levy and assess a

sufficient tax to meet the annual payments fixed in the contract.

The election for the approval of the contract and the authorized

taxes for the fulfillment of the contract shall conform to

appropriate law under which the contributing political

subdivision was organized and authorized to create bonded

indebtedness.

(d) Payment of the annual sums of contribution shall conform to

the contract of contribution.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.167. CONTRIBUTIONS FROM UNAPPROPRIATED OR AVAILABLE

FUNDS OF CONTRIBUTOR. (a) If the proposed contributor has an

unappropriated fund or a fund which is not required for actual

use even though otherwise appropriated, the fund may be withdrawn

from the project which does not need it and may be applied to pay

contributions to the cost of the improvements considered to be a

benefit to the contributor but to be constructed by another

agency or jointly by the contributor and another agency.

(b) The board of the contributing political subdivision may

contract for contributions and contribute from an unappropriated

or available fund without submitting the contract and

contributions to a vote of the electors of the contributor.

However, the contributions shall not be made if they impair the

ability of the contributor to meet any outstanding obligation or

to adequately and economically discharge the contributor's duty

to its electorate or constituency.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.168. LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION

SYSTEM. If a district acquires an established irrigation system

which has contracted to supply water to others and the holders of

the contracts or the lands entitled to service of water are not

within the district, the contracts and duties shall be performed

by the district in the same manner and to the same extent that

any other purchaser of the system would be bound.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.170. COVENANTS AND AGREEMENTS INCLUDED IN LEASE. (a)

The lease shall expressly state that the sums payable under the

terms of the lease and the lease itself shall not constitute an

indebtedness or pledge of the general credit of the district

within the meaning of any constitutional or statutory limitation

of indebtedness. The lease shall contain a statement that

payments due under it are not payable from any funds raised or to

be raised by taxation.

(b) The lease may contain covenants and agreements which are not

inconsistent with the provisions of this code which authorize the

lease for:

(1) the management and operation of the leased properties;

(2) the imposition and collection of charges for water;

(3) the disposition of the proceeds of charges;

(4) the insurance, protection, and maintenance of the leased

properties;

(5) the creation of other obligations payable from the revenues

derived from the operation of the leased properties;

(6) the keeping of books and records by the district; and

(7) other pertinent provisions which the board considers

desirable to assure the payment of amounts due under the lease.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.171. REVENUE FOR PAYMENT OF LEASE RENTAL. (a) All

money due the lessor under the lease shall be payable solely from

the revenue derived by the district from the sale of water

supplied through the leased system.

(b) The board shall set and collect charges for the water

supplied through the leased properties to produce sufficient

revenue at all times to allow for delinquencies and to pay

promptly all rental payments becoming due under the terms of the

lease. The board may agree to deposit this money in a separate

fund as a first charge on the gross revenue received each year

from sales of water, and which shall not be used for any other

purpose.

operating and maintaining the leased properties from the fund

provided by the board each year for the maintenance and operation

expenses of the district so that the gross revenue from sale of

water will be available exclusively for payment of rentals until

the amount required for rentals each year is paid into the

separate rental fund.

(d) If the board includes this agreement in the lease, the board

shall provide for the payment of sums into the maintenance fund

from sources other than the remaining portions of the gross

revenue from the sale of water not required to pay rentals which

are sufficient each year to pay all expenses of operating the

district and maintaining and operating its properties and

facilities, including the leased properties.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.172. RECEIVER FOR LEASED IRRIGATION SYSTEM. (a) If the

district defaults in the payments due under a lease, the lessor

may petition a court of competent jurisdiction to appoint a

receiver for the leased properties.

(b) The receiver shall operate the properties and collect and

distribute the revenue according to the terms of the lease and

the direction of the court.

its operation of the leased properties.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.173. JOINT LEASE BY TWO OR MORE DISTRICTS. The boards

of two or more districts may adopt resolutions to enter into a

joint lease under the provisions of Section 58.169 of this code.

The joint lease shall specify clearly the respective rights and

liabilities of the districts and shall be subject to all the

provisions of Sections 58.169 and 58.172 of this code.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.174. AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT TO

MORTGAGE. A district may acquire by gift, grant, or purchase any

part of an irrigation system serving the district which is

subject to a mortgage or encumbrance. The mortgage or

encumbrances shall not be assumed by the district and shall not

be an indebtedness of the district but shall constitute solely a

charge on the encumbered property and the revenue from it.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.175. REVENUE FOR PAYMENT OF MORTGAGE. (a) The board

may determine conclusively by resolution whether the mortgage or

encumbrance represents all or part of the cost of the acquired

property and constitutes a purchase money lien on the property.

(b) The board may contract to use and pledge its revenue derived

solely from the sale of water and services supplied through the

acquired properties for the payment of a purchase money lien.

issuance and sale of bonds to pay all or part of the amount due

under the encumbrance if a majority of the electors of the

district voting at an election on this proposition approve its

use.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.176. ELECTION TO APPROVE REVENUE FOR PAYMENT OF

MORTGAGE. (a) If tax and bond revenue is pledged to pay amount

due under the encumbrance, the district must hold an election and

receive the approval of the electors.

(b) An election to approve the use of tax and bond revenue shall

be held in the same manner and with the same voters'

qualifications as provided for elections on the issuance of the

bonds of the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.177. JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO OR

MORE DISTRICTS. (a) Two or more districts jointly may acquire

by gift, grant, or purchase any part of an irrigation system

serving the districts subject to a mortgage or encumbrances in

the same manner that a single district may acquire the system.

(b) In the proceedings authorizing the acquisition, the boards

of the respective districts shall define clearly the respective

rights, interest, and liability of the districts in the acquired

property and in the mortgage or encumbrance.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.178. AUTHORITY TO LEASE FACILITIES TO WATER CUSTOMERS.

(a) A district may lease to any person, firm, or corporation

which is a bona fide water customer of the district any of its

facilities and may also lease any of the district's land which is

appropriate to the utilization of the leased facilities,

including, but not limited to land acquired by eminent domain.

(b) The board and the lessee shall agree on the form of the

lease and its terms, conditions, provisions, and stipulations:

however, the duration of the lease shall not be longer than the

duration of the water contract between the district and the

lessee under the primary term of the water contract and any

renewal or extension of it.

board, the lease shall be executed by the president or

vice-president of the board and attested by the secretary. The

lease is valid and effective without any other requirement or

prerequisite by the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.180. AMENDMENTS TO WATER RIGHTS. The board may apply to

the commission to amend its water rights as provided by Section

11.122 of this code and the rules of the commission.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 961, ch. 367,

Sec. 1, eff. June 10, 1981.

Sec. 58.181. SUIT TO PROTECT WATER RIGHTS. The board may

institute and maintain any suit or suits to protect the water

supply or other rights of the district, to prevent any unlawful

interference with the water supply or other rights of the

district, or to prevent a diversion of its water supply by

others.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.182. 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 the land from which the

water was transferred.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.183. SELLING WATERPOWER PRIVILEGES. (a) The district

may enter into a contract to sell waterpower privileges if power

can be generated from water flowing from the district's

reservoirs within its canal system.

(b) The sale of waterpower privileges may not interfere with the

district's obligation to furnish an adequate supply of water for

the purpose for which the district was organized and for

municipal purposes in districts that furnish water for municipal

purposes.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.184. SELLING SURPLUS WATER. The district may sell any

surplus district water for use in irrigation or for domestic or

commercial uses to any person who owns or uses land in the

vicinity of the district or to other districts which include land

in the same vicinity.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.185. PUMPING WATER TO ANOTHER DISTRICT. If the board

considers it advisable, it may contract to pump for or supply

another district any water in which the other district has a

right. The board shall provide the terms of the contract.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

Sec. 58.186. OBTAINING TOPOGRAPHIC MAPS AND DATA. The Texas

Water Development Board shall furnish to a district topographic

maps and data concerning projects undertaken by the district.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 961, ch. 367,

Sec. 1, eff. June 10, 1981; Acts 1987, 70th Leg., ch. 977, Sec.

34, eff. June 19, 1987.

Sec. 58.190. SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE

PLANS OF THE DISTRICT. The board may sell property bid in by it

at any sale under foreclosure of its tax lien or of its lien for

charges or assessments, or any property acquired by it other than

for the purpose of carrying out the plans of the district,

without formally determining that the property is not required to

carry out the plans of the district, without giving notice of the

intent of the district to sell the property, and without applying

the proceeds of the sale as provided in Sections 58.188 and

58.189 of this code.

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.

Aug. 29, 1977.

SUBCHAPTER E. ELECTION PROVISIONS

Sec. 58.221. LANDOWNER. In this subchapter, a reference to

"landowner" refers to a single landowner who is the owner of

record of fee simple title to a parcel of land located within the

boundaries of a district, regardless of whether the title to the

parcel of land is held by:

(1) an individual landowner;

(2) two or more individual landowners; or

(3) a corporation, partnership, or other business entity.

Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,

2001.

Sec. 58.222. ELIGIBILITY TO VOTE. Notwithstanding the Election

Code and any other law, a landowner or the landowner's registered

representative under this subchapter is entitled to one vote in

an election conducted by a district only if the landowner:

(1) owns at least one acre of irrigable land located within the

district's boundaries that is subject to an assessment for

maintenance and operating expenses under Sections 58.305(a) and

(b);

(2) is entitled to receive and use irrigation water delivered by

the district through the district's irrigation facilities; and

(3) satisfies all other requirements for voting prescribed by

this subchapter.

Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,

2001.

Sec. 58.223. ELIGIBILITY REQUIREMENTS. An individual landowner,

or the landowner's registered representative, is eligible to vote

only if the individual:

(1) is 18 years of age or older;

(2) is a United States citizen;

(3) has not been determined mentally incompetent by a final

judgment of a court;

(4) has not been finally convicted of a felony or, if so

convicted, has:

(A) fully discharged the individual's sentence, including any

term of incarceration, parole, or supervision, or completed a

period of probation ordered by any court; or

(B) been pardoned or otherwise released from the resulting

disability to vote; and

(5) is included on the list of qualified voters prepared under

Section 58.224(d).

Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,

2001.

Sec. 58.224. REGISTRATION REQUIRED. (a) A landowner who elects

to designate a representative to vote on behalf of the landowner

must register the representative to vote on a form prescribed by

the district.

(b) The form must be received by the district on or before the

20th day before the date of the election.

district.

(d) The district shall prepare a list of qualified voters as

shown by the district's records as of the 60th day before the

date of a district election. On or before the 40th day before the

date of an election, the district shall:

(1) file the list with the county clerk of each county within

which the district's boundaries are located;

(2) post the list in the district's office; and

(3) post the list at each county courthouse in each county

within which the district's boundaries are located.

(e) Only an individual landowner or a registered representative

of a landowner whose name appears on the list of qualified voters

is eligible to vote in a district election.

Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,

2001.

Sec. 58.225. VOTING BY REPRESENTATIVE. (a) A landowner may

authorize an individual to vote in a district election as the

landowner's representative as provided by this subchapter.

(b) If ownership of the land

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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