CHAPTER 63. SELF-LIQUIDATING NAVIGATION DISTRICTS

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WATER CODE

TITLE 4. GENERAL LAW DISTRICTS

CHAPTER 63. SELF-LIQUIDATING NAVIGATION DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 63.001. DEFINITIONS. As used in this chapter:

(1) "District" means a self-liquidating navigation district.

(2) "Board" means the navigation board.

(3) "Commission" means the board of navigation and canal

commissioners.

(4) "Commissioner" means a member of the commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT

Sec. 63.021. SELF-LIQUIDATING DISTRICTS. (a) All navigation

districts organized under the provisions of Article XVI, Section

59, of the Texas Constitution, and the provisions of Chapter 62

of this code, or organized under any local and special law

enacted under the provisions of Article XVI, Section 59, of the

Texas Constitution, which have voted bonds but have not issued or

disposed of the bonds, and all districts organized under the

provisions of this chapter are self-liquidating in character and

may be made self-supporting and return the construction cost of

the district within a reasonable period by tolls, rents, fees,

assessments, or other charges other than taxation.

(b) The district shall be considered as coming originally within

the scope of this chapter, and the proceedings in Sections

63.039-63.044 of this code are not required as a prerequisite to

the exercise of the rights, powers, privileges, and benefits of

this chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.022. CREATION. A district of the character provided in

Section 63.021 of this code may be created as provided in this

chapter to operate under the provisions of Article XVI, Section

59, of the Texas Constitution.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.023. AREA INCLUDED IN DISTRICT. A district may include

all or part of a village, town, city, road district, drainage

district, irrigation district, levee district, other improvement

district, conservation and reclamation district, or municipal

corporation, but may not include more than all or parts of two

counties.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.024. PETITION TO CREATE SINGLE-COUNTY DISTRICT. (a) To

create a district located wholly in one county, a petition signed

by 25 of the electors, or if there are fewer than 75 electors in

the proposed district, by one-third of them, shall be presented

at any regular or special session of the commissioners court of

the county in which the land to be included in the district is

located.

(b) The petition shall include:

(1) a request for the establishment of a district;

(2) a description of the boundaries of the proposed district,

accompanied by a map;

(3) a statement of the general nature of the improvements

proposed;

(4) an estimate of the probable cost; and

(5) the designation of a name for the district which shall

include the name of the county.

qualifications of the petitioners shall accompany the petition.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.025. PETITION TO CREATE DISTRICT IN TWO COUNTIES. (a)

If the proposed district is located in two counties, a petition

of the nature provided in Section 63.024 shall be presented to

the commissioners court of the county which includes the greater

part of the district, and this county shall be the county of

jurisdiction with relation to all matters concerning the

district.

(b) The petition shall be signed by 25 residents in the

territory of each county to be included in the proposed district

or if there are fewer than 75 residents in the territory of

either of the counties, then by one-third of the residents and

shall be accompanied by a deposit of $500.

county which has jurisdiction.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.026. NAVIGATION BOARD. (a) The navigation board shall

include the county judge and the members of the commissioners

court and the mayor and the aldermen or commissioners of the city

or cities.

(b) A majority in number of the persons composing the board

shall constitute a quorum, and the action of a majority of the

quorum shall control.

and the election to approve creation of the district with each

individual member having one vote.

(d) The duties and powers of the county judge and members of the

commissioners court, the mayor and aldermen or commissioners of

cities, and the county clerk and other officers are a part of the

legal duties of the officials which they shall perform without

additional compensation, unless otherwise provided in this

chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.027. HEARING. At the same session the petition is

presented, the commissioners court shall order a hearing to be

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

not less than 60 days from the date the petition is presented.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.028. NOTICE OF HEARING. (a) The commissioners court

shall order the clerk to give notice of the date and place of the

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

commissioners court at the courthouse door and at four other

public places inside the boundaries of the proposed district.

(b) If the district is composed of more than one county, the

notices provided in Subsection (a) of this section shall be

posted in each county.

immediately preceding the day set for the hearing.

(d) The clerk is entitled to receive $1 for each notice he posts

and five cents a mile for each mile necessarily traveled to post

the notices.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.029. HEARING BY NAVIGATION BOARD. (a) If the proposed

district includes all or part of a city acting under special

charter granted by the legislature, the hearing shall be held

before the board at the regular meeting place of the

commissioners court.

(b) The commissioners court shall order a hearing before the

board not less than 30 nor more than 60 days from the day the

petition is presented without reference to any term of the court,

and notice of the hearing shall be given as provided in Section

63.028.

in the book kept for that purpose, and this record shall be

available for public inspection.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.030. CONDUCT OF HEARING. (a) The commissioners court

or the board has exclusive jurisdiction to hear and determine all

contests and objections to the creation of the proposed district

and all matters relating to the creation of the proposed

district.

(b) The commissioners court or the board may adjourn the hearing

from day to day, and all judgments or decisions shall be final

unless otherwise provided in this chapter.

or who might be affected by creation of the district may appear

at the hearing and support or oppose creation of the proposed

district and may offer testimony relating to:

(1) the necessity and feasibility of the proposed district;

(2) the benefits to accrue from formation of the proposed

district;

(3) the boundaries of the proposed district; or

(4) any other matter concerning the proposed district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.031. FINDINGS. (a) If it appears at the hearing that

the proposed improvements are feasible and practicable and would

be a public benefit and utility, the commissioners court or the

board shall make these findings and approve the boundaries stated

in the petition, or if it does not approve the boundaries in the

petition, the court or board shall define the boundaries of the

district which are approved.

(b) Changes may not be made in the proposed boundaries until

notice is given and a hearing held in the manner provided in this

subchapter.

improvement is not feasible or practicable, or that it would not

be a public benefit or public utility and that the establishment

of the district is unnecessary, the court or board shall make

these findings and dismiss the petition at the cost of

petitioners. Dismissal of the petition shall not prevent

presentation of another petition at a later date.

(d) The commissioners court or the board shall enter all

findings in its records or minutes, together with a map of the

district if the boundaries in the petition are changed.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.032. PROVIDING FUNDS FOR PROPOSED IMPROVEMENTS. (a) If

the commissioners court or the board approves the boundaries in

the petition or as changed and decides to grant the petition, it

shall determine the amount of money necessary for the

improvements and all expenses connected with the improvements and

whether to issue bonds for the full amount or, in the first

instance, for a less amount.

(b) The commissioners court or the board shall specify the

amount of bonds to be issued, the maximum term for which the

bonds will run, and the rate of interest.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.033. ELECTION ORDER. (a) If the commissioners court or

the board finds in favor of the creation of the district, the

commissioners court of the county of jurisdiction shall order an

election and submit to the electors residing in the district the

proposition of whether or not the district shall be created and

whether or not the bonds shall be issued and a tax levied

sufficient to pay the interest and provide a sinking fund to

redeem the bonds at maturity.

(b) The election order shall specify the amount of the bonds to

be issued, the term for which the bonds will run, and the rate of

interest.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.034. NOTICE OF ELECTION. (a) The clerk of the court of

jurisdiction shall give notice of the election by posting notices

at the courthouse door of the county in which the district is

located and at four other public places in the proposed district.

(b) If the district is composed of more than one county, the

notices shall be posted in each county.

preceding the time set for the election.

(d) The notices shall include:

(1) the time and place of the election;

(2) the proposition to be voted on;

(3) the purpose for which the bonds are to be issued;

(4) the amount of the bonds; and

(5) a copy of the election order.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.035. BALLOTS. The ballots for the election shall be

printed to provide for voting for or against: "The navigation

district and the issuance of bonds and the levy of a tax to pay

for the bonds."

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.036. CONDUCT OF ELECTION. The commissioners court shall

create and define, by order, the voting precincts in the district

and shall name convenient polling places in the precincts. It

shall appoint the judges and other necessary election officials

and shall hold the election at the earliest legal time.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.037. RETURNS OF ELECTION. (a) Immediately after the

election, the officers holding the election shall make returns of

the result to the commissioners court of jurisdiction and return

the ballot boxes to the clerk of the court.

(b) The clerk shall keep the ballot boxes safely and deliver

them, together with the returns of the election, to the

commissioners court at its next regular or special session.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.038. DECLARATION OF RESULT. The court shall canvass the

vote and return at the session when it receives the ballot boxes

and returns of the election. If it finds that a majority of those

voting at the election voted in favor of the proposition, the

court shall declare the result of the election to be in favor of

the district, issuance of the bonds, and the levy of the tax, and

shall enter the following declaration in its minutes:

"Commissioners Court of __________ County, Texas, __________ term

A.D. __________, in the matter of the petition of __________ and

__________ and others praying for the establishment of a

navigation district, and issuance of bonds and levy of taxes in

said petition described and designated by the name of __________

Navigation District. Be it known that at an election called for

the purpose in said district, held on the __________ day of

__________ A.D. __________ a majority of the electors voting

thereon voted in favor of the creation of said navigation

district, and the issuance of bonds and levy of a tax. Now,

therefore, it is considered and ordered by the court that said

navigation district be, and the same is hereby established by the

name of __________ Navigation District, and that bonds of said

district in the amount of __________ dollars be issued, and a tax

of __________ cents on the $100, valuation, or so much thereof as

may be necessary to be levied upon all property within said

navigation district, whether real, personal, mixed or otherwise,

sufficient in amount to pay the interest on such bonds and

provide a sinking fund to redeem that at maturity, and that if

said tax shall at any time become insufficient for such purpose

same shall be increased until same is sufficient. The metes and

bounds of said district being as follows: (Giving metes and

bounds)."

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.039. CONVERSION OF DISTRICT. Any navigation district

organized under the provisions of Article XVI, Section 59, of the

Texas Constitution, or Article III, Section 52, of the Texas

Constitution, and not originally within the scope of this

chapter, may be converted into a self-liquidating district

operating under this chapter in the manner provided in Sections

63.040-63.044 of this code.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.040. RESOLUTION TO CONVERT. (a) The commission, by

resolution entered in the minutes, shall declare that in its

judgment it is for the best interest of the district and will

benefit the land and property in the district to operate under

the provisions of this chapter, permitting the district to become

self-liquidating and to return the construction cost within a

reasonable period by means of tolls, rents, fees, assessments, or

other charges other than taxation.

(b) The commission shall designate in the resolution the

sections of this chapter under which the district wishes to

operate.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.041. NOTICE. (a) Notice of the adoption of a

resolution under Section 63.040 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 day 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.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.042. HEARING. The hearing may be adjourned from day to

day until all interested persons have had an opportunity to

appear and present testimony.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.043. FINDINGS. (a) If at the hearing the commission

finds that conversion of the district into a district 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.

(b) If the commission 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.

not subject to appeal or review.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.044. EFFECT OF CONVERSION. If the finding of the

commission is favorable to the resolution, the commission shall

have the same right, power, and authority to act under the

provisions of this chapter adopted by the resolution as if the

district had originally come within the scope of this chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER C. ADMINISTRATIVE PROVISIONS

Sec. 63.081. APPOINTMENT OF COMMISSIONERS. After a district is

created, the commissioners court shall appoint three navigation

and canal commissioners, whose duties are provided in this

chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.082. QUALIFICATIONS. To be qualified for appointment as

a commissioner, a person must be a resident of the district, a

freehold property taxpayer, and a qualified elector of the

county.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.083. VACANCIES. All vacancies in the office of

appointed commissioner occurring through death, resignation, or

otherwise shall be filled by the remaining commissioners or, if

only one commissioner remains, by the remaining commissioner and

the district judge residing in the county in which a majority of

the acreage of the district is located.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.084. OATH. In addition to the constitutional oath

provided for county commissioners, before beginning to perform

his duties each appointed commissioner shall take and subscribe

before the county judge of the county of jurisdiction an oath to

discharge faithfully the duties of his office without favor or

partiality.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.085. BOND. Before beginning to perform his duties, each

appointed commissioner shall execute a good and sufficient bond

for $1,000, payable to the county judge of the county of

jurisdiction for the use and benefit of the district, conditioned

on the faithful performance of his duties.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.086. TERM OF OFFICE. Each commissioner shall hold

office for four years and until his successor has qualified after

appointment or election.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1983, 68th Leg., p. 5217, ch. 951, Sec. 14, eff.

Jan. 1, 1984.

Sec. 63.087. OPTIONAL TERM OF OFFICE. (a) The commission may

provide by resolution for six-year staggered terms of office for

commissioners with the term of one commissioner expiring every

two years.

(b) At the first election of commissioners after a resolution is

adopted under this section, three commissioners shall be elected.

After the commissioners have taken the oath of office and

executed bonds, they shall draw lots to determine who will serve

for a two-year term, who will serve for a four-year term, and who

will serve for a six-year term.

of Subsection (b) of this section shall serve for full six-year

terms.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.088. COMMISSION ORGANIZATION AND QUORUM. The commission

shall organize by electing one of their members chairman and one

secretary. Two of the commissioners shall constitute a quorum and

a concurrence of two shall be sufficient in all matters relating

to the business of the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.089. ELECTION OF COMMISSIONERS. (a) An election shall

be held in the district on the first Tuesday after the first

Monday in November of each even numbered year to elect the three

commissioners. However, the commissioners may, by adopting an

order duly entered on the minutes, determine to hold the election

on the first Tuesday after the first Monday in October of each

even numbered year to elect the commissioners authorized by law.

(b) Section 41.001(a), Election Code, requiring that certain

elections be held on specified uniform dates, and Section 41.003,

Election Code, allowing only certain elections to be held on the

date of the general election for state and county officers, do

not apply to the election provided for in this section.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, Sec.

9, eff. Sept. 1, 1971; Acts 1973, 63rd Leg., p. 1129, ch. 427,

Sec. 1, eff. June 14, 1973; Acts 1977, 65th Leg., p. 1978, ch.

791, Sec. 1, eff. Aug. 29, 1977; Acts 1991, 72nd Leg., ch. 522,

Sec. 1, eff. Sept. 1, 1991.

Sec. 63.0895. JOINT ELECTION WITH COUNTY. (a) The commission

of a district that is situated wholly in one county and that

holds its commissioners' election on the first Tuesday after the

first Monday in November of each even-numbered year may, by

adopting an order duly entered on the minutes, elect to hold the

commissioners' election jointly with the general election for

state and county officers as provided by this section. Not later

than the 90th day before election day, a copy of the order shall

be mailed to the county election officer.

(b) The commission shall order the commissioners' election not

later than the 70th day before election day.

election in the manner provided by Section 63.093(a) of this

code. The notice must state the official mailing address to which

voters of the district may mail applications for absentee ballots

to be voted by mail. The notice shall be published once a week

for two consecutive weeks in a newspaper published in the

district or, if a newspaper is not published in the district, in

a newspaper of general circulation in the district. The first

publication shall be made not later than the 65th day nor earlier

than the 70th day before election day.

(d) A candidate for the office of commissioner must file

documents as required by Title 15, Election Code, with the

secretary.

(e) A candidate for commissioner must file an application for a

place on the ballot with the secretary not later than 5 p.m. of

the 56th day before election day. In addition, a candidate's name

may be placed on the ballot by petition of 20 or more qualified

electors of the district filed with the secretary by the filing

deadline.

(f) The county election officer shall establish the election

precincts for the commissioners' election. The election precincts

shall be coterminous with county election precincts to the extent

permitted by district boundaries.

(g) The county commissioners court shall designate common

polling places in the appropriate county election precincts for

use in the joint election. The voters of the district may be

served by a polling place located outside the boundary of the

district if the location can adequately and conveniently serve

the affected voters and will facilitate the orderly conduct of

the election.

(h) The county election officer is the absentee voting clerk for

the commissioners' election.

(i) An election officer, including a member of the absentee

ballot board, appointed to serve in the general election for

state and county officers shall serve in the same office in the

commissioners' election. A person who is eligible to serve as an

election officer in the general election for state and county

officers is eligible to serve in the same office in the

commissioners' election.

(j) The county election officer, subject to the approval of the

county election board, shall procure, allocate, and distribute

the equipment, ballots, forms, list of registered voters, and

other materials necessary to conduct the commissioners' election.

(k) The county election officer shall prepare a single ballot

containing all the offices to be voted on at a common polling

place. The office of commissioner shall appear on the ballot

after the precinct offices of the county government. The

secretary shall certify in writing for placement on the ballot

the name and address of each candidate for the office of

commissioner. The certification shall be delivered to the county

election officer not later than the 55th day before election day.

(l) If an election precinct established under Subsection (f) of

this section consists of only part of a county election precinct,

the county election officer shall deliver to the presiding

election judge a current description of the district boundary and

a map, if a map is available. The county election officer shall

deliver the district boundary information not later than the 30th

day before election day.

(m) The secretary of state shall prescribe any procedures

necessary to ensure that a voter is permitted to vote on the

office of commissioner only if the voter is a resident of the

district.

(n) One set of ballot boxes shall be used at a common polling

place for the deposit of ballots. The forms and records

maintained at a common polling place shall be combined in a

manner convenient and adequate to record and report the results

of each election.

(o) The county election officer is the general custodian of

election records for the commissioners' election.

(p) The precinct election returns for the joint election shall

be canvassed by the county commissioners court. The county judge

shall promptly deliver the results of the commissioners' election

to the commission.

(q) The commission shall issue a certificate of election to a

candidate elected to the office of commissioner.

(r) The county election officer and election officers, including

members of the absentee ballot board, appointed to serve in the

general election for state and county officers, are entitled to

additional compensation for serving in the commissioners'

election only if additional compensation is provided by the

commission.

(s) The commission shall reimburse the county election officer

for the expenses incurred in the conduct of the joint election

that would not have been incurred if the general election for

state and county officers had been held separately from the

commissioners' election.

(t) Sections 63.090, 63.091, 63.092, 63.093(b), and 63.094 of

this chapter do not apply to a commissioners' election held under

this section.

(u) In this section, "county election officer" means the county

elections administrator in counties having that position, the

county tax assessor-collector in counties in which the county

clerk's election duties and functions have been transferred to

the tax assessor-collector, and the county clerk in other

counties.

Added by Acts 1991, 72nd Leg., ch. 522, Sec. 2, eff. Sept. 1,

1991.

Sec. 63.090. PLACING NAMES OF CANDIDATES ON BALLOT. A candidate

for commissioner must file an application with the secretary not

later than 5 p.m. of the 45th day before the date of the election

to have the candidate's name printed on the ballot. Also, a

candidate's name may be placed on the ballot by petition of 20 or

more qualified electors of the district filed with the secretary

by the deadline stated in the preceding sentence.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 2, eff.

Aug. 29, 1977; Acts 1989, 71st Leg., ch. 1009, Sec. 5, eff. Sept.

1, 1989.

Sec. 63.091. POLLING PLACE. The commission shall designate the

polling place or places in the election order. If more than one

polling place is required, the board shall divide the district

into election precincts, which may be changed from time to time.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.092. ELECTION OFFICERS. The commission shall appoint

the election officers, consisting of one presiding judge, an

assistant judge, and two clerks, when the election is ordered.

Additional clerks may be appointed by the presiding judge when

necessary.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.093. NOTICE OF ELECTION. (a) The notice of the

election shall be signed by the president and secretary of the

commission and shall contain a copy of the election order.

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

consecutive weeks in a newspaper published in the district or, if

a newspaper is not published in the district, in a newspaper

located nearest to the boundaries of the district. The first

publication shall be made not less than 32 days nor more than 46

days before the day of the election.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1977, 65th Leg., p. 1978, ch. 791, Sec. 3, eff.

Aug. 29, 1977.

Sec. 63.094. CONDUCT OF ELECTION. (a) The election officers

shall make and deliver the returns in triplicate. One copy shall

be retained by the presiding judge, one shall be delivered to the

chairman of the commission, and one shall be delivered to the

secretary.

(b) The ballot boxes and other election records and supplies

shall be delivered to the secretary at the office of the

district. All boxes containing voted or mutilated ballots shall

be preserved for six months, subject to the order of any court in

which an election contest is filed. The ballot boxes shall be

destroyed after six months unless a contrary order is entered by

a court of competent jurisdiction.

election not less than five full days nor more than seven days

after the election. If the returns cannot be canvassed within

seven days, they shall be canvassed as soon as possible after

seven days.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.0945. WRITE-IN CANDIDATES. (a) In an election to elect

a commissioner, a write-in vote may not be counted unless the

name written in appears on the list of write-in candidates.

(b) To be entitled to a place on the list of write-in

candidates, a candidate must make a declaration of write-in

candidacy.

authority with whom an application for a place on the ballot is

required to be filed in the election.

(d) Except as provided by Subsection (f), a declaration of

write-in candidacy must be filed not later than 5 p.m. of the

fifth day after the date an application for a place on the ballot

is required to be filed.

(e) Subchapter B, Chapter 146, Election Code, applies to

write-in voting in an election to elect a commissioner except to

the extent of a conflict with this subchapter.

(f) For an election to be held on the date of the general

election for state and county officers, the day of the filing

deadline is the 67th day before election day.

Added by Acts 1997, 75th Leg., ch. 1343, Sec. 3, eff. June 20,

1997. Amended by Acts 2003, 78th Leg., ch. 925, Sec. 8, eff. Nov.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 35, eff. September 1, 2005.

Sec. 63.095. VACANCIES ON COMMISSION. (a) A vacancy in the

office of elected commissioner shall be filled by appointment by

the commission itself for the unexpired term.

(b) If two vacancies occur at the same time, the remaining

commissioner shall call a special election to fill the vacancies.

election within 15 days after the vacancies occur, or if the

third place is vacant also, the judge of the district court of

the judicial district in which the district is located may order

the election on the petition of any voter or creditor of the

district. The district judge shall fix the date of the election,

order the publication of notice of the election by the county

clerk, and name the officers to hold the election. The returns of

an election held by order of the district judge shall be made and

filed in the office of the clerk of the district court, and the

clerk shall declare the result of the election.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.096. COMMISSIONER'S OATH. Each commissioner shall

subscribe an oath of office containing the applicable conditions

provided by law for members of the commissioners court.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.097. COMMISSIONER'S BOND. (a) Each commissioner shall

execute a good and sufficient bond for $1,000, payable to the

district, conditioned on the faithful performance of his duties.

(b) The commissioner's bond shall be approved by the commission

and by the district judge of the district court which has

jurisdiction over the territory of the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1973, 63rd Leg., p. 1129, ch. 427, Sec. 2, eff.

June 14, 1973.

Sec. 63.098. COMMISSIONER'S COMPENSATION. (a) Each

commissioner shall receive a fee of not more than $50 a day for

each day of service necessary to the discharge of his duties,

unless otherwise provided in accordance with Subsection (b) of

this section.

(b) The commission may provide by an order entered in its

minutes that compensation shall not be paid for the

commissioners' services for a period of more than two years from

the date of the order.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1971, 62nd Leg., p. 1984, ch. 612, art. 1, Sec.

10, eff. Sept. 1, 1971; Acts 1977, 65th Leg., p. 159, ch. 79,

Sec. 1, eff. April 25, 1977.

Sec. 63.099. DISTRICT MANAGER. (a) The commission may employ a

general manager and give him full authority in the management and

operation of the affairs of the district, subject only to the

supervision of the commission.

(b) The commission shall fix the term of office and compensation

of the manager.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.100. DISTRICT ASSESSOR AND COLLECTOR. The commission

shall appoint one person to the office of assessor and collector

for the district. The assessor and collector shall be a qualified

elector and a resident of the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.101. DEPUTY ASSESSOR AND COLLECTOR. The commission may

appoint one or more deputies to assist the assessor and collector

for a period of not more than one year.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.103. DEPUTY'S BOND. The assistant or assistants to the

assessor and collector appointed by the commission may or may not

be required to furnish bond with conditions similar to those

required of the assessor and collector.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.104. COMPENSATION OF ASSESSOR AND COLLECTOR AND DEPUTY.

The commission shall fix the compensation to be paid to the tax

assessor and collector or any deputy.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.105. ENGINEER. The commission may employ a competent

engineer whose term of office and compensation shall be

determined by the commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.106. LEGAL COUNSEL. The commission may employ an

attorney to represent the district in preparation of any

contract, to conduct any proceeding in or out of court, to be the

legal advisor of the commission, and to perform any other

function considered necessary. The attorney shall be retained on

the terms and for the fees which the commission determines and on

which the parties agree.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.107. DISTRICT EMPLOYEES. (a) The commission may employ

assistant engineers and other persons as it considers necessary

for the construction, maintenance, operation, and development of

the district, its business and facilities, and shall determine

their term of office and duties, and fix their compensation.

(b) All employees may be removed by the commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.108. BONDS OF OFFICERS AND EMPLOYEES. (a) Each officer

and employee charged with the handling of funds or property of

the district shall furnish a good and sufficient bond for a sum

sufficient to safeguard the district as determined by the

commission. The bond shall be payable to the district and

conditioned on the faithful performance of his duties and his

accounting of all funds and property of the district coming into

his hands.

(b) The bonds of other officers of the district shall be

approved by the commission and shall be filed for record in the

office of the district. The bonds shall be recorded in a book

kept for that purpose in the office of the district, and the book

shall be open to the inspection of the public during the office

hours of the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The

commission may draw warrants to pay for legal services, for the

salaries of the engineer, his assistant, or any other employees,

and for all expenses incident and relating to the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.110. DISTRICT OFFICE. A regular office shall be

maintained for the conduct of the business of the district at a

place in the district designated by the commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.112. COURT ACTIONS. (a) A district established under

this chapter may sue and be sued, by and through its commission,

in any court in this state in the name of the district.

(b) The courts of this state shall take judicial notice of the

establishment of the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 63.151. AUTHORITY OF DISTRICT. All districts created under

this chapter are essential to the accomplishment of the

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

and are governmental agencies and bodies politic and corporate,

with the powers of government and authority to exercise the

rights, privileges, and functions conferred in this chapter and

by the Texas Constitution.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.152. PURPOSES OF DISTRICT. The district may make

improvements for:

(1) the navigation of inland and coastal water;

(2) the preservation and conservation of inland and coastal

water for navigation;

(3) the control and distribution of storm water and floodwater

of rivers and streams in aid of navigation; or

(4) any purpose stated in Article XVI, Section 59, of the Texas

Constitution, necessary or incidental to the navigation of inland

and coastal water.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.153. GENERAL AUTHORITY OF DISTRICT. A district may:

(1) exercise all the rights, powers, and authority granted by

this chapter and by the general and special laws relating to

navigation districts;

(2) exercise all powers relating to regulation of wharfage and

facilities connected with waterways and ports inside the district

to the fullest extent consistent with the Texas Constitution;

(3) acquire, purchase, own, construct, enlarge, extend, repair,

maintain, operate, develop, and regulate land, waterways,

improvements, facilities, or aids incident to or necessary in the

proper operation and development of ports and waterways in the

district, including wharves, docks, warehouses, commercial and

industrial buildings, grain elevators, bunkering facilities, belt

railroads, floating plants and facilities, lightering facilities,

towing facilities, and all appurtenances;

(4) hire, rent, convey, lease, and otherwise make available to

any person the improvements of the district;

(5) assess and collect charges for use of all facilities

acquired or constructed in accordance with this chapter and apply

the amounts collected for maintenance and operation of the

business of the district, to make the district self-supporting

and financially solvent, and to retire the construction cost of

the improvements within a reasonable period;

(6) enter into valid and binding contracts to apply revenues,

over and above the maintenance and operation costs, which are

derived from sources other than taxation, to pay principal and

interest on bonds;

(7) enter into contracts with the United States for loans and

grants on terms and conditions necessary to comply with

regulations and requirements of the United States under federal

law; and

(8) issue bonds, notes, warrants, certificates of indebtedness,

and other forms of obligation payable from revenues derived from

improvements and pledge these revenues to the payment of the

district's debts in the manner provided in Subchapter E of

Chapter 60 of this code.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.154. AUTHORITY TO GO ON LAND. The commission and the

district engineer, together with all necessary teams, help,

tools, instruments, implements, and machinery, may go on any land

inside the district to examine the land and make plans, surveys,

maps, and profiles without subjecting themselves to action for

trespass.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.155. ACQUISITION OF PROPERTY AND RIGHT-OF-WAY. The

commission may acquire by gift, purchase, or condemnation

proceedings the necessary right-of-way and property of any kind

necessary for improvements contemplated by this chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.156. EMINENT DOMAIN. (a) The district may exercise the

power of eminent domain to condemn and acquire the right-of-way

over and through any public or private land necessary to improve

any river, bay, creek, or arm of the Gulf of Mexico for the

construction and maintenance of any canal or waterway and for any

other purpose authorized by this chapter.

(b) The condemnation proceedings shall be instituted under the

direction of the commission and in the name of the district, and

the damages shall be assessed in conformity with the laws for

condemning and acquiring rights-of-way by railroads.

have the effect of suspending work by the commission in

prosecuting the work of improvement in detail.

(d) No right-of-way can be condemned through any part of an

incorporated city or town without the consent of the lawful

authorities of the city or town.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.157. AUTHORITY OVER IMPROVEMENTS. A district may

acquire, purchase, take over, construct, maintain, operate,

develop, and regulate wharves, docks, warehouses, grain

elevators, bunkering facilities, belt railroads, floating plants,

literage, lands, towing facilities, and all other facilities or

aids incident to or necessary to the operation or development of

ports or waterways inside the district extending to the Gulf of

Mexico.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.158. OBTAINING CONSENT OF UNITED STATES. If a river,

creek, bay, stream, canal, or waterway which is to be improved is

navigable or if the improvements are of a type which require the

permission or consent of the United States, the commission may

obtain the permission or consent of the United States.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.159. COOPERATION WITH THE UNITED STATES. (a) The

commission may cooperate and act with the United States in

surveys, work, and expenditure of money in any matters relating

to construction and maintenance of the canals and the improvement

and navigation of navigable rivers, bays, creeks, streams,

canals, and waterways.

(b) To the extent that the United States aids in these matters,

the commission may agree and consent to the United States

entering and taking management and control of the work insofar as

necessary or permissible under the laws and regulations of the

United States.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.160. DUTIES OF ENGINEER. The engineer shall:

(1) make necessary surveys, examinations, investigations, maps,

plans, and drawings relating to proposed improvements;

(2) estimate the cost of improvements;

(3) supervise the work of improvements; and

(4) perform any duties which might be required by the

commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.161. UNITED STATES PERFORMING DUTIES OF ENGINEER.

Instead of or in addition to employing an engineer, the

commission may adopt any survey of a river, creek, canal, stream,

bay, or waterway previously made by the United States and may

arrange for surveys, examinations, and investigations of proposed

improvements and for supervision of the work of improvement by

the United States.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.162. DISTRICT ORDER FOR IMPROVEMENTS. If the commission

considers it in the best interest for the district to exercise

the powers granted by Section 63.153 of this code or if the

commission finds that additional improvements to those originally

planned or constructed are necessary for navigation of or in aid

of navigation of any river, creek, stream, bay, canal, or

waterway, the commission shall make this finding in an order

entered in the minutes and shall direct the engineer to make an

estimate showing the character and cost of the improvements.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.163. NOTICE OF HEARING. (a) After the commission's

order is entered in the minutes, the commission shall publish

notice once a week for three consecutive weeks in a newspaper

published in the district. If no newspaper is published in the

district, the notice shall be published in the newspaper

published nearest to the district.

(b) The notice shall include a copy of the commission's order

and shall designate a time and place for a hearing.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.164. HEARING ON IMPROVEMENTS. (a) The commission shall

hear evidence at the hearing, and any district taxpayer or

interested person may present evidence.

(b) The commission may adjourn the hearing from day to day for a

reasonable time so that all taxpayers and interested persons may

be heard.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.165. FINDINGS. (a) After the hearing is completed, the

commission shall enter its order making findings as to whether or

not the improvements and construction of the facilities is

feasible and practicable and whether or not benefits will result

to the public.

(b) If the findings are against the proposed improvements, no

further action will be taken, but if the commission finds that

the improvements are feasible and practicable and would be a

public benefit, the district may issue bonds to pay for the

necessary improvements and facilities.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.166. BOND ELECTION. (a) An election shall be held to

approve the issuance of the bonds.

(b) The ballots shall be printed to provide for voting for or

against the proposition: "The issuance of bonds and the levy of a

tax to pay for the bonds."

in this chapter.

(d) If the canvass indicates that a majority of the electors

voted in favor of the proposition, the commission shall issue an

order directing the issuance of the bonds and the levy of a tax.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.167. FORM OF BONDS. (a) The bonds shall be issued in

the manner that other bonds are issued under this chapter, and

the amount of the bonds may not be more than the cost of the

improvements estimated by the engineer.

(b) The bonds shall be issued in the name of the district and

shall be signed by the president of the commission and attested

by the secretary with the seal of the district attached.

at the times, not more than 40 years, considered most expedient

by the board. Interest shall be payable annually or semiannually.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.168. BIDS FOR CONTRACT. (a) Before the commission

enters into a contract requiring the expenditure of more than

$15,000, it shall submit the proposed contract for competitive

bids.

(b) The commission may reject any and all bids, and if the

contract is for a public improvement, the successful bidder shall

be required to give the statutory bonds required by Chapter 2253,

Government Code.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1977, 65th Leg., p. 805, ch. 299, Sec. 3, eff.

Aug. 29, 1977; Acts 1993, 73rd Leg., ch. 757, Sec. 24, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(19), eff. Sept.

1, 1995.

Sec. 63.169. NOTICE OF BIDS. (a) Notice of the time and place

the contract will be awarded shall be published in one or more

newspapers with general circulation in the state, one of which

shall be a newspaper published in the county in which the

district is located if a newspaper is published in the county.

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

consecutive weeks before the time set for awarding the contract,

with the first publication being made at least 14 days before the

day for awarding the contract.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.170. APPLICATION OF CERTAIN SECTIONS. The provisions of

Sections 63.168-63.169 of this code do not apply to:

(1) improvements carried out and performed by the United States;

(2) calamities or emergencies which make it necessary to act at

once to preserve the property of the district;

(3) unforeseen damage to district property, machinery, or

equipment or necessary emergency repairs to them; or

(4) contracts for personal or professional services or work done

by the district and paid for by the day as the work progresses.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.171. PROCEDURE FOR BIDS. (a) Any person desiring to

bid on the construction of any work advertised shall, on

application to the commission, be furnished at actual cost the

survey, plans, and estimates for the work.

(b) Bids for the work shall be in writing, sealed, and delivered

to the chairman of the commission, together with a certified

check for at least five percent of the total amount of the bid. A

bid bond in the amount of at least five percent of the total

amount of the bid executed by a corporate surety duly authorized

to do business in this state and payable to the district may be

substituted in lieu of the certified check.

a proper contract and give the performance and payment bond

required by Chapter 2253, Government Code, the certified check or

bid bond shall be forfeited to the district.

(d) The commission may reject any and all bids.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 1, eff.

May 26, 1971; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(19), eff.

Sept. 1, 1995.

Sec. 63.172. FORMAL REQUIREMENTS OF CONTRACT. A contract

entered into by the district shall be in writing and signed by

the contractors and the commissioners, any two of the

commissioners, the executive director of the district, or an

authorized representative of the executive director.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1330, Sec. 12, eff. June 15, 2007.

Sec. 63.173. CONTRACTOR'S BOND. The contractor shall execute an

adequate bond payable to the commission in the amount of the

contract price, conditioned that he will faithfully perform the

obligations, agreements, and covenants of the contract and that

if he defaults he will pay the district all damages sustained by

reason of the default. The bond shall be approved by the

commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.174. INTEREST IN CONTRACT. The members of the board and

the engineer may not be directly or indirectly interested for

themselves or as agents in a contract for the construction of a

work to be performed by the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.175. SUPERVISION BY ENGINEER. (a) Unless done under

the supervision of the United States, all work contracted for by

the commission shall be done under the supervision of the

district engineer.

(b) After the work is completed according to the contract, the

engineer shall make a detailed report of the work to the

commission showing whether or not the contract was fully complied

with according to its terms and, if not, in what particulars it

has not been complied with.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.176. PAYMENT FOR WORK. (a) The commission shall

inspect the work being done during its progress, and on

completion of the contract, the commission shall draw a warrant

on the district depository in favor of the contractor or his

assignee for the amount of the contract price. The warrant shall

be paid from the construction and maintenance fund.

(b) If the commission considers it advisable, it may contract to

pay for the work in partial payments as the work progresses, but

the partial payments may not be more in the aggregate than 90

percent of the contract price of the total amount of work done

under the contract. The amount of the work shall be shown by a

certificate of the engineer.

carried out or performed by the United States.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1971, 62nd Leg., p. 1448, ch. 404, Sec. 2, eff.

May 26, 1971.

Sec. 63.177. COMMISSION REPORT. (a) The commission shall make

an annual report of its activities and file it with the county

clerk on or before January 1 of each year.

(b) The report shall show in detail:

(1) the kind, character, and amount of work done in the

district;

(2) the cost of the work; and

(3) the amount paid on order, the purpose for which paid, and

other data necessary to show the condition of improvements made

under the provisions of this chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.178. FRANCHISES. (a) A district may grant franchises

on property owned or controlled by the district to any person for

purposes consistent with this chapter and may charge fees for the

franchises.

(b) A franchise may be granted for a period of not more than 30

years.

the franchise by a majority vote at three separate meetings held

at least one week apart and must publish the franchise in full,

at the expense of the applicant, once a week for three

consecutive weeks in a newspaper published in the district.

(d) The franchise shall require the grantee to file his written

acceptance within 30 days from the day the franchise is finally

approved.

(e) Fees charged for a franchise may be used to pay interest on

bonds or other securities issued by the district for construction

of its improvements and to retire these bonds or other securities

at maturity.

(f) This section shall not be construed to prevent a district

from granting revocable licenses or permits for the use of

limited portions of waterfront or facilities for purposes

consistent with this chapter.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.179. ADJACENT LAND. (a) The district may own land

adjacent or accessible to the navigable water developed by the

district and may lease the land to any person and charge

reasonable tolls, fees, or other charges.

(b) Proceeds from the tolls, fees, or other charges may be used

for maintenance and operation of the business of the district, to

make the district self-supporting and financially solvent, and to

return the construction cost of the improvements within a

reasonable period.

outside the boundaries of any incorporated city, town, or village

in this state, but land which is not included inside the

boundaries of a city, town, or village at the time it is acquired

by the district may not be annexed or included inside the

boundaries of the city, town, or village without the written

consent of the district evidenced by a resolution adopted by the

commission.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.180. ISSUANCE OF WRITS. A writ of mandamus shall issue

from a court of competent jurisdiction to compel the commission

to apply revenue in accordance with the terms of a contract with

the United States, and an injunction may be issued to restrain

the commission from violating the provisions of a contract with

the United States.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.181. PEACE OFFICERS. The district may appoint peace

officers to protect life and property in the district and the

property of the district. The officers shall have the same

rights, powers, and authority as policemen of a city or town.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1981, 67th Leg., p. 72, ch. 32, Sec. 1, eff.

April 15, 1981.

Sec. 63.182. EFFECT ON POLICE POWERS. The provisions of this

chapter shall not affect or repeal the police powers of any

municipality inside the district or any law, ordinance, or

regulation which authorizes the municipality to exercise police

power over any navigable stream, aid to navigation, or facility

for navigation in the district.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Sec. 63.183. OTHER LAWS GOVERNING DISTRICT. The commission has

the same rights, powers, and duties provided for commissioners in

Chapter 62, Transportation Code.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.2

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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