Texas Water Code

Sec. § 49.066
Suits


(a)

A district may sue and be sued in the courts of this state in the name of the district by and through its board. A suit for contract damages may be brought against a district only on a written contract of the district approved by the district’s board. All courts shall take judicial notice of the creation of the district and of its boundaries.

(b)

Any court in the state rendering judgment for debt against a district may order the board to levy, assess, and collect taxes or assessments to pay the judgment.

(c)

The president or the general manager of any district shall be the agent of the district on whom process, notice, or demand required or permitted by law to be served upon the district may be served.

(d)

Except as provided in Subsection (e), no suit may be instituted in any court of this state contesting:

(1)

the validity of the creation and boundaries of a district created under this code;

(2)

any bonds or other obligations created under this code; or

(3)

the validity or the authorization of a contract with the United States by the district.

(e)

The matters listed in Subsection (d) may be judicially inquired into at any time and determined in any suit brought by the State of Texas through the attorney general. The action shall be brought on good cause shown, except where otherwise provided by other provisions of this code or by the Texas Constitution. It is specifically provided, however, that no such proceeding shall affect the validity of or security for any bonds or other obligations theretofore issued by a district if such bonds or other obligations have been approved by the attorney general as provided by Section 49.184 (Approval of Bonds by Attorney General; Registration of Bonds).

(f)

A district or water supply corporation shall not be required to give bond for appeal, injunction, or costs in any suit to which it is a party and shall not be required to deposit more than the amount of any award in any eminent domain proceeding.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 8, eff. Sept. 1, 1999.
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Last accessed
Jun. 7, 2021