Tex. Water Code Section 53.029
Division of or Assumption of Authority by Certain Districts

(a)

This section applies to a district located in a county that:

(1)

has a population of 1.3 million or more and in which a municipality with a population of more than one million is primarily located; or

(2)

is adjacent to a county having the characteristics described by Subdivision (1).

(b)

A district covered by this section may be divided into two new districts if it has no outstanding bonded debt and is not levying ad valorem taxes. The division procedure is prescribed by Sections 53.030 (Ordering Election) to 53.041 of this code.

(c)

The board of a district covered by this section may order an election to be held in the district to determine whether the district should assume the rights, authority, privileges, and functions of a road district under Article III, Section 52(b)(3), of the Texas Constitution. The election shall be ordered, conducted, and the results canvassed in the manner provided by the applicable provisions of this chapter and the Election Code. The ballots for the election shall be printed to provide for voting for or against: The assumption by the __________ Fresh Water Supply District of the rights, authority, privileges, and functions of a road district under Article III, Section 52(b)(3), of the Texas Constitution. If a majority of the persons voting in the election vote in favor of the proposition, the district shall assume the rights, authority, privileges, and functions of a road district operating under Article III, Section 52(b)(3), of the Texas Constitution, Chapter 257 (Road Districts), Transportation Code, and other general laws of this state relating to road districts.

(d)

A district operating as a road district may not issue bonds or otherwise lend its credit for road district purposes except on approval of not less than two-thirds of the qualified voters of the district voting at an election called and held for that purpose. The total amount of bonds, notes, and other obligations of the district issued or incurred under this subsection may not exceed one-fourth of the assessed valuation of real property in the district.

(e)

A district that has adopted the rights, authority, privileges, and functions of a road district in the manner provided by Subsection (c) may, following approval of a construction contract by the district’s governing body, reimburse expenditures as provided by Sections 257.003 (Acquisition of Roads)(a), (b), and (d), Transportation Code, without any additional approval or determination under Section 257.003 (Acquisition of Roads), Transportation Code.
Acts 1971, 62nd Leg., p. 400, ch. 58, Sec. 1, eff. Aug. 30, 1971. Amended by Acts 1981, 67th Leg., p. 598, ch. 237, Sec. 139, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 122, Sec. 1, eff. May 19, 1987; Acts 1991, 72nd Leg., ch. 597, Sec. 110, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 30.277, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 669, Sec. 146, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 248, Sec. 26, eff. June 18, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 26, eff. June 18, 2023.

Source: Section 53.029 — Division of or Assumption of Authority by Certain Districts, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­53.­htm#53.­029 (accessed Apr. 20, 2024).

53.001
Definitions 53.011
Creating a District 53.012
Cities and Towns 53.013
Presenting Petition 53.014
Requisites of Petition 53.015
Deposit 53.016
Time and Place of Hearing 53.017
Notice 53.018
Posting Notice 53.019
Hearing Powers 53.020
Temporary Supervisors 53.021
Officers to Be Elected 53.029
Division of or Assumption of Authority by Certain Districts 53.030
Ordering Election 53.031
Order: Metes and Bounds 53.032
Order: Time of Election 53.033
Order: Election of Supervisors 53.034
Order: Division of Property and Money 53.040
Elected Supervisors Take Office 53.041
Completing Membership of the Board 53.042
Newly Elected Supervisors--term of Office 53.043
Powers of New District 53.061
Creation of District 53.062
Board of Supervisors 53.063
Supervisor’s Qualifications 53.072
Assessor and Collector’s Qualifications 53.073
Assessor and Collector’s Term of Office 53.075
Assessor and Collector’s Salary 53.088
Status of the District 53.101
Purpose of District 53.102
Constitutional Basis 53.103
Governmental Powers of District 53.104
Authority to Acquire Water Rights 53.105
Contracts with Other Districts or Water Supply Corporations 53.107
Distribution of Water and Use of Revenues Obtained from Distribution of Water 53.112
Use of Roadways 53.113
Constructing Improvements on Railroad Ways 53.115
Duties of Engineer 53.121
Constructing Sanitary Sewer Systems 53.122
Regulating Sanitary Conditions Inside the District 53.126
Effect of Enumeration of Powers 53.145
Payment of Election Expenses 53.146
Maintenance Fund 53.150
Payment of Damages 53.151
Cost of Sanitary Sewer Systems 53.171
Power to Issue Bonds 53.172
Ordering Bond Election 53.176
Issuing Bonds 53.177
Approving Bonds 53.178
Registering Bonds 53.179
Selling Bonds 53.180
Recording of Bond Issues 53.181
Paying Bonds and Interest 53.182
Bonds Payable from Revenues and Ad Valorem Taxes 53.183
Election Required 53.184
Refunding Bonds 53.185
Rates and Charges 53.186
Interest and Sinking Fund 53.187
Investment of Sinking Fund 53.188
Levy of Taxes 53.189
Assessor and Collector--office 53.190
Subject to Rules of Board
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 53.029’s source at texas​.gov