Texas Water Code
Sec. § 62.1071
Acquisition of Land, Equipment, or Improvements in Certain Counties


(a)

This section applies only to a district that has a county of jurisdiction with a population of more than 2.8 million.

(b)

A district may acquire, by any means except by condemnation, and own land, equipment, or improvements located in a county that is adjacent to the district’s county of jurisdiction if the commission considers the land, equipment, or improvements:

(1)

necessary, required, or convenient for any purpose necessary or incident to the development and operation of navigable water or a port located in the district’s county of jurisdiction or a county adjacent to that county; or

(2)

may be in aid of, or necessary, required, or convenient for, the development of industries and businesses on the land in the county of jurisdiction or a county adjacent to that county.

(c)

Notwithstanding any other law or municipal charter, a district may acquire, and any public or private owner may dispose of, land, equipment, or improvements on any terms to which the commission and the property owner agree.

(d)

If in connection with an acquisition or disposition of land, equipment, or improvements under this section the governing body of a municipality decides to discontinue operations of a port, as a utility of the municipality or otherwise, the acquisition or disposition of the land, equipment, or improvements may not be completed until a majority of the qualified voters of the municipality voting at an election called and held for that purpose approve of the discontinuance of the operations.

(e)

The commissioners may change the name of the district in connection with the acquisition of land, equipment, or improvements under this section.

(f)

Notwithstanding the source of the revenue, a district that acquires land, equipment, or improvements under this section may use or pledge to the payment of obligations of the district for the development of any district facility, regardless of the location of the facility, any revenue of the district, except as provided by Section 62.209 (Use of Bond Proceeds for Certain Acquisitions of Certain Districts).

(g)

Section 41.001 (Uniform Election Dates)(a), Election Code, does not apply to an election held under this section.

(h)

Except as provided by this section, an election held under this section must be conducted as provided by the Election Code.
Added by Acts 1999, 76th Leg., ch. 504, Sec. 1, eff. June 18, 1999.
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Last accessed
Aug. 13, 2020