Title WA, Water Code

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…

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 s…

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, per…

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…

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…

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 t…

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 t…

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 dutie…

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 o…

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. …

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 t…

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 t…

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 minu…

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…

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 p…

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. …

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.,…

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 th…

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 b…

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 decla…

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 …

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 o…

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 pro…

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 compen…

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, ef…

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.…

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. 63.1045. EXECUTIVE DIRECTOR. (a) The district may employ an executive director of the district. If the district employs an executive director, the district must prescribe the duties and compensation of the executive director. (b) The duties of an executive director may be pe…

Sec. 63.105. ENGINEER. The district may employ a competent engineer whose term of office and compensation shall be determined by the district. Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971. Amended by: Acts 2019, 86th Leg., R.S., Ch. 108 (S.B. 755), Sec. 11, ef…

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 attorne…

Sec. 63.107. DISTRICT EMPLOYEES. (a) The district: (1) may employ assistant engineers and other persons as it considers necessary for the construction, maintenance, operation, and development of the district and its business and facilities; and (2) shall determine their term of o…

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 pa…

Sec. 63.109. PAYMENT OF COMPENSATION AND EXPENSES. The district may draw warrants, issue checks, or use a payment method adopted under Section 60.271 to pay for: (1) services; (2) the compensation of employees; and (3) all expenses incident and relating to the district. Acts 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…

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 …

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 an…

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 c…

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 s…

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.…

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…