Texas Water Code 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.
Terms Used In Texas Water Code 62.1071
- Commission: means the navigation and canal commission. See Texas Water Code 62.001
- County of jurisdiction: means the county in which the district or the greater amount of acreage of the district is located. See Texas Water Code 62.001
- District: means a navigation district operating under the provisions of Article XVI, § 59, of the Texas Constitution. See Texas Water Code 62.001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(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 § 62.209.
(g) § 41.001(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.