Texas Statutes
Subchapter H. Powers and Duties
Section 49.211. Powers

Sec. 49.211. POWERS. (a) A district shall have the functions, powers, authority, rights, and duties that will permit accomplishment of the purposes for which it was created or the purposes authorized by the constitution, this code, or any other law.
(b) A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, or extend inside and outside its boundaries any and all land, works, improvements, facilities, plants, equipment, and appliances necessary to accomplish the purposes of its creation or the purposes authorized by this code or any other law.
(c) A district that is authorized by law to engage in drainage or flood control activities may adopt:
(1) a master drainage plan, including rules relating to the plan and design criteria for drainage channels, facilities, and flood control improvements;
(2) rules for construction activity to be conducted within the district that:
(A) reasonably relate to providing adequate drainage or flood control; and
(B) use generally accepted engineering criteria; and
(3) reasonable procedures to enforce rules adopted by the district under this subsection.
(d) If a district adopts a master drainage plan under Subsection (c)(1), the district may adopt rules relating to review and approval of proposed drainage plans submitted by property developers. The district, by rule, may require that a property developer who proposes to subdivide land located in the district, and who is otherwise required to obtain approval of the plat of the proposed subdivision from a municipality or county, submit for district approval a drainage report for the subdivision. The drainage report must include a map containing a description of the land to be subdivided. The map must show an accurate representation of:
(1) any existing drainage features, including drainage channels, streams, flood control improvements, and other facilities;
(2) any additional drainage facilities or connections to existing drainage facilities proposed by the property developer's plan for the subdivision; and
(3) any other parts of the property developer's plan for the subdivision that may affect drainage.
(e) The district shall review each drainage report submitted to the district under this section and shall approve a report if it shows compliance with:
(1) the requirements of this section;
(2) the district's master drainage plan adopted under Subsection (c)(1); and
(3) the rules adopted by the district under Subsections (c)(2) and (d).
(f) On or before the 30th day after the date a drainage report is received, the district shall send notice of the district's approval or disapproval of the drainage report to:
(1) the property developer; and
(2) each municipal or county authority with responsibility for approving the plat of the proposed subdivision.
(g) If the district disapproves a drainage report, the district shall include in the notice of disapproval a written statement:
(1) explaining the reasons for the rejection; and
(2) recommending changes, if possible, that would make a revised version of the drainage report acceptable for approval.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 11, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 486, Sec. 1, eff. June 20, 2003.