Sec. 51.439. LIMITATION OF AUTHORITY TO INCUR DEBT AND ISSUE BONDS. (a) For the benefit of purchasers or holders of bonds to be issued or sold, the board of a district operating under the provisions of Article XVI, Section 59, of the Texas Constitution, may limit the authority of the district to incur debt or issue bonds.
(b) The board shall limit the authority by adopting a resolution which states that during a period of not more than 15 years the district will not issue bonds in an amount of more than 25 percent of the assessed value of taxable real property in the district according to the last assessment for district purposes or in an amount of more than a fixed sum or for certain named purposes.
(c) The board shall publish notice of the adoption of the resolution once a week for two consecutive weeks in a newspaper with general circulation in the district. The notice shall state that the resolution will take effect unless a petition against the proposed limitation signed by 20 percent of the electors of the district is presented within 20 days after the first publication of the notice.
(d) If a petition is filed against the limitation, the resolution will not take effect until it is approved at an election held in the district.
(e) The ballots for the election shall be printed to provide for voting for or against: "The limitation during the term of ______ years of the maximum debt of the district to ______." (The blank spaces shall be filled with the purpose of the election.)
(f) If the limitation is approved at an election or if no petition is filed against the resolution, the district may not issue bonds under any statute or constitutional provision in excess of the limitation during the designated term of years except to complete and make repairs to improvements whose cost will be within the debt limitation.
Acts 1971, 62nd Leg., p. 344, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 51 - Water Control and Improvement Districts
Subchapter K. Issuance of Bonds
Section 51.403. Amount of Debt Limited by Constitution
Section 51.404. Issuance of Preliminary Bonds
Section 51.405. Election on Preliminary Bonds
Section 51.406. Conditions of Preliminary Bonds
Section 51.407. Tax to Pay Preliminary Bonds
Section 51.408. Issuance of Bonds
Section 51.410. Engineer's Report
Section 51.411. Election Order
Section 51.414. Vote at Election
Section 51.415. Order to Issue Bonds or Execute Contract
Section 51.419. Conditions of Bonds
Section 51.423. Validation Suit
Section 51.424. Effect of Prior Registration
Section 51.425. Procedure in Validation Suit
Section 51.426. Notice of Validation Suit
Section 51.427. Duties of Attorney General in Validation Suit
Section 51.428. Judgment in Validation Suit
Section 51.429. Effect of Validation Suit
Section 51.430. Certified Copy of Decree
Section 51.431. Registration of Bonds and Decree
Section 51.436. Interest and Sinking Fund
Section 51.437. Investment of Sinking Fund
Section 51.438. Refunding Bonds
Section 51.439. Limitation of Authority to Incur Debt and Issue Bonds
Section 51.440. Issuing Bonds in Excess of Limitation
Section 51.441. Modifications of Improvements
Section 51.444. Limitations on Interim Bonds
Section 51.445. Issuance of Bonds and Levy of Tax
Section 51.446. Deposit of Bonds to Secure Interim Bonds
Section 51.447. Procedure for Issuance and Sale of Interim Bonds
Section 51.448. Payment of Interim Bonds
Section 51.449. Redemption of Interim Bonds
Section 51.450. Alternate Methods for Paying Bonds
Section 51.451. Taxes to Secure Certain Bonds
Section 51.453. Hearing and Election on Certain Bonds