Tex. Codes » Water Code · TITLE 4. GENERAL LAW DISTRICTS · CHAPTER 49. PROVISIONS APPLICABLE TO ALL DISTRICTS
Texas Codes

Tex. Water Code § 49.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 49.001. DEFINITIONS. (a) As used in this chapter:

(1) "District" means any district or authority created by authority of either Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, regardless of how created. The term "district" shall not include any navigation district or port authority created under general or special law, any conservation and reclamation district created pursuant to Chapter 62, Acts of the 52nd Legislature, 1951 (Article 8280-141, Vernon's Texas Civil Statutes), or any conservation and reclamation district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that this chapter applies to that district.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Board" means the governing body of a district.

(4) "Executive director" means the executive director of the commission.

(5) "Water supply corporation" means a nonprofit water supply or sewer service corporation created or operating under Chapter 67.

(6) "Director" means either a supervisor or director appointed or elected to the board.

(7) "Municipal solid waste" has the same meaning assigned by Section 361.003, Health and Safety Code.

(8) "Special water authority" means a river authority as that term is defined in Section 30.003, or a district created by a special Act of the legislature that:

(A) is a provider of water or wastewater service to two or more municipalities; and

(B) is governed by a board of directors appointed or designated in whole or in part by the governor, the Texas Water Development Board, or municipalities within its service area.

(9) "Potable water" means water that has been treated for public drinking water supply purposes.

(10) "District facility" means tangible real and personal property of the district, including any plant, equipment, means, recreational facility as defined by Section 49.462, or instrumentality owned, leased, operated, used, controlled, furnished, or supplied for, by, or in connection with the business or operations of a district. The term specifically includes a reservoir or easement of a district.

(b) These definitions are for use in this chapter only and have no effect on any other statute or code unless specifically referenced by that statute or code.

Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.66, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1354, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 343, Sec. 1.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 986 (S.B. 766), Sec. 94, eff. September 1, 2025.

Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 2007–2024 · leading case: Boyer, Inc. v. Trinity River Auth. of Texas, 279 S.W.3d 354 (Tex. App. 2009).
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Boyer, Inc. v. Trinity River Auth. of Texas, 279 S.W.3d 354 (Tex. App. 2009). · cites it 2× “See Tex. Water Code Ann. § 49.001 (a)(1) (Vernon Supp.”
Clear Lake City Water Auth. v. Friendswood Dev. Co., Ltd., 256 S.W.3d 735 (Tex. App. 2008). “See Tex. WateR Code Ann. §§ 49.001 (a)(1), 49.”
Bexar Metro. Water Dist. v. Educ. & Econ. Dev. Jt. Venture, 220 S.W.3d 25 (Tex. App. 2007). “See Tex. Water Code Ann. § 49.001 (a)(1) (Vernon Supp.”
Kansas City S. v. Port of Corpus Christi Auth., 305 S.W.3d 296 (Tex. App. 2009). “” Tex. Water Code Ann. § 49.001 (a) (Vernon 2008).”
Tarrant Reg'l Water Dist. v. Monty Bennett, 453 S.W.3d 51 (Tex. App. 2014). “XVI, § 59; Tex. Water Code Ann. §§ 49.001 -.512 (West 2008 & Supp.”
Sw. Bell Tel., L.P. v. Emmett, 401 S.W.3d 826 (Tex. App. 2013). “See Tex. Water Code § 49.001(a)(1) (Vernon 2008).”
Integ Corp. & Godfrey Garza Jr. v. Hidalgo Cnty. Drainage Dist. No. 1 (Tex. App. 2019). “See TEX. W ATER CODE ANN. §§ 49.001, 49.051, 49.”
Luce Bayou Pub. Util. Dist. v. William Jamie Kilpatrick (Tex. App. 2022). “XVI, § 59; Tex. Water Code Ann. §§ 49.001 , et seq., 54.”
Untitled Texas Attorney Gen. Opinion: KP-0468 (Tex. Att'y Gen. 2024). “TEX. WATER CODE § 49.001(a)(2) (defining “[c]ommission” to mean the Texas Natural Resource Conservation Commission); see Act of May 28, 2001, 77th Leg.”
Hunt Cnty. Appraisal Dist. v. Lake Tawakoni Wind Point Park Corp. (Tex. App. 2024). “a “Commercial Limited Use Permit” (Permit) to “establish, operate, and maintain a recreational land use operation in accordance with the Permitted Use,” which was 1 Sabine qualifies as a district for purposes of the Texas Water Code. See TEX. WATER CODE ANN.”
Miller v. Nw. Harris Cnty. MUD No. 24 (S.D. Tex. 2020). “Tex. Water Code § 49.001(a) (defining “district” to include “any district or authority created by authority of .”
Kansas City S. & the Texas Mexican Ry. Co. v. Port of Corpus Christi Auth. of Nueces Cnty., Texas (Tex. App. 2009). “" Tex. Water Code Ann. § 49.001 (a) (Vernon 2008).”
Show all 18 citing cases →
— Tex. Water Code § 49.001(a) — 1 case
Miller v. Nw. Harris Cnty. MUD No. 24 (S.D. Tex. 2020). “Tex. Water Code § 49.001(a) (defining “district” to include “any district or authority created by authority of .”
— Tex. Water Code § 49.001(a)(1) — 5 cases
Sw. Bell Tel., L.P. v. Emmett, 401 S.W.3d 826 (Tex. App. 2013). “See Tex. Water Code § 49.001(a)(1) (Vernon 2008).”
Hunt Cnty. Appraisal Dist. v. Lake Tawakoni Wind Point Park Corp. (Tex. App. 2024). “a “Commercial Limited Use Permit” (Permit) to “establish, operate, and maintain a recreational land use operation in accordance with the Permitted Use,” which was 1 Sabine qualifies as a district for purposes of the Texas Water Code. See TEX. WATER CODE ANN.”
Sw. Bell Tel., L.P. D/B/A AT & T Texas v. Ed Emmett, El Franco Lee, Sylvia Garcia, Steve Radack & Jerry Eversole, as Members of the Harris Cnty. Commissioners' Court, Michael Marcotte, as Dir. of the City of Houston Dep't of Pub. Works & Eng'g, & the City of Houston (Tex. App. 2013).
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010).
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010).
— Tex. Water Code § 49.001(a)(2) — 1 case
Untitled Texas Attorney Gen. Opinion: KP-0468 (Tex. Att'y Gen. 2024). “TEX. WATER CODE § 49.001(a)(2) (defining “[c]ommission” to mean the Texas Natural Resource Conservation Commission); see Act of May 28, 2001, 77th Leg.”
— Tex. Water Code § 49.001(a)(l) — 1 case
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010).
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