Texas Codes

Tex. Water Code § 49.066 (2026)

Suits

✓ current as of May 2026

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Sec. 49.066. SUITS. (a) A district may sue and be sued in the courts of this state in the name of the district by and through its board. A suit for contract damages may be brought against a district only on a written contract of the district approved by the district's board. All courts shall take judicial notice of the creation of the district and of its boundaries.

(b) Any court in the state rendering judgment for debt against a district may order the board to levy, assess, and collect taxes or assessments to pay the judgment.

(c) The president or the general manager of any district shall be the agent of the district on whom process, notice, or demand required or permitted by law to be served upon the district may be served.

(d) Except as provided in Subsection (e), no suit may be instituted in any court of this state contesting:

(1) the validity of the creation and boundaries of a district created under this code;

(2) any bonds or other obligations created under this code; or

(3) the validity or the authorization of a contract with the United States by the district.

(e) The matters listed in Subsection (d) may be judicially inquired into at any time and determined in any suit brought by the State of Texas through the attorney general. The action shall be brought on good cause shown, except where otherwise provided by other provisions of this code or by the Texas Constitution. It is specifically provided, however, that no such proceeding shall affect the validity of or security for any bonds or other obligations theretofore issued by a district if such bonds or other obligations have been approved by the attorney general as provided by Section 49.184.

(f) A district or water supply corporation shall not be required to give bond for appeal, injunction, or costs in any suit to which it is a party and shall not be required to deposit more than the amount of any award in any eminent domain proceeding.

Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 8, eff. Sept. 1, 1999.

Notes of Decisions

Cited in 29 cases (2 in the last 5 years), 2003–2026 · leading case: Tooke v. City of Mexia, 197 S.W.3d 325 (Tex. 2006).

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Tooke v. City of Mexia, 197 S.W.3d 325 (Tex. 2006). · cites it 5× “Laws 78 , 91 (current version at TEX. WATER CODE § 49.066(a)) (drainage districts).”

Clear Lake City Water Auth. v. Friendswood Dev. Co., Ltd., 256 S.W.3d 735 (Tex. App. 2008). · cites it 8× “See Tex. WateR Code Ann. § 49.066 (Vernon 2000); Tex.”

Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829 (Tex. 2010). · cites it 4× “The Developers argue that both Texas Water Code section 49.066 and Texas Local Government Code section 271.”

Bexar Metro. Water Dist. v. City of Bulverde, 156 S.W.3d 79 (Tex. App. 2005). · cites it 2× “See Tex. Water Code Ann. § 49.066 (West 2000).”

Clear Lake City Water Auth. v. Kirby Lake Dev., Ltd., 123 S.W.3d 735 (Tex. App. 2003). · cites it 2× “1977) (construing Authority’s obligations under a contract); see also Tex. WateR Code § 49.066(a) (“district may sue and be sued in the courts of this state”).”

Save Our Springs All., Inc. v. Lazy Nine Mun. Util. Dist. Ex Rel. Bd. of Directors, 198 S.W.3d 300 (Tex. App. 2006). “” Tex. WateR Code Ann. § 49.066 (d), (e) (Vernon 2000).”

Bexar Metro. Water Dist. v. Educ. & Econ. Dev. Jt. Venture, 220 S.W.3d 25 (Tex. App. 2007). “Laws 8755 , 3760 (amended 1999) (current version at Tex. WateR Code Ann. § 49.066 (a) (Vernon 2000)).”

Clear Lake City Water Auth. v. Friendswood Dev. Co., 344 S.W.3d 514 (Tex. App. 2011). “” Tex. Water Code Ann. § 49.066 (b) (West 2008).”

Boyer, Inc. v. Trinity River Auth. of Texas, 279 S.W.3d 354 (Tex. App. 2009). “We note that although the parties dispute the application of Texas Water Code section 49.066(a) to this case, neither party asserts that this provision waives a river authority’s sovereign immunity.”

Kansas City S. v. Port of Corpus Christi Auth., 305 S.W.3d 296 (Tex. App. 2009). “A suit for contract damages may be brought against a district only on a written contract of the district approved by the district’s board.”

Bexar Metro. Water Dist. v. City of San Antonio Ex Rel. San Antonio Water Sys., 228 S.W.3d 887 (Tex. App. 2007). “” Tex. Water Code Ann. § 49.066 (d) (West 2000).”

Engelman Irrigation Dist. v. Shields Bros., Inc., 519 S.W.3d 642 (Tex. App. 2015). “See Tex. Water Code Ann. § 49.066 (West, Westlaw through 2013 3d C.”

Show all 29 citing cases →

— Tex. Water Code § 49.066(a) — 9 cases

Tooke v. City of Mexia, 197 S.W.3d 325 (Tex. 2006). “Laws 78 , 91 (current version at TEX. WATER CODE § 49.066(a)) (drainage districts).”

Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829 (Tex. 2010). “The Developers argue that both Texas Water Code section 49.066 and Texas Local Government Code section 271.”

Clear Lake City Water Auth. v. Kirby Lake Dev., Ltd., 123 S.W.3d 735 (Tex. App. 2003). “1977) (construing Authority’s obligations under a contract); see also Tex. WateR Code § 49.066(a) (“district may sue and be sued in the courts of this state”).”

Miller v. Nw. Harris Cnty. MUD No. 24 (S.D. Tex. 2020).

— Tex. Water Code § 49.066(b) — 3 cases

Miller v. Nw. Harris Cnty. MUD No. 24 (S.D. Tex. 2020).

Clear Lake City Water Auth. v. Kirby Lake Dev., Ltd., Miter Dev. Co., L.L.C., Taylor Lake, Ltd., & Univ. Dev., Inc. (Tex. App. 2003).

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