Texas Codes

Tex. Water Code § 49.184 (2026)

Approval Of Bonds By Attorney General; Registration Of Bonds

✓ current as of May 2026
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Sec. 49.184. APPROVAL OF BONDS BY ATTORNEY GENERAL; REGISTRATION OF BONDS. (a) Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent to the attorney general.

(b) The attorney general shall carefully examine the bonds, with regard to the record and the constitution and laws of this state governing the issuance of bonds, and the attorney general shall officially approve and certify the bonds if he or she finds that they conform to the record and the constitution and laws of this state and are valid and binding obligations of the district.

(c) After the attorney general approves and certifies the bonds, the comptroller shall register them in a book kept for that purpose and shall record the certificate of the attorney general.

(d) After the approval and registration of the bonds by the comptroller, they shall be incontestable in any court or other forum, for any reason, and shall be valid and binding obligations in accordance with their terms for all purposes.

(e) A contract or lease in which the proceeds of the contract or lease are pledged to the payment of a bond may be submitted to the attorney general along with the bond records, and, if submitted, the approval by the attorney general of the bonds shall constitute an approval of the contract or lease and the contract or lease shall be incontestable. A contract or lease, other than a contract or lease in which the proceeds of the contract or lease are pledged to the payment of a bond, may be submitted to the attorney general along with the bond records, and, if reviewed and approved by the attorney general, the approval of the bonds shall constitute an approval of the contract or lease and the contract or lease shall be incontestable.

(f) In any proceeding concerning the validity of the creation of a district or the annexation of property by a district, a certificate of ownership as certified by the central appraisal district of the county or counties in which the property is located creates a presumption of ownership, and additional proof of ownership is not required unless there is substantial evidence in the official deed records of the county in which the property is located to rebut the presumption. On request by a district, the central appraisal district of the county or counties in which the district is located shall furnish certificates of ownership and may charge reasonable fees to recover the actual costs incurred in preparing the certificates.

Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 11, eff. June 17, 2001.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 352 (H.B. 1946), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2008–2024 · leading case: Clear Lake City Water Auth. v. Friendswood Dev. Co., Ltd., 256 S.W.3d 735 (Tex. App. 2008).
Clear Lake City Water Auth. v. Friendswood Dev. Co., Ltd., 256 S.W.3d 735 (Tex. App. 2008). “See Tex. Water Code Ann. § 49.184 (Vernon Supp.”
Cities Conroe v. Paxton (In re City of Conroe), 559 S.W.3d 656 (Tex. App. 2018). · cites it 2× “"); Tex. Water Code § 49.184(a) -(b) ("Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to the organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent…”
Quadvest, L.P. & Woodland Oaks Util., L.P. v. San Jacinto River Auth. (Tex. App. 2024). · cites it 7× “059 (Validity and Incontestability); Tex. Water Code Ann. § 49.184 (c) 4 define the meaning of the word incontestable.”
Randal A. Hendricks, Tr. v. Texas Comm'n on Env't Quality & Harris Cnty. Fresh Water Supply Dist. No. 61 (Tex. App. 2011). · cites it 2× “184 (West 2008) ("[b]efore bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent to the attorney…”
Randal A. Hendricks, Tr. v. Texas Comm'n on Env't Quality & Harris Cnty. Fresh Water Supply Dist. No. 61 (Tex. App. 2011). · cites it 2× “See Tex. Water Code Ann. § 49.184 (West 2008) (“[b]efore bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to organization of the district for first bond issues and issuance of the bonds and other relevant information shall…”
City of Conroe, Texas City of Magnolia, Texas & City of Splendora, Texas v. San Jacinto River Auth. & Ken Paxton, Attorney Gen. of Texas (Tex. 2020). “059; TEX. WATER CODE § 49.184. 3 certain procedures and be the lowest that are: (1) consistent with good management practices by SJRA; (2) necessary and proper to meet certain GRP financial needs, including bond-debt repayment; (3) consistent with SJRA’s statutory and…”
Clear Lake City Water Auth. v. MCR Corp. (Tex. App. 2010). “See Tex. Water Code Ann. § 49.184 (Vernon Supp.”
— Tex. Water Code § 49.184(a) — 1 case
Cities Conroe v. Paxton (In re City of Conroe), 559 S.W.3d 656 (Tex. App. 2018). “"); Tex. Water Code § 49.184(a) -(b) ("Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to the organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent…”
— Tex. Water Code § 49.184(d) — 1 case
Cities Conroe v. Paxton (In re City of Conroe), 559 S.W.3d 656 (Tex. App. 2018). “"); Tex. Water Code § 49.184(a) -(b) ("Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to the organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent…”
— Tex. Water Code § 49.184(e) — 1 case
Quadvest, L.P. & Woodland Oaks Util., L.P. v. San Jacinto River Auth. (Tex. App. 2024). “059 (Validity and Incontestability); Tex. Water Code Ann. § 49.184 (c) 4 define the meaning of the word incontestable.”
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