CHAPTER 7501.  DONNA IRRIGATION DISTRICT, HIDALGO COUNTY NO. 1

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 7501.001.  DEFINITION.  In this chapter, "district" means the Donna Irrigation District, Hidalgo County No. 1.  (New.)

Revisor's Note

The definition of "district" is added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definition.

Revised Law

Sec. 7501.002.  NATURE OF DISTRICT.  (a)  The district is a conservation and reclamation district in Hidalgo County, Texas, created under Section 59, Article XVI, Texas Constitution, for all purposes of that section, including:

     (1)  the reclamation and irrigation of the district's arid, semiarid, and other land that needs irrigation; and

     (2)  the reclamation and drainage of the district's overflowed land and other land that needs drainage.

(b)  The district is a political subdivision of this state.  (Acts 41st Leg., 4th C.S., Ch. 26, S.L., Secs. 1 (part), 10 (part); Acts 57th Leg., R.S., Ch. 133, Sec. 1 (part); Acts 57th Leg., R.S., Ch. 247, Sec. 1 (part).)

Source Law

[Acts 41st Leg., 4th C.S., Ch. 26, S.L.]

Sec. 1.  Donna Irrigation District, Hidalgo County No. 1, in Hidalgo County, Texas, is hereby created and established as a Conservation and Reclamation District under authority of Section 59, of Article 16, of the Constitution of the State of Texas, for the purpose of the reclamation and irrigation of its arid, semi-arid, and other lands needing irrigation, reclamation and drainage of its overflowed lands, and other lands needing drainage, and all other purposes as contemplated by Section 59, of Article 16, of the Constitution of this State, and said District shall be a governmental agency and a body politic … .

Sec. 10.  … same to be a governmental agency and body politic and corporate … .

[Acts 57th Leg., R.S., Ch. 133]

Sec. 1.  … Donna Irrigation District Hidalgo County No. 1, a governmental agency and conservation and reclamation district, created and existing as a public subdivision of the State pursuant to Article 16, Section 59(b) of the Constitution of the State of Texas, … .

[Acts 57th Leg., R.S., Ch. 247]

Sec. 1.  … Donna Irrigation District Hidalgo County No. 1, a governmental agency and conservation and reclamation district, created and existing as a public subdivision of the State, pursuant to Article 16, Section 59(b) of the Constitution of the State of Texas, … .

Revisor's Note

(1)  Section 1, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, provides that the Donna Irrigation District, Hidalgo County No. 1, "is hereby created and established."  The revised law omits the quoted language as executed.

(2)  Section 1, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, provides that the Donna Irrigation District, Hidalgo County No. 1, is "a Conservation and Reclamation District" and a "governmental agency and a body politic."  Section 10 of that act provides that the district is a "governmental agency and body politic and corporate."  Section 1, Chapter 133, Acts of the 57th Legislature, Regular Session, 1961, provides that the district is "a governmental agency and conservation and reclamation district."  Section 1, Chapter 247, Acts of the 57th Legislature, Regular Session, 1961, provides that the district is "a governmental agency and conservation and reclamation district."  The revised law omits the references to "governmental agency" and "body politic and corporate" because they duplicate a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.

(3)  Section 1, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, provides that the Donna Irrigation District, Hidalgo County No. 1, is created under Section 59, Article XVI, Texas Constitution.  Section 1, Chapter 133, and Section 1, Chapter 247, Acts of the 57th Legislature, Regular Session, 1961, provide that the district is created under Section 59(b), Article XVI, Texas Constitution.  The revised law refers to Section 59 rather than Section 59(b) because that is the more inclusive cross-reference.

(4)  Section 1, Chapter 133, and Section 1, Chapter 247, Acts of the 57th Legislature, Regular Session, 1961, provide that the Donna Irrigation District, Hidalgo County No. 1, is a "public subdivision of the State."  The revised law substitutes "political subdivision" for "public subdivision" because, in the context of this section, "political subdivision" and "public subdivision" are synonymous and "political subdivision" is more commonly used.

Revised Law

Sec. 7501.003.  LEGISLATIVE FINDINGS.  The legislature finds that:

     (1)  the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and

     (2)  the creation of the district as a conservation and reclamation district:

          (A)  will result in:

              (i)  material benefits and improvements to district territory; and

              (ii)  the increase of the taxable value of property in the district;

          (B)  benefits all property in the district; and

          (C)  will result in material benefit to that section of the state.  (Acts 41st Leg., 4th C.S., Ch. 26, S.L., Secs. 1 (part), 10 (part), 12 (part).)

Source Law

Sec. 1.  … It is hereby declared and determined that all property within the boundaries of said District as herein set forth is benefited by the creation of said District, and that no property not benefited is included within such boundaries, and … .

Sec. 10.  The Legislature hereby exercises the authority upon it conferred by Section 59, of Article 16, of the Constitution of Texas, and declares that said Conservation and Reclamation District as above described is essential to the accomplishment of the purposes of said Constitutional provisions and … .

Sec. 12.  The fact that the creation of said Donna Irrigation District, Hidalgo County No. 1 as a Conservation and Reclamation District will result in material benefits and improvements to the territory included therein and in the increase of taxable values of property therein, and that no territory is included within said District that is not to be benefited and that the creation of said District will result in material benefit to that section of the State … .

Revised Law

Sec. 7501.004.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 1, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930; Section 1, Chapter 108, Acts of the 56th Legislature, Regular Session, 1959; Section 1, Chapter 133, Acts of the 57th Legislature, Regular Session, 1961; and Section 1, Chapter 247, Acts of the 57th Legislature, Regular Session, 1961, as that territory may have been modified under:

     (1)  Chapter 25, General Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article 7880-1 et seq., Vernon's Texas Civil Statutes), before August 30, 1971;

     (2)  Chapter 3, General Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article 7775c-1, Vernon's Texas Civil Statutes), before August 30, 1971;

     (3)  Subchapter O, Chapter 51, Water Code, before December 15, 1978;

     (4)  Subchapter J, Chapter 49, Water Code, as restricted by Section 7501.005 of this code;

     (5)  Subchapter N, Chapter 58, Water Code; or

     (6)  other law.  (New.)

Revisor's Note

The revision of the law governing the Donna Irrigation District, Hidalgo County No. 1, does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description and because that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law adds references to the statutory descriptions of the district's territory.  The revised law also includes references to authority to change the district's territory under general law.  When the board of directors of the district converted the district from a water improvement district to a water control and improvement district on May 10, 1926, this authority was located in Chapter 25, General Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article 7880-1 et seq., Vernon's Texas Civil Statutes). Additional authority to change the district's territory was provided by Chapter 3, General Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article 7775c-1, Vernon's Texas Civil Statutes).  Chapter 58, Acts of the 62nd Legislature, Regular Session, 1971, codified those provisions in Subchapter O, Chapter 51, Water Code.  The board of directors of the district converted the district to an irrigation district on December 15, 1978.  Chapter 49, Water Code, applies to the district under Sections 49.001(a) and 49.002 of that chapter.  Subchapter J of that chapter governs annexation of land to or exclusion of land from districts covered by that chapter.  However, under Section 7501.005 of this code, Sections 49.303-49.308, Water Code, which constitute a portion of Subchapter J of Chapter 49, do not apply to the district.  In addition, Subchapter N, Chapter 58, Water Code, governs adding territory to and excluding territory from irrigation districts.  The revised law also includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Although the board of directors of the district converted the district from a water improvement district to a water control and improvement district on May 10, 1926, the revised law does not include a reference to the general law governing water improvement districts because Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, which validated the creation of the district and the conversion of the district to a water control and improvement district, set out the boundaries of the district as of the effective date of that act.  That act therefore superseded any changes to the boundaries of the district that may have been made by the board of directors under the general law governing water improvement districts before the conversion.

Revised Law

Sec. 7501.005.  NONAPPLICABILITY OF OTHER LAW.  Sections 49.303-49.308 and 58.501-58.509, Water Code, do not apply to the district.  (Acts 41st Leg., 4th C.S., Ch. 26, S.L., Sec. 1 (part).)

Source Law

Sec. 1.  … it is expressly declared that the provisions of Section 8 and Section 9 of Chapter 280, Acts of the Forty-first Legislature, Regular Session, shall not apply to this District.

Revisor's Note

Section 1, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, refers to Sections 8 and 9, Chapter 280, Acts of the 41st Legislature, Regular Session, 1929. Section 8 of Chapter 280 reenacted and amended Section 76, Chapter 25, General Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article 7880-76, Vernon's Texas Civil Statutes).  That article was codified in 1971 as Sections 51.691-51.701, Water Code. In 1995 those sections were recodified as Sections 49.303-49.308, Water Code.  The revised law is drafted accordingly.  Section 9 of Chapter 280 amended Chapter 25, General Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article 7880-1 et seq., Vernon's Texas Civil Statutes), by adding Section 77a (Article 7880-77a, Vernon's Texas Civil Statutes).  That article was codified in 1971 as Sections 51.501-51.509, Water Code.  Those sections are part of Chapter 51, Water Code, which governs water control and improvement districts.  On December 15, 1978, the board of directors of the district converted the district from a water control and improvement district to an irrigation district. Irrigation districts are governed by Chapter 58, Water Code. Sections 58.501-58.509, Water Code, are analogous to Sections 51.501-51.509 of that code.  Accordingly, the revised law substitutes a reference to Sections 58.501-58.509, Water Code.

[Sections 7501.006-7501.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT POWERS

Revised Law

Sec. 7501.051.  GENERAL POWERS.  The district has:

     (1)  the powers of a conservation and reclamation district under Section 59, Article XVI, Texas Constitution, and the general laws of this state; and

     (2)  the powers of government and the authority to exercise the rights, privileges, and functions that are conferred by this chapter and the general laws of this state.  (Acts 41st Leg., 4th C.S., Ch. 26, S.L., Secs. 1 (part), 10 (part).)

Source Law

Sec. 1.  Donna Irrigation District, Hidalgo County No. 1, … is [hereby created and established as] a Conservation and Reclamation District under authority of Section 59, of Article 16, of the Constitution of the State of Texas … with all powers granted to such Conservation Districts in the Constitution and in the General Laws of the State of Texas… .

Sec. 10.  [The Legislature hereby exercises the authority upon it conferred by] Section 59, of Article 16, of the Constitution of Texas, [and declares that] said Conservation and Reclamation District as above described … with such powers of government and with the authority to exercise such rights, privileges and functions as are conferred in this Act, the General Laws referred to above, and all amendments thereto; … .

Revisor's Note

(1)  Section 10, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, refers to "this Act, the General Laws referred to above, and all amendments thereto."  The reference to amendments is omitted from the revised law as unnecessary because Section 311.027, Government Code (Code Construction Act), applicable to this revision, states that a reference to a statute includes reenactments, revisions, or amendments of that statute.

(2)  Section 5, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, provides that the district has the rights, powers, and privileges of a water control and improvement district organized under the general laws of this state providing for the creation and government of water control and improvement districts created under authority of Section 59, Article XVI, Texas Constitution.  Water control and improvement districts are governed by Chapter 51, Water Code.  On December 15, 1978, the board of directors of the district converted the district from a water control and improvement district to an irrigation district.  Irrigation districts are governed by Chapter 58, Water Code.  Accordingly, the revised law omits Section 5 because the district is no longer a water control and improvement district governed by the general laws applicable to such districts.  It is unnecessary to codify the references to general or particular powers of the district contained in Section 5 because the district, as a water control and improvement district, had those powers under Chapter 51, Water Code, and, as an irrigation district, has those powers under Chapter 58, Water Code.  The omitted law reads:

Sec. 5.  The said Donna Irrigation District, Hidalgo County No. 1, shall have and exercise, and is hereby vested with all the rights, powers and privileges of a Water Control and Improvement District organized under the provisions of and conferred by the General Laws of this State now in force or to be hereinafter enacted, providing for the creation and government of Water Control and Improvement Districts created under authority of Section 59 of Article 16 of the Constitution, and known as Conservation and Reclamation Districts, including the right and power to levy taxes and issue bonds of said District to the extent, for the purposes, and subject to the provisions and conditions under which said powers may be exercised under the General Laws of this State by Water Control and Improvement Districts not otherwise provided herein.

Revisor's Note

(End of Chapter)

(1)  The revised law omits as executed Sections 2, 3, 6, 7, 8, and 9 and part of Section 10, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, which validate the action of the commissioners court of Hidalgo County, Texas, in creating the district and validate the actions of the board of directors of the district in modifying the boundaries of the district to include additional territory, converting the district to a water control and improvement district under Section 59, Article XVI, Texas Constitution, issuing bonds, and levying taxes in payment of the bonds and which authorize or direct the board of directors of the district to levy taxes in an amount sufficient to pay those bonds.  Section 311.031(a)(2), Government Code (Code Construction Act), applicable to the revised law, provides that the repeal of a statute does not affect any validation previously made under the statute.  Furthermore, the bonds the issuance of which was validated by those sections have been paid.  The omitted law reads:

Sec. 2.  That the original organization and establishment of Donna Irrigation District, Hidalgo County No. 1, in Hidalgo County, Texas, by the Commissioners' Court of said County is hereby approved, ratified and confirmed, and the power and authority of said Commissioners' Court to create said District for the purpose of irrigating the arid, semi-arid, and other lands within said territory needing irrigation and of the drainage of its overflowed lands, and other lands needing drainage, under the provisions of Article 3, Section 52, of the Constitution of Texas, is hereby expressly approved, ratified and confirmed and the action of the Board of Directors of said District in from time to time taking in other lands or such other lands being included within the territory described in Section 1 herein is hereby expressly approved, ratified and confirmed.

Sec. 3.  The order of the Board of Directors of said Donna Irrigation District, Hidalgo County No. 1, made on the 10th day of May, 1926, converting said District into a Conservation and Reclamation District under Section 59, of Article 16, of the Constitution of the State of Texas, is hereby expressly approved, ratified and confirmed.

Sec. 6.  That all bonds heretofore issued by said Donna Irrigation District, Hidalgo County No. 1, and now outstanding are hereby validated, confirmed and legalized and the levy and assessment of taxes in payment thereof are legalized, and said taxes in an amount sufficient to pay the principal of and interest on said outstanding bonds shall be levied and assessed annually by the Board of Directors of said District and the power to levy such annual general ad valorem taxes is hereby expressly delegated to said Board of Directors.

Sec. 7.  That the order passed by the Board of Directors of Donna Irrigation District, Hidalgo County No. 1, on the 12th day of November, 1929, wherein an election was ordered to be held in said District on the 17th day of December, 1929, for the purpose of determining whether or not the qualified property taxpaying voters of said District desire to authorize the issuance of bonds on the faith and credit of said District in the amount of $1,700,000.00, is hereby validated, approved and legalized, and the notice of said election, the returns thereof, the order of said Board of Directors canvassing said returns, and the order passed by said Board of Directors on the 30th day of January, 1930, authorizing the issuance of such bonds to be dated the 10th day of February, 1930, and to become due and payable serially within forty (40) years from their date, are hereby expressly ratified, approved and confirmed, and the power to levy annual general ad valorem taxes sufficient to pay the interest on said bonds and create a sinking fund sufficient to pay the principal thereof as it becomes due, is hereby expressly delegated to said Board of Directors.

Sec. 8.  That ad valorem taxes sufficient to pay the principal of and interest upon said bonds, as well as for the maintenance and operation and other taxes and charges heretofore levied upon the taxable property in said District, both before and after its conversion as aforesaid, on the assessed value of said taxable property determined by the Board of Equalization of said District are hereby in all respects legalized and validated; that the action of the Boards of Equalization and the action of the Board of Directors of said District both before and after its conversion, in preparing the tax rolls of the District are hereby ratified, legalized and validated; that the values placed upon said property for the purposes of taxation by said district, both before and after its conversion, and the taxes collected thereon and levied against the property within said District are hereby found and fixed as proper amounts and are constituted the basis for such taxation and the assessment and levy of such taxes for the year 1929 and all previous years are hereby legalized, and said taxes in an amount sufficient to pay the principal on and interest of the outstanding bonds, as well as the bonds authorized by order of said Board of Directors on the 30th day of January, 1930, shall be annually levied and assessed by the Board of Directors of said District calculated upon the values of taxable property in said District as fixed by the Board of Equalization, and the power to levy such general ad valorem taxes is hereby expressly delegated to said Board of Directors.

Sec. 9.  That the orders of the Commissioners' Court of Hidalgo County with reference to the creation of said District, the orders of the Board of Directors of said District above cited, including the conversion of said District, the authorization, issuance and sale of said bonds and the levying and assessing of said taxes as the same appear upon the records of said Court or said Board, or copies thereof duly certified, are hereby constituted legal evidence of such orders and shall be the authority for said Board to annually levy, assess and collect taxes as hereinabove provided.

Sec. 10.  [The Legislature … declares] … that it is and has been legal and valid from the date it was created by the Commissioners' Court of Hidalgo County, Texas; that it has been a legal and valid Water Control and Improvement District since its conversion on May 10, 1926, and confirms and ratifies said proceedings of said Court and of said Board of Directors in respect of the creation of the District and authorizing the issuance of said bonds, the levy of taxes to pay the principal thereof and the interest thereon with like effect as though at the time or times said acts and proceedings were done and had there existed statutory authority for the doing thereof.

(2)  Section 4, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, provides that the management and control of the district is vested in a board of five directors. On December 15, 1978, the board of directors of the district converted the district from a water control and improvement district to an irrigation district.  Irrigation districts are governed by Chapter 58, Water Code.  Section 58.071, Water Code, provides that the governing body of an irrigation district is a board consisting of five directors.  It is unnecessary to repeat that provision in this chapter.  The omitted law reads:

Sec. 4.  The management and control of the said Donna Irrigation District, Hidalgo County No. 1, is hereby vested in a Board of Directors, which Board shall be composed of five persons … .

(3)  Section 4, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, provides that directors must possess the same qualifications as and have the same powers and authority as directors of a water control and improvement district organized under Chapter 25, General Laws, Acts of the 39th Legislature, Regular Session, 1925 (Article 7880-1 et seq., Vernon's Texas Civil Statutes).  That statute was codified in 1971 as Chapter 51, Water Code.  On December 15, 1978, the board of directors of the district converted the district from a water control and improvement district to an irrigation district.  Irrigation districts are governed by Chapter 58, Water Code, and that chapter prescribes the qualifications, powers, and authority of the district's directors.  Because the district is no longer a water control and improvement district subject to the general law governing such districts and because Chapter 58, Water Code, prescribes parallel provisions, the revised law omits the relevant portion of Section 4.  The omitted law reads:

Sec. 4.  … who shall possess the same qualifications and who shall have the same powers and authority conferred upon the Boards of Directors of Water Control and Improvement Districts organized under the provisions of Chapter 25 of the General Laws of the 39th Legislature of the State of Texas. …

(4)  Section 4, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, requires the directors of the district to discharge their duties during 1930 and until their successors are elected and have qualified.  The revised law omits the relevant portion of Section 4 because it is executed.  The omitted law reads:

Sec. 4.  …  The five Directors of said District now in office shall discharge the duties of Directors of said District during the year 1930 and until their successors are elected and have qualified in the manner and in the time provided by said Chapter.

(5)  Section 11, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930, states that the constitutional notice requirements for local and special laws have been met.  The revised law omits the section as executed.  The omitted law reads:

Sec. 11.  Proof of publication of the Constitutional notice required in the enactment of local and special laws has been made in the manner and form provided by law.

(6)  Section 12, Chapter 26, Special Laws, Acts of the 41st Legislature, 4th Called Session, 1930; Section 4, Chapter 108, Acts of the 56th Legislature, Regular Session, 1959; Section 2, Chapter 133, Acts of the 57th Legislature, Regular Session, 1961; and Section 3, Chapter 247, Acts of the 57th Legislature, Regular Session, 1961, provide for the suspension of a constitutional rule requiring bills to be read on three several days and provide for immediate effect.  The revised law omits those provisions as executed.  The omitted law reads:

[Acts 41st Leg., 4th C.S., Ch. 26, S.L.]

Sec. 12.  … creates an emergency and an imperative public necessity requiring the suspension of the Constitutional Rule requiring bills to be read on three several days, and such Rule is hereby suspended, and that this Act take effect from and after its passage, and it is so enacted.

[Acts 56th Leg., R.S., Ch. 108]

Sec. 4.  The inclusion in said District of the lands comprising said City of Donna which is urban territory renders it impossible for the District to obtain an urgently needed loan of funds under the Federal Small Reclamation Projects Act for the rehabilitation of the District's worn out irrigation system, without placing an undue and unjust tax burden and lien on property within said City, now a part of said District, creates an emergency and imperative public necessity that the Constitutional Rule requiring bills to be read on three several days in each House be suspended; and the same is hereby suspended; and this Act shall take effect and be in force from and after its passage; and it is so enacted.

[Acts 57th Leg., R.S., Ch. 133]

Sec. 2.  Because said parcel of land has heretofore lain outside the territorial limits of said District, the District has been prevented from holding its elections in its said buildings located thereon, by that provision of law requiring all District elections to be held within the territorial limits of such District, which fact causes expense and great inconvenience, and creates an emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three several days in each House be suspended, and the same is hereby suspended, and this Act shall take effect and be in force from and after its passage, and it is so enacted.

[Acts 57th Leg., R.S., Ch. 247]

Sec. 3.  Because said land has now been subdivided into small residential lots and will not hereafter require irrigation water from said District, but the same cannot be removed from the District's flat rate assessment rolls except and unless said land be removed and excluded from said District, such fact creates an emergency and imperative public necessity that the Constitutional Rule requiring bills to be read on three several days in each House be suspended, and the same is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

(7)  Section 2, Chapter 108, Acts of the 56th Legislature, Regular Session, 1959, and Section 2, Chapter 247, Acts of the 57th Legislature, Regular Session, 1961, provide for the continued taxation by the district of certain parcels of land excluded from the district until the retirement of certain bonds and of certain debt owed to the United States.  The revised law omits those provisions as executed because the bonds and the debt owed to the United States have been paid.  The omitted law reads:

[Acts 56th Leg., R.S., Ch. 108]

Sec. 2.  The property now comprising said City of Donna, which is hereby detached and excluded from said District, shall not be released from payment of annual ad valorem taxes to be levied, assessed and collected for the payment of its proportionate share of the presently outstanding bonded indebtedness of said District, but said District shall continue to levy, assess and collect ad valorem taxes annually on such excluded property at the same rate as is levied on other property remaining in said District, until such taxes so collected shall equal the share of such bonded indebtedness chargeable to said excluded property at the time of its exclusion hereunder.  The taxes so collected shall be charged only with the cost of levying and collecting same, and the net balance shall be applied exclusively to the payment of said property's proportionate share of said indebtedness.  After such proportionate share of said indebtedness has been paid, said District shall levy, assess and collect no further taxes on property within said City, whatsoever, and property in the City of Donna shall thereafter not be liable for any obligations of the District thereafter issued or voted.  Nothing herein shall be construed or have effect to prevent the owner of any of such excluded property from paying in full, at any time, the proportionate share of said indebtedness, including principal and interest, chargeable against his particular property so excluded.

[Acts 57th Leg., R.S., Ch. 247]

Sec. 2.  Said parcel of land which is hereby removed and excluded from said District shall not be released from the payment of its proportionate share of the presently outstanding bonded indebtedness of said District, or of its proportionate share of the indebtedness due or to become due to the United States under that certain repayment contract between said District and the United States, No. 14-06-500-404, dated October 13, 1959, but said District shall continue to levy, assess and collect ad valorem taxes annually on such excluded land at the same rate as is levied, assessed and collected on other land remaining in said District, until such taxes so collected shall equal the share of such presently outstanding bonded indebtedness and such contract indebtedness due or to become due to the United States, chargeable to said excluded land.  The taxes so collected shall be charged only with the cost of levying and collecting the same, and the net balance shall be applied exclusively to the payment of said land's proportionate share of all of said indebtedness.  After such proportionate share of all of said indebtedness has been fully paid, said District shall levy and collect no further taxes whatsoever on said land, and said land shall thereafter not be liable for any obligations of said District voted or issued.

(8)  Section 3, Chapter 108, Acts of the 56th Legislature, Regular Session, 1959, requires the board of directors of the district to hold an election within 30 days on the question of whether the city of Donna should be excluded from the district.  The election was held, and the voters approved the exclusion of the city from the district.  The revised law omits Section 3 as executed.  The omitted law reads:

Sec. 3.  It shall be the duty of the Board of Directors of said District, within thirty (30) days after the passage of this Act, to order an election, publish notice thereof, and cause the same to be held in and for said District, in the manner prescribed by law for District elections, for the purpose of submitting to the qualified voters of said District the question whether or not the provisions of this Act shall be accepted and become operative in and for said District.  Said Board of Directors shall cause to be prepared for use in said election, official ballots on which shall be printed the two (2) propositions to be voted upon, as follows:

"FOR Excluding City of Donna".

"AGAINST Excluding City of Donna."

Such Ballots shall have printed thereon also the following instruction to voters: Scratch or mark out one statement, so that the one remaining shall indicate the way you wish to vote.  If upon the canvass of the returns of said election by said Board of Directors it appears that a majority of the votes cast favors excluding the City of Donna from said District, then said Board shall so declare, and the provisions of this Act shall be deemed accepted and operative from and after the date of the canvass; and if a majority of the votes cast shall be against excluding said City of Donna from said District, then said Board shall so declare, and the provisions of this Act shall be deemed rejected and of no operative effect.

(9)  Section 3a, Chapter 108, Acts of the 56th Legislature, Regular Session, 1959, provides that the act may not be construed to abridge or impair any existing property rights.  The revised law omits this provision as unnecessary because it duplicates in substance Section 10, Article I, United States Constitution, prohibiting a state from passing a law impairing the obligation of contracts; Section 16, Article I, Texas Constitution, prohibiting any retroactive law or law impairing the obligation of contracts; the Fourteenth Amendment to the United States Constitution, prohibiting a state from depriving a person of property without due process of law; and Section 19, Article I, Texas Constitution, prohibiting a citizen of this state from being deprived of property except by the due course of the law of the land.  The policy of the legislative council's statutory revision program is to omit from the revised codes the duplicating statutory provisions because a statute that tracks the language of the constitution not only is superfluous but may foster the erroneous belief that a constitutional requirement is merely statutory and subject to amendment through the ordinary legislative process.  The omitted law reads:

Sec. 3a.  Nothing in this Act shall be held or construed to abridge or impair any existing property rights.