Texas Water Code 49.3183 – Application for Exclusion
(a) The owner or owners of urban property in a district and subject to taxation by the district, and on which all amounts due the district under § 49.3182(1) have been paid, may file a written and sworn application with the district to exclude that property from the district.
(b) The application must:
(1) include a sworn acknowledgment by the owner or owners of the property;
(2) describe the property to be excluded by identifying the lot or block number of the subdivision and the name or designation of the subdivision as shown on the recorded plat of the subdivision, or by some other method of identification; and
(3) state that the property is used or intended to be used for the purposes for which it was subdivided and is not used or intended to be used, wholly or partly, for agricultural purposes.
Terms Used In Texas Water Code 49.3183
- Board: means the governing body of a district. See Texas Water Code 49.001
- District: means any district or authority created under Sections Texas Water Code 49.3181
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Urban property: means land that:
(A) has been subdivided into town lots, town lots and blocks, or small parcels of the same general nature as town lots or town lots and blocks and is designed, intended, or suitable for residential or other nonagricultural purposes, as distinguished from farm acreage, and includes streets, alleys, parkways, parks, and railroad property and rights-of-way within that subdivided land; and
(B) is in a subdivision:
(i) that is within the corporate limits or extraterritorial jurisdiction of a municipality that has subdivision approval jurisdiction under Chapter 212, Local Government Code; and
(ii) for which a plat or map has been filed and recorded in the office of the county clerk of the county in which the subdivision or any part of the subdivision is located. See Texas Water Code 49.3181 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A copy of the recorded map or plat of the subdivision must accompany the application and must clearly delineate the part of the subdivision, if less than the whole, to be excluded from the district.
(d) The applicant must also provide the district with evidence satisfactory to, or required by, the board of the applicant’s:
(1) ownership of the property proposed to be excluded; and
(2) right to have the property excluded from the district.