Texas Water Code 49.3075 – Exclusion for Failure to Provide Sufficient Services; No Outstanding Bonds
(a) The board shall call a hearing on the exclusion of land from a district on a written petition filed with the secretary of the board by a landowner whose land has been included in and taxable by the district for more than 20 years if any bonds issued by the district payable in whole or in part from taxes of the district are no longer outstanding and the petition:
(1) includes a signed petition evidencing the consent of the owners of a majority of the acreage proposed to be excluded, as reflected by the most recent certified tax roll of the district;
(2) includes a claim that the district has not met the landowner’s proposals and requests for facilities and services sufficient to service the land at full development; and
(3) describes the property to be excluded.
(b) The board shall hold the hearing at the earliest practicable time after receipt of the petition.
Terms Used In Texas Water Code 49.3075
- Board: means the governing body of a district. See Texas Water Code 49.001
- Deed: The legal instrument used to transfer title in real property from one person to another.
- District: means any district or authority created by authority of either Sections Texas Water Code 49.001
- 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
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Unless the district presents evidence at the hearing that conclusively demonstrates that the requirements and grounds for exclusion described by Subsection (a) have not been met, the board shall enter an order excluding the land from the district and shall redefine in the order the boundaries of the district to embrace all land not excluded.
(d) A copy of an order excluding land and redefining the boundaries of the district shall be filed in the deed records of each county in which the district is located.
(e) This section does not apply to irrigation districts governed by Chapter 58.