Texas Water Code 49.455 – Filing Information
(a) The board covered by the provisions of § 49.452 shall file with the county clerk in each of the counties in which all or part of the district is located a duly affirmed and acknowledged information form that includes the information required in Subsection (b), and a complete and accurate map or plat showing the boundaries of the district.
(b) The information form filed by a district under this section shall include:
(1) the name of the district;
(2) the complete and accurate legal description of the boundaries of the district;
(3) the most recent rate of district taxes on property located in the district;
(4) the total amount of bonds that have been approved by the voters and which may be issued by the district (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity);
(5) the aggregate initial principal amount of all bonds of the district payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity) that have been previously issued;
(6) whether a standby fee is imposed by the district and, if so, the amount of the standby fee;
(7) the date on which the election to confirm the creation of the district was held if such was required;
(8) a statement of the functions performed or to be performed by the district; and
(9) the particular form of Notice to Purchasers required by § 49.452 to be furnished by a seller to a purchaser of real property in that district completed by the district with all information required to be furnished by the district.
Terms Used In Texas Water Code 49.455
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the governing body of a district. See Texas Water Code 49.001
- Contract: A legal written agreement that becomes binding when signed.
- Director: means either a supervisor or director appointed or elected to the board. See Texas Water Code 49.001
- District: means any district or authority created by authority of either Sections Texas Water Code 49.001
- Executive director: means the executive director of the commission. See Texas Water Code 49.001
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
If a district has not yet levied taxes, a statement to such effect together with the district’s most recent projected rate of debt service tax shall be substituted for Subdivisions (3) and (4).
(c) The information form required by this section shall be signed by a majority of the members of the board and by each such officer affirmed and acknowledged before it is filed with the county clerk, and each amendment made to an information form shall also be signed by the members of the board and by each such officer affirmed and acknowledged before it is filed with the county clerk.
(d) The information form required by this section shall be filed with the county clerk within 48 hours after the district is officially created. For purposes of this section, the words “officially created” mean the date and hour in which the results of the election to confirm the creation of the district are declared.
(e) Within seven days after there is a change in any of the information contained in the district information form, map, or plat, the district shall file an amendment to the information form, map, or plat setting forth the changes made.
(f) Repealed by Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 32(4), eff. June 18, 2023, and Ch. 1010 (H.B. 2816), Sec. 6(2), eff. September 1, 2023.
(g) If a district fails to file the information required by this section in the time required, the executive director may request the state attorney general or the district or county attorney of the county in which the district is located to seek a writ of mandamus to force the board to prepare and file the necessary information.
(h) Repealed by Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 32(4), eff. June 18, 2023, and Ch. 1010 (H.B. 2816), Sec. 6(2), eff. September 1, 2023.
(i) If a district covered by this section is dissolved, annexed to another local government, or consolidated with another district, the members of the board shall file a statement of this fact together with the effective date of the dissolution, annexation, or consolidation with the information form. After a district is dissolved and the statement is filed under this subsection, a person who sells or conveys property within the dissolved district is no longer required to give notice under § 49.452.
(j) A copy of all information forms, maps, or plats and amendments to these filed under this section shall also be filed with the executive director.