reglab/housing_qa huggingface dataset:
TX Water Code § 49.279 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter I. Construction, Equipment, Materials, and Machinery Contracts|Section 49.279. Prevailing Wage Rates

Sec. 49.279.  PREVAILING WAGE RATES.  In addition to the alternative procedures provided by Section 2258.022, Government Code:(1)  a district located wholly or partially within one or more municipalities or within the extraterritorial jurisdiction of one or more municipalities may determine its prevailing wage rate for public works by adopting the prevailing wage rate of:(A)  one of the municipalities;  or(B)  the county in which the district is located or, if the county in which the district is located has not adopted a wage rate, the prevailing wage rate of a county adjacent to the county in which the district is located;  and(2)  a district not located wholly or partially within the extraterritorial jurisdiction of a municipality may determine the district's prevailing wage rate by adopting the prevailing wage rate of the county in which the district is located or, if the county in which the district is located has not adopted a wage rate, the wage rate of a county adjacent to the county in which the district is located.|Added by Acts 2001, 77th Leg., ch. 1423, Sec. 19, eff. June 17, 2001.|
TX Water Code § 49.301 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.301. Adding Land by Petition of Landowner

Sec. 49.301.  ADDING LAND BY PETITION OF LANDOWNER.  (a)  In addition to any other provision provided by law, the owner or owners of land whether or not contiguous to the district or otherwise may file with the board a petition requesting that there be included in the district the land described in the petition by metes and bounds or by lot and block number if there is a recorded plat of the area to be included in the district.  The petition may request the district to condition the annexation on certain conditions, including the voter authorization of bonds to serve the area to be annexed.(b)  If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxes that have been voted but are unissued, the board shall require the petitioner or petitioners to assume their share of the outstanding bonds, notes, or other obligations and the voted but unissued tax bonds of the district and authorize the board to levy a tax on their property in each year while any of the bonds, notes, or other obligations payable in whole or in part from taxation are outstanding to pay their share of the indebtedness.(c)  The petition of the landowner to add land to the district shall be signed and executed in the manner provided by law for the conveyance of real estate.(d)  The board shall hear and consider the petition and may add to the district the land described in the petition if it is feasible, practicable, and to the advantage of the district and if the district's system and other improvements of the district are sufficient or will be sufficient to supply the added land without injuring land already in the district.(e)  If the district has bonds payable in whole or in part from taxation that are voted but unissued at the time of an annexation and the petitioners assume the bonds and authorize the district to levy a tax on their property to pay the bonds, then the board may issue the voted but unissued bonds even though the boundaries of the district have been altered since the authorization of the bonds.(f)  Granted petitions shall be filed for record and shall be recorded in the office of the county clerk of the county or counties in which the added land is located.(g)  An order issued by the board under this section is not required to include all of the land described in the petition if the board determines that a change in the description is necessary or desirable.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 21, eff. Sept. 1, 1997.|
TX Water Code § 49.303 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.303. Excluding Land or Other Property From District

Sec. 49.303.  EXCLUDING LAND OR OTHER PROPERTY FROM DISTRICT.  (a)  A district may exclude land or other property from the district under this subchapter if the district has no outstanding bonds payable in whole or in part from taxes.(b)  If a district has no outstanding bonds payable in whole or in part from taxes, the board may, on its own motion, call a hearing on the question of the exclusion of land or other property from the district under the provisions of this subchapter, if the exclusions are practicable, just, or desirable.(c)  If a district has no outstanding bonds payable in whole or in part from taxes, the board may hold a hearing on the exclusion of land or other property from the district if a landowner or property owner submits a signed petition to the secretary of the board evidencing the consent of the owners of a majority of the acreage proposed to be excluded and a majority of the taxable property in the district, as reflected by the most recent certified tax roll of the district.(d)  A district that has previously held an election at which approval was given for the issuance of bonds payable in whole or in part from taxes may not rely on that election for the issuance of the bonds if after the bond election, but before the bonds are issued, land or other property is excluded from the district as provided by this subchapter.  The board must call and hold another bond election and receive voter approval before issuing those bonds.(e)  A district may not exclude land or other property from the district under this section if the district has issued bonds payable in whole or in part from taxes and those bonds are outstanding.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 248, Sec. 22, eff. June 18, 2003.|
TX Water Code § 49.304 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.304. Hearing to Announce Proposed Exclusions and to Receive Petitions

Sec. 49.304.  HEARING TO ANNOUNCE PROPOSED EXCLUSIONS AND TO RECEIVE PETITIONS.  (a)  If the board determines that an exclusion hearing should be held as provided by Section 49.303, the board shall give notice of the time and place of a hearing to announce its own conclusions relating to land or other property to be excluded and to receive petitions for exclusion of land or other property.(b)  The board shall publish notice of the hearing once a week for two consecutive weeks in one or more newspapers with general circulation in the district.  The first publication shall appear at least 14 days before the day of the hearing.(c)  The notice shall advise all interested property owners of their right to present petitions for exclusions of land or other property and to offer evidence in support of the petitions and their right to contest any proposed exclusion based on either a petition or the board's own conclusions and to offer evidence in support of the contest.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1423, Sec. 21, eff. June 17, 2001;  Acts 2003, 78th Leg., ch. 248, Sec. 23, eff. June 18, 2003.|
TX Water Code § 49.305 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.305. Petition

Sec. 49.305.  PETITION.  (a)  A petition for exclusion of land must accurately describe by metes and bounds or lot and block number the land to be excluded.  A petition for exclusion of other property must describe the property to be excluded.(b)  A petition for exclusion shall be filed with the district at least seven days before the hearing and shall state clearly the particular grounds on which the exclusion is sought.  Only the stated grounds shall be considered.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.306 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.306. Grounds for Exclusion

Sec. 49.306.  GROUNDS FOR EXCLUSION.  Exclusions from the district may be made on the grounds that:(1)  to retain certain land or other property within the district's taxing power would be arbitrary and unnecessary to conserve the public welfare, would impair or destroy the value of the property desired to be excluded, and would constitute the arbitrary imposition of a confiscatory burden;(2)  to retain any given land or other property in the district and to extend to it, either presently or in the future, the benefits, service, or protection of the district's facilities would create an undue and uneconomical burden on the remainder of the district;  or(3)  the land desired to be excluded cannot be bettered as to conditions of living and health, provided with water or sewer service, protected from flood, drained, freed from interruption of traffic caused by excess of water on the roads, highways, or other means of transportation serving the land, or otherwise benefited by the district's proposed improvements.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.307 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.307. Hearing and Order Excluding Land

Sec. 49.307.  HEARING AND ORDER EXCLUDING LAND.  (a)  The board may adjourn the hearing from one day to another and until all persons desiring to be heard are heard.  The board immediately shall specifically describe all property it proposes to exclude on its own motion and shall hear first any protests and evidence against exclusions proposed on the board's own motion.(b)  After considering all engineering data and other evidence presented to it, the board shall determine whether the facts disclose the affirmative of the propositions stated in Subdivision (1) or (2) or, if appropriate, in Subdivision (3) of Section 49.306.  If the affirmative exists, the board shall enter an order excluding all land or other property falling within the conditions defined by the respective subdivisions and shall redefine in the order the boundaries of the district to embrace all land not excluded.  A copy of the order excluding land and redefining the boundaries of the district shall be filed in the deed records of the county or counties in which the district is situated.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.3075 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.3075. Exclusion for Failure to Provide Sufficient Services; No Outstanding Bonds

Sec. 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.(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.|Added by Acts 2003, 78th Leg., ch. 853, Sec. 1, eff. June 20, 2003.|
TX Water Code § 49.3078 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.3078. Petition for Exclusion: Additional Duties

Sec. 49.3078.  PETITION FOR EXCLUSION: ADDITIONAL DUTIES. A landowner who signs a petition for the exclusion of land that is filed with a district under Section 49.3076 must submit a copy of the petition to the commission. On receipt of a copy of a petition, the executive director shall review the most recent financial information for the applicable district, including current debt requirements, debt service cash flow, and proposed debt obligations, to confirm that an exclusion of land conducted in accordance with Sections 49.3076 and 49.3077 does not adversely affect the interests of district bondholders. The executive director shall notify the landowner and the district when the review is complete.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1392 (H.B. 1324), Sec. 3, eff. September 1, 2013.|
TX Water Code § 49.308 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.308. Suit to Review Exclusion

Sec. 49.308.  SUIT TO REVIEW EXCLUSION.  (a)  Any person owning an interest in land affected by the order may file a petition within 20 days after the effective date of the order to review, set aside, modify, or suspend the order.(b)  The venue in any action shall be in any district court that has jurisdiction in the county in which the district is located.  If the district includes land in more than one county, the venue shall be in the district court having jurisdiction in the county in which the major portion of the acreage of the land sought to be excluded from the district is located.(c)  A person may appeal from the judgment or order of a district court in a suit brought under the provisions of this section to the court of civil appeals and supreme court as in other civil cases in which the district court has original jurisdiction.  The appeal is subject to the statutes and rules of practice and procedure in civil cases.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.309 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.309. Exclusion of Nonirrigated Property

Sec. 49.309.  EXCLUSION OF NONIRRIGATED PROPERTY.  For the purposes of this section and Sections 49.310 through 49.314, the following definitions shall apply:(1)(A) "Nonirrigated property" means land that:(i)  is not irrigable;(ii)  the owners of a majority of the acreage of which no longer intend to irrigate;  or(iii)  has been subdivided into:(aa)  town lots, or town lots and blocks, or small parcels of the same general nature as town lots;  or(bb)  town blocks and lots designed, intended, or suitable for residential, commercial, or other nonagricultural purposes, as distinguished from farm acreage whether subdivided into a subdivision or not;  and(cc)  including streets, alleys, parkways, parks, and railroad property and rights-of-way located in the subdivided land.(B)  The property described in Paragraph (A) shall be considered nonirrigated property regardless of whether the land is within or near a municipality and regardless of whether a plat or map of the subdivision has been duly filed for record and recorded in the office of the county clerk of the county in which the land or any part of the land is situated.(C)  The term does not include land that within the year preceding the date of the hearing under Section 49.310 was used for farming or agricultural purposes.(2)  "District" means a water control and improvement, water improvement, or irrigation district the principal purpose of which is furnishing water for the irrigation of agricultural lands or that is principally engaged in furnishing water for the irrigation of agricultural lands.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.310 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.310. Authority to Exclude Land

Sec. 49.310.  AUTHORITY TO EXCLUDE LAND.  (a)  A petition for exclusion may be filed by the owner or owners, or their authorized agent, of a majority in acreage of nonirrigated property included within the boundaries of a district.(b)  Upon receipt of a petition for exclusion, or upon its own motion, a district shall issue an order excluding the property if, after notice and hearing, the board finds that:(1)  the described property is nonirrigated property;(2)  the applicable requirements of Section 49.311 have been satisfied;(3)  the owner or owners do not object to the exclusion of their nonirrigated property;  and(4)  it is in the best interest of the district and of the described property to exclude that property from the district.(c)  The district shall follow the notice and hearing provisions and other procedural requirements for excluding territory applicable to that district as set out in Sections 49.303 through 49.307.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.311 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.311. Consent From Holders of Indebtedness

Sec. 49.311.  CONSENT FROM HOLDERS OF INDEBTEDNESS.  If the district has outstanding bonded indebtedness, or indebtedness under a loan from a governmental agency, a written consent from an authorized representative of the holder or holders of the indebtedness consenting to the exclusion shall be obtained and filed with the district before the hearing.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.312 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.312. Results of Exclusion

Sec. 49.312.  RESULTS OF EXCLUSION.  (a)  Except as provided by Section 49.3077, on issuance of an order excluding property, that property is no longer a part of the district and is not entitled to water service from the district.(b)  Any taxes, assessments, or other charges owed to the district at the time of exclusion remain the obligation of the owner of the excluded property and continue to be secured by statutory liens on the property, if any.(c)  Except as provided by Section 49.3077, once land is  excluded, the landowner has no further liability to the district for future taxes, assessments, or other charges of the district.(d)  A copy of the order excluding the property from the district certified and acknowledged by the secretary of the board shall be recorded by the district in the real property records of the county in which the excluded property is located as evidence of the exclusion.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1392 (H.B. 1324), Sec. 4, eff. September 1, 2013.|
TX Water Code § 49.313 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.313. District Facilities on Excluded Property

Sec. 49.313.  DISTRICT FACILITIES ON EXCLUDED PROPERTY.  If any canals, ditches, pipelines, pumps, or other facilities of the district are located on lands excluded by the resolution of the board, the exclusion does not affect or interfere with any rights that the district has to maintain and continue operation of the facilities as located for the purpose of servicing lands remaining in the district.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.314 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.314. Water Allocations

Sec. 49.314.  WATER ALLOCATIONS.  (a)  After the district adopts an order excluding nonirrigated property, a city or other water supply corporation that serves the excluded land with a potable water supply may petition the district to apply to the commission to convert the proportionate irrigation water allocation of the land excluded as nonirrigated property, as determined by the district, from irrigation use to municipal use allocation.(b)  The district shall make such application to the commission within 30 days of the filing of a petition by the city or water supply corporation that serves the land with a potable water supply, provided the city or other water supply corporation pays the district the amount the district estimates will be its reasonable expenses and attorney's fees incurred in the commission conversion proceedings and enters into an agreement with the district setting forth the basis on which the water allocation shall be delivered, or made available, to the city or water supply corporation covering such terms as the entities may agree to, and in the event the parties cannot agree, such dispute shall not be subject to the jurisdiction of the commission, or its successors, under this code but subject to resolution through alternative dispute resolution.  In such commission proceeding, the city or water supply corporation shall provide evidence to the commission of the current or projected need within a five year period for the municipal-use water allocation after such conversion as a condition of such conversion of use of the district's water rights from irrigation use to municipal use.|Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.|
TX Water Code § 49.315 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 49 - Provisions Applicable to All Districts|Subchapter J. Annexation or Exclusion of Land|Section 49.315. Adding and Excluding Land Before Confirmation

Sec. 49.315.  ADDING AND EXCLUDING LAND BEFORE CONFIRMATION.  (a)  A district may add or exclude land in accordance with this subchapter:(1)  after a district is created by order of the commission or another governmental entity or by special Act of the legislature;  and(2)  before a confirmation election is held as required by Section 49.102.(b)  If land is added or excluded as provided by this section, the election to confirm the district required by Section 49.102 shall be to confirm the district as modified.|Added by Acts 2001, 77th Leg., ch. 1423, Sec. 22, eff. June 17, 2001.|