reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.650. Election

Sec. 51.650.  ELECTION.  (a)  If the board desires to submit the question of whether or not to adopt the method of assessing benefits provided in Section 51.649 of this code, it shall order an election to be held in the district and shall submit the proposition in the manner provided for other district elections.
(b)  The ballots for the election shall be printed to provide for voting for or against the proposition:  "Uniform assessment of benefits of $______ per acre on all irrigable land in the district, and the assessment of $______ per acre on all nonirrigable land in the district."
(c)  The board shall determine the amounts to fill the spaces in the proposition.  The amount of charge per acre may be found by dividing the number of acres of land into the amount of debt to be incurred by the district in providing for irrigation.
(d)  If a majority of the persons voting in the election vote in favor of the proposition, it shall be adopted.
Acts 1971, 62nd Leg., p. 368, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.651. Excluding Nonirrigable Land From District

Sec. 51.651.  EXCLUDING NONIRRIGABLE LAND FROM DISTRICT.  If the owner of land which is classed nonirrigable under the uniform acreage valuation objects to the amount of charges fixed against him by the order calling the election or by the result of the election, he may have his nonirrigable land excluded from the district by filing an application for exclusion as provided by law within 10 days after the election is held.
Acts 1971, 62nd Leg., p. 368, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.652. Setting Annual Value of Land Unnecessary

Sec. 51.652.  SETTING ANNUAL VALUE OF LAND UNNECESSARY.  If the district adopts the uniform acreage valuation for taxation, the valuation shall be applied to all land in the district, and it is not necessary to annually fix the value of the land.  It is also unnecessary for the board to appoint a commission to ascertain or fix the value of the improvement to particular land.
Acts 1971, 62nd Leg., p. 368, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.653. Preparing Tax Rolls

Sec. 51.653.  PREPARING TAX ROLLS.  (a)  The board shall examine the tax rolls to determine if all property subject to taxation appears on the tax rolls under the proper classification.  The board shall add to the tax roll any property which was left off and shall examine, correct, and certify the tax roll.
(b)  Any property owner may protest to the board that his property has not been properly classified.  The board shall consider the protest and enter its findings in the minutes.
Acts 1971, 62nd Leg., p. 368, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.655. Law Governing Administration of Benefit Tax Plan

Sec. 51.655.  LAW GOVERNING ADMINISTRATION OF BENEFIT TAX PLAN.  In a district that levies taxes on a benefit basis, the rate of taxation and the assessment and collection of taxes shall be governed by the law relating to ad valorem taxes to the extent applicable.
Acts 1971, 62nd Leg., p. 369, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1979, 66th Leg., p. 2321, ch. 841, Sec. 4(r), eff. Jan. 1, 1982.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.656. Irrigating Nonirrigable Land

Sec. 51.656.  IRRIGATING NONIRRIGABLE LAND.  If land which is classed as nonirrigable is later irrigated by the district, before the owner of the land receives the water, he shall pay to the district an amount equal to the entire amount that would have been charged to the owner if the land had been originally classed as irrigable.
Acts 1971, 62nd Leg., p. 369, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter N. Taxation on the Benefit Basis › Section 51.657. Taxation in District Constructing Levees or Drainage Systems

Sec. 51.657.  TAXATION IN DISTRICT CONSTRUCTING LEVEES OR DRAINAGE SYSTEMS.  (a)  A district created to construct levees or works and plants to protect from overflow or created to construct drainage systems may adopt the plan of assessing benefits at an equal sum on each acre of land in the district in the manner provided in Sections 51.650-51.656 of this code.
(b)  The proposition included in the election order shall be printed to provide for voting for or against:  "Uniform assessment of benefits for ____________ purposes."
Acts 1971, 62nd Leg., p. 369, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.702. Exclusion of Nonagricultural and Nonirrigable Land From the District

Sec. 51.702.  EXCLUSION OF NONAGRICULTURAL AND NONIRRIGABLE LAND FROM THE DISTRICT.  After the district is organized, acquires facilities with which to function as an irrigation district, and votes, issues, and sells bonds for the purposes for which the district was organized, land within the district subject to taxation which is not agricultural land or cannot be irrigated in a practicable manner may be excluded from the district by complying with the provisions of Sections 51.703-51.713 of this code.
Acts 1971, 62nd Leg., p. 371, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.703. Prerequisite to Application for Exclusion

Sec. 51.703.  PREREQUISITE TO APPLICATION FOR EXCLUSION.  The owner of land in the district which is not agricultural land or cannot be irrigated in a practicable manner may apply for its exclusion from the district if all taxes levied and assessed by the district on the land to be excluded have been fully paid, including all bond tax and flat water rate assessment.
Acts 1971, 62nd Leg., p. 371, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.704. Substituting Land of Equal Acreage and Value

Sec. 51.704.  SUBSTITUTING LAND OF EQUAL ACREAGE AND VALUE.  Land which can be irrigated in a practicable manner of at least equal acreage and equal value to the land being excluded must be added to the district simultaneously with the exclusion of the nonagricultural or nonirrigable land.
Acts 1971, 62nd Leg., p. 372, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.705. Securing Application to Substitute Land

Sec. 51.705.  SECURING APPLICATION TO SUBSTITUTE LAND.  The board may require an owner of land in the district who has applied for the exclusion of his nonagricultural or nonirrigable land from the district to procure an application of the owner of land adjoining the boundaries or the canals of the district, and capable of being irrigated in a practicable manner from the facilities of the district, for inclusion in the district of his land in an amount and value at least equal to the land which is to be excluded under the application of the owner of nonagricultural or nonirrigable land.  Each application shall set forth the facts concerning the land to be excluded from and the land to be added to the district, including evidence of their reasonable market value.
Acts 1971, 62nd Leg., p. 372, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.706. Application of Owner of New Land to Be Substituted

Sec. 51.706.  APPLICATION OF OWNER OF NEW LAND TO BE SUBSTITUTED.  The owner of the new land to be added shall submit an application setting forth that the owner of the new land assumes the payment of all taxes to be levied on his land by the district after the date the land is added to the district.  The application also shall set forth an agreement by the owner of the new land that the land will be subject to future taxes for bond tax and flat rate and all other assessments levied and assessed by the district as though the land had been incorporated originally in the district.  The application also shall contain an agreement by the owner of the new land that the land will be subject to the same liens and provisions as all other land in the district and subject to the statutes governing all other land in the district.
Acts 1971, 62nd Leg., p. 372, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.707. Consent of Outstanding Bondholders

Sec. 51.707.  CONSENT OF OUTSTANDING BONDHOLDERS.  (a)  The board shall communicate the contents of the applications to exclude nonagricultural or nonirrigable land and to include an equal amount of irrigable land to the holders of outstanding bonds voted, issued, sold, and delivered by the district and payable from taxes levied on property in the district.
(b)  If the consent in writing of 95 percent or more of the bondholders to the plan is filed with the board, the board may hold a hearing on the applications.
Acts 1971, 62nd Leg., p. 372, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.708. Notice of Hearing on Applications

Sec. 51.708.  NOTICE OF HEARING ON APPLICATIONS.  The board shall give notice of the hearing on the applications by publishing the time, place, and nature of the hearing one time in a newspaper published in a county in which all or part of the district is located.  The newspaper must have been published regularly for more than 12 months preceding the date of the publication of the notice and must have circulation in the district.  The notice shall be published not less than 10 days nor more than 20 days before the date of the hearing.
Acts 1971, 62nd Leg., p. 372, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.709. Hearing Procedure

Sec. 51.709.  HEARING PROCEDURE.  The board shall hear all interested parties and all evidence in connection with the applications.
Acts 1971, 62nd Leg., p. 373, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.710. Board's Resolution to Substitute Land

Sec. 51.710.  BOARD'S RESOLUTION TO SUBSTITUTE LAND.  If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist, it may adopt and enter in its minutes a resolution to exclude land which is nonagricultural or nonirrigable in a practicable manner and include land which may be irrigated from the facilities of the district in a practicable manner.
Acts 1971, 62nd Leg., p. 373, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.711. Liability of Excluded and Included Land

Sec. 51.711.  LIABILITY OF EXCLUDED AND INCLUDED LAND.  The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included in the district.  Land added to the district is subject to all laws, liens, and provisions governing the district and the land in the district.
Acts 1971, 62nd Leg., p. 373, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.712. Duty to Advise Executive Director

Sec. 51.712.  DUTY TO ADVISE EXECUTIVE DIRECTOR.  The board shall furnish the executive director a detailed description of the land excluded and a detailed description of the land included within 30 days after the exclusion and inclusion of land under the provisions of Sections 51.702-51.711 of this code.
Acts 1971, 62nd Leg., p. 373, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.713. Right to Serve New Land Included in District

Sec. 51.713.  RIGHT TO SERVE NEW LAND INCLUDED IN DISTRICT.  The district has the same right to furnish water service to the included land that it previously had to furnish service to the excluded land.  The mere inclusion of a larger total acreage than that excluded does not give the district the right to irrigate a larger total acreage or to appropriate a larger quantity or volume of public water for irrigation than the district would have had the right to irrigate or to appropriate before the exclusion and inclusion of the land.
Acts 1971, 62nd Leg., p. 373, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.7131. Alternative Substitution Procedures

Sec. 51.7131.  ALTERNATIVE SUBSTITUTION PROCEDURES.  Notwithstanding this subchapter, a district may substitute land in the manner provided by Sections 54.739-54.747.
Added by Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 25, eff. June 18, 2023.
Without reference to the amendment of this section by Acts 1995, 74th Leg., ch. 778, Sec. 2, this section was repealed by Acts 1995, 74th Leg., ch. 715, Sec. 40 effective September 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.714. Adding Land by Petition of Landowner

Sec. 51.714.  ADDING LAND BY PETITION OF LANDOWNER.  The owner of land may file with the board a petition requesting that the land described by metes and bounds in the petition be included in the district.  Notwithstanding any municipal ordinance, resolution, or any other statute to the contrary, a municipality may not require the annexing district or the landowner who is requesting annexation to obtain the municipality's consent to the district's annexation of the additional land if, at the time the petition is filed, the land to be annexed is contiguous to the district and at any time within the preceding 12 months was not located within an area designated by ordinance or resolution of the municipality's governing body as the municipality's water and sewer service area or corporate limits, and the district has not previously issued any bonded indebtedness.  The land shall be deemed to be contiguous to the district if it is separated from the district by public land or right of way.  A district may not increase its total land area by more than 100 percent in any one calendar year.  A municipality's consent shall not be required for the inclusion or annexation of irrigable land within the boundaries of a district primarily engaged in providing irrigation service to lands within its boundaries.
Acts 1971, 62nd Leg., p. 373, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1993, 73rd Leg., ch. 192, Sec. 1, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 778, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.732. Consolidation of Districts

Sec. 51.732.  CONSOLIDATION OF DISTRICTS.  Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 51.733-51.736 of this code.
Acts 1971, 62nd Leg., p. 376, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.733. Elections to Approve Consolidation

Sec. 51.733.  ELECTIONS TO APPROVE CONSOLIDATION.  (a)  After the directors of each district have agreed on the terms and conditions of consolidation, they shall order an election in each district to determine whether the districts should be consolidated.
(b)  The directors of each district shall order the election to be held on the same day in each district and shall give notice of the election for at least 20 days in the manner provided by law for other elections.
(c)  The districts may be consolidated only if the electors in each district vote in favor of the consolidation.
Acts 1971, 62nd Leg., p. 376, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.734. Governing Consolidated Districts

Sec. 51.734.  GOVERNING CONSOLIDATED DISTRICTS.  (a)  After two or more districts are consolidated, they become one district, except for the payment of debts created before consolidation, and are governed as one district.
(b)  During a period of 90 days after the date of the election to approve consolidation, the officers of each district shall continue to act jointly as officers of the original districts to wind up the affairs of their respective districts.
(c)  The consolidation agreement may provide that the officers of the original districts shall continue to act jointly as officers of the consolidated district until the next general election or name persons to serve as officers of the consolidated district until the next general election if all officers of the original districts agree to resign.
(d)  New officers of the consolidated district must qualify as officers of the district within the period of 90 days after the election and shall assume their offices at the expiration of the 90-day period.
(e)  The current board shall approve the bond of each new officer.
(f)  The consolidation agreement may provide for the establishment of five voting precincts described in the agreement and for the election of one director from each precinct.  A district that adopts the precinct method of election will retain that method if it elects to be governed by another chapter of this code.
Acts 1971, 62nd Leg., p. 377, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 1977, 65th Leg., p. 1764, ch. 712, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.735. Debts of Original Districts

Sec. 51.735.  DEBTS OF ORIGINAL DISTRICTS.  After two or more districts are consolidated, the debts of the original districts are protected and are not impaired.  These debts may be paid by taxes or assessments levied on the land in the original districts as if they had not consolidated or contributions from the consolidated district on terms stated in the consolidation agreement.
Acts 1971, 62nd Leg., p. 377, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.736. Assessment and Collection of Taxes

Sec. 51.736.  ASSESSMENT AND COLLECTION OF TAXES.  After consolidation, the officers of the consolidated district shall assess and collect taxes on property in the original district to pay debts created by the original district.
Acts 1971, 62nd Leg., p. 377, ch. 58, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.748. Division of Original District With No Outstanding Indebtedness

Sec. 51.748.  DIVISION OF ORIGINAL DISTRICT WITH NO OUTSTANDING INDEBTEDNESS.  (a)  An original district heretofore created and governed by the provisions of this chapter (an "original district") that does not have any outstanding indebtedness secured by the taxes or net revenues of an original district may divide into two or more districts as provided by Sections 51.749 through 51.758 of this code;  provided, however, no division shall occur that would result in the creation of a district of less than 100 acres in size.  Upon petition of any landowner or upon the board's own motion, the board may consider a proposal to divide the original district.
(b)  A district that:
(1)  is located in two or more counties;
(2)  is within the jurisdiction of two river authorities, one of which has issued an interbasin transfer permit to a city which provides the district's water supply;
(3)  has not constructed any facilities or incurred any indebtedness secured by taxes or net revenues;  and
(4)  was created by division under Sections 51.749 through 51.758 of this code may divide into two or more districts as provided by Sections 51.749 through 51.758 of this code;  provided, however, no division shall occur that would result in the creation of a district of less than 100 acres in size.  On petition of any landowner or on the board's own motion, the board may consider a proposal to divide the district.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 437, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.749. Election to Approve Division

Sec. 51.749.  ELECTION TO APPROVE DIVISION.  (a)  After the board of the original district has agreed on the terms and conditions of division, which shall include a plan for the payment of any outstanding current obligations and performance of any outstanding obligations of the original district, and has prepared a metes and bounds description of the proposed districts, it shall order an election to be held in the district to determine whether the original district should be divided as proposed.
(b)  The board of the original district shall order the election to be held and shall give notice of the election at least 20 days prior to the election in the manner provided by law for other elections.
(c)  The original district shall be divided if a majority of the qualified electors in the original district vote in favor of the division.  The resulting districts shall be assigned consecutive letters, corresponding to the number of the original district.  For example, Harris County WCID #1 if divided into two districts shall become Harris County WCID #1A and Harris County WCID #1B.  No other confirmation election shall be necessary.  Provided, however, each resulting district desiring to issue bonds payable wholly or partially from ad valorem taxes shall be required to obtain authorization for the issuance of such bonds by a majority vote of the resident electors of such district voting in an election called for that purpose.  Notice of such election shall be given as generally set forth for bond elections in this chapter.  Each resulting district desiring to levy a maintenance tax shall be required to obtain authorization by a majority vote of the qualified resident electors of such district voting in an election called for that purpose.  Notice of such election shall be given as generally set forth for such elections in this chapter.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.750. Governing Resulting Districts

Sec. 51.750.  GOVERNING RESULTING DISTRICTS.  (a)  After the original district is divided into two or more districts, the resulting districts shall be separate districts and shall be governed as separate districts.
(b)  During a period of 90 days after the date of the election to approve division, the board of the original district shall continue to act in behalf of the original district to wind up the affairs of the original district.
(c)  The directors of the original district shall continue to act as directors of one of the resulting districts until the next general election and shall name persons to serve as temporary directors of each of the other resulting districts until an election is held on the next uniform election date for elections set forth in Section 41.001, Election Code, for the election of permanent directors.  Upon the election of such directors, the three directors receiving the greatest number of votes shall serve until May of the first even-numbered year after the expiration of four years from the date of the election and two directors shall serve until May of the first even-numbered year after the expiration of two years from the date of the election.
(d)  The temporary directors of each of the resulting districts must qualify as directors of the district pursuant to Section 51.072 within the period of 90 days after the election approving the division of the original district and shall assume their offices at the expiration of the 90-day period.
(e)  The board of each of the resulting districts shall approve the bond of each director.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.751. Current Obligations of Original District

Sec. 51.751.  CURRENT OBLIGATIONS OF ORIGINAL DISTRICT.  After the division of the original district into two or more districts, the current obligations and any bond authorizations of the original district are protected and are not impaired.  These debts may be paid by taxes, revenues, or assessments levied on the land in the original district as if it had not divided or contributions from each of the resulting districts on terms stated in the division proposed by the board and approved by the election under Section 51.749 of this code.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.752. Powers of Resulting Districts

Sec. 51.752.  POWERS OF RESULTING DISTRICTS.  (a)  After division, each of the resulting districts shall have all of the power to incur and pay debts created by each district and shall in every respect have the full power and authority of a district created and governed by the provision of this chapter.
(b)  Each of the resulting districts shall have the authority to contract with one another for the provision of water, wastewater, and such other matters as the board of directors of each of the districts deems appropriate.
(c)  Each of the resulting districts shall assume the obligations of the original district under any agreements or resolutions consenting to the creation of the original district imposed by any municipality having jurisdiction over such creation to the extent that such agreements and resolutions (i) are applicable, (ii) are not contrary to any other law or the provisions of this chapter, and (iii) do not impose obligations that limit the district's powers and authority to issue bonds for any purpose authorized under this chapter.  Any such obligations that so limit the district's powers and authority to issue bonds for any purpose authorized under this chapter are void.
(d)  Any other obligations of the original district shall be divided pro rata among the resulting districts either on an acreage basis or on such other terms as are satisfactory to such resulting districts.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 778, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.753. Notice of Resulting Districts

Sec. 51.753.  NOTICE OF RESULTING DISTRICTS.  Within 30 days after the election within the original district that confirms a plan for division, the original district shall provide written notice of such plan to the commission, the attorney general, the commissioners court of any county in which such original district is located, and any municipality having extraterritorial jurisdiction over the land within the original district.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.323, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.754. Exclusion of Land From District Without Indebtedness

Sec. 51.754.  EXCLUSION OF LAND FROM DISTRICT WITHOUT INDEBTEDNESS.  An original district governed by the provisions of this chapter that does not have any outstanding indebtedness secured by the taxes or net revenues of the district may exclude land from the district as provided by Sections 51.754 through 51.758 of this code.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.755. Application to Exclude Land

Sec. 51.755.  APPLICATION TO EXCLUDE LAND.  (a)  A petition for exclusion of land under Sections 51.748 through 51.758 of this code must accurately describe the land to be excluded by metes and bounds or by reference to a plat recorded in the plat records of the county or counties in which the original district is located.
(b)  The petition must be signed by the owner or owners of the land to be excluded, or by at least 10 percent of the owners of the land to be excluded, or by five or more of the owners if the number of owners is more than 50, and must be filed with the district at least 15 days before the hearing on the petition for exclusion and shall clearly state the particular grounds on which the exclusion is sought.  Only the ground stated in the petition shall be considered.  Notice of the hearing shall be published by the board once a week for two consecutive weeks in one or more newspapers of general circulation in the original district.  The first publication shall appear at least 15 days and not more than 40 days before the date of the hearing.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.756. Findings by the Board

Sec. 51.756.  FINDINGS BY THE BOARD.  Before determining to exclude any land under Sections 51.754 through 51.758 of this code, the board shall find that the district has no obligations that will be impaired by the exclusion of the land, the district will incur no obligations because of that exclusion, and that the exclusion is in the best interest of the district.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.757. Excluding Land

Sec. 51.757.  EXCLUDING LAND.  (a)  After considering all engineering data and other evidence presented to it, if the board makes the findings provided in Section 51.756 of this code and determines that it would be in the best interest of the district to exclude the land, the board shall enter an order excluding all land meeting the conditions and shall redefine the boundaries of the original district in order to embrace all land not excluded.  In the event the land to be excluded contains water or wastewater customers of the district, such customers shall remain customers of the district, and owners of lots to which district water and wastewater facilities have already been extended shall also be allowed to connect to the district's system and shall be customers of the district.
(b)  Except as provided by Subsection (d) of this section, an order excluding land pursuant to a petition signed by the owner or owners of the land to be excluded takes effect on the date the board enters the order.
(c)  Except as provided by Subsection (d) of this section, an order excluding land pursuant to a petition signed by less than all of the owners of the land to be excluded takes effect:
(1)  if the district does not receive a timely petition under Section 51.758 of this code on the day following the deadline for submission of a petition;  or
(2)  if the district receives timely petition under Section 51.758 of this code and the exclusion is ratified at an election held for that purpose.
(d)  Before an order excluding land under Sections 51.754 through 51.758 of this code becomes effective, all taxes levied and assessed by the district on the land to be excluded shall be fully paid.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.758. Notice of Certain Exclusions; Petition for Ratification Election

Sec. 51.758.  NOTICE OF CERTAIN EXCLUSIONS;  PETITION FOR RATIFICATION ELECTION.  (a)  If the board issues an order excluding land pursuant to a petition signed by less than all of the owners of the land to be excluded, the board shall publish notice describing the excluded land and stating that the exclusion becomes final if the district does not receive, not later than the 35th day after the date of the board's order, a petition requesting a ratification election that is signed by at least 10 percent of the qualified voters that reside in the land area to be excluded.
(b)  The board shall publish the notice required by Subsection (a) of this section once a week for two consecutive weeks in a newspaper of general circulation in the district.  The first notice must be published not later than the fifth day after the date of the board's order.
(c)  If the district receives, not later than the 35th day after the date of the board's order, a petition requesting a ratification election that is signed by at least 10 percent of the qualified voters that reside in the land area to be excluded, the order does not take effect unless approved by a majority vote at a ratification election held for that purpose of the residents of the district.
(d)  The notice of the election, the manner and the time of giving the notice, the manner of holding the election, and qualifications of the voters are governed by Subchapter E of this chapter.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.759. Exclusion of Certain Nonirrigated Land

Sec. 51.759.  EXCLUSION OF CERTAIN NONIRRIGATED LAND.  (a)  If a district is principally engaged in providing water for agricultural irrigation or the primary purpose of the district is to provide water for agricultural irrigation, by complying with Sections 51.760 through 51.766, the board may exclude from the district land that is not being irrigated because:
(1)  the land is not irrigable;
(2)  the owners of a majority of the acreage of the land no longer intend to irrigate the land;
(3)  the land has been subdivided into town lots, town lots and blocks, or small parcels having the same general nature of town lots, including lots and blocks designed, intended, or suitable for a residential, commercial, or other nonagricultural purpose;  or
(4)  the land is located on subdivided land and is:
(A)  designated as a street, alley, parkway, or park;  or
(B)  a railroad property or right-of-way.
(b)  Land described by Subsection (a) may be excluded regardless of whether:
(1)  the land is within or near municipal boundaries;  or
(2)  a plat or map of the land has been filed for record in the office of the county clerk of the county in which any part of the land is located.
(c)  The board may not exclude land described by Subsection (a) if the land has been used for an agricultural purpose within the year preceding the date of the hearing held under Section 51.761.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.760. Initiating Exclusion

Sec. 51.760.  INITIATING EXCLUSION.  (a)  A petition to exclude land may be filed with the board by the owners of a majority in acreage of land described by Section 51.759 that is located in the district.
(b)  The petition must accurately describe the land to be excluded by metes and bounds or lot and block number.  A petition for exclusion of other property must describe the property to be excluded.
(c)  The board may initiate a proceeding to exclude land without receiving a petition by holding a hearing on its own motion and issuing an order as provided by Section 51.761.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.761. Hearing, Notice, and Order of Exclusion

Sec. 51.761.  HEARING, NOTICE, AND ORDER OF EXCLUSION.  (a)  On the board's motion or on receipt of a petition to exclude land, the board shall give notice and hold a hearing on the proposed exclusion.
(b)  The board shall publish notice of the hearing in a newspaper of general circulation in the district once each week for two consecutive weeks.  The first publication must appear at least 14 days before the date of the hearing.
(c)  The notice must advise interested property owners in the district:
(1)  of the right to offer evidence in support of or to contest the proposed exclusion;
(2)  of the right to present a petition for exclusion under Sections 51.759 through 51.766;
(3)  of the date, time, and place of the hearing;  and
(4)  by a general description of the property proposed for exclusion.
(d)  The board may adjourn the hearing from one day to another until the board hears every person who desires to be heard.
(e)  The board shall specifically describe all property that it proposes to exclude on its own motion.
(f)  In a hearing on exclusion of property on the board's own motion, the board shall hear protests and evidence against the exclusion before the board hears any other evidence or matter.
(g)  The board shall issue an order excluding the property if after considering evidence presented at the hearing the board finds that:
(1)  the described property is eligible for exclusion under Section 51.759;
(2)  if applicable, the written consent required by Section 51.762 has been filed;
(3)  the owners of the property to be excluded do not object to the exclusion;  and
(4)  to exclude the property from the district is in the best interest of the district and of the property.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.762. Consent of Debt Holders

Sec. 51.762.  CONSENT OF DEBT HOLDERS.  If the district has outstanding bonded debt or debt under a loan from a governmental agency, a written consent to the exclusion from an authorized representative of the holders of the debt shall be obtained and filed with the district before the hearing is held.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.763. Results of Exclusion

Sec. 51.763.  RESULTS OF EXCLUSION.  (a)  On the issuance of an order excluding property:
(1)  the property is no longer a part of the district and is not entitled to district services;
(2)  any tax, assessment, or other charge owed to the district at the time of exclusion remains the obligation of the owner of excluded property and continues to be secured by statutory liens on the property, if any;  and
(3)  the owner of excluded land has no further liability to the district for future taxes, assessments, or other charges of the district attributable to the excluded land.
(b)  The district shall record a copy of the order excluding the property from the district, certified and acknowledged by the secretary of the board, in the real property records of the county in which the excluded property is located.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.764. District Facilities on Excluded Property

Sec. 51.764.  DISTRICT FACILITIES ON EXCLUDED PROPERTY.  The exclusion does not affect or interfere with any rights that the district has to maintain and continue operation of any canal, ditch, pipeline, pump, or other facility of the district located on land excluded by the order to serve land remaining in the district.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.765. Water Allocations

Sec. 51.765.  WATER ALLOCATIONS.  (a)  After the district adopts an order excluding nonirrigated property, a municipality or 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 excluded land from irrigation use to municipal use allocation.
(b)  The district shall make the application to the commission not later than the 30th day after the date a municipality or water supply corporation that serves the land with a potable water supply petitions the district to make the application if the municipality or water supply corporation:
(1)  pays the district the amount the district estimates will be its reasonable expenses and attorney's fees incurred in the commission conversion proceedings;  and
(2)  enters into an agreement with the district establishing the terms on which the water allocation shall be delivered or made available to the municipality or water supply corporation.
(c)  If the parties cannot agree to water allocation terms, the parties shall attempt resolution of their differences through mediation, arbitration, or another alternative dispute resolution process.  The commission does not have jurisdiction to resolve the parties' differences.
(d)  Together with the district's application, the municipality or water supply corporation must provide the commission with evidence to support the projected need for water for the five years after the conversion to a municipal-use water allocation.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 51 - Water Control and Improvement Districts › Subchapter O. Adding and Excluding Territory and Consolidating Districts › Section 51.766. Suit to Review Exclusion

Sec. 51.766.  SUIT TO REVIEW EXCLUSION.  (a)  A person who owns an interest in property affected by an exclusion order issued under Section 51.761 may sue to review, set aside, modify, or suspend the order not later than the 20th day after the effective date of the order.
(b)  Venue is 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, venue is in the district court having jurisdiction in the county in which the largest 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 this section to the court of civil appeals and the supreme court as in other civil cases in which the district court has original jurisdiction.
Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.