2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 56 - Drainage Districts › Subchapter G. Taxation Provisions › Section 56.249. Authorizing Taxation on the Benefit Basis for Existing District

Sec. 56.249.  AUTHORIZING TAXATION ON THE BENEFIT BASIS FOR EXISTING DISTRICT.  (a)  A district may levy taxes on the benefit basis as provided in this section.
(b)  Any person may present to the board a petition, signed by 75 of the resident freehold taxpayers of the district whose land would be affected or by one-third of the freehold resident taxpayers of the district whose land would be affected if there are less than 75 in the district, requesting that taxes of the district be levied on the benefit basis and showing that the levy of taxes on the benefit basis will be fair and equitable to all landowners in the district.
(c)  At the same meeting at which the petition is presented, the board shall schedule a hearing on the petition for either a regular meeting or a special meeting called for that purpose to be held during the period beginning on the 30th day and ending with the 60th day after the day the petition is presented.
(d)  The board shall give notice of the time and place of the hearing by posting a copy of the petition and the order of the board at five public places in the county during the 20-day period immediately preceding the day of the hearing.  The board shall post one of the copies at the courthouse door and the other four copies at four places within the boundaries of the district.
(e)  At the hearing, any person whose land would be affected may appear before the board and may support or oppose the levy of taxes on a benefit basis and may offer testimony to show whether or not the levy of taxes on the benefit basis will be fair and equitable to landowners in the district.  The board has exclusive jurisdiction to hear and determine this issue and matters relating to it and has exclusive jurisdiction in all subsequent proceedings.  The board may adjourn the hearing from day to day, and judgments of the board are final.
(f)  If the board finds that levying taxes on the benefit basis will not be fair and equitable to landowners in the district, an order shall be entered dismissing the petition, and the district shall continue to levy taxes on an ad valorem basis, but if the board finds that levying taxes on the benefit basis will be fair and equitable to landowners in the district, the board shall order an election to be held in the district.
(g)  An election to approve the levy of taxes on the benefit basis must be held on the earliest legal date that occurs on or after the 30th day after the date the board orders the election. Notice of the election shall be given in the same manner as notice is given for the hearing on the petition.  The board shall name polling places within the district and shall appoint judges and other necessary election officers.  The ballots shall be printed to provide for voting for or against the following proposition:  "The levy of taxes in the district on the benefit basis."
(h)  At least two-thirds of those persons voting in the election must vote in favor of the proposition for it to carry.
(i)  If the proposition carries at the election, the order of the board canvassing the election shall provide that taxes of the district are to be levied on the benefit basis, but if the proposition fails to carry at the election, the order of the board canvassing the election shall provide that taxes of the district are to continue to be levied on an ad valorem basis.
Acts 1971, 62nd Leg., p. 521, ch. 58, Sec. 1, eff. Aug. 30, 1971.  Amended by Acts 2001, 77th Leg., ch. 298, Sec. 15, eff. Sept. 1, 2001.