2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle B - Emergencies › Chapter 775 - Emergency Services Districts › Subchapter B. Creation of District › Section 775.021. Exclusion of Territory Located Within Other Taxing Authority

Sec. 775.021.  EXCLUSION OF TERRITORY LOCATED WITHIN OTHER TAXING AUTHORITY.  (a)  This section applies only to a district located in whole or in part in a county that:
(1)  borders the Gulf of Mexico;  and
(2)  has a population of less than 1.5 million.
(b)  The board of a district may exclude from the district the territory located within the boundaries of another taxing authority if the other taxing authority provides the same services to the territory as those provided by the district.
(c)  The board, at its discretion, may hold a hearing to consider the exclusion of the territory.
(d)  The board shall hold a hearing to consider the exclusion of the territory if the board receives a petition requesting a hearing on the issue that is signed by at least five percent of the qualified voters who own taxable real property in the district.  A petition submitted under this subsection must describe the proposed new boundaries of the district or describe the boundaries of the territory to be excluded from the district.
(e)  The board shall issue a notice of a hearing to be held under Subsection (c) or (d). The provisions of Section 775.015 relating to the procedure for issuing notice of a hearing to create the district apply to the notice for the hearing under this section.  The notice must state:
(1)  the proposed new boundaries of the district or of the territory to be excluded;
(2)  the time and place of the hearing;  and
(3)  that each person who has an interest in the exclusion or nonexclusion of the territory may attend the hearing and present the person's opinion for or against the exclusion of the territory.
(f)  After the hearing the board either may order an election on the question of the exclusion of the territory or may declare by resolution the territory excluded from the district.  However, the board may not declare the territory as excluded if the owners of at least three percent of the property located in the district protest the exclusion.
(g)  If the board excludes the territory by resolution, the board shall state in the resolution the new boundaries of the district.  The board shall file a copy of the resolution in the office of the county clerk of each county in which the district is located.  The county clerk of each affected county shall record the resolution in the county records.  After the resolution is recorded, the excluded territory is no longer a part of the district.
(h)  The board shall order an election on the question of exclusion if:
(1)  the owners of at least three percent of the property located in the district protest the exclusion;  or
(2)  the board:
(A)  despite the lack of a protest, refuses to exclude the territory;  and
(B)  after refusing to exclude the territory, receives a petition requesting an election that is signed by a majority of the qualified voters who own taxable real property in the territory proposed to be excluded.
(i)  Except as otherwise required by the Election Code, the election notice, the manner and time of giving the notice, and the manner of holding the election are governed by the applicable provisions of this chapter relating to the original election to create the district.
(j)  If a majority of the voters voting in the election favor excluding the territory from the district, the board shall enter an order declaring the territory excluded from the district and stating the new boundaries of the district.  The board shall file a copy of the order in the office of the county clerk of each county in which the district is located.  The county clerk of each affected county shall record the order in the county records.  After the order is recorded, the excluded territory is no longer a part of the district.
(k)  If a majority of the voters voting in the election do not favor excluding the territory, the board may not act on a petition to exclude all or part of the territory until the first anniversary of the date of the most recent election to exclude the territory from the district.
(l)  The exclusion of territory under this section does not diminish or impair the rights of the holders of any outstanding and unpaid bonds, warrants, or other obligations of the district.
(m)  Territory excluded under this section is not released from the payment of its pro rata share of the district's indebtedness.  The district shall continue to levy taxes each year on the excluded territory at the same rate levied on territory in the district until the taxes collected from the excluded territory equal its pro rata share of the indebtedness of the district at the time the territory was excluded.  The taxes collected under this subsection shall be applied exclusively to the payment of the excluded territory's pro rata share of the indebtedness.  The owner of all or part of the excluded territory may pay in full, at any time, the owner's share of the pro rata share of the district's indebtedness.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 271, eff. Sept. 1, 1991.