reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. Annexation or Exclusion of Land › Section 49.316. Division of District

Sec. 49.316.  DIVISION OF DISTRICT.  (a)  The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.
(b)  An order dividing a district may create one or more new districts and may provide for the continuation of the district.
(c)  An order dividing the district shall:
(1)  name any new district;
(2)  include the metes and bounds description of the territory of each of the districts;
(3)  appoint temporary directors for any new district; and
(4)  provide for the division of assets and liabilities between the districts.
(d)  The board may adopt an order dividing the district before or after the date the board holds an election to confirm the district's creation.
(e)  The district may be divided only if the district:
(1)  has never issued any bonds; and
(2)  is not imposing ad valorem taxes.
(f)  A new district created by the division of the district may not, at the time the new district is created, contain any land outside the area of the district at the time of creation.
(g)  On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.
(h)  A new district created by the division of the district shall hold a confirmation and directors' election.
(i)  If the creation of a new district is confirmed, the new district shall provide the election date and results to the commission.
(j)  A new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
(k)  Municipal consent to the creation of the district and to the inclusion of land in the district acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.
(l)  The district may continue to rely on confirmation, directors', bond, and tax elections held before the division.
Added by Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 20, eff. June 18, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3181. Definitions

Sec. 49.3181.  DEFINITIONS.  As used in this subchapter:
(1)  "District" means any district or authority created under Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, the principal purpose of which is, or that is principally engaged in, supplying water for the irrigation of agricultural lands.
(2)  "Urban property" means land that:
(A)  has been subdivided into town lots, town lots and blocks, or small parcels of the same general nature as town lots or town lots and blocks and is designed, intended, or suitable for residential or other nonagricultural purposes, as distinguished from farm acreage, and includes streets, alleys, parkways, parks, and railroad property and rights-of-way within that subdivided land; and
(B)  is in a subdivision:
(i)  that is within the corporate limits or extraterritorial jurisdiction of a municipality that has subdivision approval jurisdiction under Chapter 212, Local Government Code; and
(ii)  for which a plat or map has been filed and recorded in the office of the county clerk of the county in which the subdivision or any part of the subdivision is located.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3182. Conditions for Exclusion of Urban Property

Sec. 49.3182.  CONDITIONS FOR EXCLUSION OF URBAN PROPERTY.  Urban property that is located in a district may be excluded from the district as provided by this subchapter only after the following have been paid to the district:
(1)  all taxes, assessments, and other charges of the district accrued on the property to be excluded, together with all interest and penalties accrued on those taxes, assessments, and charges;
(2)  the proportionate part of the outstanding bonded indebtedness or indebtedness in connection with a loan from an agency of the United States for which the property proposed to be excluded is liable, as determined under this subchapter; and
(3)  agreement on a reasonable determined amount to be paid by the municipality or other supplier of potable water to compensate the district for loss of revenue occasioned by the exclusion.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3183. Application for Exclusion

Sec. 49.3183.  APPLICATION FOR EXCLUSION.  (a)  The owner or owners of urban property in a district and subject to taxation by the district, and on which all amounts due the district under Section 49.3182(1) have been paid, may file a written and sworn application with the district to exclude that property from the district.
(b)  The application must:
(1)  include a sworn acknowledgment by the owner or owners of the property;
(2)  describe the property to be excluded by identifying the lot or block number of the subdivision and the name or designation of the subdivision as shown on the recorded plat of the subdivision, or by some other method of identification; and
(3)  state that the property is used or intended to be used for the purposes for which it was subdivided and is not used or intended to be used, wholly or partly, for agricultural purposes.
(c)  A copy of the recorded map or plat of the subdivision must accompany the application and must clearly delineate the part of the subdivision, if less than the whole, to be excluded from the district.
(d)  The applicant must also provide the district with evidence satisfactory to, or required by, the board of the applicant's:
(1)  ownership of the property proposed to be excluded; and
(2)  right to have the property excluded from the district.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3184. Consideration of Application

Sec. 49.3184.  CONSIDERATION OF APPLICATION.  (a)  As soon as practicable after an application is filed, the board shall consider the application and inquire into all the facts relating to the application that the board considers necessary for determining whether a public hearing on the application should be held.
(b)  After consideration and investigation, the board shall adopt an order approving further consideration of the application if the board finds that:
(1)  all amounts due the district under Section 49.3182(1) up to the date of the filing of the application have been paid;
(2)  the property described in the application:
(A)  is owned by the applicant;
(B)  is urban property and is not used or intended to be used for agricultural purposes; and
(C)  will require a source of treated potable water from the municipality in which the subdivision is located; and
(3)  the exclusion of the property will not cut off the district or its facilities from ready and convenient access to other land remaining in the district for irrigation or other district purposes.
(c)  If the board is unable to make any one of the findings under Subsection (b), it shall adopt a resolution rejecting the application.
(d)  A resolution of the board rejecting an application is final and not subject to review by any other body, tribunal, or authority.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3185. Determination of Proportionate Amount of Indebtedness

Sec. 49.3185.  DETERMINATION OF PROPORTIONATE AMOUNT OF INDEBTEDNESS.  (a)  If the board approves further consideration of an application, the board shall determine the proportionate amount of the bonded or contractual indebtedness for which the property to be excluded is liable as provided by this section.
(b)  If the district has outstanding bonded indebtedness, the board shall obtain from the chief appraiser a certified copy of the appraised value of all the property to be excluded for the five years preceding the year in which the application is filed, as shown by the tax rolls of the district, and the appraised value of all taxable property in the district according to the most recent tax rolls of the district.  The part of the district's total outstanding bonded indebtedness to be paid by the applicant as a condition precedent to the exclusion of the property is that proportion of the indebtedness, including unpaid interest computed to the date of the order, that the appraised value of the property to be excluded bears to the appraised value of all taxable property in the district according to the most recent tax rolls.
(c)  If the district has contractual or other indebtedness being repaid on the benefit tax basis, the board shall obtain from the appropriate records the manner in which the tax is assessed, and from those records the district shall calculate the part of the total outstanding indebtedness of the district remaining to be paid that is attributable to the property to be excluded.
(d)  The order of the board approving further consideration of the application must also state the amounts required to be paid under Section 49.3182 as a condition of the exclusion of the property.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3186. Deadline for Payment of Amounts Due

Sec. 49.3186.  DEADLINE FOR PAYMENT OF AMOUNTS DUE.  The order of the board approving further consideration of the application has no force or effect and no further proceeding may be held on the application unless the applicant deposits with the district the amounts due under Section 49.3182 not later than:
(1)  the 20th day after the date on which the order was adopted; or
(2)  the expiration of a period not to exceed 30 days after the date on which the order was adopted as ordered by the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3187. Notice and Hearing

Sec. 49.3187.  NOTICE AND HEARING.  (a)  If the deposit is made within the time provided by Section 49.3186, the board shall order a public hearing to be held on the application at the regular office of the district not less than 15 or more than 30 days after the date of the hearing order.
(b)  The board shall have notice of the hearing posted in a conspicuous place in the office of the district and at the courthouse of the county in which the property proposed to be excluded is situated.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3188. Resolution Excluding Urban Property or Rejecting Application; Effects of Exclusion

Sec. 49.3188.  RESOLUTION EXCLUDING URBAN PROPERTY OR REJECTING APPLICATION; EFFECTS OF EXCLUSION.  (a)  If, as a result of a hearing ordered under Section 49.3187, the board finds that the owners of a majority in acreage of the urban property do not desire irrigation of that property or that the urban property is not used or intended to be used for agricultural purposes, the board shall adopt a resolution setting forth those findings and excluding the urban property or the part of the urban property as to which the findings are made.
(b)  If any canals, ditches, pipelines, pumps, or other facilities of the district are located on land excluded under the resolution, the exclusion does not affect or interfere with any district rights to maintain and continue operation of the facilities as located to service land remaining in the district.
(c)  A copy of the resolution excluding urban property from the district certified to and acknowledged by the secretary of the board must be recorded by the district in the deed records of the county in which the excluded property is located as evidence of the exclusion.
(d)  On the passage of the resolution:
(1)  the property excluded does not constitute a part of the district; and
(2)  the owner of the excluded property:
(A)  has no further liability to the district or for any bonded or other indebtedness of the district; and
(B)  is not subject to further taxation by the district.
(e)  If the board determines from the hearing that for any reason the application should not be granted, the board shall adopt a resolution rejecting the application, and the deposit made by the applicant is subject to withdrawal by the applicant or on the board's order.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter J. -1. Exclusion of Urban Property From Certain Water Districts › Section 49.3189. Conversion of Water Rights

Sec. 49.3189.  CONVERSION OF WATER RIGHTS.  After a district excludes land from the district's territory under this subchapter, the municipality or other municipal supplier that proposes to serve the land with a potable water supply may petition the district to convert the proportionate water rights previously allocated for the land from irrigation use rights to municipal use rights for the use and benefit of the municipality or other municipal supplier.  The district shall compute the proportionate water rights available and shall initiate administrative proceedings to convert the irrigation use rights to municipal use rights.  Before the district is obligated to initiate the administrative proceedings, the municipality or other municipal supplier must deposit with the district the amount that the district estimates the district will incur as reasonable expenses and attorney's fees in those proceedings.  On approval of the conversion by the commission, the district shall deliver the water to the municipality or other municipal supplier in the manner those entities may agree to under this code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.321. Dissolution Authority

Sec. 49.321.  DISSOLUTION AUTHORITY.  After notice and hearing, the commission may dissolve any district that is inactive for a period of five consecutive years and has no outstanding bonded indebtedness.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.322. Notice of Hearing

Sec. 49.322.  NOTICE OF HEARING.  (a)  The commission shall give notice of the dissolution hearing that briefly describes the reasons for the proceeding.
(b)  The notice shall be published once each week for two consecutive weeks before the day of hearing in a newspaper having general circulation in the county or counties in which the district is located.  The first publication shall be 30 days before the day of the hearing.
(c)  The commission shall give notice of the hearing by first class mail addressed to the directors of the district according to the last record on file with the executive director.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.3225. Order Without Hearing

Sec. 49.3225.  ORDER WITHOUT HEARING.  (a)  The commission may adopt an order under Section 49.324 without conducting a hearing if it receives a petition under this section from:
(1)  the owners of the majority in value of the land in the district, as shown by the most recent certified tax roll of the central appraisal district of the county or counties in which the district is located; or
(2)  the board of directors of the district.
(b)  Not later than the 10th day after the date a petition is submitted under Subsection (a), the petitioners shall:
(1)  provide notice of the petition by certified mail:
(A)  to all the landowners in the district, as shown by the most recent certified tax roll of the central appraisal district of the county or counties in which the district is located, who did not sign the petition; and
(B)  if the petition was submitted by persons described by Subsection (a)(1), to the board of directors; and
(2)  certify in writing to the commission that the requirements of Subdivision (1) have been met.
(c)  A notice provided under Subsection (b)(1) must state that the landowner may file a written objection to the dissolution of the district not later than the 30th day after the date the notice was received.
(d)  If a landowner files a written objection to the dissolution of the district with the commission within the period specified in the notice, the commission shall hold a hearing on the dissolution of the district.  The commission shall mail notice of the hearing by first class mail to:
(1)  the petitioners, and the board of directors if the board of directors did not submit the petition; and
(2)  each landowner who timely filed a written objection to the dissolution.
(e)  A district may not be dissolved under this section or any other provision of law if the district:
(1)  has any outstanding bonded indebtedness unless the bonded indebtedness is assumed by a third party, or repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2)  has a contractual obligation to pay money unless the obligation is assumed by a third party, fully paid in accordance with the contract, or waived by the obligee; or
(3)  owns, operates, or maintains public works, facilities, or improvements, unless the ownership, operation, or maintenance is assumed by a third party.
Added by Acts 2019, 86th Leg., R.S., Ch. 539 (H.B. 2914), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.323. Investigation

Sec. 49.323.  INVESTIGATION.  The executive director shall investigate the facts and circumstances of the district to be dissolved and the result of the investigation shall be included in a written report.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.324. Order of Dissolution

Sec. 49.324.  ORDER OF DISSOLUTION.  The commission may enter an order dissolving the district at the conclusion of the hearing if it finds that the district has performed none of the functions for which it was created for a period of five consecutive years before the day of the proceeding and that the district has no outstanding bonded indebtedness.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.325. Certified Copy of Order

Sec. 49.325.  CERTIFIED COPY OF ORDER.  The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in which the district is located.  If the particular district was created by a special Act of the legislature, the commission shall file a certified copy of the order of dissolution with the secretary of state.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.326. Appeals

Sec. 49.326.  APPEALS.  (a)  Appeals from a commission order dissolving a district shall be filed and heard in the district court of any of the counties in which the land is located.
(b)  The trial on appeal shall be de novo and the substantial evidence rule shall not apply.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter K. Dissolution › Section 49.327. Assets Escheat to State

Sec. 49.327.  ASSETS ESCHEAT TO STATE.  Upon the dissolution of a district by the commission, all assets of the district shall escheat to the State of Texas.  The assets shall be administered by the comptroller and shall be disposed of in the manner provided by Chapter 74, Property Code.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 20.11, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter L. Fire Departments › Section 49.352. Municipal System in Unserved Area

Sec. 49.352.  MUNICIPAL SYSTEM IN UNSERVED AREA.  (a)  This section applies only to a home-rule municipality that:
(1)  is located in a county with a population of more than 1.75 million that is adjacent to a county with a population of more than 1 million;  and
(2)  has within its boundaries a part of a district.
(b)  If a district does not establish a fire department under this subchapter, a municipality that contains a part of the district inside its boundaries may by ordinance or resolution provide that a water system be constructed or extended into the area that is in both the municipality and the district for the delivery of potable water for fire flow that is sufficient to support the placement of fire hydrants and the connection of the water system to fire suppression equipment.
(c)  For purposes of this section, a municipality may obtain single certification in the manner provided by Section 13.255, except that the municipality may file an application with the Public Utility Commission of Texas to grant single certification immediately after the municipality provides notice of intent to provide service as required by Section 13.255(b).
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 6.33, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.86, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 86, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter L. Fire Departments › Section 49.353. Municipal Contract for Fire-Fighting Services in Certain Counties

Sec. 49.353.  MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES IN CERTAIN COUNTIES.  (a)  In this section, "fire-fighting services" has the meaning assigned by Section 49.351.
(b)  This section applies only to a district:
(1)  located wholly or partly in a county with a population of more than 3.3 million; and
(2)  in whose territory an emergency services district that provides fire-fighting services to all or part of the district is wholly or partly located.
(c)  Notwithstanding Section 43.0751(f)(2)(B)(iii), Local Government Code, as part of a strategic partnership agreement entered into on or before December 31, 2006, under Section 43.0751, Local Government Code, a district may contract with a municipality whose fire department, on the date the agreement is entered into, has an Insurance Services Office (ISO) Class 1 Public Protection Classification Rating or comparable rating recognized by the state fire marshal for the provision of fire-fighting services to all or part of the district's territory, without the authorization of the emergency services district that provides fire-fighting services to the district immediately before the date on which the agreement takes effect.
(d)  If a district enters into a strategic partnership agreement with a municipality that includes the provision of fire-fighting services under this section, the territory of the district annexed by the municipality for limited purposes and to be served by the municipality under the agreement shall be disannexed from the emergency services district in the manner provided by Section 775.022, Health and Safety Code, for territory that is annexed by a municipality for full purposes.
(e)  This section does not apply to a strategic partnership agreement that is:
(1)  entered into after December 31, 2006; or
(2)  amended after December 31, 2006, to include the provision of fire-fighting services.
Added by Acts 2009, 81st Leg., R.S., Ch. 671 (H.B. 2348), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter M. Notices, Reports, and Bankruptcy › Section 49.451. Posting Signs in the District

Sec. 49.451.  POSTING SIGNS IN THE DISTRICT.  (a)  A district subject to the notice requirements of Section 49.452 shall, within 30 days after the effective date of this section or the creation of the district, post signs indicating the existence of the district at two principal entrances to the district.
(b)  The size and exact location of the information contained on the signs shall be determined by the executive director.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter M. Notices, Reports, and Bankruptcy › Section 49.453. Notice Form From District

Sec. 49.453.  NOTICE FORM FROM DISTRICT.  (a)  A district covered by Section 49.452 shall also maintain in the district office the particular form of Notice to Purchasers required by Section 49.452 to be furnished by a seller to a purchaser of real property in that district and shall, upon written request of any person, issue the notice form completed by a district with all information required to be furnished by the district.  A notice form issued by a district under the provisions of this section shall include a written statement that the notice form is being issued by the district, the date of its issuance, and the district's telephone number.  A district shall not be required to orally provide the information.
(b)  A district may charge a reasonable fee as determined by the district not to exceed $10 for the issuance of a notice form pursuant to Subsection (a).  The notice form shall be delivered by regular mail or made available at the district's office.  If a district is requested to deliver the notice form to a person by an alternative method, the district may impose a charge not to exceed the actual cost of such delivery.
(c)  A district may delegate the responsibility for issuance of the particular form of Notice to Purchasers to an employee or agent of the district.  A district shall file with the commission the name, address, and telephone number of the employee or agent of the district responsible for issuance of the notice forms and shall notify the commission in writing within seven days after there is a change to the information required to be filed with the commission under the provisions of this subsection.
(d)  Any notice issued by the district shall contain the information effective as of the date of its issuance.
(e)  A district required to maintain an Internet website or have access to a generally accessible Internet website under Section 26.18, Tax Code, shall post or create a process for posting the district's notice to purchasers under Section 49.4521 on the applicable Internet website.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 23, eff. June 18, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1010 (H.B. 2816), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter M. Notices, Reports, and Bankruptcy › Section 49.454. Notice of Unpaid Standby Fees

Sec. 49.454.  NOTICE OF UNPAID STANDBY FEES.  (a)  A district covered by Section 49.452 shall, on the written request of any person, issue a certificate stating the amount of any unpaid standby fees, including interest on the fees, that have been assessed against a tract of property in the district.  The district may charge a fee not to exceed $10 for each certificate.  A certificate issued through fraud or collusion is void.
(b)  If the district issues a certificate containing an erroneous statement under Subsection (a) and the owner of the property transfers the property to a good faith purchaser for value, the lien on the property provided by Section 49.231(k) is extinguished to the extent of the error.
(c)  This section does not affect the liability for any unpaid standby fees of the former owner of the undeveloped property under Section 49.231(k).
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter M. Notices, Reports, and Bankruptcy › Section 49.456. Bankruptcy of Districts; Authority of Commission

Sec. 49.456.  BANKRUPTCY OF DISTRICTS;  AUTHORITY OF COMMISSION.  (a)  Notwithstanding Section 140.001, Local Government Code, or any other law of this state, a district created under Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, that is subject to the continuing supervision of the commission may not proceed under Chapter 9 of the Federal Bankruptcy Code (11 U.S.C. Sections 901-946) or any other law enacted by the Congress of the United States under federal bankruptcy authority until the commission authorizes the district to proceed under those laws by written order.
(b)  A district requesting the commission's authorization to proceed under Chapter 9 of the Federal Bankruptcy Code (11 U.S.C. Sections 901-946) or any other federal bankruptcy law shall file an application with the commission requesting authorization.
(c)  The commission shall investigate the financial condition of a district submitting an application under Subsection (b), including its assets, liabilities, and sources of revenues and may require a district to submit any information that the commission considers material to a determination of whether authorization to proceed in bankruptcy should be granted.
(d)  The commission may not authorize a district to proceed in bankruptcy unless the commission determines that the district cannot, through the full exercise of its rights and powers under the laws of this state, reasonably expect to meet its debts and other obligations as they mature.
(e)  The commission shall adopt and assess reasonable and necessary fees adequate to recover the costs of the commission in administering this section.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.461. Policy and Purpose

Sec. 49.461.  POLICY AND PURPOSE.  (a)  The legislature finds that:
(1)  the provision of parks and recreational facilities is necessary and desirable for the health and well-being of the people of this state;  and
(2)  it is the policy of the state and the purpose of this subchapter to encourage persons in districts to provide parks and recreational facilities for their use and benefit.
(b)  Repealed by Acts 2003, 78th Leg., ch. 343, Sec. 8.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 24, eff. June 17, 2001.  Amended by Acts 2003, 78th Leg., ch. 343, Sec. 3, 8, eff. Sept. 13, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.462. Definitions

Sec. 49.462.  DEFINITIONS.  In this subchapter:
(1)  "Recreational facilities" means parks, landscaping, parkways, greenbelts, sidewalks, trails, public right-of-way beautification projects, and recreational equipment and facilities.  The term includes associated street and security lighting.  The term does not include a minor improvement or beautification project to land acquired or to be acquired as part of a district's water, sewer, or drainage facilities.
(2)  "Develop and maintain" means to acquire, own, develop, construct, improve, manage, maintain, and operate.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 24, eff. June 17, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.463. Authorization of Recreational Facilities

Sec. 49.463.  AUTHORIZATION OF RECREATIONAL FACILITIES.  In addition to the other purposes for which a district is created, a district is created for the purpose of financing, developing, and maintaining recreational facilities for the people in the district.  A district may accomplish this purpose as provided in this subchapter.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 24, eff. June 17, 2001.  Amended by Acts 2003, 78th Leg., ch. 343, Sec. 4, eff. Sept. 13, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.464. Acquisition of and Payment for Recreational Facilities

Sec. 49.464.  ACQUISITION OF AND PAYMENT FOR RECREATIONAL FACILITIES.  (a)  Except as provided by Section 49.4645, a district may not issue bonds supported by ad valorem taxes to pay for the development and maintenance of recreational facilities.
(b)  Except as provided by Subsection (a), a district may acquire recreational facilities and obtain funds to develop and maintain them in the same manner as authorized elsewhere in this code for the acquisition, development, and maintenance of other district facilities.  A district may charge fees directly to the users of recreational facilities and to water and wastewater customers of the district to pay for all or part of the cost of their development and maintenance.  To enforce payment of an unpaid fee charged under this subsection, the district may:
(1)  seek legal restitution of the unpaid fee;  and
(2)  refuse use of a recreational facility to the person who owes the unpaid fee.
(c)  The district may not refuse use of facilities or services other than recreational facilities to enforce an unpaid fee.
(d)  A district may issue bonds payable solely from revenues by resolution or order of the board without an election.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 24, eff. June 17, 2001.  Amended by Acts 2003, 78th Leg., ch. 343, Sec. 5, eff. Sept. 13, 2003.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.4641. Recreational Facilities on Sites Acquired for Water, Sewer, or Drainage Facilities

Sec. 49.4641.  RECREATIONAL FACILITIES ON SITES ACQUIRED FOR WATER, SEWER, OR DRAINAGE FACILITIES.  (a)  A district may develop and maintain recreational facilities on a site acquired for the purpose of developing water, sewer, or drainage facilities.
(b)  A district is not required to prorate the costs of a site described by Subsection (a) between the primary water, sewer, or drainage purpose and any secondary recreational facilities purpose if a licensed professional engineer certifies that the site is reasonably sized for the intended water, sewer, or drainage purpose.
(c)  The engineer may consider the following factors in determining the reasonableness of the size of a water, sewer, or drainage site:
(1)  the rules, regulations, and design guidelines or criteria of a municipality, county, or other entity exercising jurisdiction;
(2)  sound engineering principles;
(3)  the impact on adjoining property;
(4)  the availability of sites that meet the requirements for the proposed use;
(5)  requirements for sanitary control;
(6)  the need for a buffer zone to mitigate noise or for aesthetic purposes;
(7)  benefits to storm water quality; and
(8)  anticipated expansions of facilities resulting from:
(A)  future growth and demand for district facilities; or
(B)  changes in regulatory requirements.
Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 22, eff. September 1, 2013.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.465. Standards

Sec. 49.465.  STANDARDS.  The board by rule shall establish standards for recreational facilities to be developed and maintained by a district and for the allocation of a district's funds for developing and maintaining recreational facilities in relation to a district's financial requirements for other purposes.  To prevent duplication of recreational facilities provided by other governmental entities, rules adopted by the board under this section must require a district, before developing recreational facilities, to make findings that the size and location of the facilities have been established in consideration of municipal or county recreational facilities, whether existing or proposed, that serve or will serve the area in which the district is located.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 24, eff. June 17, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 49 - Provisions Applicable to All Districts › Subchapter N. Recreational Facilities › Section 49.466. Commission Rules

Sec. 49.466.  COMMISSION RULES.  (a)  The commission shall adopt rules regarding the provision and financing of recreational facilities funded through the issuance of bonds that are supported by ad valorem taxes.
(b)  The commission rules shall:
(1)  emphasize the primary goal of financing water, sewer, and drainage facilities to serve the district;
(2)  emphasize and encourage the secondary goal of financing recreational facilities;  and
(3)  encourage the conveyance of land to be used for recreational facilities.
Added by Acts 2003, 78th Leg., ch. 343, Sec. 7, eff. Sept. 13, 2003.