Tex.
Health & Safety Code Section 775.205
Effect of Adoption of Agreement and Approval of Exclusion
(a)
After adoption and approval under Section 775.204 (Adoption of Agreement and Approval of Exclusion), the district’s tax on the property in the excluded territory continues until all agreed compensation has been paid in full.(b)
The district shall apply the compensation received under this section toward the payment of the obligations described by Subsection (c).(c)
The agreement must provide for the excluded territory to compensate the district in an amount equal to the excluded territory’s pro rata share of the outstanding and unpaid bonds, warrants, or other direct and indirect obligations, including loans and lease-purchase agreements and written funding assistance agreements of the district and any not-for-profit fire departments and ambulance agencies or associations, for the financing and payment for firefighting, emergency medical service and emergency rescue equipment, fire and ambulance stations, or similar long-term capital assets to serve the district.(d)
The excluded territory’s pro rata share is the unpaid principal balances of the outstanding loans and other obligations enumerated by Subsection (c) multiplied by a fraction, the numerator of which is the taxable value of the property in the excluded territory and the denominator of which is the taxable value of the entire district, including the excluded territory. The taxable value calculated under this subsection for property in the excluded territory, including as part of the entire district, does not include any special appraisal or exemptions for the property.(e)
The agreement to compensate the district does not include the following expenses incurred by the district after the boundaries change:(1)
expenses for district operations and maintenance; and(2)
expenses for district services.(f)
The agreement to compensate the district is required regardless of whether the loans and other obligations are subject to non-appropriation by the district or termination by either party before payment in full of the unpaid principal balance.
Source:
Section 775.205 — Effect of Adoption of Agreement and Approval of Exclusion, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.775.htm#775.205 (accessed Jun. 5, 2024).
