Tex.
Spec. Dist. Local Laws Code Section 3982.0314
Division of District
(a)
The district may be divided into two or more new districts only if the district:(1)
has no outstanding bonded debt; and(2)
is not imposing ad valorem taxes.(b)
This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.(c)
Any new district created by the division of the district may, at the time the new district is created, contain only:(1)
land within the area described by Section 2 of the Act enacting this chapter; or(2)
any land adjacent to the area described by Section 2 of the Act enacting this chapter if that adjacent land is:(A)
not within the extraterritorial jurisdiction of a municipality; or(B)
within the extraterritorial jurisdiction of a municipality and that adjacent land has been approved for inclusion in the district under an ordinance or resolution adopted by the municipality consenting to the inclusion.(d)
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.(e)
The board may adopt an order dividing the district before or after the date the board holds an election under Section 3982.0204 (Temporary Directors) to elect the district’s permanent directors.(f)
An order dividing the district must:(1)
name each new district;(2)
include the metes and bounds description of the territory of each new district;(3)
appoint temporary directors for each new district; and(4)
provide for the division of assets and liabilities between or among the new districts.(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 Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.(h)
Any new district created by the division of the district shall hold a permanent directors’ election as required by Section 3982.0204 (Temporary Directors).(i)
Municipal consent by a municipality is not required for the creation of any new district created under this section.(j)
Any 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 or sales and use taxes.(k)
If the voters of a new district do not confirm the creation of the new district, the assets, obligations, territory, and governance of the new district revert to that of the original district.
Source:
Section 3982.0314 — Division of District, https://statutes.capitol.texas.gov/Docs/SD/htm/SD.3982.htm#3982.0314 (accessed Jun. 5, 2024).
