Tex.
Spec. Dist. Local Laws Code Section 8096.0205
Division of District
(a)
The district may be divided into two or more new districts only if the district:(1)
has never issued any bonds; 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 not, at the time the new district is created, contain any land outside the area of the district as it existed on January 1, 2019.(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 49.102 (Confirmation and Director Election), Water Code, to confirm the creation of the district.(f)
An order dividing the district shall:(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 commission 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 confirmation and directors’ election as required by Section 49.102 (Confirmation and Director Election), Water Code.(i)
If the creation of the new district is confirmed, the new district shall provide the election date and results to the Texas Commission on Environmental Quality.(j)
Any new district created by the division of the district must hold an election as required by Section 49.107 (Operation and Maintenance Tax), Water Code, and 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.
Source:
Section 8096.0205 — Division of District, https://statutes.capitol.texas.gov/Docs/SD/htm/SD.8096.htm#8096.0205 (accessed Apr. 29, 2024).
