Texas Special District Local Laws Code
Sec. § 8306.109
Division of District

(a)

The district may be divided into two or more new districts only if:

(1)

the district has no outstanding bonded debt;

(2)

the district is not imposing ad valorem taxes; and

(3)

the requirements of Subsection (i) are satisfied.

(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 described by Section 2 of the Act creating this chapter.

(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 8306.003 (Confirmation and Directors’ Election Required) to confirm the district’s creation.

(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 8306.003 (Confirmation and Directors’ Election Required).

(i)

If the district is located wholly or partly in the corporate limits or the extraterritorial jurisdiction of a municipality, the district may not divide under this section unless the municipality by resolution or ordinance first consents to the division of the district. If the district is not located wholly or partly in the corporate limits or the extraterritorial jurisdiction of a municipality, the district may not divide under this section unless the commissioners court of each county in which the district is wholly or partly located first adopts a resolution or order in support of the division of the district.

(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 649 (H.B. 1841), Sec. 1, eff. June 19, 2009.
Source
Tex. Legislature
Last accessed
Apr. 12, 2021
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