Tex. Water Code Section 49.3076
Exclusion for Failure to Provide Sufficient Services; Bonds Outstanding


(a)

The board of a district that has a total area of more than 10,000 acres shall call a hearing on the exclusion of land from the district on or before the 60th day after receiving a written petition filed with the secretary of the board by one or more owners of land more than half the acreage of which has been for more than 20 years included in and taxable by the district if any bonds issued by the district payable in whole or in part from taxes of the district are outstanding and the petition:

(1)

is signed by the owners of a majority of the acreage proposed to be excluded, as reflected by the most recent certified tax roll of the district;

(2)

includes a claim that the district does not provide the land with retail utility services;

(3)

describes the property to be excluded; and

(4)

provides facts necessary for the board to make the findings required by Subsection (b).

(a-1)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1392, Sec. 5, eff. September 1, 2013.

(b)

The board of a district shall exclude land under this section if:

(1)

the district does not provide retail utility service to the land described by the petition;

(2)

the district has imposed a tax on more than half the acreage of the land for at least 20 years; and

(3)

all taxes the district has levied and assessed against the land and all fees and assessments the district has imposed against the land or the owner that are due and payable on or before the date of the petition are fully paid.

(c)

Subject to Subsection (c-1), unless the district presents evidence at the hearing that conclusively demonstrates that the requirements and grounds for exclusion described by Subsection (a) have not been met, the board shall enter an order excluding the land from the district and shall redefine in the order the boundaries of the district to embrace all land not excluded.

(c-1)

If on or before the date of the exclusion hearing required by Subsection (a) the district and the owner or owners enter into an agreement for utility service to the land proposed to be excluded, the district is not required to enter an order excluding the land from the district. An owner of all or part of the land is not required to enter into a utility agreement that as of the date of the petition:

(1)

is not comparable economically or in the level of service provided to the land to the owner’s current source of utility service, as may be determined by the owner; or

(2)

does not include all utility services required to serve the land.

(d)

A copy of an order excluding land and redefining the boundaries of the district shall be filed in the deed records of each county in which the district is located and with the commission.

(e)

The exclusion of land under this section does not impair the rights of holders of any outstanding bonds, warrants, or other certificates of indebtedness of the district.

(f)

After any land is excluded under this section, the district may issue any unissued additional debt approved by the voters of the district before exclusion of the land under this section without holding a new election. Additional debt issued after land is excluded from the district may not be payable from taxes levied against and does not create a lien against the taxable value of the excluded land.

(g)

This section does not apply to irrigation districts governed by Chapter 58 (Irrigation Districts).

(g-1)

This section does not apply to a district:

(1)

whose primary activity is the wholesale supply of raw water and that has fewer than 500 retail customers; or

(2)

whose jurisdiction covers four counties and that was created under Section 59, Article XVI, Texas Constitution.

(h)

For purposes of this section and Section 49.3077 (Tax Liability of Excluded Land; Bonds Outstanding), “land” includes any improvements to the land, and when used in the context of property taxes, “land” has the meaning assigned to “real property” by Section 1.04 (Definitions), Tax Code.
Added by Acts 2003, 78th Leg., ch. 853, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1041 (H.B. 1207), Sec. 1, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1392 (H.B. 1324), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1392 (H.B. 1324), Sec. 5, eff. September 1, 2013.

Source: Section 49.3076 — Exclusion for Failure to Provide Sufficient Services; Bonds Outstanding, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­49.­htm#49.­3076 (accessed Mar. 23, 2024).

49.001
Definitions
49.002
Applicability
49.003
Penalty
49.004
Penalty for Violation of District Rules
49.010
Order or Act Creating District
49.011
Notice Applicable to Creation of a District by the Commission
49.051
Board of Directors
49.052
Disqualification of Directors
49.053
Quorum
49.054
Officers
49.055
Sworn Statement, Bond, and Oath of Office
49.056
General Manager
49.057
Management of District
49.058
Conflicts of Interest
49.059
Tax Assessor and Collector
49.060
Fees of Office
49.061
Seal
49.062
Offices and Meeting Places
49.063
Notice of Meetings
49.064
Meetings
49.065
Records
49.066
Suits
49.067
Contracts
49.068
Contracts with Governmental Agencies
49.069
Employee Benefits
49.070
Workers’ Compensation
49.071
District Name Change
49.072
Limitation on Future Employment
49.101
General
49.102
Confirmation and Director Election
49.103
Terms of Office of Directors
49.104
Alternative Election Procedures
49.105
Vacancies
49.106
Bond Elections
49.107
Operation and Maintenance Tax
49.108
Contract Elections
49.109
Agent During Election Period
49.110
Election Judge
49.111
Exemptions from Use of Accessible Voting Systems
49.112
Cancellation of Election
49.113
Notice for Filing for Place on Ballot
49.151
Expenditures
49.152
Purposes for Borrowing Money
49.153
Revenue Notes
49.154
Bond Anticipation Notes
49.155
Payment of Expenses
49.156
Depository
49.157
Investments
49.158
Fiscal Year
49.181
Authority of Commission over Issuance of District Bonds
49.182
Commission Supervision of Projects and Improvements
49.183
Bond Sales
49.184
Approval of Bonds by Attorney General
49.185
Exemptions
49.186
Authorized Investments
49.191
Duty to Audit
49.192
Form of Audit
49.193
Financial Reports
49.194
Filing of Audits, Affidavits, and Financial Reports
49.195
Review by Executive Director
49.196
Access to and Maintenance of District Records
49.197
Financially Dormant Districts
49.198
Audit Report Exemption
49.199
Policies and Audits of Districts
49.200
Review and Comment on Budget of Certain Districts
49.211
Powers
49.212
Fees and Charges
49.213
Authority to Issue Contracts
49.214
Conflicts of Interest in Contracts
49.215
Service to Areas Outside the District
49.216
Enforcement by Peace Officers
49.217
Operation of Certain Motor Vehicles on or near Public Facilities
49.218
Acquisition of Property
49.219
Acquisition of Existing Facilities
49.220
Right to Use Existing Rights-of-way
49.221
Right to Enter Land
49.222
Eminent Domain
49.223
Costs of Relocation of Property
49.224
Power to Condemn Cemeteries
49.225
Leases
49.226
Sale or Exchange of Real or Personal Property
49.227
Authority to Act Jointly
49.228
Damage to Property
49.229
Grants and Gifts
49.230
Area-wide Wastewater Treatment
49.231
Standby Fees
49.232
Laboratory and Environmental Services
49.233
Electric Generation, Transmission, and Distribution for Certain Districts
49.234
Prohibition of Certain Private On-site Facilities
49.235
District Act or Proceeding Presumed Valid
49.236
Notice of Tax Hearing
49.237
District Consent Requirement
49.238
Irrigation Systems
49.239
Cooperative Flood Control
49.271
Contracts for Construction Work
49.272
Reports Furnished to Prospective Bidders
49.273
Contract Award
49.274
Emergency Approval of District Projects
49.275
Contractor’s Bond
49.276
Payment for Construction Work
49.277
Inspection of and Reports on Construction Work
49.278
Nonapplicability
49.279
Prevailing Wage Rates
49.301
Adding Land by Petition of Landowner
49.302
Adding Land by Petition of Less than All the Landowners
49.303
Excluding Land or Other Property from District
49.304
Hearing to Announce Proposed Exclusions and to Receive Petitions
49.305
Petition
49.306
Grounds for Exclusion
49.307
Hearing and Order Excluding Land
49.308
Suit to Review Exclusion
49.309
Exclusion of Nonirrigated Property
49.310
Authority to Exclude Land
49.311
Consent from Holders of Indebtedness
49.312
Results of Exclusion
49.313
District Facilities on Excluded Property
49.314
Water Allocations
49.315
Adding and Excluding Land Before Confirmation
49.316
Division of District
49.321
Dissolution Authority
49.322
Notice of Hearing
49.323
Investigation
49.324
Order of Dissolution
49.325
Certified Copy of Order
49.326
Appeals
49.327
Assets Escheat to State
49.351
Fire Departments
49.352
Municipal System in Unserved Area
49.353
Municipal Contract for Fire-fighting Services in Certain Counties
49.451
Posting Signs in the District
49.452
Notice to Purchasers
49.453
Notice Form from District
49.454
Notice of Unpaid Standby Fees
49.455
Filing Information
49.456
Bankruptcy of Districts
49.461
Policy and Purpose
49.462
Definitions
49.463
Authorization of Recreational Facilities
49.464
Acquisition of and Payment for Recreational Facilities
49.465
Standards
49.466
Commission Rules
49.501
Definition
49.502
Applicability
49.503
Petition by Municipal Water Supplier to Convert Water Use After Subdivision
49.504
Effect of Municipal Water Supplier’s Failure to File a Petition
49.505
Calculation of Proportionate Water Rights
49.506
Provision or Conversion of Proportionate Water Rights by District
49.507
Contract to Purchase Proportionate Water Rights
49.508
Contract to Use Proportionate Water Rights
49.509
Duty of Rio Grande Regional Water Authority to Calculate Current Market Value
49.510
Accounting for Sale of Water Rights
49.511
Capital Improvements
49.512
Map of Service Area
49.0631
District Information on Water Bill
49.1025
Qualified Voters in Confirmation Election
49.1045
Certification of Election Results in Less Populous Districts
49.1571
Investment Officer
49.1991
Efficiency Review of River Authorities
49.2121
Acceptance of Credit Cards
49.2122
Establishment of Customer Classes
49.2125
Fees and Other Charges of Certain Regional Water Authorities After Annexation
49.2127
Pipeline Fees and Requirements Imposed by Certain Districts
49.2145
Use of Money Received Under Certain Contracts
49.2261
Purchase, Sale, or Other Exchange of Water or Water Rights
49.2291
Donations for Economic Development
49.2731
Procedures for Electronic Bids
49.3075
Exclusion for Failure to Provide Sufficient Services
49.3076
Exclusion for Failure to Provide Sufficient Services
49.3077
Tax Liability of Excluded Land
49.3078
Petition for Exclusion: Additional Duties
49.3181
Definitions
49.3182
Conditions for Exclusion of Urban Property
49.3183
Application for Exclusion
49.3184
Consideration of Application
49.3185
Determination of Proportionate Amount of Indebtedness
49.3186
Deadline for Payment of Amounts Due
49.3187
Notice and Hearing
49.3188
Resolution Excluding Urban Property or Rejecting Application
49.3189
Conversion of Water Rights
49.3225
Order Without Hearing
49.4521
Prescribed Notice to Purchasers
49.4641
Recreational Facilities on Sites Acquired for Water, Sewer, or Drainage Facilities
49.4645
District in Certain Counties: Bonds for Recreational Facilities
49.23601
Automatic Election to Approve Tax Rate for Low Tax Rate Districts
49.23602
Automatic Election to Approve Tax Rate for Certain Developed Districts
49.23603
Petition Election to Reduce Tax Rate for Certain Districts

Accessed:
Mar. 23, 2024

§ 49.3076’s source at texas​.gov