Texas Water Code
Sec. § 49.3077
Tax Liability of Excluded Land; Bonds Outstanding


(a)

In this section:

(1)

“Adjusted gross value” means the gross assessed value of property, as of January 1, including land, improvements, and personal property, as determined by the appraisal district for the tax year in which the determination is made, reduced by any state-mandated exemptions but not reduced for any exemptions from taxation that are within the discretion of the governing body of the district.

(2)

“Carry costs” means interest calculated at an annual rate equal to the weighted average interest rate of the district debt that accrues on the excluded land’s share of the district debt, with reductions for prior payments, from the later of the exclusion date or the last interest payment date for district debt for which district taxes have been levied and collected to the earlier of:

(A)

the date of the final interest payment on district debt before the next delinquency for the district’s tax collection; or

(B)

the earliest dates on which an aggregate amount of district obligations equal to the district debt may be paid at maturity or redeemed at the option of the district, provided the amount is paid in advance of any future district tax levy, using the redemption dates available for the district’s outstanding obligations as of the exclusion date.

(3)

“District debt” means the principal outstanding from time to time of the tax-supported debt of the district outstanding on the exclusion date, including debt used to refund district debt outstanding on the exclusion date.

(4)

“Excluded land” means land that is excluded from a district under Section 49.3076 (Exclusion for Failure to Provide Sufficient Services; Bonds Outstanding).

(5)

“Excluded land payment” means, with respect to excluded land, the sum of the excluded land’s share of district debt plus the carry costs, less any taxes collected by the district under Subsection (b).

(6)

“Excluded land’s share of district debt” means the portion of the district debt that is calculated by multiplying the district debt by a fraction the numerator of which is the adjusted gross value of the excluded land on the exclusion date and the denominator of which is the adjusted gross value of all property in the district on the exclusion date.

(7)

“Exclusion date” means the date that the owner files the petition requesting that the excluded land be excluded from the district with the district secretary.

(8)

“Termination date” means the earlier of:

(A)

the date on which the amount of taxes collected from the excluded land equals the excluded land payment; or

(B)

the date on which the excluded land payment is made in full.

(b)

Excluded land that has been pledged as security for any outstanding debt of the district remains pledged for the excluded land’s share of district debt until the excluded land payment is paid. A district is entitled to continue to levy and collect debt service taxes on the excluded land until the termination date at the same rate those taxes are levied on the land remaining in the district. From the exclusion date to the termination date, the excluded land remains in the district for the limited purpose of assessment and collection of such taxes. After the termination date, the excluded land is excluded from the district for all purposes, and the district may not levy any further tax on the excluded land.

(c)

The district shall apply the taxes collected on the excluded land only to payment of the excluded land payment, which shall be reduced by the amount of taxes collected.

(d)

A person is entitled to pay to the district the excluded land payment, in whole or in part, at any time on or after the exclusion date by delivering payment to the district tax assessor-collector. If partial payment is made, the payment is credited first against all carry costs due and owing, and any remainder is credited against the excluded land’s share of district debt. After a partial payment, carry costs must be calculated and assessed and collected only on the remaining excluded land’s share of district debt.
Added by Acts 2003, 78th Leg., ch. 853, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1392 (H.B. 1324), Sec. 2, eff. September 1, 2013.
Source
Last accessed
May. 12, 2021