Tex. Water Code Section 49.3188
Resolution Excluding Urban Property or Rejecting Application; Effects of Exclusion

(a)

If, as a result of a hearing ordered under Section 49.3187 (Notice and Hearing), the board finds that the owners of a majority in acreage of the urban property do not desire irrigation of that property or that the urban property is not used or intended to be used for agricultural purposes, the board shall adopt a resolution setting forth those findings and excluding the urban property or the part of the urban property as to which the findings are made.

(b)

If any canals, ditches, pipelines, pumps, or other facilities of the district are located on land excluded under the resolution, the exclusion does not affect or interfere with any district rights to maintain and continue operation of the facilities as located to service land remaining in the district.

(c)

A copy of the resolution excluding urban property from the district certified to and acknowledged by the secretary of the board must be recorded by the district in the deed records of the county in which the excluded property is located as evidence of the exclusion.

(d)

On the passage of the resolution:

(1)

the property excluded does not constitute a part of the district; and

(2)

the owner of the excluded property:

(A)

has no further liability to the district or for any bonded or other indebtedness of the district; and

(B)

is not subject to further taxation by the district.

(e)

If the board determines from the hearing that for any reason the application should not be granted, the board shall adopt a resolution rejecting the application, and the deposit made by the applicant is subject to withdrawal by the applicant or on the board’s order.
Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.005(a), eff. September 1, 2015.

Source: Section 49.3188 — Resolution Excluding Urban Property or Rejecting Application; Effects of Exclusion, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­49.­htm#49.­3188 (accessed Jun. 5, 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 49.3188’s source at texas​.gov