Tex.
Water Code Section 51A.003
Creation of Subdistricts
(a)
The commission may create subdistricts over designated territory within the boundaries of a district as provided by this section.(b)
A petition that contains the substance of the requirements of Sections 51.013 (Petition) and 51.014 (Contents of Petition) must be filed with the commission.(c)
The commission shall have notice of the hearing on the petition given in the manner required by Section 51.018 (Single-county District: Notice of Hearing).(d)
The hearing must be conducted in the manner provided by Section 51.020 (Single-county District: Testimony at Hearing), and the commission shall grant or refuse the petition in the manner provided by Section 51.021 (Single-county District: Granting or Refusing Petition). An appeal from the decision of the commission must be made in the manner provided by Sections 51.022 (Single-county District: Appeal from Order of Commissioners Court) through 51.025 (Single-county District: Judgment of District Court; Appeal). The commission shall appoint five directors to serve as the subdistrict board, each of whom must meet the qualifications provided by Section 51.072 (Qualifications for Director).(e)
Not later than the 60th day after the date on which a petition for the creation of a subdistrict is granted by the commission, the subdistrict board shall adopt an order calling elections within the boundaries of the subdistrict in the manner provided by Subchapter D, Chapter 49 (Provisions Applicable to All Districts), to:(1)
confirm the creation of the subdistrict in the manner provided by Section 49.102 (Confirmation and Director Election);(2)
authorize the issuance of bonds by the subdistrict or by the district on behalf of the subdistrict to be repaid by ad valorem taxes, revenue, or ad valorem taxes and revenue derived by the subdistrict;(3)
authorize a tax within the boundaries of the subdistrict to make payments under a contract with the district to support refunding bonds of the district in accordance with the exclusions procedure provided by Section 51A.005 (Exclusion of Territory Within Subdistrict);(4)
authorize a maintenance tax within the boundaries of the subdistrict in the manner provided by Section 49.107 (Operation and Maintenance Tax); and(5)
elect a permanent board of directors for the subdistrict in the manner provided by Subchapter D, Chapter 49 (Provisions Applicable to All Districts), and Section 51.075 (Application to Get on Ballot).(f)
A subdistrict:(1)
may sue and be sued in its own name;(2)
until excluded from the boundaries of the district in accordance with Section 51A.005 (Exclusion of Territory Within Subdistrict), has concurrent jurisdiction with the district that is in the territory within the boundaries of the subdistrict; and(3)
may exercise the rights and powers of the district within the boundaries of the subdistrict.(g)
The ad valorem plan of taxation applies to each subdistrict, and a hearing for exclusions of land from a subdistrict is not necessary before an election under Subsection (e) is held.(h)
A subdistrict may be dissolved in the same manner as a district.(i)
A subdistrict is governed by Chapter 51 (Water Control and Improvement Districts) and all other general laws of this state to the extent those laws are not inconsistent with this chapter.
Source:
Section 51A.003 — Creation of Subdistricts, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.51A.htm#51A.003 (accessed Jun. 5, 2024).
