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pg. 665

Texas Laws | Water Code

(b) A municipality may not annex a part of a defined area in a district that has adopted a plan for the defined area under this subchapter unless: (20082)

(1) 90 percent or more of all facilities and infrastructure described by the plan has been installed and completed; and (20083)

(2) the municipality: (20084)

(A) annexes all of the defined area that is within the municipality's extraterritorial jurisdiction; and (20085)

(B) assumes the pro rata share of the bonded indebtedness of the annexed area. (20086)

(c) After the annexation occurs: (20087)

(1) the annexed area is not eligible to be a defined area under this subchapter; and (20088)

(2) the district may not impose in the annexed area a tax authorized for a defined area under this subchapter. (20089)

Added by Acts 2005, 79th Leg., Ch. 962 (H.B. 1644), Sec. 6, eff. June 18, 2005. (20090)

Amended by: (20091)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 185, eff. September 1, 2011. (20092)


Sec. 55.001. DEFINITIONS. (20094)(Text)

In this chapter: (20095)

(1) "District" means a water improvement district created under this chapter. (20096)

(2) "Board" means the board of directors of a water improvement district. (20097)

(3) "Commission" means the Texas Natural Resource Conservation Commission. (20098)

(4) "Executive director" means the executive director of the Texas Natural Resource Conservation Commission. (20099)

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971. Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981; Acts 1985, 69th Leg., ch. 795, Sec. 1.144, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.078, eff. Aug. 12, 1991. (20100)

Sec. 55.021. CREATION OF DISTRICT. (20102)(Text)

A water improvement district may be created in the manner prescribed by this subchapter, either under and subject to the limitations of Article III, Section 52, of the Texas Constitution, or under Article XVI, Section 59, of the Texas Constitution. (20103)

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971. (20104)


The commissioners court of a county, at any regular or called session, may create one or more water improvement districts in the county as provided by this subchapter. (20106)

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971. (20107)


A district may include all or part of one or more cities, towns, villages, and municipal corporations, but no land may be included in more than one district at any one time. (20109)

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971. (20110)

Sec. 55.024. PETITION. (20111)(Text)

(a) A petition requesting creation of a district may be presented to the commissioners court. The petition must be signed by a majority of the persons who hold title to land in the proposed district, representing a total value of more than 50 percent of the value of all the land in the proposed district as indicated by the county tax rolls. However, if there are more than 50 persons holding title to land in the proposed district, the petition is sufficient if signed by 50 of them. The petition must set out the boundaries of the district and designate a name for the district. (20112)

(b) The petition may be signed and presented to the commissioners court in several copies. In this case the county clerk shall make a certified copy of the petition, including a list of the names of all signers, and shall file the certified copy and the original copies. The certified copy of the petition shall be considered the petition in all proceedings under this chapter. (20113)

Acts 1971, 62nd Leg., p. 428, ch. 58, Sec. 1, eff. Aug. 30, 1971. (20114)

Sec. 55.025. DATE SET FOR HEARING. (20115)(Text)

The commissioners court shall set a date for a hearing on the petition, to be held at a regular or special session not less than 15 days nor more than 40 days after the day the petition is presented. (20116)

Acts 1971, 62nd Leg., p. 429, ch. 58, Sec. 1, eff. Aug. 30, 1971. (20117)

Sec. 55.026. NOTICE OF HEARING. (20118)(Text)

(a) The county clerk shall issue a notice of the hearing directed to the sheriff giving the date and place of the hearing, and a copy of the order of the court setting the hearing. The sheriff shall serve the notice in the manner provided by law. (20119)

(b) The sheriff shall post copies of the notice in three public places in the proposed district, and shall post one copy at the courthouse door or on the bulletin board used for public notices. These notices shall be posted for 10 full days before the date of the hearing. The notice shall also be published once in a newspaper of general circulation in the county, if a newspaper is published in the county, at least five days before the date of the hearing. The sheriff shall make return of a true copy of the notice, showing the times and places of posting and publication. The county clerk shall record the return in the minutes of the court. (20120)

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