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H.B. No. 1207
AN ACT
relating to the exclusion of land from a water district with
outstanding bonds for failure to provide sufficient services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.3076, Water Code, is amended by
amending Subsections (a)-(c) and adding Subsection (a-1) to read as
follows:
(a) The board of a district that has a total area of more
than 5,000 acres shall call a hearing on the exclusion of land from
the district on a written petition filed with the secretary of the
board by a landowner whose land has been included in and taxable by
the district for more than 28 years if any bonds issued by the
district payable in whole or in part from taxes of the district are
outstanding and the petition:
(1) includes a signed petition evidencing the consent
of 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 has not
provided the land with retail utility services;
(3) describes the property to be excluded;
(4) provides facts necessary for the board to make the
findings required by Subsection (b); and
(5) is filed before August 31, 2007 [2005].
(a-1) The board of a district that has a total area of more
than 1,000 acres and not more than 5,000 acres shall call a hearing
on the exclusion of land from the district on a written petition
filed with the secretary of the board by a landowner whose land has
been included in and taxable by the district for more than 40 years
if any bonds issued by the district payable in whole or in part from
taxes of the district are outstanding and the petition complies
with the requirements of Subsection (a).
(b) The board of a district may exclude land under this
section only on finding that:
(1) the district has never provided retail utility
services to the land described by the petition;
(2) the district has imposed a tax on the land for more
than:
(A) 28 years if the board calls a hearing under
Subsection (a); or
(B) 40 years if the board calls a hearing under
Subsection (a-1); 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) Unless the district presents evidence at the hearing
that conclusively demonstrates that the requirements and grounds
for exclusion described by Subsection [Subsections] (a) or (a-1),
as appropriate, and Subsection (b) 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.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1207 was passed by the House on May
13, 2005, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1207 on May 27, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1207 on May 29, 2005, by the following vote: Yeas 143,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1207 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1207 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor