Sec. 49.301. ADDING LAND BY PETITION OF LANDOWNER. (a) In addition to any other provision provided by law, the owner or owners of land whether or not contiguous to the district or otherwise may file with the board a petition requesting that there be included in the district the land described in the petition by metes and bounds or by lot and block number if there is a recorded plat of the area to be included in the district. The petition may request the district to condition the annexation on certain conditions, including the voter authorization of bonds to serve the area to be annexed.
(b) If the district has bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxes that have been voted but are unissued, the board shall require the petitioner or petitioners to assume their share of the outstanding bonds, notes, or other obligations and the voted but unissued tax bonds of the district and authorize the board to levy a tax on their property in each year while any of the bonds, notes, or other obligations payable in whole or in part from taxation are outstanding to pay their share of the indebtedness.
(c) The petition of the landowner to add land to the district shall be signed and executed in the manner provided by law for the conveyance of real estate.
(d) The board shall hear and consider the petition and may add to the district the land described in the petition if it is feasible, practicable, and to the advantage of the district and if the district's system and other improvements of the district are sufficient or will be sufficient to supply the added land without injuring land already in the district.
(e) If the district has bonds payable in whole or in part from taxation that are voted but unissued at the time of an annexation and the petitioners assume the bonds and authorize the district to levy a tax on their property to pay the bonds, then the board may issue the voted but unissued bonds even though the boundaries of the district have been altered since the authorization of the bonds.
(f) Granted petitions shall be filed for record and shall be recorded in the office of the county clerk of the county or counties in which the added land is located.
(g) An order issued by the board under this section is not required to include all of the land described in the petition if the board determines that a change in the description is necessary or desirable.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 21, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 49 - Provisions Applicable to All Districts
Subchapter J. Annexation or Exclusion of Land
Section 49.301. Adding Land by Petition of Landowner
Section 49.302. Adding Land by Petition of Less Than All the Landowners
Section 49.303. Excluding Land or Other Property From District
Section 49.304. Hearing to Announce Proposed Exclusions and to Receive Petitions
Section 49.306. Grounds for Exclusion
Section 49.307. Hearing and Order Excluding Land
Section 49.3075. Exclusion for Failure to Provide Sufficient Services; No Outstanding Bonds
Section 49.3076. Exclusion for Failure to Provide Sufficient Services; Bonds Outstanding
Section 49.3077. Tax Liability of Excluded Land; Bonds Outstanding
Section 49.3078. Petition for Exclusion: Additional Duties
Section 49.308. Suit to Review Exclusion
Section 49.309. Exclusion of Nonirrigated Property
Section 49.310. Authority to Exclude Land
Section 49.311. Consent From Holders of Indebtedness
Section 49.312. Results of Exclusion
Section 49.313. District Facilities on Excluded Property
Section 49.314. Water Allocations
Section 49.315. Adding and Excluding Land Before Confirmation