Sec. 49.310. AUTHORITY TO EXCLUDE LAND. (a) A petition for exclusion may be filed by the owner or owners, or their authorized agent, of a majority in acreage of nonirrigated property included within the boundaries of a district.
(b) Upon receipt of a petition for exclusion, or upon its own motion, a district shall issue an order excluding the property if, after notice and hearing, the board finds that:
(1) the described property is nonirrigated property;
(2) the applicable requirements of Section 49.311 have been satisfied;
(3) the owner or owners do not object to the exclusion of their nonirrigated property; and
(4) it is in the best interest of the district and of the described property to exclude that property from the district.
(c) The district shall follow the notice and hearing provisions and other procedural requirements for excluding territory applicable to that district as set out in Sections 49.303 through 49.307.
Added by Acts 1995, 74th Leg., ch. 715, Sec. 2, eff. Sept. 1, 1995.
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