Sec. 51.045. CONVERSION OF A DISTRICT OPERATING UNDER THIS CHAPTER TO A FRESH WATER SUPPLY DISTRICT. (a) Any district operating under this chapter may be converted into a district operating as a fresh water supply district under Chapter 53 of this code in the manner provided in this section.
(b) The governing body of a district desiring to convert under this section shall adopt a resolution declaring that, in its judgment, conversion of the district into one operating under Chapter 53 of this code and under the provisions of Article XVI, Section 59, of the Texas Constitution, would be in the best interest of the district and would be a benefit to the land and property in the district.
(c) The resolution shall provide for a public hearing on the proposition at a date to be fixed by the governing body not less than 15 days nor more than 30 days from the date of the resolution.
(d) Notice of the hearing shall be published once a week for two consecutive weeks in a newspaper with general circulation in the area in which the district is located. The first publication shall be not less than 14 days before the time set for the hearing. The notice shall contain a copy of the resolution or a substantial statement of the matters contained in the resolution.
(e) At the hearing, any person may appear and offer testimony and other evidence.
(f) If, on hearing, the board finds that the conversion of the district operating under this chapter into one operating under Chapter 53 of this code would be in the best interest of the district and would be a benefit to the land and property in the district, it shall enter an order declaring the district to be one operating under Chapter 53 of this code, and thereafter, the district shall operate under the provisions of Chapter 53.
(g) If the board finds that conversion would not be in the best interest of the district and would not be a benefit to the land and property in the district, it shall enter its order to that effect and the district shall continue to operate under this chapter.
(h) The findings of the governing body shall be final and not subject to review or appeal.
(i) Nothing in this section may be construed to authorize the impairment of any existing contract.
Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 51 - Water Control and Improvement Districts
Subchapter B. Creation of District; Conversion of District
Section 51.011. Creation of District
Section 51.012. Composition of District
Section 51.014. Contents of Petition
Section 51.015. Place of Filing; Recording
Section 51.016. Commissioners Court or Commission to Consider Creation of District
Section 51.017. Single-County District: Hearing
Section 51.018. Single-County District: Notice of Hearing
Section 51.019. Single-County District: Name
Section 51.020. Single-County District: Testimony at Hearing
Section 51.021. Single-County District: Granting or Refusing Petition
Section 51.022. Single-County District: Appeal From Order of Commissioners Court
Section 51.023. Single-County District: Record on Appeal; Notice of Appeal
Section 51.024. Single-County District: Hearing in District Court; Procedure
Section 51.025. Single-County District: Judgment of District Court; Appeal
Section 51.026. Single-County District: Appointment of Directors; Bond
Section 51.027. Multi-County District: Hearing by Commission
Section 51.028. Multi-County District: Notice of Hearing
Section 51.031. Multi-County District: Appeal From Commission Decision
Section 51.032. Multi-County District: Appointment of Directors by Commission; Bond
Section 51.035. Inclusion of City, Town, or Municipal Corporation in District
Section 51.036. Confirmation Election in District Including Land in More Than One County
Section 51.037. Exclusion of Parts of District; Dissolution
Section 51.038. Municipal Districts
Section 51.039. Bonds of Municipal Districts
Section 51.040. Conversion of Certain Districts Into Districts Operating Under This Chapter
Section 51.041. Conversion of District; Notice
Section 51.042. Conversion of District; Findings
Section 51.043. Effect of Conversion
Section 51.044. Reservation of Certain Powers for Converted Districts
Section 51.046. Organization of District to Conduct Preliminary Surveys
Section 51.047. Creation of Master District
Section 51.048. Purposes of Master District
Section 51.049. Master District; Procedure
Section 51.050. Master District; Directors
Section 51.051. Master District Governed by Chapter
Section 51.052. City, Town, or Municipal Corporation Created as a District