Sec. 51.749. ELECTION TO APPROVE DIVISION. (a) After the board of the original district has agreed on the terms and conditions of division, which shall include a plan for the payment of any outstanding current obligations and performance of any outstanding obligations of the original district, and has prepared a metes and bounds description of the proposed districts, it shall order an election to be held in the district to determine whether the original district should be divided as proposed.
(b) The board of the original district shall order the election to be held and shall give notice of the election at least 20 days prior to the election in the manner provided by law for other elections.
(c) The original district shall be divided if a majority of the qualified electors in the original district vote in favor of the division. The resulting districts shall be assigned consecutive letters, corresponding to the number of the original district. For example, Harris County WCID #1 if divided into two districts shall become Harris County WCID #1A and Harris County WCID #1B. No other confirmation election shall be necessary. Provided, however, each resulting district desiring to issue bonds payable wholly or partially from ad valorem taxes shall be required to obtain authorization for the issuance of such bonds by a majority vote of the resident electors of such district voting in an election called for that purpose. Notice of such election shall be given as generally set forth for bond elections in this chapter. Each resulting district desiring to levy a maintenance tax shall be required to obtain authorization by a majority vote of the qualified resident electors of such district voting in an election called for that purpose. Notice of such election shall be given as generally set forth for such elections in this chapter.
Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.
Structure Texas Statutes
Title 4 - General Law Districts
Chapter 51 - Water Control and Improvement Districts
Subchapter O. Adding and Excluding Territory and Consolidating Districts
Section 51.702. Exclusion of Nonagricultural and Nonirrigable Land From the District
Section 51.703. Prerequisite to Application for Exclusion
Section 51.704. Substituting Land of Equal Acreage and Value
Section 51.705. Securing Application to Substitute Land
Section 51.706. Application of Owner of New Land to Be Substituted
Section 51.707. Consent of Outstanding Bondholders
Section 51.708. Notice of Hearing on Applications
Section 51.709. Hearing Procedure
Section 51.710. Board's Resolution to Substitute Land
Section 51.711. Liability of Excluded and Included Land
Section 51.712. Duty to Advise Executive Director
Section 51.713. Right to Serve New Land Included in District
Section 51.714. Adding Land by Petition of Landowner
Section 51.732. Consolidation of Districts
Section 51.733. Elections to Approve Consolidation
Section 51.734. Governing Consolidated Districts
Section 51.735. Debts of Original Districts
Section 51.736. Assessment and Collection of Taxes
Section 51.748. Division of Original District With No Outstanding Indebtedness
Section 51.749. Election to Approve Division
Section 51.750. Governing Resulting Districts
Section 51.751. Current Obligations of Original District
Section 51.752. Powers of Resulting Districts
Section 51.753. Notice of Resulting Districts
Section 51.754. Exclusion of Land From District Without Indebtedness
Section 51.755. Application to Exclude Land
Section 51.756. Findings by the Board
Section 51.757. Excluding Land
Section 51.758. Notice of Certain Exclusions; Petition for Ratification Election
Section 51.759. Exclusion of Certain Nonirrigated Land
Section 51.760. Initiating Exclusion
Section 51.761. Hearing, Notice, and Order of Exclusion
Section 51.762. Consent of Debt Holders
Section 51.763. Results of Exclusion
Section 51.764. District Facilities on Excluded Property