Sec. 8109.101. DIVISION OF DISTRICT; PREREQUISITES. (a) At any time before the district issues indebtedness secured by taxes or net revenues, the district, including any annexed territory, may be divided into an original district and one or more new districts. The board shall determine which portion of the divided area constitutes the original district. The original district and a district created by the division of the original district may be divided under this section more than once.
(b) A district created by division of the original district under Subsection (a) may further subdivide as determined by the board of that district.
(c) After a division under Subsection (a) or (b), the original district and any new district created must be at least 85 acres.
(d) The board by resolution may declare an intent to divide the district. The resolution must:
(1) set the terms of the division, including a plan for the payment or performance of any outstanding district obligations; and
(2) contain a metes and bounds description for each district, including the modified original district.
(e) Section 42.042, Local Government Code, and Section 54.016, Water Code, do not apply to the creation of a new district by division under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 566 (H.B. 1346), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 290 (H.B. 4610), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Special District Local Laws Code
Title 6 - Water and Wastewater
Subtitle F - Municipal Utility Districts
Chapter 8109 - Cll Municipal Utility District No. 1
Subchapter C. Division of District to Multiple Districts
Section 8109.101. Division of District; Prerequisites
Section 8109.102. District Division by Election
Section 8109.103. District Division by Consent
Section 8109.104. Notice of Division
Section 8109.105. District Names Following Division
Section 8109.106. Election of Directors of New Districts
Section 8109.107. Continuing Powers and Obligations of New Districts