By Counts                                       H.B. No. 1801

      75R6437 MI-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the exclusion of territory from the Red Creek Municipal

 1-3     Utility District.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1. DEFINITIONS.  In this Act:

 1-6                 (1)  "Board" means the board of directors of the

 1-7     district.

 1-8                 (2)  "District" means the Red Creek Municipal Utility

 1-9     District.

1-10           SECTION 2. EXCLUSION HEARING REQUIRED.  Not later than  60

1-11     days after the effective date of this Act, the board shall hold an

1-12     exclusion hearing under Section 49.304, Water Code, to exclude land

1-13     from the district.  The exclusion hearing shall be held at the same

1-14     time and location as a  regular board meeting.

1-15           SECTION 3. NOTICE OF HEARING.  (a)  The board by certified

1-16     mail shall give written notice of the exclusion hearing to each

1-17     landowner in the district using the most recent certified tax roll

1-18     of the district.  Notice must be given at least 14 days before the

1-19     date of the hearing.

1-20           (b)  The notice shall:

1-21                 (1)  inform each landowner of the landowner's  right to

1-22     petition the board for the exclusion of land from the district; and

1-23                 (2)  state the time, location, and date of the hearing.

1-24           SECTION 4. PETITION TO EXCLUDE LAND.  A petition to exclude

 2-1     land must:

 2-2                 (1)  describe the land to be excluded as required by

 2-3     Section 49.305, Water Code;

 2-4                 (2)  contain an affidavit signed by the landowner or

 2-5     the landowner's agent stating the particular grounds on which

 2-6     exclusion is sought; and

 2-7                 (3)  be filed with the board at least seven days before

 2-8     the date of the hearing.

 2-9           SECTION 5. GROUNDS FOR EXCLUSION OF LAND; EXCEPTION.

2-10     (a)  Exclusions from the district may be made on the grounds that

2-11     the landowner:

2-12                 (1)  is not receiving services from the district on the

2-13     effective date of this Act; or

2-14                 (2)  does not wish to receive services from the

2-15     district.

2-16           (b)  Land that is subject to ad valorem taxes pledged to pay

2-17     for district bonds may not be excluded under this Act.

2-18           SECTION 6. EXCLUSION ORDER.  (a)  The board shall issue an

2-19     order excluding from the district all land for which the board

2-20     finds that:

2-21                 (1)  the description of the land to be excluded

2-22     complies with Section 49.305, Water Code; and

2-23                 (2)  the grounds for exclusion stated in the affidavit

2-24     are true.

2-25           (b)  The exclusion order must redefine the boundaries of the

2-26     district to include all district land not excluded by the order.

2-27     The board shall file in the deed records of the county in which the

 3-1     district is located a copy of the order excluding land and

 3-2     redefining the district's boundaries.

 3-3           SECTION 7. EFFECTS OF EXCLUSION.  Sections 49.312 and 49.313,

 3-4     Water Code, apply to the exclusion of property under this Act.

 3-5           SECTION 8.  EMERGENCY.  The importance of this legislation

 3-6     and the crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended,

3-10     and that this Act take effect and be in force from and after its

3-11     passage, and it is so enacted.