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.