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By: Lindsay S.B. No. 542
(In the Senate - Filed February 18, 2003; February 24, 2003,
read first time and referred to Committee on Natural Resources;
March 17, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; March 17, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 542 By: Lindsay
A BILL TO BE ENTITLED
AN ACT
relating to exclusion of land from certain water districts for
failure to provide facilities and services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 49, Water Code, is amended
by adding Section 49.3075 to read as follows:
Sec. 49.3075. EXCLUSION FOR FAILURE TO PROVIDE SUFFICIENT
SERVICES. (a) The board shall call a hearing on the exclusion of
land from a district on a written petition filed with the secretary
of the board by a landowner whose land has been included in and
taxable by the district for more than 20 years if any bonds issued
by the district payable in whole or in part from taxes of the
district are no longer outstanding and the petition:
(1) includes a signed petition evidencing the consent
of the owners of a majority of the acreage proposed to be excluded,
as reflected by the most recent certified tax roll of the district;
(2) includes a claim that the district has not met the
landowner's proposals and requests for facilities and services
sufficient to service the land at full development; and
(3) describes the property to be excluded.
(b) The board shall hold the hearing at the earliest
practicable time after receipt of the petition.
(c) Unless the district presents evidence at the hearing
that conclusively demonstrates that the requirements and grounds
for exclusion described by Subsection (a) have not been met, the
board shall enter an order excluding the land from the district and
shall redefine in the order the boundaries of the district to
embrace all land not excluded.
(d) A copy of an order excluding land and redefining
boundaries of the district shall be filed in the deed records of the
county or counties in which the district is located.
(e) This section does not apply to irrigation districts
governed by Chapter 58.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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