Texas Local Government Code - Section 43.074. Abolition Of Water-Related Special District Created Wholly In Municipality
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Texas Laws > Local Government Code > Texas Local Government Code - Section 43.074. Abolition Of Water-Related Special District Created Wholly In Municipality
Section: 43.064 43.065 43.071 43.0712 43.0715 43.072 43.073 43.074 43.075 43.0751 43.0752 43.0753 43.076 43.0761 43.079
§ 43.074. ABOLITION OF WATER-RELATED SPECIAL DISTRICT
CREATED WHOLLY IN MUNICIPALITY. (a) A water control and
improvement district, fresh water supply district, or municipal
utility district created from area that, at the time of the
district's creation, is located wholly in a municipality may be
abolished as provided by this section.
(b) On a vote of at least two-thirds of the entire
membership of the governing body of the municipality, the governing
body may adopt an ordinance abolishing the district if the
governing body finds:
(A) the district is no longer needed; or
(B) the services furnished and functions
performed by the district can be furnished and performed by the
(2) that the abolition of the district is in the best
interests of the residents and property in the municipality and the
(c) If before the effective date of the ordinance or if
within 30 days after the effective date or the date of the
publication of the ordinance, a petition that is signed and
verified by a number of qualified voters of the municipality equal
to at least 10 percent of the total votes cast at the most recent
election for municipal officers is filed with the secretary of the
municipality protesting the enactment or enforcement of the
ordinance, the ordinance is suspended and any action taken under
the ordinance is void. Immediately after the filing of the
petition, the secretary shall present it to the governing body.
Immediately after the presentation of the petition, the governing
body shall reconsider the ordinance. If the governing body does not
repeal the ordinance, the governing body shall submit it to a
popular vote at the next municipal election or at a special election
the governing body may order for that purpose. The ordinance does
not take effect unless a majority of the votes received in the
election favor the ordinance.
(d) On the adoption of the ordinance, the district is
abolished, the property and other assets of the district vest in the
municipality, and the municipality assumes and becomes liable for
the bonds and other obligations of the district. The municipality
shall perform the services and other functions that were performed
by the district.
(e) If a district bond, warrant, or other obligation payable
in whole or in part from property taxes is assumed by the
municipality, the governing body shall levy and collect taxes on
all taxable property in the municipality in an amount sufficient to
pay the principal of and interest on the bond, warrant, or other
obligation as it becomes due and payable.
(f) The municipality may issue refunding bonds in its own
name to refund bonds, warrants, or other obligations, including
unpaid accrued interest on an obligation, that is assumed by the
municipality. The refunding bonds must be issued in the manner
provided by Chapter 1207, Government Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 1064, § 35, eff. Sept. 1, 1999.
Last modified: August 11, 2007