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.
(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.
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