Sec. 8356.105. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.
(c) Any new district created by the division of the district may not, at the time the new district is created:
(1) contain any land outside the area described by Section 2(b) of the Act creating this chapter; or
(2) contain less than 200 or more than 600 acres of land without the prior consent of any municipality in whose extraterritorial jurisdiction the district is located.
(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.
(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8356.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the territory of each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between or among the new districts.
(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.
(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 8356.003. A new district that is not confirmed is subject to dissolution under general law.
(i) Except as provided by Subsection (c), municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 8356.004 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
Added by Acts 2009, 81st Leg., R.S., Ch. 867 (S.B. 2504), Sec. 1, eff. September 1, 2009.
Section: Previous 8356.006 8356.051 8356.052 8356.101 8356.102 8356.103 8356.104 8356.105 8356.106 8356.107 8356.108 8356.151 8356.152 8356.153 8356.201 NextLast modified: September 28, 2016