Texas Water Code 51.761 – Hearing, Notice, and Order of Exclusion
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(a) On the board’s motion or on receipt of a petition to exclude land, the board shall give notice and hold a hearing on the proposed exclusion.
(b) The board shall publish notice of the hearing in a newspaper of general circulation in the district once each week for two consecutive weeks. The first publication must appear at least 14 days before the date of the hearing.
Terms Used In Texas Water Code 51.761
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Week: means seven consecutive days. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The notice must advise interested property owners in the district:
(1) of the right to offer evidence in support of or to contest the proposed exclusion;
(2) of the right to present a petition for exclusion under Sections 51.759 through 51.766;
(3) of the date, time, and place of the hearing; and
(4) by a general description of the property proposed for exclusion.
(d) The board may adjourn the hearing from one day to another until the board hears every person who desires to be heard.
(e) The board shall specifically describe all property that it proposes to exclude on its own motion.
(f) In a hearing on exclusion of property on the board’s own motion, the board shall hear protests and evidence against the exclusion before the board hears any other evidence or matter.
(g) The board shall issue an order excluding the property if after considering evidence presented at the hearing the board finds that:
(1) the described property is eligible for exclusion under § 51.759;
(2) if applicable, the written consent required by § 51.762 has been filed;
(3) the owners of the property to be excluded do not object to the exclusion; and
(4) to exclude the property from the district is in the best interest of the district and of the property.