Terms Used In Texas Water Code 49.306

  • District: means any district or authority created by authority of either Sections Texas Water Code 49.001
  • Property: means real and personal property. See Texas Government Code 311.005
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Exclusions from the district may be made on the grounds that:
(1) to retain certain land or other property within the district’s taxing power would be arbitrary and unnecessary to conserve the public welfare, would impair or destroy the value of the property desired to be excluded, and would constitute the arbitrary imposition of a confiscatory burden;
(2) to retain any given land or other property in the district and to extend to it, either presently or in the future, the benefits, service, or protection of the district’s facilities would create an undue and uneconomical burden on the remainder of the district; or
(3) the land desired to be excluded cannot be bettered as to conditions of living and health, provided with water or sewer service, protected from flood, drained, freed from interruption of traffic caused by excess of water on the roads, highways, or other means of transportation serving the land, or otherwise benefited by the district’s proposed improvements.