(a) As soon as practicable after an application is filed, the board shall consider the application and inquire into all the facts relating to the application that the board considers necessary for determining whether a public hearing on the application should be held.
(b) After consideration and investigation, the board shall adopt an order approving further consideration of the application if the board finds that:
(1) all amounts due the district under § 49.3182(1) up to the date of the filing of the application have been paid;
(2) the property described in the application:
(A) is owned by the applicant;
(B) is urban property and is not used or intended to be used for agricultural purposes; and
(C) will require a source of treated potable water from the municipality in which the subdivision is located; and
(3) the exclusion of the property will not cut off the district or its facilities from ready and convenient access to other land remaining in the district for irrigation or other district purposes.

Terms Used In Texas Water Code 49.3184

  • Board: means the governing body of a district. See Texas Water Code 49.001
  • District: means any district or authority created under Sections Texas Water Code 49.3181
  • Potable water: means water that has been treated for public drinking water supply purposes. See Texas Water Code 49.001
  • Property: means real and personal property. See Texas Government Code 311.005
  • Urban property: means land that:
    (A) has been subdivided into town lots, town lots and blocks, or small parcels of the same general nature as town lots or town lots and blocks and is designed, intended, or suitable for residential or other nonagricultural purposes, as distinguished from farm acreage, and includes streets, alleys, parkways, parks, and railroad property and rights-of-way within that subdivided land; and
    (B) is in a subdivision:
    (i) that is within the corporate limits or extraterritorial jurisdiction of a municipality that has subdivision approval jurisdiction under Chapter 212, Local Government Code; and
    (ii) for which a plat or map has been filed and recorded in the office of the county clerk of the county in which the subdivision or any part of the subdivision is located. See Texas Water Code 49.3181

(c) If the board is unable to make any one of the findings under Subsection (b), it shall adopt a resolution rejecting the application.
(d) A resolution of the board rejecting an application is final and not subject to review by any other body, tribunal, or authority.

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