Texas Water Code 49.3225 – Order Without Hearing
(a) The commission may adopt an order under § 49.324 without conducting a hearing if it receives a petition under this section from:
(1) the owners of the majority in value of the land in the district, as shown by the most recent certified tax roll of the central appraisal district of the county or counties in which the district is located; or
(2) the board of directors of the district.
(b) Not later than the 10th day after the date a petition is submitted under Subsection (a), the petitioners shall:
(1) provide notice of the petition by certified mail:
(A) to all the landowners in the district, as shown by the most recent certified tax roll of the central appraisal district of the county or counties in which the district is located, who did not sign the petition; and
(B) if the petition was submitted by persons described by Subsection (a)(1), to the board of directors; and
(2) certify in writing to the commission that the requirements of Subdivision (1) have been met.
Terms Used In Texas Water Code 49.3225
- Appraisal: A determination of property value.
- Board: means the governing body of a district. See Texas Water Code 49.001
- Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 49.001
- Contract: A legal written agreement that becomes binding when signed.
- District: means any district or authority created by authority of either Sections Texas Water Code 49.001
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A notice provided under Subsection (b)(1) must state that the landowner may file a written objection to the dissolution of the district not later than the 30th day after the date the notice was received.
(d) If a landowner files a written objection to the dissolution of the district with the commission within the period specified in the notice, the commission shall hold a hearing on the dissolution of the district. The commission shall mail notice of the hearing by first class mail to:
(1) the petitioners, and the board of directors if the board of directors did not submit the petition; and
(2) each landowner who timely filed a written objection to the dissolution.
(e) A district may not be dissolved under this section or any other provision of law if the district:
(1) has any outstanding bonded indebtedness unless the bonded indebtedness is assumed by a third party, or repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money unless the obligation is assumed by a third party, fully paid in accordance with the contract, or waived by the obligee; or
(3) owns, operates, or maintains public works, facilities, or improvements, unless the ownership, operation, or maintenance is assumed by a third party.