Texas Water Code 67.016 – Transfer or Cancellation of Stock, Membership, or Other Right of Participation
(a) A person or entity that owns any stock of, is a member of, or has some other right of participation in a corporation may not sell or transfer that stock, membership, or other right of participation to another person or entity except:
(1) by will to a person who is related to the testator within the second degree by consanguinity;
(2) by transfer without compensation to a person who is related to the owner of the stock or other interest within the second degree by consanguinity; or
(3) by transfer without compensation or by sale to the corporation.
(b) Subsection (a) does not apply to a person or entity that transfers the membership or other right of participation to another person or entity as part of the conveyance of real estate from which the membership or other right of participation arose.
Terms Used In Texas Water Code 67.016
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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
- Testator: A male person who leaves a will at death.
(c) The transfer of stock, a membership, or another right of participation under this section does not entitle the transferee to water or sewer service unless each condition for water or sewer service is met as provided in the corporation’s published rates, charges, and conditions of service. A transfer and service application must be completed on the corporation’s standardized forms and filed with the corporation’s office in a timely manner. The conditions of service may not require a personal appearance in the office of the corporation if the transferee agrees in writing to accept the rates, charges, and conditions of service.
(d) The corporation may make water or sewer service provided as a result of stock, a membership, or another right of participation in the corporation conditional on ownership of the real estate designated to receive service and from which the membership or other right of participation arises.
(e) The corporation may cancel a person’s or other entity’s stock, membership, or other right of participation if the person or entity fails to:
(1) meet the conditions for water or sewer service prescribed by the corporation’s published rates, charges, and conditions of service; or
(2) comply with any other condition placed on the receipt of water or sewer service under the stock, membership, or other right of participation.
(f) Consistent with Subsection (a), the corporation may reassign canceled stock or a canceled membership or other right of participation to a person or entity that has legal title to the real estate from which the canceled membership or other right of participation arose and for which water or sewer service is requested.
(g) Notwithstanding Subsection (a), the corporation shall reassign canceled stock or a canceled membership or other right of participation to a person or entity that acquires the real estate from which the membership or other right of participation arose through judicial or nonjudicial foreclosure. The corporation may require proof of ownership resulting from the foreclosure.
(h) Service provided following a transfer under Subsection (f) or (g) is made subject to compliance with the conditions for water or sewer service prescribed by the corporation’s published rates, charges, and conditions of service.