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Texas Special District Local Laws Code - SDLL § 8513.0809. Annexation of Territory to Pollution Control District

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Territory may be annexed to an existing pollution control district in the manner provided by this section.

(b) The board may annex territory under this section by resolution of the board or by a petition requesting annexation.  The petition must:

(1) to the extent practicable, set forth the matters described in a resolution calling for the creation of the pollution control district, as described by Section 8513.0802(b) or (c);

(2) request a public hearing by the board on the petition; and

(3) be signed by:

(A) the owners of 50 percent or more of the value of the territory to be annexed;

(B) a majority of the residents of the territory to be annexed;  or

(C) if fewer than three registered voters reside in the territory to be annexed, the owner or owners of the territory.

(c) The board shall hold a public hearing on the petition in the same manner as a public hearing under Section 8513.0803.

(d) If the board finds that the territory should be annexed, the board may adopt a resolution:

(1) ordering an election on the annexation:

(A) in the territory contained in the existing pollution control district;  and

(B) in the territory to be annexed;  or

(2) if the petition for annexation was brought under Subsection (b)(3)(C), annexing the territory to the district.

(e) Except as provided by Subsection (f), the board may not annex the territory until a majority of the registered voters:

(1) in the territory of the existing pollution control district are in favor of annexation;  and

(2) in the territory to be annexed to the pollution control district are in favor of annexation and, if applicable, in favor of:

(A) allowing a maintenance tax on the land to be annexed;

(B) assuming the pro rata share of any previously authorized indebtedness of the existing district;  or

(C) allowing any taxes necessary to support tax or tax-revenue bonds previously voted on that have not yet been issued on behalf of the existing pollution control district and authorizing the board to impose a tax on the property for payment of the unissued bonds when those bonds are issued.

(f) A resolution of the board annexing territory adopted under Subsection (d)(2) is temporary until a majority of the registered voters in an election held in the pollution control district including the annexed territory are in favor of:

(1) annexing the territory;

(2) ratifying any unissued tax or revenue bonds of the authority to be issued on behalf of the district;  and

(3) authorizing the board to impose within the district a maintenance tax or a tax to pay for any unissued bonds when issued.

(g) If a majority of the registered voters in an election held under Subsection (d) or (f) are in favor of the annexation, the board shall adopt a resolution redefining the boundaries of the pollution control district and record the resolution in the deed records of each county containing the annexed territory.

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Cite this article: FindLaw.com - Texas Special District Local Laws Code - SDLL § 8513.0809. Annexation of Territory to Pollution Control District - last updated January 01, 2024 | https://codes.findlaw.com/tx/special-district-local-laws-code/sdll-sect-8513-0809/

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