(a) After considering all engineering data and other evidence presented to it, if
the board makes the findings provided in Section 51.756 of this code and determines that it would be in the best interest of the district
to exclude the land, the board shall enter an order excluding all land meeting the
conditions and shall redefine the boundaries of the original district in order to
embrace all land not excluded. In the event the land to be excluded contains water or wastewater customers of the
district, such customers shall remain customers of the district, and owners of lots
to which district water and wastewater facilities have already been extended shall
also be allowed to connect to the district's system and shall be customers of the
(b) Except as provided by Subsection (d) of this section, an order excluding land
pursuant to a petition signed by the owner or owners of the land to be excluded takes
effect on the date the board enters the order.
(c) Except as provided by Subsection (d) of this section, an order excluding land
pursuant to a petition signed by less than all of the owners of the land to be excluded
(1) if the district does not receive a timely petition under Section 51.758 of this code on the day following the deadline for submission of a petition; or
(2) if the district receives timely petition under Section 51.758 of this code and the exclusion is ratified at an election held for that purpose.
(d) Before an order excluding land under Sections 51.754 through 51.758 of this code becomes effective, all taxes levied and assessed by the district on
the land to be excluded shall be fully paid.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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