(a) The commission may adopt an order under Texas Water
Code (TWC), §49.324 without conducting a hearing if it receives
a petition under this section from 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 the board of directors of the
district. A petition for dissolution under this section must include
the items required by §293.131(2)(A) - (E), (G), and (H) of this
title (relating to Authorization for Dissolution of Water District
by the Commission).
(b) Not later than the 10th day after the date a complete
petition is submitted under this section, 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 the owners of
a majority in value of the land in the district, to the board of directors;
and
(2) certify in writing to the commission that the requirements
of paragraph (1) of this subsection have been met.
(c) A notice provided under subsection (b)(1) of this
section 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.
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