SECTION 293.132. Applications for Order without Hearing

(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.

Source Note: The provisions of this §293.132 adopted to be effective October 29, 2020, 45 TexReg 7593