Texas Codes

Tex. Water Code § 51.749 (2026)

Election To Approve Division

✓ current as of May 2026

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Sec. 51.749. ELECTION TO APPROVE DIVISION. (a) After the board of the original district has agreed on the terms and conditions of division, which shall include a plan for the payment of any outstanding current obligations and performance of any outstanding obligations of the original district, and has prepared a metes and bounds description of the proposed districts, it shall order an election to be held in the district to determine whether the original district should be divided as proposed.

(b) The board of the original district shall order the election to be held and shall give notice of the election at least 20 days prior to the election in the manner provided by law for other elections.

(c) The original district shall be divided if a majority of the qualified electors in the original district vote in favor of the division. The resulting districts shall be assigned consecutive letters, corresponding to the number of the original district. For example, Harris County WCID #1 if divided into two districts shall become Harris County WCID #1A and Harris County WCID #1B. No other confirmation election shall be necessary. Provided, however, each resulting district desiring to issue bonds payable wholly or partially from ad valorem taxes shall be required to obtain authorization for the issuance of such bonds by a majority vote of the resident electors of such district voting in an election called for that purpose. Notice of such election shall be given as generally set forth for bond elections in this chapter. Each resulting district desiring to levy a maintenance tax shall be required to obtain authorization by a majority vote of the qualified resident electors of such district voting in an election called for that purpose. Notice of such election shall be given as generally set forth for such elections in this chapter.

Added by Acts 1989, 71st Leg., ch. 280, Sec. 1, eff. Aug. 28, 1989.

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Save Our Springs All., Inc. v. Lazy Nine Mun. Util. Dist. Ex Rel. Bd. of Directors, 198 S.W.3d 300 (Tex. App. 2006).

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Save Our Springs All., Inc. v. Lazy Nine Mun. Util. Dist. Ex Rel. Bd. of Directors, 198 S.W.3d 300 (Tex. App. 2006). “At trial, Lazy 9 argued that a Water Control and Improvement District (WCID) has identical standards. A WCID cannot have any outstanding debt secured by taxes or revenues, the division must occur pursuant to an election, provide notice, and comply with other restrictions as…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.