A precinct or road district may not issue bonds unless a petition is filed and an election is ordered; the commissioners court and county clerk must then handle the hearing and notice.
Sec. 1471.016. PETITION FOR ELECTION ON ISSUANCE OF BONDS: PRECINCT OR ROAD DISTRICT. (a) A commissioners or justice precinct or a road district may not issue bonds under this chapter unless a petition is submitted to the commissioners court of the county and an election is ordered under Section 1471.017. (b) A petition under this section must: (1) request the commissioners court of the county in which the precinct or district is located to order an election to determine whether: (A) bonds of the precinct or district shall be issued in an amount stated to: (i) construct, maintain, or operate a macadamized, graveled, or paved road or turnpike; or (ii) aid an activity described in Subparagraph (i); and (B) taxes shall be imposed on all taxable property in the precinct or district in payment of the bonds; and (2) be signed by: (A) 50 or a majority of the registered voters of the precinct or district; or (B) all of the owners of property in the precinct or district as determined by the county tax roll. (c) On receipt of the petition, the commissioners court by order shall set the time and place for a hearing. The date of the hearing may not be less than 15 days or more than 90 days after the date the commissioners court orders the hearing. The county clerk shall immediately issue a notice of the time and place of the hearing. (d) The notice of the hearing must: (1) inform all interested persons of their right to appear at the hearing and contend for or protest the ordering of the bond election; (2) state the amount of bonds proposed to be issued and describe the precinct or district by its name or number; (3) for a district: (A) include a description of the property comprising the district, including the district's estimated acreage and boundaries, described in a manner reasonably calculated to inform interested persons of the area comprising the district; and (B) include a map or diagram of the area reasonably calculated to show the boundaries of the district and the major roadways in or adjacent to the district; and (4) designate a county officer or employee from whom further details may be obtained. (e) The clerk shall execute notice under this section in the same manner as required for an election under Section 1471.018. Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.