The board must give notice and hold a hearing before excluding land or property, publish notice twice in a newspaper, tell affected owners about the hearing and their rights, and issue an exclusion order only if the listed findings are made.
Sec. 51.761. HEARING, NOTICE, AND ORDER OF EXCLUSION. (a) On the board's motion or on receipt of a petition to exclude land, the board shall give notice and hold a hearing on the proposed exclusion. (b) The board shall publish notice of the hearing in a newspaper of general circulation in the district once each week for two consecutive weeks. The first publication must appear at least 14 days before the date of the hearing. (c) The notice must advise interested property owners in the district: (1) of the right to offer evidence in support of or to contest the proposed exclusion; (2) of the right to present a petition for exclusion under Sections 51.759 through 51.766; (3) of the date, time, and place of the hearing; and (4) by a general description of the property proposed for exclusion. (d) The board may adjourn the hearing from one day to another until the board hears every person who desires to be heard. (e) The board shall specifically describe all property that it proposes to exclude on its own motion. (f) In a hearing on exclusion of property on the board's own motion, the board shall hear protests and evidence against the exclusion before the board hears any other evidence or matter. (g) The board shall issue an order excluding the property if after considering evidence presented at the hearing the board finds that: (1) the described property is eligible for exclusion under Section 51.759; (2) if applicable, the written consent required by Section 51.762 has been filed; (3) the owners of the property to be excluded do not object to the exclusion; and (4) to exclude the property from the district is in the best interest of the district and of the property. Added by Acts 1995, 74th Leg., ch. 42, Sec. 1, eff. Aug. 28, 1995.