Sec. 351.125. GRANTING OR DENYING PETITION. (a) Within 10 days after the date of the conclusion of the hearing, the commissioners court holding the hearing shall grant the petition pending approval by the commissioners courts of all other proposed cooperating counties in the district, if any, if it appears from the testimony and evidence presented at the hearing that:
(1) organization of the district is feasible and practicable;
(2) there is a public necessity or need for the district; and
(3) the creation of the district would further the public safety and welfare.
(b) If the commissioners court is unable to make any one of the findings required by Subsection (a), the commissioners court shall refuse to grant the petition's request for creation of the district.
(c) If a commissioners court of a county in the proposed district refuses to grant the petition's request for creation of the district, the district may not be created.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 74(a), eff. Aug. 28, 1989.
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