(a) Unless otherwise provided, an applicant for appointment
as a director must be at least 18 years old, a resident citizen of
Texas, and either own land subject to taxation in the district or
be a qualified voter within the district.
(1) A director of a fresh water supply district created
under Texas Water Code (TWC), Chapter 53:
(A) must be:
(i) a resident of this state;
(ii) an owner of taxable property in the district;
and
(iii) at least 18 years of age; or
(B) must be a registered voter of the district.
(2) A director of a regional district created for the
purposes defined under TWC, §59.004 must be at least 18 years
old and a resident of this state, but need not be a landowner or qualified
voter within the district.
(3) A director of a special utility district created
for the purposes defined under TWC, §65.012, must be a resident
citizen of this state and either own land subject to taxation in the
district, or be a user of the facilities of the district or be a qualified
voter in the district.
(4) A director of a stormwater control district created
for the purposes defined under TWC, §66.012, must reside within
the boundaries of the proposed district but need not be a landowner
or qualified voter within the district.
(5) A director of a groundwater conservation district
must be a registered voter in the precinct that the person represents
pursuant to TWC, §36.059(b).
(6) A person cannot be appointed to fill a vacancy
on the board of a municipal utility district, under TWC, Chapter 54,
if the person:
(A) resigned from that board:
(i) within two years preceding the vacancy date; or
(ii) on or after the vacancy date but before the vacancy
is filled; or
(B) was defeated in a directors election held by that
district in the two years preceding the vacancy date.
(7) A director shall not be a developer of property
in the district, or be related within the third degree of affinity
or consanguinity to a developer of property in the district, any other
member of the governing board of the district, or the manager, engineer,
or attorney for the district, or other person providing professional
services to the district.
(8) A director shall not be an employee of any developer
of property in the district, or any director, manager, engineer, attorney,
or other person providing professional services to the district, or
a developer of property in the district in connection with the district
or property located in the district.
(b) As used in this section, a developer of property
in the district means any person who owns land located within a district
covered under this section and who has divided or proposes to divide
the land into two or more parts for the purpose of laying out any
subdivision or any tract of land or any addition to any town or city,
or for laying out suburban lots or building lots, or any lots, streets,
alleys, or parks or other portions intended for public use, or the
use of purchasers or owners of lots fronting thereon or adjacent thereto.
(See TWC, §49.052(d).)
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Source Note: The provisions of this §293.32 adopted to be effective September 5, 1986, 11 TexReg 3735; amended to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective September 14, 2000, 25 TexReg 8955; amended to be effective October 26, 2006, 31 TexReg 8699; amended to be effective July 31, 2008, 33 TexReg 5936; amended to be effective April 21, 2013, 38 TexReg 2372 |