TX Spec Dist Code § 8813.056 (2021)
2021 Texas Statutes|Special District Local Laws Code|Title 6 - Water and Wastewater|Subtitle H - Districts Governing Groundwater|Chapter 8813 - North Fort Bend Water Authority|Subchapter B. Board of Directors|Section 8813.056. Method of Appointment of Directors

Sec. 8813.056.  METHOD OF APPOINTMENT OF DIRECTORS.  (a)  The governing bodies of the districts and municipalities located within each director precinct jointly shall appoint one director to represent the precinct by a vote conducted as provided by this section.(b)  If a district or municipality is located within two or more director precincts, the district or municipality is considered, for purposes of this section, to be located only within the director precinct in which the greatest amount of territory of the district or municipality is located.(c)  For the appointment of a director for a director precinct, the board shall determine the number of votes each district or municipality may cast.  The number of votes for a governing body of a district or municipality within the precinct is equal to the number computed by dividing the total number of units of water, as determined by the board, used within the precinct by the district or municipality during the calendar year preceding the year in which the director is selected by the total number of units of water used within the precinct by all districts and municipalities in the precinct, multiplying that quotient by 100, and rounding that result to the nearest one-tenth.  The board shall provide the presiding officer of each governing body of a district or municipality within each director precinct written notice of the number of votes computed for that governing body to cast.(d)  For purposes of Subsection (c), the board shall determine the amount of water usage of all districts and municipalities within each director precinct.(e)  In the appropriate even-numbered year, the governing body of each district or municipality in a director precinct by resolution may nominate one candidate for the position of director for that director precinct.  Each district or municipality shall submit the name of its candidate, if any, to the presiding officer of the authority by February 15 of that year.  If by February 15 of that year only one candidate's name is submitted for the position of director for a director precinct, the board may declare the unopposed candidate elected and may cancel the director appointment procedures generally required by this section for that position.  If more than one candidate's name is submitted for the position of director for a director precinct, before March 15 of that year the board shall prepare, for the director precinct or precincts from which a director is being appointed, a ballot listing all of the candidates for that director precinct and shall provide a copy of the appropriate ballot to the presiding officer of the governing body of each district or municipality located within the director precinct from which a director is being appointed.(f)  An individual may not be listed as a candidate on the ballot for more than one director position.  If a candidate is nominated for more than one director position, the candidate must choose to be on the ballot for only one director position.(g)  The governing body of each district or municipality shall determine its votes for director by resolution and submit them to the presiding officer of the authority before May 1 of the appropriate even-numbered year.  In casting its votes for director, the governing body of each district or municipality may vote for only one candidate on the ballot for the director precinct in which the district or municipality is located.  For each director precinct from which a director is being appointed, the board shall count the votes, declare elected the candidate who received the greatest number of votes from districts and municipalities located within that director precinct, and submit the results before May 15 of that year to the governing body of each district or municipality within that director precinct.(h)  The board may adopt rules regarding:(1)  the manner and timing of determinations and calculations required by this section;(2)  the reporting of water usage to the authority by districts and municipalities; and(3)  the conduct and process of the appointment of directors.|Added by Acts 2005, 79th Leg., Ch. 893 (S.B. 1798), Sec. 1, eff. June 17, 2005.|