Texas Agriculture Code 301.156 – Election On Petition
(a) On the return to the county clerks of petitions signed by at least 10 percent of the qualified voters residing in each county within the target area or operational area in the notice requesting an election, the commissioners court of each county shall call and hold an election. Notice under Chapter 111, Local Government Code, of the commissioners court meeting to call and hold the election is not required. The date of the election shall be determined by the commissioners court in accordance with this subchapter, notwithstanding Sections 41.004 and 41.0041, Election Code.
(b) A petition under this subchapter must be filed with the clerk of each county within 30 days immediately following the date of the first publication of notice.
Terms Used In Texas Agriculture Code 301.156
- Operational area: means that area that joins the target area and is reasonably necessary to use in order to effectuate the purposes over the target area without affecting the land or landowners in the operational area. See Texas Agriculture Code 301.151
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Target area: means that area described by metes and bounds or other specific bounded description set out in the application for a permit. See Texas Agriculture Code 301.151
(c) An election under this subchapter must be held within 45 days after the date the petition is received to determine whether or not the qualified voters in the target area or operational area approve the issuance of the permit.
(d) Immediately on calling the election, the clerk of each county within the target area or operational area shall notify the executive director of the date of the election.
(e) Except as otherwise provided by this chapter, elections must be held in accordance with the Election Code.