Texas Water Code 49.103 – Terms of Office of Directors
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(a) Except as provided by § 49.102, the members of the board of a district shall serve staggered four-year terms.
(b) Unless a district holds its general election for officers on a date as otherwise provided by statute, after confirmation of a district, an election shall be held on the uniform election date, provided by § 41.001, Election Code, in May of each even-numbered year to elect the appropriate number of directors.
Terms Used In Texas Water Code 49.103
- Board: means the governing body of a district. See Texas Water Code 49.001
- Director: means either a supervisor or director appointed or elected to the board. See Texas Water Code 49.001
- District: means any district or authority created by authority of either Sections Texas Water Code 49.001
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Statute: A law passed by a legislature.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The permanent directors may assign a position number to each director‘s office, in which case directors shall thereafter be elected by position and not at large.
(d) A district may provide for the election of all directors, or a majority of directors, from single-member districts, which shall be geographically described within the boundaries of the district in a manner that is equitable for the electors within such districts and within the district generally.
(e) § 49.002 notwithstanding, in all areas of conflict the provisions of Subsections (a) and (b) shall take precedence over all prior statutory enactments.
(f) This section does not apply to:
(1) any special law district or authority that is not required by the law creating the district or authority to elect its directors by the public; or
(2) a special utility district operating under Chapter 65.
(g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 105, Sec. 32, eff. September 1, 2013.
(h) If authorized by the board in the proceedings calling a director election, the secretary of the board or the secretary’s designee, on receipt of the certification required by § 2.052(b), Election Code, shall post notice that the election is not to be held. The notice must be posted, on or before the commencement of early voting, at each polling place that would have been used in the election. If the notice is timely posted:
(1) the board or the board’s designee is not required to:
(A) post or publish notice of the election;
(B) prepare or print ballots and election materials; or
(C) hold early and regular voting; and
(2) the board shall meet at the earliest practicable time to declare each unopposed candidate elected to office.