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Texas Laws | Water Code
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS

(b) If more than one county assumes jurisdiction over district facilities, the board shall transfer the funds to each county based on the proportion of the proceeds of all indebtedness incurred by the district to acquire the land and construct the facilities conveyed to that county. (26473)

Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985. (26474)

Sec. 66.404. EFFECT OF COMMISSION ORDER. (26475)(Text)

On the issuance of the order of dissolution by the commission, the dissolved district ceases to exist as a governmental entity, and the board shall continue in existence only for the purpose of transferring district funds and disposing of district assets. (26476)

Added by Acts 1985, 69th Leg., ch. 734, Sec. 1, eff. Sept. 1, 1985. (26477)

CHAPTER 67. NONPROFIT WATER SUPPLY OR SEWER SERVICE CORPORATIONS (26478)(Text)

Sec. 67.001. DEFINITIONS. (26479)(Text)

In this chapter: (26480)

(1) "Board" means the board of directors of a corporation. (26481)

(2) "Corporation" means a water supply or sewer service corporation operating under this chapter. (26482)

(3) "Director" means a member of the board of directors. (26483)

Added by Acts 1997, 75th Leg., ch. 166, Sec. 2, eff. Sept. 1, 1997. (26484)

Sec. 67.002. PURPOSE OF CORPORATION. (26485)(Text)

A corporation may be organized under this chapter to provide: (26486)

(1) water supply, sewer service, or both for a municipality, a private corporation, an individual, or a military camp or base; and (26487)

(2) flood control and a drainage system for a political subdivision, private corporation, or another person. (26488)

Added by Acts 1997, 75th Leg., ch. 166, Sec. 2, eff. Sept. 1, 1997. (26489)

Sec. 67.003. CREATION OF CORPORATION. (26490)(Text)

(a) Three or more individuals who are citizens of this state may form a corporation by making an application to the secretary of state in the same manner as provided by law for an application for a private corporation. (26491)

(b) The application for charter must include the number of directors and the name of each director. (26492)

(c) The name designated for the corporation must include the words "Water Supply Corporation." (26493)

Added by Acts 1997, 75th Leg., ch. 166, Sec. 2, eff. Sept. 1, 1997. (26494)

Sec. 67.004. APPLICATION OF TEXAS NON-PROFIT CORPORATION ACT. (26495)(Text)

To the extent it does not conflict with this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation created under: (26496)

(1) this chapter; or (26497)

(2) Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933 (Article 1434a, Vernon's Texas Civil Statutes). (26498)

Added by Acts 1997, 75th Leg., ch. 166, Sec. 2, eff. Sept. 1, 1997. (26499)

Sec. 67.005. DIRECTORS. (26500)(Text)

(a) A corporation may not have more than 21 directors. (26501)

(b) The corporation may increase the number of directors by amendment to the bylaws but may not exceed the limit imposed by Subsection (a). (26502)

(c) The bylaws of the corporation may provide that directors serve staggered terms of approximately two or three years. (26503)

(d) At the first annual meeting of the shareholders, the directors shall be divided into two or three classes according to the length of the terms the directors serve. The classification of directors may not take effect before that meeting. (26504)

(e) The division of the directors and the corresponding terms must be set so that: (26505)

(1) one-half of the directors, as nearly as possible, are elected annually, if a two-year term is provided; or (26506)

(2) one-third of the directors, as nearly as possible, are elected annually, if a three-year term is provided. (26507)

(f) After the implementation of two-year or three-year terms for directors, as directors' terms expire, the members shall elect their successors to serve until the second or third succeeding annual meeting after their election, as appropriate. (26508)

Added by Acts 1997, 75th Leg., ch. 166, Sec. 2, eff. Sept. 1, 1997. (26509)

Sec. 67.0051. QUALIFICATIONS FOR ELECTION OR APPOINTMENT AS DIRECTOR. (26510)(Text)

(a) To be qualified for election or appointment as a director, a person must be: (26511)

(1) 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; and (26512)

(2) a member or shareholder of the corporation. (26513)

(b) In addition to the qualifications prescribed by Subsection (a), a person is not qualified to serve as a director if the person: (26514)

(1) has been determined by a final judgment of a court exercising probate jurisdiction to be: (26515)

(A) totally mentally incapacitated; or (26516)

(B) partially mentally incapacitated without the right to vote; or (26517)

(2) has been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities. (26518)

(c) If the board determines that a person serving as a director does not have the qualifications prescribed by Subsections (a) and (b), the board shall, not later than the 60th day after the date the board makes that determination, remove the director and fill the vacancy by appointing a person who has the qualifications prescribed by those subsections. (26519)

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