31 TAC §§520.1 - 520.6
The Texas State Soil and Water Conservation Board proposes
new §§520.1-520.6, concerning soil and water conservation district
director elections in accordance with provisions of the Agriculture Code of
Texas, §201.
Mel Davis, Director District Operations, has determined that for the first
five-year period there will be no significant fiscal implication for state
government and no significant fiscal implication for local government as a
result of administering the rules.
Mr. Davis, has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the sections will be a greater opportunity for qualified voters
to participate in the election of soil and water conservation district directors.
There is no anticipated effect on small businesses or individuals resulting
from these proposed new rules.
Comments on the proposal may be submitted to Robert G. Buckley, Texas State
Soil and Water Conservation Board, P. O. Box 658, Temple, Texas 76503.
The proposed new rules are proposed under Chapter 201.020 Agriculture
Code of Texas which provides the Texas State Soil and Water Conservation Board
with the authority to adopt rules as necessary for the performance of its
functions under the Agriculture Code.
No other statutes, articles or codes are affected by these new rules.
§520.1.Policy Statement.
It is the policy of the State Soil and Water Conservation Board to
implement the intent of the 77th Legislature, 2001 and H.B. 2310 by developing
procedures for soil and water conservation districts to conduct elections
that afford an optimum opportunity for eligible voters, as defined in §201.003,
Agriculture Code, to participate. In accordance with this purpose, §§520.1-520.6
of this title (relating to Election Procedures) are adopted to implement the
Agriculture Code of Texas, Subchapter A, §§201.003-201.004 and Subchapter
D, §§201.073-201.076.
§520.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
District--A soil and water conservation district created
under the Agriculture Code of Texas, Chapter 201.
(2)
Executive Director--The Executive Director of the Texas
State Soil and Water Conservation Board.
(3)
State Board--The Texas State Soil and Water Conservation
Board created under the Agriculture Code of Texas, Chapter 201.
(4)
Eligible Voter--A person or a family farm corporation designated
corporate officer as defined in §201.003 Agriculture Code of Texas is
eligible to vote in a district election.
(5)
State Office--The State Board headquarters office located
at 311 North 5th Street, Temple, Texas.
§520.3.District Conducted Elections; Notice.
(a)
Districts shall:
(1)
Adopt rules for conducting elections consistent with §201.073,
Agriculture Code of Texas.
(2)
Administer elections consistent with their adopted rules.
(3)
Prior to adoption or any subsequent amending of election
rules, submit a draft copy for approval by the Executive Director or his designee
for the purpose of assuring uniformity and consistency with legal requirements
as set out in Chapter 201, Agriculture Code of Texas.
(4)
Maintain a copy of adopted rules with the State Board and
maintain a copy of adopted rules at their office for public review.
(b)
Districts are required to use all election forms prescribed
by the State Board; file all original completed forms required by the State
Board with the State Board and retain copies for their files.
(c)
A district election conducted under §201.073, Agriculture
Code of Texas shall be preceded by posting of notice(s) consistent with §201.004
and §201.073, Agriculture Code of Texas.
§520.4.State Board Conducted District Elections; Notice.
(a)
Should the State Board call for a district election as
provided in §201.076, Agriculture Code of Texas, then the State Board
may call upon the Executive Director or his designee to:
(1)
Conduct the election in the manner provided by §201.073,
Agriculture Code of Texas, except that the State Board shall designate the
date, time and place of the election and early voting.
(2)
Conduct the election consistent with the rules adopted
by the individual district, except the Executive Director shall designate
all necessary election officials and shall decide all election issues required
under the district election rules.
(3)
Coordinate with the individual district to the extent possible.
(4)
Utilize all election forms prescribed for district use
and be responsible for their completion and filing and providing copies to
the district.
(b)
A district election called for by the State Board under §201.076,
Agriculture Code of Texas, shall be preceded by the Executive Director or
his designee posting notice(s) consistent with §201.004 and §201.073,
Agriculture Code of Texas and district rules.
§520.5.Election Forms; Reporting.
(a)
The State Board may consider and approve or amend certain
election forms and require districts to utilize the forms for the purpose
of assuring uniformity and consistency with legal requirements as set out
in Chapter 201, Agriculture Code of Texas.
(b)
The State Board may require districts to submit original
copies of certain completed election forms to the State Board State Office
for filing. Districts should retain copies of any originals submitted to the
State Office.
(c)
Original copies of requested election forms; recorded proceedings
of the election and certification of the name and proper address of the person
elected shall be sent to the State Board State Office no later than the fifth
day after the date of the election, as specified in §201.073, Agriculture
Code of Texas.
§520.6.Adherence to Rules Required.
Districts shall adhere to these rules and any subsequent rules adopted
by the district relating to elections. The State Board shall have access to
all district records for the purpose of verifying compliance with the provisions
of this subchapter and other state requirements.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 24, 2002.
TRD-200200345
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 10, 2002
For further information, please call: (254) 773-2250