31 TAC §§520.1 - 520.6
The Texas State Soil and Water Conservation Board adopts
new §§520.1 - 520.6, Elections without changes to the proposed text
as published in the February 8, 2002, issue of the
Texas Register
(27 TexReg 869). The text will not be republished.
The adopted rules implement the intent of the 77th Legislature, 2001 and
House Bill 2310 by developing procedures for soil and water conservation districts
to conduct elections.
Written comments were received from Midland Soil and Water Conservation
District; Trans-Pecos Soil and Water Conservation District; Hartley Soil and
Water Conservation District; Gray County Soil and Water Conservation District;
and two individual soil and water conservation district directors.
No comments were received that were specific to language in the rules.
Four comments wanted to delete the requirement for soil and water conservation
districts to conduct early voting by personal appearance on at least one Saturday.
This specific requirement is in statute under §201.073(e), Agriculture
Code of Texas, and it is the intent of the Texas State Soil and Water Conservation
Board (The Board) that districts implement the law.
One comment wanted to know what fund could be used to pay employees for
their time involved with early voting. The Board has responded explaining
any funds available could be used to pay the employee.
One comment opposed the proposed rules indicating the district did not
have the financial resources to hire personnel to devote to filing notices
of candidacy, early voting, paperwork and printing ballots. The Board admits
districts have financial limitations. However, The Board believes the law
as written provides districts with flexibility to conduct their elections
in a manner that provides an optimum opportunity for eligible voters to participate
and contain expenses to a level that is well within budgetary limits. The
Board will help districts accomplish this through education.
One comment wanted to know the definition of "normal office hours" with
regards to filing notices of candidacy and early voting. The Agriculture Code
uses the term "established business hours." The Board, in consultation with
legal council, believes the term to be specific to the location. One location
may have established hours of 8:00 a.m. to 5:00 p.m. while another may be
7:00 a.m. to 4:00 p.m. or 9:00 a.m. to 6:00 p.m. The Board does not believe
it may be less than 8 hours in duration.
The new rules are adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 18, 2002.
TRD-200201665
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Effective date: April 7, 2002
Proposal publication date: February 8, 2002
For further information, please call: (254) 773-2250