Sec. 441.034. EFFECT OF CONFIRMATION ELECTION. (a) If the majority of the votes received in the election favor creation of the district, the temporary directors shall declare the district created. If the majority of the votes received in the election are against the creation of the district, the temporary directors shall declare the district defeated. The temporary directors shall enter the results in their minutes and file a copy of the results with the commission.
(b) If the district is created, the temporary directors shall declare the five candidates who received the highest number of votes to be elected as the directors of the district. If two or more candidates tie for the fifth highest number of votes, the temporary directors shall select the fifth director by lot from those tying for that position.
(c) The two directors elected with the fewest votes serve until the qualification of two directors elected at the next regular directors' election. The three other directors serve until the qualification of three directors elected at the second regular directors' election.
(d) If the district is defeated, another election may not be held to create the district, except that owners of the real property in the proposed district may petition the commission again for creation of a district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle J - Road Utility Districts
Chapter 441 - Road Utility Districts
Subchapter B. Creation of District
Section 441.011. Creation; Purpose
Section 441.013. Submission of Preliminary Plan
Section 441.014. Review of Preliminary Plan
Section 441.015. Granting or Denying Approval of Preliminary Plan
Section 441.016. Approval of Multiple Governmental Entities
Section 441.018. Petition Required
Section 441.019. Contents of Petition
Section 441.020. Filing of Preliminary Plan and Approval Statement
Section 441.022. Hearing Required
Section 441.023. Notice of Hearing
Section 441.024. Granting or Denying Petition
Section 441.025. Grounds Requiring Granting of Petition
Section 441.026. Grounds Requiring Denial of Petition
Section 441.027. Other Considerations in Granting or Denying Petition
Section 441.028. Adjustment of Boundaries
Section 441.029. Temporary Directors
Section 441.030. Confirmation Election
Section 441.031. Notice of Confirmation Election
Section 441.032. Ballot for Confirmation Election