Texas Attorney General Opinion: JM-296 Page: 3 of 9
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Mr. Charles E. Nemir - Page 3 (JM-296)
Sections 50.026 and .1.0721, the statutes applicable to the
District, provide, in pertinent part:
(a) A person Is disqualified from serving as a
member of a governing board of a district
proposing to provide or actually providing water
and sewer services or either of these services to
household users as the principal functions of the
district and created by special act of the
legislature if:
(3) he ins a developer of property in the
district;
Water Code 550.026.
(a) A person I.s disqualified from serving as a
member of the board of a district proposing to
provide or actually providing water and sewer
services or either of these services to household
users as the principal functions of the district,
if:
(3) he is a developer of property in the
district;
Water Code 51.0721.
The disqualification statutes were part of a fourteen-bill
package of remedial legisla::on involving water districts submitted as
emergency legislation by then Governor Dolph Briscoe with these words:
The most n nmaerous category of special
districts, apart from school districts, are water
districts. They have been referred to as 'the
least known, least understood, and least cared
about class of governments in the United States.'
They desperately need increased supervision and
regulation over their formation and the conduct of
their financial afEairs. The abuses to which they
have been subject are designed to be corrected byp. 1329
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-296, text, January 10, 1985; (https://texashistory.unt.edu/ark:/67531/metapth272736/m1/3/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.