Texas Attorney General Opinion: JM-296 Page: 4 of 9
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Mr. Charles E. Nemir - Page 4 (JM-296)
these bills. Enactment of these bills will help
maintain the confidence of our citizens in their
local government.
S.J. of Tex., 63rd Leg., Reg. Sess. 421 (1973); R.J. of Tex., 63rd
Leg., Reg. Sess. 1285 (1973).
Disqualification statutes are significantly different from
statutes designed to prevent or punish specific acts of misconduct.
The 1973 statutes are intended to preclude conflicts of interest
between developers and the board of directors of a district providing
water or sewer services to residents by disqualifying the developers
from serving on the board of directors. The disqualification statutes
also serve to maintain the ;ublic's trust and confidence in the board
of directors and in their decisions.
The statutory provisicr.s relating to defined regional sewage
systems are contained in chapter 26, subchapter C, of the Texas Water
Code. Water Code 9126.081-26.087. The purpose of such regional
systems is
to serve the waste disposal systems needs of the
citizens of the state and to prevent pollution and
maintain and enhance the quality of water in the
state.
Water Code 526.081(a). After the Texas Water Development Board has
defined the regional area, it then designates "the person to provide
the waste collection, treatment, or disposal system or systems to
serve all or part of the area defined." Water Code 526.083(c).
The District, a designated regional entity, will construct and
operate or oversee a regional. waste treatment facility. This facility
will treat sewage from households within the defined area, including
households within the terrli:orial boundaries of the District, after
the sewage is collected by municipalities and other water districts.
Your letter states that Brushy Creek Water Control and Improvement
District No. 1 does not propose at this time to provide sewer service
directly to household users, The implication of your statements is
that the sewer service to be provided by the District would be made
available to political subdivisions within the regional area and only
indirectly to household users. We conclude that the prohibition from
serving on the governing bcard of a district providing water or sewer
service found in sections 50.026 and 50.0721 of the Water Code applies
whether the service to household users is supplied directly by the
district or indirectly throw usgh intermediary governmental entities.
The question of whether sections 50.026 and 51.0721 can validly
be extended to bar membership on a district's board of directors top. 1330
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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/m1/4/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.