31 TAC §520.3
The Texas State Soil and Water Conservation Board
(State Board) proposes an amendment to §520.3, concerning District
Conducted Elections; Notice, to address those situations when no one
files to run as a candidate.
The State Board proposes new §520.3(d) to specify that in
the event that no one files to run as a candidate as prescribed by §201.073(b),
Agriculture Code of Texas, it is presumed that the incumbent in that
position has resigned and vacated the position and a vacancy exists
from the election date forward and that the district board by majority
vote may then appoint a director for the vacancy as prescribed by §201.076,
Agriculture Code of Texas, provided the appointment is not an individual
presumed to have resigned from that position.
Kenny Zajicek, Fiscal Officer of the State Board, has determined
that for the first five-year period the amendment is in effect, there
will be no fiscal implications for state or local government as a
result of administering the amendment as proposed.
Mr. Zajicek has also determined that for the first five-year period
the amendment is in effect, the public benefit anticipated as a result
of administering the amended section will be a procedure to address
those situations when no one files to run as candidate. There is no
anticipated cost to individuals or small businesses resulting from
the amendment.
Comments on the proposed amendment may be submitted in writing
to Rex Isom, Executive Director, Texas State Soil and Water Conservation
Board, P.O. Box 658, Temple, Texas 76503, (254) 773-2250, extension
231.
The amendment is proposed under the Agriculture Code,
Title 7, Chapter 201, §201.020, which authorizes the State Board
to adopt rules that are necessary for the performance of its functions
under the Agriculture Code, which authorizes the State Board to adopt
reasonable rules that are necessary to carry out the provisions of
that chapter.
No other statutes, articles, or codes are affected by this proposal.
§520.3.District Conducted Elections; Notice.
(a) - (c)
(No change.)
(d)
In the event that no one files
a written notice of candidacy as prescribed by §201.073(b), Agriculture
Code of Texas, it is presumed that any incumbent in that position
has resigned and vacated the position and a vacancy exist from the
election date forward. The board by majority vote may then appoint
a director for the vacancy as prescribed by §201.076, Agriculture
Code of Texas, provided the appointment is not an individual presumed
to have resigned from that position.
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 23, 2012.
TRD-201200284
Mel Davis
Special Projects Coordinator
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: March 4, 2012
For further information, please call: (254) 773-2250 x252