Texas Attorney General Opinion: JC-6 Page: 1 of 3
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OFFICE OF THE ATTORNEY GENERAL - STATE OF TEXAS
JOHN CORNYN
February 26, 1999
The Honorable Jeff Wentworth Opinion No. JC-0006
Chair, Committee on Nominations
Texas State Senate Re: Whether the resign-to-run provision in Water
P.O. Box 12068 Code section 49.072 applies to a member of the
Austin, Texas 78711 Board of Directors of the Edwards Aquifer
Authority (RQ-1205)
Dear Senator Wentworth:
You ask whether the resign-to-run provision in chapter 49 of the Water Code applies to the
directors of the Edwards Aquifer Authority ("Authority"). The resign-to-run provision does apply
to directors of the Authority, but a director who is disqualified under that provision will continue to
perform the duties of his office pursuant to article XVI, section 17 of the Texas Constitution until
his successor qualifies for office.
The Authority was created by a special law adopted in 1993.' Initially, its directors were
appointed, but in 1995 the law was amended to require the election of directors.! You inform us that
on January 2, 1998, an elected member of the Board of Directors ("board") of the Authority filed as
a candidate to run for the office of state representative. He was defeated in the primary election in
March 1998 and has remained on the board of the Authority since that time. The board is concerned
that section 49.072 of the Water Code prevents this director from continuing to serve. This provision
reads as follows:
(a) A person serving as director of a district who becomes a candidate for
another office is no longer qualified to serve as director.
(b) In this section, "candidate" has the meaning assigned by Section
251.001, Election Code.
TEX. WATER CODE ANN. 49.072 (Vernon Supp. 1999). See Tex. Att'y Gen. Op. No. DM-493
(1998) (discussing constitutionality of Water Code section 49.072 under article XV, section 7 of the
Texas Constitution).'Act of May 30, 1993, 73d Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350.
2Act of May 29, 1995, 74th Leg., R.S., ch. 261, 1995 Tex. Gen. Laws 2505.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-6, text, February 26, 1999; (https://texashistory.unt.edu/ark:/67531/metapth274315/m1/1/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.