Texas Attorney General Opinion: JC-6 Page: 2 of 3
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The Honorable Jeff Wentworth - Page 2
Chapter 49 "applies to all general and special law districts to the extent that [its provisions]
do not directly conflict with a provision in any other chapter of this code or any Act creating or
affecting a special law district." TEX. WATER CODE ANN. 49.002 (Vernon Supp. 1999). See Loyd
v. Eco Resources, Inc., 956 S.W.2d 110, 122 (Tex. App.-Houston [14th Dist.] 1997, no pet.) (section
49.066(a) of Water Code chapter 49 on sovereign immunity applies to MUD). The specific
provisions in the other chapter or act prevail in the event of a conflict. TEX. WATER CODE ANN.
49.002 (Vernon Supp. 1999). The districts subject to chapter 49 include "any district or authority
created by authority of.. . Section 59, Article XVI, Texas Constitution, regardless of how created."
Id. 49.001(a)(1). The Authority, created pursuant to article XVI, section 59 of the Texas
Constitution,3 is subject to section 49.072 to the extent that this provision does not directly conflict
with another provision in the Water Code or in the act creating the Authority.
We have found no other provisions in the Water Code that conflict with section 49.072, nor
do we find any in the special law establishing the Edwards Aquifer Authority. The act governing
the Authority includes provisions on electing directors and filling vacancies, but no provision
addresses candidacy for another office. Accordingly, section 49.072 applies to the directors of the
Authority.
A person who files an application for a place on a ballot is a candidate within section 251 .001
of the Election Code and is therefore a candidate for purposes of section 49.072 of the Water Code.
When the director of the Authority filed as a candidate for the office of state representative, he
became disqualified to serve on the board and vacated his position on the board. See Tex. Att'y Gen.
Op. No. DM-493 (1998) (discussing effect of Water Code 49.072); Tex. Att'y Gen. L098-29, at
5 (vacancy created upon disqualification). Section 49.105 provides that "all vacancies on the board
. . shall be filled for the unexpired term by appointment of the board." TEX. WATER CODE ANN.
49.105(a) (Vernon Supp. 1999).
You have informed us that the disqualified director has remained on the board since his
defeat in the primary election in March 1998. Article XVI, section 17 of the Texas Constitution
provides that "[a]ll officers within this State shall continue to perform the duties of their offices until
their successors shall be duly qualified." TEX. CONST. art. XVI, 17. Pursuant to this provision,
the director in question will continue to perform the duties of his office until his successor has been
appointed and qualifies for office. See Tex. Att'y Gen. L098-29, at 5-6.3Act of May 30, 1993, 73d Leg., R.S., ch. 626, 1.02, 1993 Tex. Gen. Laws 2350, 2351.
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(JC-0006)
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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/m1/2/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.