TX Attorney General Opinion. Powers of Ground Water District Temporary Directors.

what question is the Office of the Attorney General answering? Several questions about the authority of temporary directors of the Southwestern Travis County Groundwater Conservation District

What does the Opinion say about the authority of these temporary directors? 

• no authority to cancel the 2018 confirmation and candidate election
• temporary directors hold office and can exercise those powers expressly given them in section 8871.023 of the Texas Special District Local Laws Code until the initial directors are elected
• appointing officials may not withdraw their respective appointments
• There are 2 ways to remove temporary directors:
  • removal for misconduct
  • a quo warranto proceeding challenging the authority of the temporary directors to hold office

Any legislative loopholes that may need to be cleared up in 2019?

• Water Code Chapter 8871 “does not provide any mechanism by which the officials who appointed the temporary directors may withdraw their respective appointment.”

what else did we learn?

• there is “no authority allowing the temporary directors to cancel the confirmation and candidate election”
• Attorney General Opinion MW-380 is reiterated in that the “district is not created until approved at an election and that the directors cannot exercise powers granted until it is approved”
• Attorney General Opinion JC-0569 (2002) is cited in “that authority of unconfirmed groundwater conservation district’s temporary, but elected, directors is limited to that expressly granted to the temporary directors”

KP-0217 (2018)