Texas Water Code 67.0054 – Election Procedures
Current as of: 2024 | Check for updates
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(a) A member or shareholder may vote:
(1) in person at the annual meeting;
(2) by mailing a completed ballot to the office of the independent election auditor selected under § 67.007(d) or to the corporation‘s main office, which ballot must be received by the corporation not later than noon on the business day before the date of the annual meeting; or
(3) by delivering a completed ballot to the office of the independent election auditor or to the corporation’s main office not later than noon on the business day before the date of the annual meeting.
(b) The independent election auditor shall receive and count the ballots before the annual meeting is adjourned.
Terms Used In Texas Water Code 67.0054
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) For each director’s position, the candidate who receives the highest number of votes or who is the subject of a resolution described by § 67.0055 is elected.
(d) If two or more candidates for the same position tie for the highest number of votes for that position, those candidates shall draw lots to determine who is elected.
(e) The independent election auditor shall provide the board with a written report of the election results.
(f) The board may adopt necessary rules or bylaws to implement this section, including rules or bylaws to ensure the fairness, integrity, and openness of the voting process.
(g) This section applies only to a corporation that provides retail water or sewer service.