Texas § AG.201.047 - APPLICATION FOR CERTIFICATE OF ORGANIZATION

§ AG.201.047. APPLICATION FOR CERTIFICATE OF ORGANIZATION

APPLICATION FOR CERTIFICATE OF ORGANIZATION. (a) The two appointed directors shall present to the secretary of state an application for a certificate of organization for the conservation district containing the information prescribed by Subsection (b) of this section and a statement from the state board containing the information prescribed by Subsection (c) of this section. The application and the statement are not required to contain any detail other than a recital of the information required by this section. (b) The application for the certificate must contain: (1) a statement that: (A) a petition for the creation of the conservation district was filed with the state board in accordance with this chapter; (B) the proceedings specified in this chapter were taken relative to that petition; (C) the application is being filed in order to complete the organization of the conservation district as a governmental subdivision and a public body corporate and politic under this chapter; and (D) the state board has appointed the applicants as directors; (2) the name and official residence of each of the appointed directors; (3) a certified copy of the appointment of the directors evidencing their right to office; (4) the term of office of each of the appointed directors; (5) the name that is proposed for the conservation district; and (6) the location of the principal office of the appointed directors. (c) The statement of the state board must set forth the boundaries of the conservation district and certify that: (1) a petition was filed, notice issued, and a hearing held as required by this chapter; (2) the board did determine that there is need, in the interest of the public health, safety, and welfare, for a conservation district to function in the proposed territory; (3) the board did define the boundaries of the conservation district; (4) notice was given and an election held on the question of the creation of the conservation district; (5) the result of the election showed a two-thirds majority of the votes cast in the election to be in favor of the creation of the conservation district; and (6) the board did determine that the operation of the conservation district is administratively practicable and feasible. (d) The directors shall subscribe and swear to the application before an officer authorized by law to take and certify oaths. That officer shall certify on the application that the officer personally knows the directors, that the officer knows them to be the directors as affirmed in the application, and that each director has subscribed to the application in the officer's presence. Acts 1981, 67th Leg., p. 1467, ch. 388, Sec. 1, eff. Sept. 1, 1981.