(a) The commission may appoint a director or directors to fill a vacancy or vacancies on the board of:
  (1) a district that is subject to commission bond review under Texas Water Code, §49.181 if the number of directors is reduced to fewer than a majority or if a vacancy continues beyond the 90th day after it occurs, as provided by Texas Water Code, §49.105(c); and
  (2) other districts where specifically provided by law.
(b) Requests for Appointment due to less than a quorum of board members shall be accompanied by the following:
  (1) petition signed by a landowner within the district requesting appointment of a director or directors to fill one or more vacancies on the board;
  (2) evidence of each former director's failure or refusal to qualify or serve for each vacancy on the board to be filled;
  (3) requests for consideration of appointment as director in the form shown in §293.34 of this title (relating to Form of Affidavit for Appointment as Director) for those persons desiring consideration as director for vacant positions;
  (4) certified mail receipt verifying that notice of the application for appointment of directors was sent to the district's official address and each director as shown on the district's latest registration form;
  (5) an application fee of $100; and
  (6) any other information as the executive director may require.
(c) The executive director or a landowner within the district may request appointment of a director to fill a vacancy that has not been filled by the remaining board members after the 90th day a position becomes vacant. Any request submitted by a landowner under this subsection shall include:
  (1) evidence that the position has been vacant for more than 90 days;
  (2) nomination of a candidate who meets the director qualifications as evidenced by completion of the form shown in §293.34 of this title (relating to Form of Affidavit for Appointment as Director); and
  (3) certified mail receipt verifying that a copy of the request to fill the vacancy was sent to the district's official address and each director as shown on the district's latest registration form.

Source Note: The provisions of this §293.33 adopted to be effective September 5, 1986, 11 TexReg 3735; amended to be effective June 30, 1993, 18 TexReg 3758; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective September 14, 2000, 25 TexReg 8955