Sec. 8852.023.  CONFIRMATION ELECTION.  (a)  The temporary board shall hold an election in each of the following territories in the district to confirm the creation of the district and the imposition of a maintenance tax:
(1)  the territory in the corporate limits of the city of Falfurrias as of January 1, 2009;
(2)  the territory in the corporate limits of the city of Alice as of January 1, 2009;
(3)  the territory:
(A)  in Brooks County that, as of January 1, 2009, is:
(i)  outside the corporate limits of the city of Falfurrias; and
(ii)  not in the Kenedy County Groundwater Conservation District; and
(B)  in Hidalgo County that is:
(i)  described by a metes and bounds description in Section 2 of the Act creating this chapter; and
(ii)  not in the Kenedy County Groundwater Conservation District as of January 1, 2009;
(4)  the territory in the certificated retail water service area of the Jim Hogg County Water Control and Improvement District No. 2 as of January 1, 2009;
(5)  the territory in Jim Hogg County that is outside the certificated retail water service area of the Jim Hogg County Water Control and Improvement District No. 2 as of January 1, 2009; and
(6)  the territory in Jim Wells County that, as of January 1, 2009, is:
(A)  outside the corporate limits of the city of Alice; and
(B)  not in the Kenedy County Groundwater Conservation District.
(b)  Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.
(c)  Except as provided by this section, an election under this section must be conducted as provided by Sections 36.017(b), (c), and (e), Water Code, and the Election Code.
(d)  The ballot for the election must be printed to provide for voting for or against the proposition:  "The creation of the Brush Country Groundwater Conservation District and the levy of an ad valorem tax in the district at a rate not to exceed three cents for each $100 of assessed valuation."
(e)  If the majority of voters in a territory described by Subsection (a) voting at an election held under this section vote to confirm the creation of the district, that territory is included in the district.  If the majority of voters in a territory described by Subsection (a) voting at an election held under this section vote not to confirm the creation of the district, that territory is excluded from the district.
(f)  If the majority of voters in any of the territories described by Subsection (a) voting at an election held under this section vote not to confirm the creation of the district, the temporary board or any successor board may hold a subsequent confirmation election in that territory.
(g)  The district may not impose a maintenance tax unless the tax is confirmed under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1396 (S.B. 2456), Sec. 1, eff. June 19, 2009.