1. (a) If the commission orders, pursuant to §294.42(i)(3) of this title (relating to Commission Action Concerning PGMA Designation), that the PGMA or a portion of the PGMA be added to an existing district it shall give notice to the board of the existing district.

   1. (1) The commission shall submit a copy of the order to the board of the district to which it is recommending the PGMA be added and to any other existing districts adjacent to the PGMA.
   2. (2) The board shall vote on the addition of the PGMA to the district and shall advise the commission of the outcome.

2. (b) If the board votes to accept the addition of the PGMA to their district, the board:

   1. (1) may request the Texas Agricultural Extension Service, the commission, the Texas Water Development Board, and other state agencies to administer an educational program to inform the residents of the status of the area's water resources and management options including possible annexation into a district;
   2. (2) shall call an election within the PGMA as delineated by the commission to determine if the PGMA will be added to their district; and
   3. (3) shall designate election precincts and polling places for the elections in the board's order calling for an election under this subsection.
3. (c) The board shall give notice of the election and the proposition to be voted on. The board shall publish notice of the election at least one time in one or more newspapers with general circulation within the boundaries of the PGMA. The notice must be published before the 30th day preceding the date set for the election.
4. (d) The ballots for the election shall be printed to provide for voting for or against the proposition: "The inclusion of _________ (briefly describe the PGMA) in the _______ District." If the district has outstanding debts or taxes, the proposition shall include the following language:"and assumption by the described area of a proportional share of the debts or taxes of the district."
5. (e) Immediately after the election, the presiding judge of each polling place shall deliver the returns of the election to the board, and the board shall canvass the returns for the election within the PGMA and declare the results. If a majority of the voters in the PGMA voting on the proposition vote against adding the PGMA to the district, the board shall declare that the PGMA is not added to the district. The board shall file a copy of the election results with the commission.
6. (f) If the voters approve adding the PGMA to the district, the board of the district to which the PGMA is added shall provide reasonable representation on that board compatible with the district's existing scheme of representation.
7. (g) If the proposition is defeated, another election to add the PGMA to an existing district may not be called before the first anniversary of the date on which the election on the proposition was held.
8. (h) The costs of an election to add a PGMA to an existing district at which the voters approve adding the PGMA to the district shall be paid by the existing district. The costs of an election to create a district or add a PGMA area to an existing district at which the proposition fails shall be paid by the commission.
9. (i) If the proposition is defeated, the commission may recommend to the legislature under Texas Water Code §35.018(c) in its biennial report whether legislative action should be taken to address the need for groundwater management in the PGMA.

Source Note:The provisions of this §294.44 adopted to be effective February 21, 1999, 24 TexReg 965.