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Ely
Ely, Counselor at Law
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An entity on the Gulf of Mexico, representing big industry,

Resolved Question:

An entity on the Gulf of Mexico, representing big industry, sent a petition to over a 1000 stakeholders on the Brazos River so as to send to hearing at State Office in Austin. Their goal is a watermaster on the Brazos River basin. The threshold needed to send this to a hearing was only 25 signatures (for the longest river basin in Texas!) They obtained 37.
Many of the non-industry "signees" were elderly, very ill, or have been dead for many years. They were misled into thinking they were helping agricultural users.

However, when the alleged "signees" began to understand the true nature of the petition. many withdrew, bring the number to about 12-14 "signees". Well below the threshold.

I need to disprove the validity of the petition. I need to write a short brief

My Question: What are the elements needed elements of a VALID PETITION?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Because this is an internal corporate matter, no legal statutory authority in Texas dictates as to what constitutes a petition. This is because the petition is for internal use of the corporation.

As such, default common rule law applies. The petition only requires a (1) statement and (2) a signature.

However, this does not mean that if the shareholders act, this matter cannot be 'quashed.' Opposing shareholders can still (1) vote down any move in the corporation via a shareholder's meeting, and/or (2) move the Court to appoint someone to handle the matter if the corporate's internal divisions are too strong.

In other words, the petition itself is simply a prelude to internal corporate action by agreeing shareholders - it itself does nothing.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer: replied 1 year ago.


This is not an internal corporate matter at all. There are no shareholders.


 


A petition was mailed by the Gulf Coast Water Authority (a coalition primarily of big industries).


 


Again, What is required to make this a VALID petition?

Expert:  Ely replied 1 year ago.
Hello,

Ah, my apologies. You stated:

"sent a petition to over a 1000 stakeholders on the Brazos River..."

By "stakeholders," I thought you mean "shareholders."

Again, What is required to make this a VALID petition?

What entity/state agency was the petition specifically sent to, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


The Gulf Coast Water Authorty and The Brazos River Coaltion (These are not state agencies, but corparate entities (eg Dow Chemical, NRG Energy, etc) that have united. Their attorney sent a petition to over 1000 water right-holders on the Brazos River Basin. They only got 37 alleged signature requesting a Watermaster. Ten of those were the business entities on the Gulf. That leaves about 27 farmers and ranchers who were "signed".


however, they were misled/deceived in that they were told they were protecting their rights or that a Watermaster would protect agricultural interests. Many alleged signees were deceassed, ill with cancer, elderly and demented. None of these "signatures" were authenticated or notarized.


At any rate, once a threshold of 25 or more signees is met, Gulf Coast Water Authority brought petition to TCEQ, who sent it to the State Office of Admin. Hearing (SOAH)


Upon discovering the true nature of the petition (Water Grab by entities on the Gulf), the petition-signers were angered and began withdrawing - this to a great exent. There are now only about 12 alleged petition signers (remember 8 of those are from the Gulf Coast). All of the Withdraws were notarized.


In order to win on a Juristictional issue, I must disprove the Validity of The petition.


This brings me to my original question:


 


What elements are needed to have a valid petition.

Expert:  Ely replied 1 year ago.
Hello,

Thank you for your clarification.

There are not elements outlined for a "valid petition" in Texas Statutes. This is not a legal filing, and as such, no "elements" are outlined. This is a pressure tactic used by the attorney and it includes a generic petition with signatures. However, it is "informal" and no more formal than a letter (that just happens to have 12/25 signatures).

In summary, there is no official requirement of elements for an informal petition.

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