CREATION BY COUNTIES AND MUNICIPALITIES

(a) The governing body of one or more counties and the most populous municipality in the most populous county may by concurrent order or ordinance create a district. At the time of creation, a district must include: (1) a county with a population of 3.3 million or more; and (2) that municipality. (b) The order or ordinance creating the district: (1) must specify: (A) the number of district directors and who appoints the directors; and (B) the method of selecting the board's presiding officer; and (2) may specify terms and conditions that are not expressly inconsistent with this chapter. (c) If the most populous county in the district contains a countywide navigation district and the presiding officer of the navigation district is jointly appointed by that county and the most populous municipality in that county, the order or ordinance creating the district must specify that: (1) the presiding officer of the navigation district is a director of the freight rail district; and (2) at least one director must be jointly appointed by the mayors of the municipalities in the district, except for the mayor of the most populous municipality in the most populous county. (d) The common law doctrine of incompatibility does not apply to a director serving under Subsection (c)(1) with regard to the director's service for the freight rail district or for the navigation district.