SRC-MKV S.B. 884 77(R)BILL ANALYSIS


Senate Research CenterS.B. 884
By: Lucio
Natural Resources
5/29/2001
Enrolled


DIGEST AND PURPOSE 

Many farmers, ranchers, and other landowners are moving to towns or
subdivided properties that are no longer within the boundaries of
irrigation districts, and by current law, only residents of the district
may vote in the elections of the district.  Therefore, many farmers,
ranchers, and landowners that are recipients of the services and water of
the district and contributors of the funds associated with taxes,
assessments, and water deliveries are unable to participate in the election
process.  S.B. 884 allows a landowner to vote in district elections without
residing in the district.  The bill also allows a landowner to choose a
representative to cast the landowner's vote. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 58, Water Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  ELECTION PROVISIONS

Sec. 58.221.  LANDOWNER.  Defines "landowner" to refer to a single
landowner who is the owner of record of fee simple title to a parcel of
land located within the boundaries of an irrigation district, regardless of
whether the title to the parcel of land is held by an individual landowner,
two or more individual landowners, or a corporation, partnership, or other
business entity. 

Sec. 58.222.  ELIGIBILITY TO VOTE.  Entitles a landowner or the landowner's
registered representative under this subchapter, notwithstanding the
Election Code and any other law, to one vote in an election conducted by an
irrigation district only if the landowner satisfies certain requirements. 

Sec. 58.223.  ELIGIBILITY REQUIREMENTS.  Sets forth eligibility
requirements for a landowner or the landowner's registered representative
to vote. 

Sec. 58.224.  REGISTRATION REQUIRED.  (a) Requires a landowner who elects
to designate a representative to vote on behalf of the landowner to
register the representative to vote on a form prescribed by the district. 

(b) Requires the form to be received by the district on or before the 20th
day before the date of the election. 

  (c) Provides that the registration is valid for a period prescribed by
the district. 

(d) Requires the district to prepare a list of qualified voters as shown by
the district's  records as of the 60th day before the date of a district
election.  Requires the district, on or before the 40th day before the date
of an election to carry out certain duties. 

(e) Provides that only an individual landowner or a registered
representative of a landowner whose name appears on the list of qualified
voters is eligible to vote in a district election. 

Sec. 58.225.  VOTING BY REPRESENTATIVE.  (a) Authorizes a landowner to
authorize an individual to vote in a district election as the landowner's
representative as provided by this subchapter. 

(b) Requires the vote to be made by a registered representative if
ownership of the land is vested in more than one individual or by a
corporation, partnership, or other business entity. 

Sec. 58.226. LIABILITY FOR DISTRICT TAXES AND DEBTS.  (a)  Provides that a
person who on January 1 of each year is not eligible under this subchapter
to vote in an election held by a district is not liable for any tax imposed
by the district under Subchapter L or M during the year in which the person
is not eligible to vote. 

(b) Provides that a person continues to be liable for the payment of
certain taxes and fees. 

SECTION 2.  Effective date: September 1, 2001.