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


Senate Research Center   S.B. 884
77R1833 PAM-FBy: Lucio
Natural Resources
3/12/2001
As Filed


DIGEST AND PURPOSE 

Currently, 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.  As proposed, 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 holds fee simple title to a parcel of land, 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, 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 to register
to vote or register a representative to vote on a form prescribed by the
district to be eligible to vote in district elections. 

(b) Requires the form to be received by the district on or before the 30th
day before the date of the election. 

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

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. 

 (b) Requires the vote to be made by a registered representative if fee
simple title to the land is held by more than one individual or by a
corporation, partnership, or other business entity. 

Sec. 58.226.  LIST OF REGISTERED VOTERS.  (a) Requires the district, on or
before the 10th day before the date of an election, to file with the county
clerk of each county within which the district's boundaries are located a
list of registered voters as shown by the district's records as of the 30th
day before the date of the election. 

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

SECTION 2.  Effective date: September 1, 2001.