By: Lucio S.B. No. 884 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to eligibility to vote in an election held by an 1-3 irrigation district. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 58, Water Code, is amended by adding 1-6 Subchapter E to read as follows: 1-7 SUBCHAPTER E. ELECTION PROVISIONS 1-8 Sec. 58.221. LANDOWNER. In this subchapter, a reference to 1-9 "landowner" refers to a single landowner who is the owner of record 1-10 of fee simple title to a parcel of land located within the 1-11 boundaries of a district, regardless of whether the title to the 1-12 parcel of land is held by: 1-13 (1) an individual landowner; 1-14 (2) two or more individual landowners; or 1-15 (3) a corporation, partnership, or other business 1-16 entity. 1-17 Sec. 58.222. ELIGIBILITY TO VOTE. Notwithstanding the 1-18 Election Code and any other law, a landowner or the landowner's 1-19 registered representative under this subchapter is entitled to one 1-20 vote in an election conducted by a district only if the landowner: 1-21 (1) owns at least one acre of irrigable land located 1-22 within the district's boundaries that is subject to an assessment 1-23 for maintenance and operating expenses under Sections 58.305(a) and 1-24 (b); 1-25 (2) is entitled to receive and use irrigation water 2-1 delivered by the district through the district's irrigation 2-2 facilities; and 2-3 (3) satisfies all other requirements for voting 2-4 prescribed by this subchapter. 2-5 Sec. 58.223. ELIGIBILITY REQUIREMENTS. An individual 2-6 landowner, or the landowner's registered representative, is 2-7 eligible to vote only if the individual: 2-8 (1) is 18 years of age or older; 2-9 (2) is a United States citizen; 2-10 (3) has not been determined mentally incompetent by a 2-11 final judgment of a court; 2-12 (4) has not been finally convicted of a felony or, if 2-13 so convicted, has: 2-14 (A) fully discharged the individual's sentence, 2-15 including any term of incarceration, parole, or supervision, or 2-16 completed a period of probation ordered by any court; or 2-17 (B) been pardoned or otherwise released from the 2-18 resulting disability to vote; and 2-19 (5) is included on the list of qualified voters 2-20 prepared under Section 58.224(d). 2-21 Sec. 58.224. REGISTRATION REQUIRED. (a) A landowner who 2-22 elects to designate a representative to vote on behalf of the 2-23 landowner must register the representative to vote on a form 2-24 prescribed by the district. 2-25 (b) The form must be received by the district on or before 2-26 the 20th day before the date of the election. 3-1 (c) The registration is valid for a period prescribed by the 3-2 district. 3-3 (d) The district shall prepare a list of qualified voters as 3-4 shown by the district's records as of the 60th day before the date 3-5 of a district election. On or before the 40th day before the date 3-6 of an election, the district shall: 3-7 (1) file the list with the county clerk of each county 3-8 within which the district's boundaries are located; 3-9 (2) post the list in the district's office; and 3-10 (3) post the list at each county courthouse in each 3-11 county within which the district's boundaries are located. 3-12 (e) Only an individual landowner or a registered 3-13 representative of a landowner whose name appears on the list of 3-14 qualified voters is eligible to vote in a district election. 3-15 Sec. 58.225. VOTING BY REPRESENTATIVE. (a) A landowner may 3-16 authorize an individual to vote in a district election as the 3-17 landowner's representative as provided by this subchapter. 3-18 (b) If ownership of the land is vested in more than one 3-19 individual or in a corporation, partnership, or other business 3-20 entity, the vote must be made by a registered representative. 3-21 Sec. 58.226. LIABILITY FOR DISTRICT TAXES AND DEBTS. (a) A 3-22 person who on January 1 of each year is not eligible under this 3-23 subchapter to vote in an election held by a district is not liable 3-24 for any tax imposed by the district under Subchapters L or M during 3-25 the year in which the person is not eligible to vote. 3-26 (b) A person continues to be liable for the payment of: 4-1 (1) taxes imposed before the date on which a person 4-2 becomes ineligible to vote under this subchapter; 4-3 (2) the pro rata share of any district indebtedness 4-4 existing on the date on which a person becomes ineligible to vote 4-5 under this subchapter; and 4-6 (3) taxes imposed during any year in which the person 4-7 is eligible to vote under this subchapter. 4-8 SECTION 2. This Act takes effect September 1, 2001.