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.