By Lucio                                               S.B. No. 884
         77R1833 PAM-F                           
                                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 holds fee simple title
1-10     to a parcel of land, regardless of whether the title to the parcel
1-11     of land is held by:
1-12                 (1)  an individual landowner;
1-13                 (2)  two or more individual landowners; or
1-14                 (3)  a corporation, partnership, or other business
1-15     entity.
1-16           Sec. 58.222.  ELIGIBILITY TO VOTE.  Notwithstanding the
1-17     Election Code and any other law, a landowner is entitled to one
1-18     vote in an election conducted by an irrigation district only if the
1-19     landowner:
1-20                 (1)  owns at least one acre of irrigable land located
1-21     in the district;
1-22                 (2)  is entitled to receive and use irrigation water
1-23     delivered by the district through the district's irrigation
1-24     facilities; and
 2-1                 (3)  satisfies all other requirements for voting
 2-2     prescribed by this subchapter.
 2-3           Sec. 58.223.  ELIGIBILITY REQUIREMENTS. An individual
 2-4     landowner, or the landowner's registered representative, is
 2-5     eligible to vote only if the individual:
 2-6                 (1)  is 18 years of age or older;
 2-7                 (2)  is a United States citizen;
 2-8                 (3)  has not been determined mentally incompetent by a
 2-9     final judgment of a court;
2-10                 (4)  has not been finally convicted of a felony or, if
2-11     so convicted, has:
2-12                       (A)  fully discharged the individual's sentence,
2-13     including any term of incarceration, parole, or supervision, or
2-14     completed a period of probation ordered by any court; or
2-15                       (B)  been pardoned or otherwise released from the
2-16     resulting disability to vote; and
2-17                 (5)  is registered to vote under Section 58.224.
2-18           Sec. 58.224.  REGISTRATION REQUIRED. (a)  To be eligible to
2-19     vote in district elections, a landowner must register to vote or
2-20     register a representative to vote on a form prescribed by the
2-21     district.
2-22           (b)  The form must be received by the district on or before
2-23     the 30th day before the date of the election.
2-24           (c)  The registration is valid for a period prescribed by the
2-25     district.
2-26           Sec. 58.225.  VOTING BY REPRESENTATIVE. (a)  A landowner may
2-27     authorize an individual to vote in a district election as the
 3-1     landowner's representative.
 3-2           (b)  If fee simple title to the land is held by more than one
 3-3     individual or by a corporation, partnership, or other business
 3-4     entity, the vote must be made by a registered representative.
 3-5           Sec. 58.226.  LIST OF REGISTERED VOTERS.  (a)  On or before
 3-6     the 10th day before the date of an election, the district shall
 3-7     file with the county clerk of each county within which the
 3-8     district's boundaries are located a list of registered voters as
 3-9     shown by the district's records as of the 30th day before the date
3-10     of the election.
3-11           (b)  Only an individual landowner or registered
3-12     representative of a landowner whose name appears on the list of
3-13     registered voters is eligible to vote in a district election.
3-14           SECTION 2. This Act takes effect September 1, 2001.