1-1     By:  Lucio                                             S.B. No. 884
 1-2           (In the Senate - Filed February 22, 2001; February 26, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     March 15, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 15, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 884                    By:  Lucio
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to eligibility to vote in an election held by an
1-11     irrigation district.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 58, Water Code, is amended by adding
1-14     Subchapter E to read as follows:
1-15                     SUBCHAPTER E.  ELECTION PROVISIONS
1-16           Sec. 58.221.  LANDOWNER.  In this subchapter, a reference to
1-17     "landowner" refers to a single landowner who is the owner of record
1-18     of fee simple title to a parcel of land located within the
1-19     boundaries of a district, regardless of whether the title to the
1-20     parcel of land is held by:
1-21                 (1)  an individual landowner;
1-22                 (2)  two or more individual landowners; or
1-23                 (3)  a corporation, partnership, or other business
1-24     entity.
1-25           Sec. 58.222.  ELIGIBILITY TO VOTE.  Notwithstanding the
1-26     Election Code and any other law, a landowner or the landowner's
1-27     registered representative under this subchapter is entitled to one
1-28     vote in an election conducted by a district only if the landowner:
1-29                 (1)  owns at least one acre of irrigable land located
1-30     within the district's boundaries that is subject to an assessment
1-31     for maintenance and operating expenses under Sections 58.305(a) and
1-32     (b);
1-33                 (2)  is entitled to receive and use irrigation water
1-34     delivered by the district through the district's irrigation
1-35     facilities; and
1-36                 (3)  satisfies all other requirements for voting
1-37     prescribed by this subchapter.
1-38           Sec. 58.223.  ELIGIBILITY REQUIREMENTS.  An individual
1-39     landowner, or the landowner's registered representative, is
1-40     eligible to vote only if the individual:
1-41                 (1)  is 18 years of age or older;
1-42                 (2)  is a United States citizen;
1-43                 (3)  has not been determined mentally incompetent by a
1-44     final judgment of a court;
1-45                 (4)  has not been finally convicted of a felony or, if
1-46     so convicted, has:
1-47                       (A)  fully discharged the individual's sentence,
1-48     including any term of incarceration, parole, or supervision, or
1-49     completed a period of probation ordered by any court; or
1-50                       (B)  been pardoned or otherwise released from the
1-51     resulting disability to vote; and
1-52                 (5)  is included on the list of qualified voters
1-53     prepared under Section 58.224(d).
1-54           Sec. 58.224.  REGISTRATION REQUIRED.  (a)  A landowner who
1-55     elects to designate a representative to vote on behalf of the
1-56     landowner must register the representative to vote on a form
1-57     prescribed by the district.
1-58           (b)  The form must be received by the district on or before
1-59     the 20th day before the date of the election.
1-60           (c)  The registration is valid for a period prescribed by the
1-61     district.
1-62           (d)  The district shall prepare a list of qualified voters as
1-63     shown by the district's records as of the 60th day before the date
1-64     of a district election.  On or before the 40th day before the date
 2-1     of an election, the district shall:
 2-2                 (1)  file the list with the county clerk of each county
 2-3     within which the district's boundaries are located;
 2-4                 (2)  post the list in the district's office; and
 2-5                 (3)  post the list at each county courthouse in each
 2-6     county within which the district's boundaries are located.
 2-7           (e)  Only an individual landowner or a registered
 2-8     representative of a landowner whose name appears on the list of
 2-9     qualified voters is eligible to vote in a district election.
2-10           Sec. 58.225.  VOTING BY REPRESENTATIVE.  (a)  A landowner may
2-11     authorize an individual to vote in a district election as the
2-12     landowner's representative as provided by this subchapter.
2-13           (b)  If ownership of the land is vested in more than one
2-14     individual or in a corporation, partnership, or other business
2-15     entity, the vote must be made by a registered representative.
2-16           Sec. 58.226.  LIABILITY FOR DISTRICT TAXES AND DEBTS.  (a)  A
2-17     person who on January 1 of each year is not eligible under this
2-18     subchapter to vote in an election held by a district is not liable
2-19     for any tax imposed by the district under Subchapters L or M during
2-20     the year in which the person is not eligible to vote.
2-21           (b)  A person continues to be liable for the payment of:
2-22                 (1)  taxes imposed before the date on which a person
2-23     becomes ineligible to vote under this subchapter;
2-24                 (2)  the pro rata share of any district indebtedness
2-25     existing on the date on which a person becomes ineligible to vote
2-26     under this subchapter; and
2-27                 (3)  taxes imposed during any year in which the person
2-28     is eligible to vote under this subchapter.
2-29           SECTION 2.  This Act takes effect September 1, 2001.
2-30                                  * * * * *