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 * * * * *