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A BILL TO BE ENTITLED
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AN ACT
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relating to the affidavit of a voter in a confirmation election for |
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a water district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 49, Water Code, is amended |
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by adding Section 49.1025 to read as follows: |
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Sec. 49.1025. VOTER AFFIDAVIT IN CONFIRMATION ELECTION. |
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(a) A voter in a district confirmation election, or any election to |
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authorize taxes and bonds held in conjunction with a district |
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confirmation election, must be a qualified voter of the district as |
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provided by the Election Code. |
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(b) In a district confirmation election, or any election to |
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authorize taxes and bonds held in conjunction with a district |
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confirmation election, a vote cast shall be an illegal vote, as |
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defined by Section 221.003(b), Election Code, and a district may |
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not count the vote of a person who: |
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(1) on the date of the election, was a developer of |
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property in the district; |
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(2) on the date of the election, was related within the |
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third degree of affinity or consanguinity to a developer of |
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property in the district; |
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(3) on the date of the election, was an employee of any |
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developer of property in the district; or |
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(4) has received monetary consideration from any |
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developer of property in the district in exchange for a vote. |
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(c) As part of the acceptance of a voter offering to vote in |
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a district confirmation election, as provided by Chapter 63, |
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Election Code, the election officer shall obtain a voter affidavit |
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from the voter in the form and with the contents specified in this |
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section. If the voter is unable or unwilling to complete the voter |
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affidavit, the voter may be accepted for provisional voting only |
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under Section 63.011, Election Code. |
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(d) The district shall submit original or certified copies |
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of voter affidavits to the office of the attorney general in a |
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transcript of proceedings of the confirmation election. |
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(e) The form of the voter affidavit shall be prescribed by |
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the office of the attorney general. |
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(f) The voter affidavit shall require the voter to state |
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under oath: |
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(1) that the voter resided within the boundaries of |
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the district on the date of the confirmation election, including |
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the address of such residence; |
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(2) the date that the voter moved into the district, |
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which shall be at least 30 days prior to the date of the election; |
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and |
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(3) the effective date of the voter's voter |
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registration and that to the best of the voter's knowledge, the |
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voter registration was valid and effective on the date of the |
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confirmation election for the district. |
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(g) The voter affidavit shall include each of the following |
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statements: |
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(1) "I am not, and was not on the date of the election: |
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(i) a developer of property in the district; (ii) related within the |
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third degree of affinity or consanguinity to a developer of |
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property in the district; or (iii) an employee of any developer of |
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property in the district." |
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(2) "I have not received monetary consideration from |
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any developer of property in the district in exchange for a vote." |
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(h) As used in this section, "developer of property in the |
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district" shall be defined as in Section 49.052(d). |
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(i) Compliance with the requirements of this section or the |
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validity of a voter affidavit may be challenged only in an election |
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contest brought under Title 14, Election Code. |
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SECTION 2. Section 49.102(e), Water Code, is amended to |
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read as follows: |
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(e) If a majority of the legal votes cast in the election |
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favor the creation of the district, then the temporary board shall |
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declare that the district is created and enter the result in its |
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minutes. If a majority of the legal votes cast in the election are |
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against the creation of the district, the temporary board shall |
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declare that the district was defeated and enter the result in its |
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minutes. A copy of the order shall be filed with the commission. |
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SECTION 3. This Act takes effect January 1, 2018. |