Bill Text: TX HB2358 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to eligible voters in a confirmation election for a conservation and reclamation district.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2017-06-15 - Effective on 1/1/18 [HB2358 Detail]
Download: Texas-2017-HB2358-Introduced.html
Bill Title: Relating to eligible voters in a confirmation election for a conservation and reclamation district.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2017-06-15 - Effective on 1/1/18 [HB2358 Detail]
Download: Texas-2017-HB2358-Introduced.html
By: Metcalf | H.B. No. 2358 |
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Relating to the affidavit of a voter in a confirmation election for | ||
a water district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 49, Water Code, is amended | ||
by adding Section 49.0125 to read as follows: | ||
Sec. 49.1025. VOTER AFFFIDAVIT IN CONFIRMATION ELECTION. | ||
(a) A voter in a district confirmation election, or any election to | ||
authorize taxes and bonds held in conjunction with a district | ||
confirmation election, must be a qualified voter of the district as | ||
provided by the Election Code. | ||
(b) In a district confirmation election, or any election to | ||
authorize taxes and bonds held in conjunction with a district | ||
confirmation election, a vote cast shall be an illegal vote, as | ||
defined by Section 221.003(b), Election Code, and a district may | ||
not count the vote of a person who: | ||
(i) on the date of the election, was a developer of | ||
property in the district; | ||
(ii) on the date of the election, was related within | ||
the third degree of affinity or consanguinity to a developer of | ||
property in the district; | ||
(iii) on the date of the election, was an employee of | ||
any developer of property in the district; or | ||
(iv) has received monetary consideration from any | ||
developer of property in the district in exchange for a vote. | ||
(c) As part of the acceptance of a voter offering to vote in | ||
a district confirmation election, as provided by Chapter 63, | ||
Election Code, the election officer shall obtain a voter affidavit | ||
from the voter in the form and with the contents specified in this | ||
section. If the voter is unable or unwilling to complete the voter | ||
affidavit, the voter may be accepted for provisional voting only | ||
under Section 63.011, Election Code. | ||
(d) The district shall submit original or certified copies | ||
of voter affidavits to the Office of the Attorney General in a | ||
transcript of proceedings of the confirmation election. | ||
(e) The form of the voter affidavit shall be prescribed by | ||
the Office of the Attorney General. | ||
(f) The voter affidavit shall require the voter to state | ||
under oath: | ||
(i) That the voter resided within the boundaries of | ||
the district on the date of the confirmation election, including | ||
the address of such residence; | ||
(ii) The date that the voter moved into the district, | ||
which shall be at least 30 days prior to the date of the election; | ||
and | ||
(iii) The effective date of the voter's voter | ||
registration and that to the best of the voter's knowledge, the | ||
voter registration was valid and effective on the date of the | ||
confirmation election for the district. | ||
(g) The voter affidavit shall include each of the following | ||
statements: | ||
(i) "I am not, and was not on the date of the election: | ||
i) a developer of property in the District; ii) related within the | ||
third degree of affinity or consanguinity to a developer of | ||
property in the district; or iii) an employee of any developer of | ||
property in the district." | ||
(ii) "I have not received monetary consideration from | ||
any developer of property in the district in exchange for a vote." | ||
(h) As used in this section, "developer of property in the | ||
district" shall be defined as in Section 49.052(d). | ||
(i) Compliance with the requirements of this section or the | ||
validity of a voter affidavit may be challenged only in an election | ||
contest brought under Title 14, Election Code. | ||
SECTION 2. Section 49.102(e), Water Code, is amended to | ||
read as follows: | ||
(e) If a majority of the legal votes cast in the election | ||
favor the creation of the district, then the temporary board shall | ||
declare that the district is created and enter the result in its | ||
minutes. If a majority of the legal votes cast in the election are | ||
against the creation of the district, the temporary board shall | ||
declare that the district was defeated and enter the result in its | ||
minutes. A copy of the order shall be filed with the commission. | ||
SECTION 3. This Act takes effect January 1, 2018. |