By: Metcalf, et al. (Senate Sponsor - Kolkhorst) H.B. No. 2358
(In the Senate - Received from the House May 10, 2017;
May 10, 2017, read first time and referred to Committee on
Agriculture, Water & Rural Affairs; May 19, 2017, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 7, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2358 By: Perry
A BILL TO BE ENTITLED
AN ACT
relating to eligible voters in a confirmation election for a
conservation and reclamation 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 49.1025 to read as follows:
Sec. 49.1025. QUALIFIED VOTERS IN CONFIRMATION ELECTION.
(a) In this section, "developer of property in the district" has
the meaning assigned by Section 49.052(d).
(b) A voter in a confirmation election or an election held
jointly with a confirmation election on the same date and in
conjunction with the confirmation election to authorize taxes and
bonds must be a qualified voter of the district. For the purposes
of an election described by this subsection, a person is not a
qualified voter if the person:
(1) on the date of the election:
(A) is a developer of property in the district;
(B) is related within the third degree of
affinity or consanguinity to a developer of property in the
district;
(C) is an employee of a developer of property in
the district; or
(D) has resided in the district less than 30
days; or
(2) received monetary consideration from a developer
of property in the district in exchange for the person's vote.
(c) In addition to the procedures for accepting a voter
under Section 63.001, Election Code, the election officer shall
provide to the voter the form of the affidavit required by this
section. The election officer must receive a completed affidavit
before marking the voter as accepted under Section 63.001(e),
Election Code. If the voter does not submit a completed affidavit
to the election officer or the information stated on the affidavit
demonstrates the voter is not a qualified voter as provided by this
section, the voter may be accepted only to vote provisionally 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 the proceedings of the confirmation election.
(e) The office of the attorney general shall prescribe the
form of the voter affidavit.
(f) The voter affidavit must require the voter to state
under oath:
(1) the address of the voter and that the voter resides
in the territory of the district;
(2) the date the voter changed the voter's residence to
the address provided under Subdivision (1); and
(3) that the voter, to the best of the voter's
knowledge, believes that the voter's registration is effective on
the date of the election.
(g) The affidavit must include the following statement:
"I am not a developer of property in the district, related within
the third degree of affinity or consanguinity to a developer of
property in the district, or an employee of a developer of property
in the district. I have not received monetary consideration from a
developer of property in the district for my vote in this election."
(h) Compliance with this section or the validity of a voter
affidavit may only be challenged in an election contest under Title
14, Election Code.
SECTION 2. This Act takes effect January 1, 2018.
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