By: Metcalf, Bell, Keough, Perez, Murphy H.B. No. 2358
A BILL TO BE ENTITLED
AN ACT
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.