Bill Text: TX HB2358 | 2017-2018 | 85th Legislature | Enrolled
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-Enrolled.html
H.B. No. 2358 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2358 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 143, Nays 2, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2358 on May 26, 2017, by the following vote: Yeas 138, Nays 5, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2358 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |