HBA-LJP S.B. 884 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 884 By: Lucio Natural Resources 4/2/2001 Engrossed BACKGROUND AND PURPOSE Many farmers, ranchers, and other landowners are moving to towns or subdivided properties that are no longer within the boundaries of irrigation districts. Under current law, only residents of the irrigation district are authorized to vote in the elections of the district. As a result, many farmers, ranchers, and landowners that receive the services and water of the irrigation district and help fund the district with taxes, assessments, and water delivery fees are unable to participate in the election process of the district. Senate Bill 884 authorizes a landowner or a representative of a landowner to vote in irrigation district elections without residing in the district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 884 amends the Water Code to set forth that provisions relating to irrigation district (district) elections apply to a single landowner who is the owner of record of fee simple title to a parcel of land located within the boundaries of a district, regardless of whether the title to the parcel of land is held by an individual landowner, two or more individual landowners, or a corporation, partnership, or other business entity. The bill authorizes a landowner to authorize an individual to vote in a district election as the landowner's representatives and provides that a vote must be made by a registered representative if the ownership of the land is vested in more than one individual or entity. The bill provides that an applicable landowner or the landowner's registered representative is entitled to one vote in an election conducted by a district if the landowner: _owns at least one acre of irrigable land located within the district's boundaries that is subject to an assessment for maintenance and operating expenses; _is entitled to receive and use irrigation water delivered by the district through the district's irrigation facilities; and _satisfies all other requirements for voting. The bill sets forth provisions relating to the eligibility requirements of an individual landowner or the landowner's registered representative to vote in an election. The bill provides that a landowner who elects to designate a representative to vote on behalf of the landowner must register to vote on a form prescribed by the district and the form must be received by the district on or before the 20th day before the date of the election. The bill provides that the registration is valid for a period prescribed by the district. The bill requires a district to prepare a list of qualified voters as shown by the district's records as of the 60th day before the date of the election and sets forth provisions relating to the required postings and filings of the list by a district on or before the 40th day before the date of the election. The bill provides that an individual or a registered representative of a landowner whose name appears on the list is eligible to vote in a district election. The bill provides that a person who on January 1 of each year is not eligible to vote in an irrigation election is not liable for any ad valorem or benefit-based taxes imposed by the district during the year in which the person is not eligible to vote. The bill also sets forth the taxes and the pro rata shares that the person continues to be liable for payment of during that year. EFFECTIVE DATE September 1, 2001.