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.