Texas Water Code 49.1025 – Qualified Voters in Confirmation Election
(a) In this section, “developer of property in the district” has the meaning assigned by § 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.
Terms Used In Texas Water Code 49.1025
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- District: means any district or authority created by authority of either Sections Texas Water Code 49.001
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) In addition to the procedures for accepting a voter under § 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 § 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 § 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: