By: Metcalf 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.