Under the terms of Texas Election Code, Article 1.08a, every transcript submitted involving an authorization election shall affirmatively show by affidavit of the chief executive officer of the issuer or of the officer of the issuer charged by law with the immediate superintendence of the election the following:

1. (1) the census used for determining the percentage of persons of Spanish origin or descent within the territorial jurisdiction of the issuer is the last preceding federal decennial census for which the enumeration date was more than two years before January 1 of the calendar year in which the election was held;

2. (2) 5.0% or more of the inhabitants thereof are persons of Spanish origin or descent according to said decennial census, or:

   1. (A) that less than 5.0% of the inhabitants are of Spanish origin or descent thus determined and no bilingual materials were supplied under the act, supported by a certified copy of a certificate executed by the presiding officer of the governing body of the issuer and approved by the governing body, identifying the election precinct(s) for which exemption is claimed, together with an abstract of the official census information or other information relied on to support the exemption, and maps of the precinct boundaries and the boundaries of the census enumeration areas referred to in the abstract, accompanied by an authenticated copy of the resolution or other document evidencing the governing body's approval. Attached must be a certificate of the clerk or secretary of the political subdivision responsible for the expenses of the election that the foregoing, executed presiding officer's certificate was filed, with all attachments, with such clerk or secretary at least 30 days prior to the date of the election, and a further certification that no court of competent jurisdiction has entered any order negating such claimed exemption; or
   2. (B) that, although less than 5.0% of the inhabitants are of Spanish origin or descent as determined above, bilingual materials were furnished as required by subdivisions 3 and 5 of the Act, supported by the documentation required herein applicable to issuers conducting an election in one or more precincts of 5.0% or more Spanish origin-descent inhabitancy;
3. (3) voting machines or paper ballots, or a combination thereof, were employed in the election and that all applicable requirements thereto, as specified in Article 1.08a of the Election Code have been fully met;

4. (4) translations into Spanish:

   1. (A) declaration by a Spanish translator, stating his training and experience in writing translations of English into Spanish, particularly the type of translations, in which he is experienced, and number of years engaged in such work, that such translator did fully and accurately translate the English election and registration materials, specified and as applicable in the Act into Spanish election and registration texts for such materials actually used in such election;
   2. (B) certification of translation by the Office of the Secretary of State of Texas is alternately acceptable;

5. (5) exemptions:

   1. (A) that there has been no change in election precinct boundaries, where exemption is claimed, since such decennial census or, if there has been, the requirements above must be amended accordingly and submitted when such change results in a change in the exempt precincts;
   2. (B) to continue an exemption, new submissions above must be made following each decennial census.

Source Note:The provisions of this §53.21 adopted to be effective January 1, 1976.