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Senate Bill 611 |
Senate Author: Lucio |
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Effective: 9-1-13 |
House Sponsor: Lucio III |
Senate Bill 611 amends the Water Code to revise and clarify statutory provisions relating to irrigation water charges and assessments of water control and improvement districts, water improvement districts, and irrigation districts. Current law requires a person who desires to receive irrigation water at any time during the year to furnish the secretary of the board of directors of the applicable district a written statement specifying the person's needs. The bill makes this requirement contingent on the statement being required by the board.
Previous law required a district board to estimate the expenses of maintaining and operating the district's irrigation system for a 12-month period and required not less than one‑third nor more than two-thirds of the estimated maintenance and operating expenses to be paid by assessment against all land in the district to which the district can furnish water through its irrigation system. Senate Bill 611 instead requires a board to estimate the expenses of maintaining and operating the district's water delivery system for such a period and requires the board to allocate a portion of the estimated maintenance and operating expenses to be paid by assessment against all land in the district to which the district can furnish irrigation water through its water delivery system. The bill specifies that the board-determined proportionate amount of the expenses borne by water users are to be borne by all water users receiving water delivery from the district. The bill requires the remainder of the estimated expenses to be paid by charges, fees, rentals, or deposits required of persons in the district who use or who make application to use water, in addition to assessments required of such persons, if applicable, and to be paid by other applicable board-approved charges. The bill revises the requirement that a board prorate the remainder among the applicants for water to specify such applicants as applicants for irrigation water, to remove the condition that the proration be as equitable as possible among the applicants, and to add the consideration of factors deemed appropriate by the board with respect to water used for nonirrigation uses. The bill authorizes specified persons to file a petition with the Texas Commission on Environmental Quality to dispute a board order that determines the amount of an assessment, charge, fee, rental, or deposit and establishes that the petition is the sole remedy available to address the dispute.
Senate Bill 611 revises assessment notice and collection requirements. The bill expands the conditions under which a person's water service is discontinued to include failure of a person to pay an applicable charge, fee, rental, or deposit when due and provides for certain appeal of a discontinuance. The bill expands a district's authority to bring suit for delinquent water assessments to include suits for other amounts owed to the district.
Senate Bill 611 sets out temporary provisions, set to expire September 1, 2039, establishing that a water supply project financed with water development bonds that is undertaken by a water control and improvement district having operations or facilities located in not less than four counties, and that is included in a regional water plan, is of fundamental and paramount importance and is to be given priority over the activities, rules, regulations, ordinances, or any requirement for a permit, bond, or fee of a preservation district.