BILL ANALYSIS



H.B. 1800
By: Gutierrez
3-20-95
Committee Report (Unamended)


BACKGROUND
Under Title 4, Texas Water Code, there are districts specifically
defined as irrigation districts.  These districts were originally
created in agricultural areas with the main concentration of such
districts in South Texas along the Lower and Middle Rio Grande
River and in the northeastern part of the state.  The need for this
type of legislation arose as urbanization occurred within the water
districts.  In 1983, the Legislature adopted Article 973c, which
was an attempt to provide for an orderly transition from farmland
to urban property within a water district, consequently resulting
in the change from irrigation water to municipal water for such
property.  Few exclusions were attempted under this article as
there was some confusion regarding how to deal with loss of income
to water districts.  This bill has dealt with that question and has
the support of the water districts.

PURPOSE
To address the problem of increased municipal water needs upon
urbanization of previously designated farmland.  Provides for the
orderly transition from the use of irrigation water to the use of
municipal water.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS
SECTION 1.   Amends Subchapter O, Chapter 51, Water Code, by adding
Sections 51.759-51.766. 

     Section 51.759. Specifies the provisions for the exclusion of
land if a district is principally engaged in providing water for
agricultural irrigation.

     Section 51.760. Sets the provisions and proceedings for
initiating the exclusion of land.

     Section 51.761. Provides for the hearing, notice and issuance
of orders upon the exclusion of land.
     
     Section 51.762. Stipulates that the holders of the debt on the
district must give written consent to the exclusion of land and it
must be filed before the hearing is held.

     Section 51.763. Enumerates the results of the exclusion of
land from certain water districts and directs the district to
record a copy of the order excluding the proposition from the
district, certified and acknowledged by the secretary of the board,
in the real property records of the county in which the excluded
property is located.

     Section 51.764.  Provides that the exclusion does not affect
the rights of the district to continue operation of any canal,
ditch, pipeline, pump or other facility of the district located on
the excluded land.

     Section 51.765. Provides for the allocation of water of the
excluded property from irrigation to municipal use; delineates the
requirements and procedures for making such a conversion; as well
as provides for an allocation dispute resolution process in the
event the parties can not agree to water allocation terms.
 
     Section 51.766. Provides that a person who owns an interest in
property affected by the exclusion may sue to review, set aside,
modify, or suspend the order no later than the 20th day after the
effective date of the order. States venue and right to appeal
provisions.
  
SECTION 2. Amends Subchapter O, Chapter 55, Water Code, by adding
Section 55.755.

     Section 55.755. Specifies that if a district is principally
engaged in agricultural irrigation, the board may exclude from the
district land that is not being irrigated, as provided by Sections
51.759- 51.766, Water Code.  Stipulates the application of this
Section only to land that is eligible for exclusion under 51.759.

SECTION 3.   Amends Subchapter N, Chapter 58, Water Code, by adding
Section 58.731.

     Section 58.731. Provides that the board may exclude from the
district, land that is not being irrigated as provided by Sections
51.759-51.766, Water Code; stipulates the application of this
section to only the land that is eligible for exclusion under
Section 51.759, Water Code.

SECTION 4.   Emergency clause. 


SUMMARY OF COMMITTEE ACTION
H.B.1800 was considered by the committee in a public hearing on
March 20, 1995.

The following persons testified in favor of the bill: 
     Mr. Jim Darling, representing the City of McAllen;
     Mr. Wayne Halbert, representing Texas Irrigation Council.
The following persons testified against the bill: None (0).
The following persons testified on the bill: None (0).

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, 0 absent.