By Gutierrez, Yost H.B. No. 1800
74R6201 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exclusion of nonirrigated property from certain
1-3 water districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter O, Chapter 51, Water Code, is amended
1-6 by adding Sections 51.759-51.766 to read as follows:
1-7 Sec. 51.759. EXCLUSION OF CERTAIN NONIRRIGATED LAND.
1-8 (a) If a district is principally engaged in providing water for
1-9 agricultural irrigation or the primary purpose of the district is
1-10 to provide water for agricultural irrigation, by complying with
1-11 Sections 51.760-51.766, the board may exclude from the district
1-12 land that is not being irrigated because:
1-13 (1) the land is not irrigable;
1-14 (2) the owners of a majority of the acreage of the
1-15 land no longer intend to irrigate the land;
1-16 (3) the land has been subdivided into town lots, town
1-17 lots and blocks, or small parcels having the same general nature of
1-18 town lots, including lots and blocks designed, intended, or
1-19 suitable for a residential, commercial, or other nonagricultural
1-20 purpose; or
1-21 (4) the land is located on subdivided land and is:
1-22 (A) designated as a street, alley, parkway, or
1-23 park; or
1-24 (B) a railroad property or right-of-way.
2-1 (b) Land described by Subsection (a) may be excluded
2-2 regardless of whether:
2-3 (1) the land is within or near municipal boundaries;
2-4 or
2-5 (2) a plat or map of the land has been filed for
2-6 record in the office of the county clerk of the county in which any
2-7 part of the land is located.
2-8 (c) The board may not exclude land described by Subsection
2-9 (a) if the land has been used for an agricultural purpose within
2-10 the year preceding the date of the hearing held under Section
2-11 51.761.
2-12 Sec. 51.760. INITIATING EXCLUSION. (a) A petition to
2-13 exclude land may be filed with the board by the owners or an agent
2-14 of the owners of a majority in acreage of land described by Section
2-15 51.759 that is located in the district.
2-16 (b) The petition must accurately describe the land to be
2-17 excluded by metes and bounds or lot and block number. A petition
2-18 for exclusion of other property must describe the property to be
2-19 excluded.
2-20 (c) The board may initiate a proceeding to exclude land
2-21 without receiving a petition by holding a hearing on its own motion
2-22 and issuing an order as provided by Section 51.761.
2-23 Sec. 51.761. HEARING, NOTICE, AND ORDER OF EXCLUSION. (a)
2-24 On the board's motion or on receipt of a petition to exclude land,
2-25 the board shall give notice and hold a hearing on the proposed
2-26 exclusion.
2-27 (b) The board shall publish notice of the hearing in a
3-1 newspaper of general circulation in the district once each week for
3-2 two consecutive weeks. The first publication must appear at least
3-3 14 days before the date of the hearing.
3-4 (c) The notice must advise interested property owners in the
3-5 district:
3-6 (1) of the right to offer evidence in support of or to
3-7 contest the proposed exclusion;
3-8 (2) of the right to present a petition for exclusion
3-9 under Sections 51.759-51.766;
3-10 (3) of the date, time, and place of the hearing; and
3-11 (4) by a general description, of the property proposed
3-12 for exclusion.
3-13 (d) The board may adjourn the hearing from one day to
3-14 another until the board hears every person who desires to be heard.
3-15 (e) The board shall specifically describe all property that
3-16 it proposes to exclude on its own motion.
3-17 (f) In a hearing on exclusion of property on the board's own
3-18 motion, the board shall hear protests and evidence against the
3-19 exclusion before the board hears any other evidence or matter.
3-20 (g) The board shall issue an order excluding the property if
3-21 after considering evidence presented at the hearing the board finds
3-22 that:
3-23 (1) the described property is eligible for exclusion
3-24 under Section 51.759;
3-25 (2) if applicable, the written consent required by
3-26 Section 51.762 has been filed;
3-27 (3) the owners of the property to be excluded do not
4-1 object to the exclusion; and
4-2 (4) to exclude the property from the district is in
4-3 the best interest of the district and of the property.
4-4 Sec. 51.762. CONSENT OF DEBT HOLDERS. If the district has
4-5 outstanding bonded debt, or debt under a loan from a governmental
4-6 agency, a written consent from an authorized representative of the
4-7 holders of the debt to the exclusion shall be obtained and filed
4-8 with the district before the hearing is held.
4-9 Sec. 51.763. RESULTS OF EXCLUSION. (a) On the issuance of
4-10 an order excluding property:
4-11 (1) the property is no longer a part of the district
4-12 and is not entitled to district services;
4-13 (2) any tax, assessment, or other charge owed to the
4-14 district at the time of exclusion remains the obligation of the
4-15 owner of excluded property and continues to be secured by statutory
4-16 liens on the property, if any; and
4-17 (3) the owner of excluded land has no further
4-18 liability to the district for future taxes, assessments, or other
4-19 charges of the district attributable to the excluded land.
4-20 (b) The district shall record a copy of the order excluding
4-21 the property from the district, certified and acknowledged by the
4-22 secretary of the board, in the real property records of the county
4-23 in which the excluded property is located.
4-24 Sec. 51.764. DISTRICT FACILITIES ON EXCLUDED PROPERTY. The
4-25 exclusion does not affect or interfere with any rights that the
4-26 district has to maintain and continue operation of any canal,
4-27 ditch, pipeline, pump, or other facility of the district located on
5-1 land excluded by the order to serve land remaining in the district.
5-2 Sec. 51.765. WATER ALLOCATIONS. (a) After the district
5-3 adopts an order excluding nonirrigated property, a municipality or
5-4 water supply corporation that serves the excluded land with a
5-5 potable water supply may petition the district to apply to the
5-6 commission to convert the proportionate irrigation water allocation
5-7 of the excluded land from irrigation use to municipal use
5-8 allocation.
5-9 (b) The district shall make the application to the
5-10 commission not later than the 30th day after the date a
5-11 municipality or water supply corporation that serves the land with
5-12 a potable water supply petitions the district to make the
5-13 application if the municipality or water supply corporation:
5-14 (1) pays the district the amount the district
5-15 estimates will be its reasonable expenses and attorney's fees
5-16 incurred in the commission conversion proceedings; and
5-17 (2) enters into an agreement with the district
5-18 establishing the terms on which the water allocation shall be
5-19 delivered or made available to the municipality or water supply
5-20 corporation.
5-21 (c) If the parties cannot agree to water allocation terms,
5-22 the parties shall attempt resolution of their differences through
5-23 mediation, arbitration, or another alternative dispute resolution
5-24 process.
5-25 (d) Together with the district's application, the
5-26 municipality or water supply corporation must provide the
5-27 commission with evidence to support the current or projected need
6-1 for water within the five-year period after the conversion to a
6-2 municipal-use water allocation.
6-3 Sec. 51.766. SUIT TO REVIEW EXCLUSION. (a) A person who
6-4 owns an interest in property affected by an exclusion order issued
6-5 under Section 51.761 may sue to review, set aside, modify, or
6-6 suspend the order not later than the 20th day after the effective
6-7 date of the order.
6-8 (b) Venue is in any district court that has jurisdiction in
6-9 the county in which the district is located. If the district
6-10 includes land in more than one county, venue is in the district
6-11 court having jurisdiction in the county in which the largest
6-12 portion of the acreage of the land sought to be excluded from the
6-13 district is located.
6-14 (c) A person may appeal from the judgment or order of a
6-15 district court in a suit brought under this section to the court of
6-16 civil appeals and supreme court as in other civil cases in which
6-17 the district court has original jurisdiction.
6-18 SECTION 2. Subchapter O, Chapter 55, Water Code, is amended
6-19 by adding Section 55.755 to read as follows:
6-20 Sec. 55.755. EXCLUSION OF CERTAIN NONIRRIGATED LAND. If a
6-21 district is principally engaged in providing water for agricultural
6-22 irrigation or the primary purpose of the district is to provide
6-23 water for agricultural irrigation, the board may exclude from the
6-24 district land that is not being irrigated as provided by Sections
6-25 51.759-51.766. This section applies only to land that is eligible
6-26 for exclusion under Section 51.759.
6-27 SECTION 3. Subchapter N, Chapter 58, Water Code, is amended
7-1 by adding Section 58.731 to read as follows:
7-2 Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The
7-3 board may exclude from the district land that is not being
7-4 irrigated as provided by Sections 51.759-51.766. This section
7-5 applies only to land that is eligible for exclusion under Section
7-6 51.759.
7-7 SECTION 4. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended,
7-12 and that this Act take effect and be in force from and after its
7-13 passage, and it is so enacted.