74R9497 KKA-F
          By Yost                                               H.B. No. 2867
          Substitute the following for H.B. No. 2867:
          By Yost                                           C.S.H.B. No. 2867
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers, operation, and management of certain
    1-3  conservation and reclamation districts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 50.004(a), Water Code, is amended to read
    1-6  as follows:
    1-7        (a)  In a general election for board members under Chapter
    1-8  51, 52, 53, <or> 54, 55, or 58 of this code, or for board members
    1-9  of a river authority created under Section 59, Article XVI, Texas
   1-10  Constitution, a write-in vote may not be counted unless the name
   1-11  written in appears on the list of write-in candidates.
   1-12        SECTION 2.  Section 51.080, Water Code, is amended to read as
   1-13  follows:
   1-14        Sec. 51.080.  COMPENSATION OF DIRECTORS.  (a)  A director is
   1-15  entitled to receive fees of office <compensation> of not more than
   1-16  $100 <$50 a day> for each day the director <he> actually spends
   1-17  performing the <his> duties of <as> a director.  The<, but the>
   1-18  fees of office may <shall> not exceed $6,000 per year <be more than
   1-19  $200 for any one month>.
   1-20        (b)  A director is entitled to receive reimbursement of
   1-21  actual expenses reasonably incurred while serving the district.
   1-22        (c)  Before a director may receive compensation for <his>
   1-23  services or reimbursement for expenses, the director must<, he
   1-24  shall> file with the secretary a verified statement showing the
    2-1  number of days actually spent in the service of the district,
    2-2  actual expenses incurred, and a general description of duties
    2-3  performed during each day of service.  <The statement shall be
    2-4  filed on the last day of the month, or as soon after that time as
    2-5  possible.>
    2-6        SECTION 3.  Subchapter D, Chapter 51, Water Code, is amended
    2-7  by adding Section 51.196 to read as follows:
    2-8        Sec. 51.196.  LEASE OF PROPERTY.  A district may lease
    2-9  property for the district's use on terms the board determines to be
   2-10  advantageous.
   2-11        SECTION 4.  Sections 51.313 and 55.111, Water Code, are
   2-12  amended to read as follows:
   2-13        Sec. 51.313.  INTEREST AND COLLECTION FEES.  (a)  All
   2-14  assessments shall bear interest from the date payment is due at the
   2-15  rate of 15 <10> percent a year.
   2-16        (b)  If suit is filed to foreclose a lien on crops or if a
   2-17  delinquent assessment is collected by any legal proceeding, an
   2-18  additional amount of 15 <10> percent on unpaid principal and
   2-19  interest shall be added as collection or attorney's fees.
   2-20        Sec. 55.111.  COMPENSATION OF DIRECTORS.  (a)  A director is
   2-21  entitled to receive fees of office of not more than $100 <$50 a
   2-22  day> for each day the director <he> actually spends performing the
   2-23  <his> duties of <as> a director.  The fees of office may not exceed
   2-24  $6,000 per year.
   2-25        (b)  A director is entitled to receive reimbursement of
   2-26  actual expenses reasonably incurred while serving the district.
   2-27        (c)  Before a director may receive compensation for <his>
    3-1  services or reimbursement for expenses, the director must<, he
    3-2  shall> file with the secretary a verified statement showing <an
    3-3  affidavit stating> the number of days actually spent in the service
    3-4  of the district, actual expenses incurred, and a general
    3-5  description of duties performed during each day of service.  <The
    3-6  affidavit shall be filed on the last Saturday of each month, or as
    3-7  soon after that time as practicable.>
    3-8        SECTION 5.  Subchapter D, Chapter 55, Water Code, is amended
    3-9  by adding Section 55.205 to read as follows:
   3-10        Sec. 55.205.  LEASE OF PROPERTY.  A district may lease
   3-11  property for the district's use on terms the board determines to be
   3-12  advantageous.
   3-13        SECTION 6.  Sections 55.363, 55.371, and 58.079, Water Code,
   3-14  are amended to read as follows:
   3-15        Sec. 55.363.  INTEREST AND COLLECTION FEES.  (a)  All
   3-16  assessments shall bear interest from the date payment is due at the
   3-17  rate of 15 <10> percent a year.
   3-18        (b)  If suit is filed to foreclose a lien on crops or if a
   3-19  delinquent assessment is collected by any legal proceeding, an
   3-20  additional amount of 15 <10> percent on unpaid principal and
   3-21  interest shall be added as collection or attorney's fees.
   3-22        Sec. 55.371.  AUTHORITY TO DETERMINE RULES, <AND>
   3-23  REGULATIONS, AND CHARGES.  (a)  The district <directors> may adopt,
   3-24  alter, enforce, and rescind rules, regulations, and standing and
   3-25  temporary orders which do not conflict with the provisions of this
   3-26  chapter and which govern:
   3-27              (1)  methods, terms and conditions of water service;
    4-1              (2)  applications for water;
    4-2              (3)  assessments for maintenance and operation;
    4-3              (4)  payment and the enforcement of payment of the
    4-4  assessments;
    4-5              (5)  furnishing of water to persons who did not apply
    4-6  for it before the date of assessment; <and>
    4-7              (6)  furnishing of water to persons who wish to take
    4-8  water for irrigation in excess of their original applications or
    4-9  for use on land not covered by their original applications; and
   4-10              (7)  specific charges, fees, or rentals, in addition to
   4-11  taxes, for providing any district facility or service.
   4-12        (b)  The board shall publish a copy of the adopted orders and
   4-13  regulations once a week for two consecutive weeks in one or more
   4-14  newspapers for general circulation in the district and record the
   4-15  adopted orders and regulations in full in the minutes of the
   4-16  district.
   4-17        (c)  After the required publication and recording, the police
   4-18  power of the district, as provided in this chapter, may be
   4-19  exercised to enforce the intent of the orders, and the district may
   4-20  discontinue the facility or service to prevent an abuse or to
   4-21  enforce payment of a due and unpaid charge, fee, or rental.
   4-22        Sec. 58.079.  COMPENSATION OF DIRECTORS.  (a)  A director is
   4-23  entitled to receive fees of office <compensation> of not more than
   4-24  $100 <$25 a day> for each day the director <he> actually spends
   4-25  performing the <his> duties of <as> a director.  The<, but the>
   4-26  fees of office may <shall> not exceed $6,000 per year <be more than
   4-27  $100 for any one month>.
    5-1        (b)  A director is entitled to receive reimbursement of
    5-2  actual expenses reasonably incurred while serving the district.
    5-3        (c)  Before a director may receive compensation for <his>
    5-4  services or reimbursement for expenses, the director must<, he
    5-5  shall> file with the secretary a verified statement showing the
    5-6  number of days actually spent in the service of the district,
    5-7  actual expenses incurred, and a general description of duties
    5-8  performed during each day of service.  <The statement shall be
    5-9  filed on the last day of the month or as soon after that time as
   5-10  possible.>
   5-11        SECTION 7.  Subchapter D, Chapter 58, Water Code, is amended
   5-12  by adding Section 58.191 to read as follows:
   5-13        Sec. 58.191.  LEASE OF PROPERTY.  A district may lease
   5-14  property for the district's use on terms the board determines to be
   5-15  advantageous.
   5-16        SECTION 8.  Sections 58.303 and 58.313, Water Code, are
   5-17  amended to read as follows:
   5-18        Sec. 58.303.  Authority to Determine Rules, <and>
   5-19  Regulations, and Charges.  (a)  The board may adopt, alter,
   5-20  enforce, and rescind rules, and standing and temporary orders which
   5-21  do not conflict with the provisions of this subchapter and which
   5-22  govern:
   5-23              (1)  methods, terms, and conditions of water service;
   5-24              (2)  applications for water;
   5-25              (3)  assessments for maintenance and operation;
   5-26              (4)  payment and the enforcement of payment of the
   5-27  assessments;
    6-1              (5)  furnishing water to persons who did not apply for
    6-2  it before the date of assessment; <and>
    6-3              (6)  furnishing water to persons who wish to take water
    6-4  for irrigation in excess of their original applications or for use
    6-5  on land not covered by their original applications; and
    6-6              (7)  specific charges, fees, or rentals, in addition to
    6-7  taxes, for providing any district facility or service.
    6-8        (b)  The board shall publish a copy of the adopted orders and
    6-9  regulations once a week for two consecutive weeks in one or more
   6-10  newspapers for general circulation in the district and record the
   6-11  adopted orders and regulations in full in the minutes of the
   6-12  district.
   6-13        (c)  After the required publication and recording, the police
   6-14  power of the district, as provided in this chapter, may be
   6-15  exercised to enforce the intent of the orders, and the district may
   6-16  discontinue the facility or service to prevent an abuse or to
   6-17  enforce payment of a due and unpaid charge, fee, or rental.
   6-18        Sec. 58.313.  INTEREST AND COLLECTION FEES.  (a)  All
   6-19  assessments shall bear interest from the date payment is due at the
   6-20  rate of 15 <10> percent a year.
   6-21        (b)  If suit is filed to foreclose a lien on crops or if a
   6-22  delinquent assessment is collected by any legal proceeding, an
   6-23  additional amount of 15 <10> percent on unpaid principal and
   6-24  interest shall be added as collection or attorney's fees.
   6-25        SECTION 9.  This Act takes effect September 1, 1995.
   6-26        SECTION 10.  The importance of this legislation and the
   6-27  crowded condition of the calendars in both houses create an
    7-1  emergency and an imperative public necessity that the
    7-2  constitutional rule requiring bills to be read on three several
    7-3  days in each house be suspended, and this rule is hereby suspended.