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.