Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Cook                                         H.B. No. 2689

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to estimates of, and delinquent assessments for,

 1-3     maintenance and operating expenses in certain water districts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 51.304, 51.310, and 51.313, Water Code,

 1-6     are amended to read as follows:

 1-7           Sec. 51.304.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING

 1-8     EXPENSES.  The board, on or as soon as practicable after a date

 1-9     fixed by standing order of the board, shall estimate the expenses

1-10     of maintaining and operating the irrigation system for the next 12

1-11     months.  The board may change the 12-month period for which it

1-12     estimates the expenses of maintaining and operating the irrigation

1-13     system by estimating such expenses for a shorter period so as to

1-14     adjust to a new fixed date and thereafter estimating the expenses

1-15     for 12-month periods following the adjusted fixed date.

1-16           Sec. 51.310.  LIST OF DELINQUENT ASSESSMENTS.  Assessments

1-17     not paid when due shall become delinquent on the first day of the

1-18     month following the date payment [Within 10 days after any

1-19     assessment] is due, and the board shall post in a public place in

1-20     the district a list of all persons who are delinquent in paying

1-21     their assessments and shall keep posted a correct list of all

1-22     persons who are delinquent in paying assessments.  If a person who

1-23     owes an assessment has executed a note and contract as provided in

1-24     Section 51.302 of this code, he shall not be placed on the

 2-1     delinquent list until after the maturity of the note and contract.

 2-2           Sec. 51.313.  INTEREST AND COLLECTION FEES.  (a)  All

 2-3     assessments shall bear interest from the date payment is due at the

 2-4     rate of 15 percent a year.  Assessments not paid by the first day

 2-5     of the month following the date payment is due shall become

 2-6     delinquent, and a penalty of 15 percent of the amount of the

 2-7     past-due assessment shall be added to the amount due.

 2-8           (b)  If suit is filed to foreclose a lien on crops or if a

 2-9     delinquent assessment is collected by an attorney before or after

2-10     suit [any legal proceeding], an additional amount of 15 percent on

2-11     the unpaid assessment, penalty, [principal] and interest shall be

2-12     added as collection or attorney's fees.

2-13           SECTION 2.  Sections 55.352, 55.360, and 55.363, Water Code,

2-14     are amended to read as follows:

2-15           Sec. 55.352.  BOARD'S ESTIMATE OF [ASSESSMENTS FOR]

2-16     MAINTENANCE AND OPERATING EXPENSES.  The board, on or as soon as

2-17     practicable after a date fixed by standing order of the board,

2-18     shall estimate the expenses of maintaining and operating the

2-19     irrigation system for the next 12 months.  The board may change the

2-20     12-month period for which it estimates the expenses of maintaining

2-21     and operating the irrigation system by estimating such expenses for

2-22     a shorter period so as to adjust to a new fixed date and thereafter

2-23     estimating the expenses for 12-month periods following the adjusted

2-24     fixed date.

2-25           Sec. 55.360.  List of Delinquent Assessments.  Assessments

2-26     not paid when due shall become delinquent on the first day of the

2-27     month following the date payment [Within 10 days after any

2-28     assessment] is due, and the board shall post in a public place in

2-29     the district a list of all persons who are delinquent in paying

2-30     their assessments and shall keep posted a correct list of all

 3-1     delinquent assessments.  If persons who owe assessments have

 3-2     executed notes and contracts as provided in Section 55.358 of this

 3-3     code, they shall not be placed on the delinquent list until after

 3-4     the maturity of the notes and contracts.

 3-5           Sec. 55.363.  Interest and Collection Fees.  (a)  All

 3-6     assessments shall bear interest from the date payment is due at the

 3-7     rate of 15 [10] percent a year.  Assessments not paid by the first

 3-8     day of the month following the date payment is due shall become

 3-9     delinquent, and a penalty of 15 percent of the amount of the

3-10     past-due assessment shall be added to the amount due.

3-11           (b)  If suit is filed to foreclose a lien on crops or if a

3-12     delinquent assessment is collected by an attorney before or after

3-13     suit [any legal proceeding], an additional amount of 15 [10]

3-14     percent on the unpaid assessment, penalty, [principal] and interest

3-15     shall be added as collection or attorney's fees.

3-16           SECTION 3.  Sections 58.304, 58.310, and 58.313, Water Code,

3-17     are amended to read as follows:

3-18           Sec. 58.304.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING

3-19     [OPERATION] EXPENSES.  The board, on or as soon as practicable

3-20     after a date fixed by standing order of the board, shall estimate

3-21     the expenses of maintaining and operating the irrigation system for

3-22     the next 12 months.  The board may change the 12-month period for

3-23     which it estimates the expenses of maintaining and operating the

3-24     irrigation system by estimating such expenses for a shorter period

3-25     so as to adjust to a new fixed date and thereafter estimating the

3-26     expenses for 12-month periods following the adjusted fixed date.

3-27           Sec. 58.310.  List of Delinquent Assessments.  Assessments

3-28     not paid when due shall become delinquent on the first day of the

3-29     month following the date payment [Within 10 days after any

3-30     assessment] is due, and the board shall post in a public place in

 4-1     the district a list of all persons who are delinquent in paying

 4-2     their assessments and shall keep posted a correct list of all

 4-3     persons who are delinquent in paying assessments.  If a person who

 4-4     owes an assessment has executed a note and contract as provided in

 4-5     Section 58.302 of this code, he shall not be placed on the

 4-6     delinquent list until after the maturity of the note and contract.

 4-7           Sec. 58.313.  Interest and Collection Fees.  (a)  All

 4-8     assessments shall bear interest from the date payment is due at the

 4-9     rate of 15 [10] percent a year.  Assessments not paid by the first

4-10     day of the month following the date payment is due shall become

4-11     delinquent, and a penalty of 15 percent of the amount of the

4-12     past-due assessment shall be added to the amount due.

4-13           (b)  If suit is filed to foreclose a lien on crops or if a

4-14     delinquent assessment is collected by an attorney before or after

4-15     suit [any legal proceeding], an additional amount of 15 [10]

4-16     percent on the unpaid assessment, penalty, [principal] and interest

4-17     shall be added as collection or attorney's fees.

4-18           SECTION 4.  The importance of this legislation and the

4-19     crowded condition of the calendars in both houses create an

4-20     emergency and an imperative public necessity that the

4-21     constitutional rule requiring bills to be read on three several

4-22     days in each house be suspended, and this rule is hereby suspended,

4-23     and that this Act take effect and be in force from and after its

4-24     passage, and it is so enacted.