1-1 By: Cook (Senate Sponsor - Lucio) H.B. No. 2689
1-2 (In the Senate - Received from the House April 21, 1997;
1-3 April 23, 1997, read first time and referred to Committee on
1-4 Natural Resources; May 8, 1997, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; May 8, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to estimates of, and delinquent assessments for,
1-9 maintenance and operating expenses in certain water districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 51.304, 51.310, and 51.313, Water Code,
1-12 are amended to read as follows:
1-13 Sec. 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
1-14 EXPENSES. The board, on or as soon as practicable after a date
1-15 fixed by standing order of the board, shall estimate the expenses
1-16 of maintaining and operating the irrigation system for the next 12
1-17 months. The board may change the 12-month period for which it
1-18 estimates the expenses of maintaining and operating the irrigation
1-19 system by estimating such expenses for a shorter period so as to
1-20 adjust to a new fixed date and thereafter estimating the expenses
1-21 for 12-month periods following the adjusted fixed date.
1-22 Sec. 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments
1-23 not paid when due shall become delinquent on the first day of the
1-24 month following the date payment [Within 10 days after any
1-25 assessment] is due, and the board shall post in a public place in
1-26 the district a list of all persons who are delinquent in paying
1-27 their assessments and shall keep posted a correct list of all
1-28 persons who are delinquent in paying assessments. If a person who
1-29 owes an assessment has executed a note and contract as provided in
1-30 Section 51.302 of this code, he shall not be placed on the
1-31 delinquent list until after the maturity of the note and contract.
1-32 Sec. 51.313. INTEREST AND COLLECTION FEES. (a) All
1-33 assessments shall bear interest from the date payment is due at the
1-34 rate of 15 percent a year. Assessments not paid by the first day
1-35 of the month following the date payment is due shall become
1-36 delinquent, and a penalty of up to 15 percent of the amount of the
1-37 past-due assessment shall be added to the amount due.
1-38 (b) If suit is filed to foreclose a lien on crops or if a
1-39 delinquent assessment is collected by an attorney before or after
1-40 suit [any legal proceeding], an additional amount of 15 percent on
1-41 the unpaid assessment, penalty, [principal] and interest shall be
1-42 added as collection or attorney's fees.
1-43 SECTION 2. Sections 55.352, 55.360, and 55.363, Water Code,
1-44 are amended to read as follows:
1-45 Sec. 55.352. BOARD'S ESTIMATE OF [ASSESSMENTS FOR]
1-46 MAINTENANCE AND OPERATING EXPENSES. The board, on or as soon as
1-47 practicable after a date fixed by standing order of the board,
1-48 shall estimate the expenses of maintaining and operating the
1-49 irrigation system for the next 12 months. The board may change the
1-50 12-month period for which it estimates the expenses of maintaining
1-51 and operating the irrigation system by estimating such expenses for
1-52 a shorter period so as to adjust to a new fixed date and thereafter
1-53 estimating the expenses for 12-month periods following the adjusted
1-54 fixed date.
1-55 Sec. 55.360. List of Delinquent Assessments. Assessments
1-56 not paid when due shall become delinquent on the first day of the
1-57 month following the date payment [Within 10 days after any
1-58 assessment] is due, and the board shall post in a public place in
1-59 the district a list of all persons who are delinquent in paying
1-60 their assessments and shall keep posted a correct list of all
1-61 delinquent assessments. If persons who owe assessments have
1-62 executed notes and contracts as provided in Section 55.358 of this
1-63 code, they shall not be placed on the delinquent list until after
1-64 the maturity of the notes and contracts.
2-1 Sec. 55.363. Interest and Collection Fees. (a) All
2-2 assessments shall bear interest from the date payment is due at the
2-3 rate of 15 [10] percent a year. Assessments not paid by the first
2-4 day of the month following the date payment is due shall become
2-5 delinquent, and a penalty of up to 15 percent of the amount of the
2-6 past-due assessment shall be added to the amount due.
2-7 (b) If suit is filed to foreclose a lien on crops or if a
2-8 delinquent assessment is collected by an attorney before or after
2-9 suit [any legal proceeding], an additional amount of 15 [10]
2-10 percent on the unpaid assessment, penalty, [principal] and interest
2-11 shall be added as collection or attorney's fees.
2-12 SECTION 3. Sections 58.304, 58.310, and 58.313, Water Code,
2-13 are amended to read as follows:
2-14 Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
2-15 [OPERATION] EXPENSES. The board, on or as soon as practicable
2-16 after a date fixed by standing order of the board, shall estimate
2-17 the expenses of maintaining and operating the irrigation system for
2-18 the next 12 months. The board may change the 12-month period for
2-19 which it estimates the expenses of maintaining and operating the
2-20 irrigation system by estimating such expenses for a shorter period
2-21 so as to adjust to a new fixed date and thereafter estimating the
2-22 expenses for 12-month periods following the adjusted fixed date.
2-23 Sec. 58.310. List of Delinquent Assessments. Assessments
2-24 not paid when due shall become delinquent on the first day of the
2-25 month following the date payment [Within 10 days after any
2-26 assessment] is due, and the board shall post in a public place in
2-27 the district a list of all persons who are delinquent in paying
2-28 their assessments and shall keep posted a correct list of all
2-29 persons who are delinquent in paying assessments. If a person who
2-30 owes an assessment has executed a note and contract as provided in
2-31 Section 58.302 of this code, he shall not be placed on the
2-32 delinquent list until after the maturity of the note and contract.
2-33 Sec. 58.313. Interest and Collection Fees. (a) All
2-34 assessments shall bear interest from the date payment is due at the
2-35 rate of 15 [10] percent a year. Assessments not paid by the first
2-36 day of the month following the date payment is due shall become
2-37 delinquent, and a penalty of up to 15 percent of the amount of the
2-38 past-due assessment shall be added to the amount due.
2-39 (b) If suit is filed to foreclose a lien on crops or if a
2-40 delinquent assessment is collected by an attorney before or after
2-41 suit [any legal proceeding], an additional amount of 15 [10]
2-42 percent on the unpaid assessment, penalty, [principal] and interest
2-43 shall be added as collection or attorney's fees.
2-44 SECTION 4. The importance of this legislation and the
2-45 crowded condition of the calendars in both houses create an
2-46 emergency and an imperative public necessity that the
2-47 constitutional rule requiring bills to be read on three several
2-48 days in each house be suspended, and this rule is hereby suspended,
2-49 and that this Act take effect and be in force from and after its
2-50 passage, and it is so enacted.
2-51 * * * * *