By:  Lucio                                   S.B. No. 1077

         97S0655/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     maintenance and operating expenses in certain water districts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 51.304, 51.310, and 51.313, Water Code,

 1-5     are amended to read as follows:

 1-6           Sec. 51.304.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING

 1-7     EXPENSES.  The board, on or as soon as practicable after a date

 1-8     fixed by standing order of the board, shall estimate the expenses

 1-9     of maintaining and operating the irrigation system for the next 12

1-10     months.  The board may change the 12-month period for which it

1-11     estimates the expenses of maintaining and operating the irrigation

1-12     system by estimating such expenses for a shorter period so as to

1-13     adjust to a new fixed date and thereafter estimating the expenses

1-14     for 12-month periods following the adjusted fixed date.

1-15           Sec. 51.310.  LIST OF DELINQUENT ASSESSMENTS.  Assessments

1-16     not paid when due shall become delinquent on the first day of the

1-17     month following the date payment [Within 10 days after any

1-18     assessment] is due, and the board shall post in a public place in

1-19     the district a list of all persons who are delinquent in paying

1-20     their assessments and shall keep posted a correct list of all

1-21     persons who are delinquent in paying assessments.  If a person who

1-22     owes an assessment has executed a note and contract as provided in

1-23     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

 3-1     not paid when due shall become delinquent on the first day of the

 3-2     month following the date payment [Within 10 days after any

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

 3-4     the district a list of all persons who are delinquent in paying

 3-5     their assessments and shall keep posted a correct list of all

 3-6     delinquent assessments.  If persons who owe assessments have

 3-7     executed notes and contracts as provided in Section 55.358 of this

 3-8     code, they shall not be placed on the delinquent list until after

 3-9     the maturity of the notes and contracts.

3-10           Sec. 55.363.  Interest and Collection Fees.  (a)  All

3-11     assessments shall bear interest from the date payment is due at the

3-12     rate of 15 [10] percent a year.  Assessments not paid by the first

3-13     day of the month following the date payment is due shall become

3-14     delinquent, and a penalty of 15 percent of the amount of the

3-15     past-due assessment shall be added to the amount due.

3-16           (b)  If suit is filed to foreclose a lien on crops or if a

3-17     delinquent assessment is collected by an attorney before or after

3-18     suit [any legal proceeding], an additional amount of 15 [10]

3-19     percent on the unpaid assessment, penalty, [principal] and interest

3-20     shall be added as collection or attorney's fees.

3-21           SECTION 3.  Sections 58.304, 58.310, and 58.313, Water Code,

3-22     are amended to read as follows:

3-23           Sec. 58.304.  BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING

3-24     [OPERATION] EXPENSES.  The board, on or as soon as practicable

3-25     after a date fixed by standing order of the board, shall estimate

 4-1     the expenses of maintaining and operating the irrigation system for

 4-2     the next 12 months.  The board may change the 12-month period for

 4-3     which it estimates the expenses of maintaining and operating the

 4-4     irrigation system by estimating such expenses for a shorter period

 4-5     so as to adjust to a new fixed date and thereafter estimating the

 4-6     expenses for 12-month periods following the adjusted fixed date.

 4-7           Sec. 58.310.  List of Delinquent Assessments.  Assessments

 4-8     not paid when due shall become delinquent on the first day of the

 4-9     month following the date payment [Within 10 days after any

4-10     assessment] is due, and the board shall post in a public place in

4-11     the district a list of all persons who are delinquent in paying

4-12     their assessments and shall keep posted a correct list of all

4-13     persons who are delinquent in paying assessments.  If a person who

4-14     owes an assessment has executed a note and contract as provided in

4-15     Section 58.302 of this code, he shall not be placed on the

4-16     delinquent list until after the maturity of the note and contract.

4-17           Sec. 58.313.  Interest and Collection Fees.  (a)  All

4-18     assessments shall bear interest from the date payment is due at the

4-19     rate of 15 [10] percent a year.  Assessments not paid by the first

4-20     day of the month following the date payment is due shall become

4-21     delinquent, and a penalty of 15 percent of the amount of the

4-22     past-due assessment shall be added to the amount due.

4-23           (b)  If suit is filed to foreclose a lien on crops or if a

4-24     delinquent assessment is collected by an attorney before or after

4-25     suit [any legal proceeding], an additional amount of 15 [10]

 5-1     percent on the unpaid assessment, penalty, [principal] and interest

 5-2     shall be added as collection or attorney's fees.

 5-3           SECTION 4.  The importance of this legislation and the

 5-4     crowded condition of the calendars in both houses create an

 5-5     emergency and an imperative public necessity that the

 5-6     constitutional rule requiring bills to be read on three several

 5-7     days in each house be suspended, and this rule is hereby suspended,

 5-8     and that this Act take effect and be in force from and after its

 5-9     passage, and it is so enacted.