SRC-SEW H.B. 2588 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2588
77R7222 SMH-DBy: Counts (Bernsen)
Natural Resources
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Current law directs that in times of drought water must be distributed on a
pro rata basis. Many feel that if rationing water from a water supply
becomes necessary, water suppliers should be allowed to take into account
the degree to which customers have complied with applicable water
conservation and drought contingency plans. H.B. 2588 requires water
suppliers to distribute water on a pro rata basis or take into account the
customer's compliance with applicable water conservation and drought
contingency plans when addressing water shortages.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.039, Water Code, is amended to read as
follows: 

Sec. 11.039.  (a) Requires, if a shortage of water in a water supply not
covered by a water conservation plan prepared in compliance with Texas
Natural Resource Conservation Commission or Texas Water Development Board
rules results from drought, accident, or other cause, the water to be
distributed to be divided among all customers pro rata, according to the
amount each may be entitled to, so that preference is given to no one and
everyone suffers alike.  

(b)  Requires the person, association of persons, or corporation owning or
controlling the water, if a shortage of water in a water supply covered by
a water conservation plan prepared in compliance with Texas Natural
Resource Conservation Commission or Texas Water Development Board rules
results from drought, accident, or other cause, to divide the water to be
distributed among all customers pro rata, according to certain guidelines. 

(c)  Makes a nonsubstantive change.  Provides that nothing in Subsection
(a) or (b) precludes the person, association of persons, or corporation
owning or controlling the water from supplying water to a person who has a
prior vested right to the water under the laws of this state.  

SECTION 2.  Effective date: upon passage or September 1, 2001.