HBA-JLV, BSM H.B. 2588 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2588
By: Counts
Natural Resources
7/11/2001
Enrolled



BACKGROUND AND PURPOSE 

Previous law directed that in times of drought water must be distributed on
a pro rata  basis.  Prior to the 77th Legislative session, many felt that
if rationing water from a water supply became 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.
House Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2588 amends the Water Code to provide that 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, the person, association, or corporation owning or controlling the
water shall divide the water to be distributed among all customers pro
rata, according to: 

 _the amount of water to which each customer may be entitled; or 

 _the amount of water to which each customer may be entitled less the
amount of water the customer would have saved if the customer had operated
its water system in compliance with the water conservation plan.   

EFFECTIVE DATE

June 15, 2001.