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


Office of House Bill AnalysisH.B. 2588
By: Counts
Natural Resources
3/14/2001
Introduced



BACKGROUND 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.  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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.