By Najera                                              H.B. No. 701
         77R494 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain fees imposed by the Lower Valley Water
 1-3     District.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 780, Acts of the 69th Legislature, Regular
 1-6     Session, 1985, is amended by adding Section 14A to read as follows:
 1-7           Sec. 14A. (a)  In this section, "standby fee" and
 1-8     "undeveloped property" have the meanings assigned by Section
 1-9     49.231, Water Code.
1-10           (b)  The Lower Valley Water District may impose a monthly fee
1-11     only for a service provided by the district.  The district may not
1-12     impose a minimum rate fee on property where a service is not
1-13     provided or where a service is underutilized.
1-14           (c)  To encourage owners of property to connect to district
1-15     services, the Lower Valley Water District may impose an annual
1-16     standby fee on the owner of undeveloped property only as provided
1-17     by Section 49.231, Water Code.  In addition to the requirements of
1-18     that section:
1-19                 (1)  the notices published and mailed as provided by
1-20     Section 49.231(e), Water Code, must be in both English and Spanish
1-21     and include:
1-22                       (A)  a clear explanation of the amount and
1-23     purpose of the fee; and
1-24                       (B)  a comparison of the costs of connecting to
 2-1     district services and the amount of the fee; and
 2-2                 (2)  annually, not later than the 60th day before the
 2-3     date the district charges a property owner a standby fee, the
 2-4     district must by certified mail give the property owner a notice in
 2-5     both English and Spanish that the fee will be imposed if the
 2-6     property owner does not connect to the service for which the fee is
 2-7     imposed.
 2-8           SECTION 2.  This Act takes effect immediately if it receives
 2-9     a vote of two-thirds of all the members elected to each house, as
2-10     provided by Section 39, Article III, Texas Constitution.  If this
2-11     Act does not receive the vote necessary for immediate effect, this
2-12     Act takes effect September 1, 2001.