By Counts H.B. No. 2588
77R7222 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consideration of potential water savings under a
1-3 water conservation plan in determining the manner of distributing
1-4 water during a shortage from a water supply covered by a plan.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.039, Water Code, is amended to read as
1-7 follows:
1-8 Sec. 11.039. DISTRIBUTION OF WATER DURING SHORTAGE. (a) If
1-9 a shortage of water in a water supply not covered by a water
1-10 conservation plan prepared in compliance with Texas Natural
1-11 Resource Conservation Commission or Texas Water Development Board
1-12 rules results from drought [drouth], accident, or other cause, the
1-13 water to be distributed shall be divided among all customers pro
1-14 rata, according to the amount each may be entitled to, so that
1-15 preference is given to no one and everyone suffers alike.
1-16 (b) If a shortage of water in a water supply covered by a
1-17 water conservation plan prepared in compliance with Texas Natural
1-18 Resource Conservation Commission or Texas Water Development Board
1-19 rules results from drought, accident, or other cause, the person,
1-20 association of persons, or corporation owning or controlling the
1-21 water shall divide the water to be distributed among all customers
1-22 pro rata, according to:
1-23 (1) the amount of water to which each customer may be
1-24 entitled; or
2-1 (2) the amount of water to which each customer may be
2-2 entitled, less the amount of water the customer would have saved if
2-3 the customer had operated its water system in compliance with the
2-4 water conservation plan.
2-5 (c) Nothing in Subsection (a) or (b) [of this section]
2-6 precludes the person, association of persons, or corporation owning
2-7 or controlling the water from supplying water to a person who has a
2-8 prior vested right to the water under the laws of this state.
2-9 SECTION 2. This Act takes effect immediately if it receives
2-10 a vote of two-thirds of all the members elected to each house, as
2-11 provided by Section 39, Article III, Texas Constitution. If this
2-12 Act does not receive the vote necessary for immediate effect, this
2-13 Act takes effect September 1, 2001.