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.