1-1 By: Counts (Senate Sponsor - Bernsen) H.B. No. 2588
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the consideration of potential water savings under a
1-9 water conservation plan in determining the manner of distributing
1-10 water during a shortage from a water supply covered by a plan.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 11.039, Water Code, is amended to read as
1-13 follows:
1-14 Sec. 11.039. DISTRIBUTION OF WATER DURING SHORTAGE. (a) If
1-15 a shortage of water in a water supply not covered by a water
1-16 conservation plan prepared in compliance with Texas Natural
1-17 Resource Conservation Commission or Texas Water Development Board
1-18 rules results from drought [drouth], accident, or other cause, the
1-19 water to be distributed shall be divided among all customers pro
1-20 rata, according to the amount each may be entitled to, so that
1-21 preference is given to no one and everyone suffers alike.
1-22 (b) If a shortage of water in a water supply covered by a
1-23 water conservation plan prepared in compliance with Texas Natural
1-24 Resource Conservation Commission or Texas Water Development Board
1-25 rules results from drought, accident, or other cause, the person,
1-26 association of persons, or corporation owning or controlling the
1-27 water shall divide the water to be distributed among all customers
1-28 pro rata, according to:
1-29 (1) the amount of water to which each customer may be
1-30 entitled; or
1-31 (2) the amount of water to which each customer may be
1-32 entitled, less the amount of water the customer would have saved if
1-33 the customer had operated its water system in compliance with the
1-34 water conservation plan.
1-35 (c) Nothing in Subsection (a) or (b) [of this section]
1-36 precludes the person, association of persons, or corporation owning
1-37 or controlling the water from supplying water to a person who has a
1-38 prior vested right to the water under the laws of this state.
1-39 SECTION 2. This Act takes effect immediately if it receives
1-40 a vote of two-thirds of all the members elected to each house, as
1-41 provided by Section 39, Article III, Texas Constitution. If this
1-42 Act does not receive the vote necessary for immediate effect, this
1-43 Act takes effect September 1, 2001.
1-44 * * * * *