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                                  * * * * *