By Bernsen S.B. No. 1104
77R5942 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the distribution of water during a shortage.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.039, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 11.039. DISTRIBUTION OF WATER DURING SHORTAGE. (a) If
1-7 a shortage of water in a water supply not covered by a water
1-8 conservation plan or drought contingency plan prepared in
1-9 compliance with commission or board rules results from drought
1-10 [drouth], accident, or other cause, the water to be distributed
1-11 shall be divided among all customers pro rata, according to the
1-12 amount each may be entitled to, so that preference is given to no
1-13 one and everyone suffers alike.
1-14 (b) If a shortage of water in a water supply covered by a
1-15 water conservation plan or drought contingency plan prepared in
1-16 compliance with commission or board rules results from drought,
1-17 accident, or other cause, the person owning or controlling the
1-18 water shall divide the water to be distributed among all customers
1-19 pro rata, according to:
1-20 (1) the amount to which each customer may be entitled;
1-21 or
1-22 (2) the amount to which each customer may be entitled
1-23 less the amount of water the customer would save by operating its
1-24 water system in compliance with the water conservation plan, the
2-1 drought contingency plan, or both plans.
2-2 (c) Nothing in [Subsection (a) of] this section precludes
2-3 the person, association of persons, or corporation owning or
2-4 controlling the water from supplying water to a person who has a
2-5 prior vested right to the water under the laws of this state.
2-6 SECTION 2. (a) This Act takes effect immediately if it
2-7 receives a vote of two-thirds of all the members elected to each
2-8 house, as provided by Section 39, Article III, Texas Constitution.
2-9 If this Act does not receive the vote necessary for immediate
2-10 effect, this Act takes effect September 1, 2001.
2-11 (b) This Act applies only to a shortage of water occurring
2-12 on or after the effective date of this Act. A shortage of water
2-13 that occurred before the effective date of this Act is governed by
2-14 the law applicable to the shortage immediately before the effective
2-15 date of this Act, and that law is continued in effect for that
2-16 purpose.