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.