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A BILL TO BE ENTITLED
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AN ACT
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relating to the irrigation powers and functions of certain water |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 51.301, Water Code, is |
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amended to read as follows: |
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(a) If required by the board, each [Each] person who desires |
|
to receive irrigation water at any time during the year shall |
|
furnish the secretary of the board a written statement of the |
|
acreage the person [he] intends to irrigate and the different crops |
|
the person [he] intends to plant with the acreage of each crop. |
|
SECTION 2. Section 51.302, Water Code, is amended to read as |
|
follows: |
|
Sec. 51.302. CONTRACTS WITH PERSON USING IRRIGATION WATER. |
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(a) The board may require each person who desires to use |
|
irrigation water during the year to enter into a contract with the |
|
district which states the acreage to be irrigated [watered], the |
|
crops to be planted, the amount to be paid for the water, and the |
|
terms of payment. |
|
(b) If a person irrigates more acreage [land] than the |
|
person's [his] contract specifies, the person [he] shall pay for |
|
the additional service. |
|
(c) The directors also may require a person using irrigation |
|
water to execute a negotiable note or notes for all or part of the |
|
amount owed under the contract. |
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(d) The contract is not a waiver of the lien given to the |
|
district under Section 51.309 [of this code] against the crops of a |
|
person using irrigation water for the service furnished to the |
|
person [him]. |
|
SECTION 3. Section 51.303, Water Code, is amended to read as |
|
follows: |
|
Sec. 51.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS. |
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The board may adopt, alter, and rescind rules, regulations, and |
|
standing and temporary orders which do not conflict with the |
|
provisions of this subchapter and which govern: |
|
(1) methods, terms, and conditions of water service; |
|
(2) applications for water; |
|
(3) assessments, charges, fees, rentals, or deposits |
|
for maintenance and operation; |
|
(4) payment and the enforcement of payment of the |
|
assessments, charges, fees, rentals, or deposits; |
|
(5) furnishing irrigation water to persons who did not |
|
apply for it before the date of assessment if required; and |
|
(6) furnishing water to persons who wish to take water |
|
for irrigation in excess of their original applications or for use |
|
on land not covered by their original applications if required. |
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SECTION 4. Section 51.304, Water Code, is amended to read as |
|
follows: |
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Sec. 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING |
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EXPENSES. The board, on or as soon as practicable after a date |
|
fixed by standing order of the board, shall estimate the expenses of |
|
maintaining and operating the district's water delivery |
|
[irrigation] system for the next 12 months. The board may change |
|
the 12-month period for which it estimates the expenses of |
|
maintaining and operating the water delivery [irrigation] system by |
|
estimating such expenses for a shorter period so as to adjust to a |
|
new fixed date and thereafter estimating the expenses for 12-month |
|
periods following the adjusted fixed date. |
|
SECTION 5. Section 51.305, Water Code, is amended to read as |
|
follows: |
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Sec. 51.305. DISTRIBUTION OF ASSESSMENT. (a) The board by |
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rule shall allocate a portion [Not less than one-third nor more than
|
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two-thirds] of the estimated maintenance and operating expenses |
|
that shall be paid by assessment against all land in the district to |
|
which the district can furnish irrigation water through its water |
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delivery [irrigation] system or through an extension of its water |
|
delivery [irrigation] system. This assessment shall be levied |
|
against all irrigable land in the district on a per acre basis, |
|
whether or not the land is actually irrigated. |
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(b) [The assessments shall be levied against all irrigable
|
|
land in the district on a per acre basis, whether or not the land is
|
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actually irrigated.] The board shall determine from year to year |
|
the proportionate amount of the expenses which will be borne by all |
|
water users receiving water delivery from the district. |
|
(c) The remainder of the estimated expenses shall be paid by |
|
assessments, charges, fees, rentals, or deposits required of |
|
[against] persons in the district who use or who make application to |
|
use water. The board shall prorate the remainder [as equitably as
|
|
possible] among the applicants for irrigation water and may |
|
consider: |
|
(1) the acreage each applicant will plant, the crop |
|
the applicant [he] will grow, and the amount of water per acre used |
|
for irrigation purposes; and |
|
(2) other factors deemed appropriate by the board with |
|
respect to water used for other nonirrigation uses [he will use]. |
|
SECTION 6. Section 51.306, Water Code, is amended to read as |
|
follows: |
|
Sec. 51.306. NOTICE OF ASSESSMENTS. (a) Public notice of |
|
all assessments imposed under Section 51.305(a) shall be given by |
|
posting printed notice [notices] of the assessment in at least one |
|
[three] public place [places] in the district. |
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(b) Not later than the fifth day before the date on which the |
|
assessment is due, notice [Notice] shall be mailed to each |
|
landowner at the address which the landowner shall furnish to the |
|
board. |
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(c) Notice [The notice shall be posted in a public place and
|
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mailed to each landowner five days before the assessment is due, and
|
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notice] of special assessments shall be given within 10 days after |
|
the assessment is levied. |
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SECTION 7. Subsection (a), Section 51.307, Water Code, is |
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amended to read as follows: |
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(a) All assessments imposed under Section 51.305(a) shall |
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be paid in installments at the times fixed by the board. |
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SECTION 8. Subsections (a), (b), and (c), Section 51.308, |
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Water Code, are amended to read as follows: |
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(a) Under the direction of the board, the assessor and |
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collector, or other person designated by the board, shall collect |
|
all assessments imposed under Section 51.305(a) for maintenance and |
|
operating expenses. |
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(b) The assessor and collector shall execute a bond in an |
|
amount determined by the board, conditioned on the faithful |
|
performance of the [his] duties of the assessor and collector and |
|
accounting for all money collected. |
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(c) The assessor and collector shall keep an account of all |
|
money collected and shall deposit the money as collected in the |
|
district depository. The assessor and collector [He] shall file |
|
with the secretary of the board a statement of all money collected |
|
once each month [week]. |
|
SECTION 9. Section 51.309, Water Code, is amended to read as |
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follows: |
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Sec. 51.309. LIEN AGAINST CROPS. (a) The district shall |
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have a first lien, superior to all other liens, against all crops |
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grown on a [each] tract of land in the district to secure the |
|
payment of an [the] assessment imposed against the tract under |
|
Section 51.305(a), interest, and collection or attorney's fees. |
|
(b) If the crops against which the district has a lien under |
|
this section are cultivated on a basis other than annual |
|
replanting, the owner of the crops shall record with the county |
|
clerk of the county where the land on which the crops are cultivated |
|
is located a legally sufficient description of the land, including |
|
a metes and bounds description or a plat reference. |
|
SECTION 10. Section 51.310, Water Code, is amended to read |
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as follows: |
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Sec. 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments |
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imposed under Section 51.305(a) not paid when due shall become |
|
delinquent on the first day of the month following the date payment |
|
is due, and the board shall [post in a public place in the district a
|
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list of all persons who are delinquent in paying their assessments
|
|
and shall] keep posted in a public place in the district a correct |
|
list of all persons who are delinquent in paying assessments. If a |
|
person who owes an assessment has executed a note and contract as |
|
provided in Section 51.302, the person may [of this code, he shall] |
|
not be placed on the delinquent list until after the maturity of the |
|
note and contract. |
|
SECTION 11. Section 51.311, Water Code, is amended to read |
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as follows: |
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Sec. 51.311. WATER SERVICE DISCONTINUED. If a landowner |
|
fails or refuses to pay a water assessment or a person fails to pay a |
|
charge, fee, rental, or deposit imposed under this subchapter or |
|
Chapter 49 when due, the landowner's or person's [his] water supply |
|
shall be cut off, and no water may be furnished to the land until all |
|
back assessments or other amounts owed to the district are fully |
|
paid. The discontinuance of water service is binding on all persons |
|
who own or acquire an interest in land for which assessments or |
|
other amounts owed to the district are due. |
|
SECTION 12. Section 51.312, Water Code, is amended to read |
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as follows: |
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Sec. 51.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for |
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delinquent water assessments or other amounts owed to the district |
|
under this subchapter [assessment] may be brought either in the |
|
county in which the district is located or in the county in which |
|
the defendant resides. All landowners are personally liable for |
|
assessments imposed under Section 51.305(a) [provided in this
|
|
subchapter]. |
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SECTION 13. Subsection (a), Section 51.313, Water Code, is |
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amended to read as follows: |
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(a) All assessments imposed under Section 51.305(a) shall |
|
bear interest from the date payment is due at the rate of 15 percent |
|
a year. Assessments not paid by the first day of the month |
|
following the date payment is due are [shall become] delinquent, |
|
and a penalty of up to 15 percent of the amount of the past-due |
|
assessment shall be added to the amount due. |
|
SECTION 14. Section 55.351, Water Code, is amended to read |
|
as follows: |
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Sec. 55.351. STATEMENT ESTIMATING WATER REQUIREMENTS AND |
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PAYMENT OF CHARGE. (a) If required by the board, each [Each] |
|
person desiring to receive irrigation water at any time during the |
|
year shall furnish the secretary of the board a written statement of |
|
the acreage the person [he] intends to irrigate and the different |
|
crops the person [he] intends to plant with the acreage of each |
|
crop. |
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(b) At the time the acreage estimate is furnished to the |
|
secretary, each person applying for water shall pay the portion of |
|
the water charge or assessment set by the board for immediate |
|
payment. |
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(c) If a [any] person applying for water from the district |
|
does not furnish the statement of estimated acreage or does not pay |
|
the part of the water charge or assessment set by the board before |
|
the date for fixing the assessment, the district is not obligated to |
|
furnish water to that person during that year. |
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SECTION 15. Section 55.352, Water Code, is amended to read |
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as follows: |
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Sec. 55.352. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING |
|
EXPENSES. The board, on or as soon as practicable after a date |
|
fixed by standing order of the board, shall estimate the expenses of |
|
maintaining and operating the district's water delivery |
|
[irrigation] system for the next 12 months. The board may change |
|
the 12-month period for which it estimates the expenses of |
|
maintaining and operating the water delivery [irrigation] system by |
|
estimating such expenses for a shorter period so as to adjust to a |
|
new fixed date and thereafter estimating the expenses for 12-month |
|
periods following the adjusted fixed date. |
|
SECTION 16. Section 55.354, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.354. DISTRIBUTION OF ASSESSMENT. (a) The board by |
|
rule shall allocate a portion [Not less than one-third nor more than
|
|
two-thirds] of the estimated maintenance and operating expenses |
|
that shall be paid by assessment against all land in the district to |
|
which the district can furnish irrigation water through its water |
|
delivery [irrigation] system or through an extension of its water |
|
delivery [irrigation] system. This assessment [The assessments] |
|
shall be levied against all irrigable land in the district on a per |
|
acre basis, whether or not the land is actually irrigated. |
|
(b) The board shall determine from year to year the |
|
proportionate amount of the expenses which will be borne by all |
|
water users receiving water delivery from the district [under this
|
|
subsection]. |
|
(c) [(b)] The remainder of the estimated expenses shall be |
|
paid by assessments, charges, fees, rentals, and deposits required |
|
of [against] persons in the district who use or who make application |
|
to use water and other charges approved by the board. The board |
|
shall prorate the remainder [as equitably as possible] among the |
|
applicants for irrigation water and may consider: |
|
(1) the acreage each applicant will plant, the crop |
|
the applicant [he] will grow, and the amount of water per acre used |
|
for irrigation purposes; and |
|
(2) other factors deemed appropriate by the board with |
|
respect to water used for other nonirrigation uses [he will use]. |
|
(d) All persons using irrigation water to plant the same |
|
crop will pay the same price per acre for the water. |
|
SECTION 17. Section 55.355, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.355. NOTICE OF ASSESSMENTS. (a) Public notice of |
|
all assessments imposed under Section 55.354(a) shall be given by |
|
posting printed notice [notices] of the assessment in at least one |
|
[three] public place [places] in the district. |
|
(b) Not later than the fifth day before the date on which the |
|
assessment is due, notice [Printed notices] shall be mailed to each |
|
landowner at the address which the landowner shall furnish to the |
|
board. |
|
(c) Notice [The notice shall be posted in a public place and
|
|
mailed to the landowner five days before the assessment is due, and
|
|
notice] of special assessments shall be given within 10 days after |
|
the assessment is levied. |
|
SECTION 18. Section 55.356, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.356. PAYMENT OF ASSESSMENTS. (a) All assessments |
|
imposed under Section 55.354(a) shall be paid in installments at |
|
the times fixed by the board. |
|
(b) If a crop for which water was furnished by the district |
|
is harvested before the due date of any installment payment, the |
|
entire unpaid assessment becomes due at once and shall be paid |
|
within 10 days after the crop is harvested and before the crop is |
|
removed from the county or counties in which it was grown. |
|
SECTION 19. Section 55.357, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.357. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND |
|
COLLECTOR. (a) Under the direction of the board, the assessor and |
|
collector of taxes, or other person designated by the board, shall |
|
collect all assessments imposed under Section 55.354(a) for |
|
maintenance and operating expenses made under the provisions of |
|
this subchapter. |
|
(b) The assessor and collector of taxes shall give bond in |
|
an amount determined by the board, conditioned upon the faithful |
|
performance of the [his] duties of the assessor and collector and |
|
accounting for all money collected. |
|
(c) The assessor and collector of taxes shall keep an |
|
account of all money collected and shall deposit the money as |
|
collected in the district depository. The assessor and collector |
|
[He] shall file with the secretary of the board a statement of all |
|
money collected once each month [week]. |
|
(d) The assessor and collector [He] shall use duplicate |
|
receipt books, give a receipt for each collection made, and retain |
|
in the book a copy of each receipt, which shall be kept as a record |
|
of the district. |
|
SECTION 20. Section 55.358, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.358. CONTRACTS WITH PERSON USING IRRIGATION WATER. |
|
(a) The board may require each person who desires to use |
|
irrigation water during the year to enter into a contract with the |
|
district which states the acreage to be irrigated [watered], the |
|
crops to be planted, the amount to be paid for the water, and the |
|
terms of payment. |
|
(b) The contract is not a waiver of the lien given to the |
|
district under Section 55.359 [of this code] against the crops of a |
|
person using irrigation water for the service furnished to the |
|
person [him]. |
|
(c) If a person irrigates more acreage [land] than the |
|
person's [his] contract specifies, the person [he] shall pay for |
|
the additional service [under the provisions of this subchapter]. |
|
(d) The directors also may require a person using irrigation |
|
water to execute a negotiable note or notes for all or part of the |
|
amount owed under the contract. |
|
SECTION 21. Section 55.359, Water Code, is amended by |
|
amending Subsection (a) and adding Subsection (c) to read as |
|
follows: |
|
(a) The district shall have a first lien, superior to all |
|
other liens, against all crops grown on a [each] tract of land in |
|
the district to secure the payment of an assessment imposed against |
|
the tract under Section 55.354(a) [the assessments], interest, and |
|
collection or attorney's fees. |
|
(c) If the crops against which the district has a lien under |
|
this section are cultivated on a basis other than annual |
|
replanting, the owner of the crops shall record with the county |
|
clerk of the county where the land on which the crops are cultivated |
|
is located a legally sufficient description on the land, including |
|
a metes and bounds description or a plat reference. |
|
SECTION 22. Section 55.360, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.360. LIST OF DELINQUENT ASSESSMENTS. Assessments |
|
imposed under Section 55.354(a) not paid when due shall become |
|
delinquent on the first day of the month following the date payment |
|
is due, and the board shall [post in a public place in the district a
|
|
list of all persons who are delinquent in paying their assessments
|
|
and shall] keep posted in a public place in the district a correct |
|
list of all delinquent assessments. If a person who owes an |
|
assessment has [persons who owe assessments have] executed a note |
|
and contract [notes and contracts] as provided in Section 55.358, |
|
the person may [of this code, they shall] not be placed on the |
|
delinquent list until after the maturity of the note and contract |
|
[notes and contracts]. |
|
SECTION 23. Section 55.361, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.361. WATER SERVICE DISCONTINUED. If a landowner |
|
fails or refuses [shall fail or refuse] to pay any water assessment |
|
or a person fails to pay a charge, fee, rental, or deposit imposed |
|
under this subchapter or Chapter 49 when due, the landowner's or |
|
person's [his] water supply shall be cut off, and no water shall be |
|
furnished to the land until all back assessments or other amounts |
|
owed to the district are fully paid. The discontinuance of water |
|
service is binding on all persons who own or acquire any interest in |
|
land for which assessments or other amounts owed to the district are |
|
due. |
|
SECTION 24. Section 55.362, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.362. SUITS FOR DELINQUENT ASSESSMENTS. Suits for |
|
delinquent water assessments or other amounts owed to the district |
|
under this subchapter may be brought either in the county in which |
|
the irrigation district is located or in the county in which the |
|
defendant resides. All landowners are personally liable for all |
|
assessments imposed under Section 55.354(a) [provided in this
|
|
subchapter]. |
|
SECTION 25. Subsection (a), Section 55.363, Water Code, is |
|
amended to read as follows: |
|
(a) All assessments imposed under Section 55.354(a) shall |
|
bear interest from the date payment is due at the rate of 15 percent |
|
a year. Assessments not paid by the first day of the month |
|
following the date payment is due are [shall become] delinquent, |
|
and a penalty of up to 15 percent of the amount of the past-due |
|
assessment shall be added to the amount due. |
|
SECTION 26. Subsection (a), Section 58.301, Water Code, is |
|
amended to read as follows: |
|
(a) If required by the board, each [Each] person who desires |
|
to receive irrigation water at any time during the year shall |
|
furnish the secretary of the board a written statement of the |
|
acreage the person [he] intends to irrigate and the different crops |
|
the person [he] intends to plant with the acreage of each crop. |
|
SECTION 27. Section 58.302, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.302. CONTRACTS WITH PERSON USING IRRIGATION WATER. |
|
(a) The board may require each person who desires to use |
|
irrigation water during the year to enter into a contract with the |
|
district which states the acreage to be irrigated [watered], the |
|
crops to be planted, the amount to be paid for the water, and the |
|
terms of payment. |
|
(b) If a person irrigates more acreage [land] than the |
|
person's [his] contract specifies, the person [he] shall pay for |
|
the additional service. |
|
(c) The directors also may require a person using irrigation |
|
water to execute a negotiable note or notes for all or part of the |
|
amount owed under the contract. |
|
(d) The contract is not a waiver of the lien given to the |
|
district under Section 58.309 [of this code] against the crops of a |
|
person using irrigation water for the service furnished to the |
|
person [him]. |
|
SECTION 28. Section 58.303, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS. |
|
The board may adopt, alter, and rescind rules, and standing and |
|
temporary orders which do not conflict with the provisions of this |
|
subchapter and which govern: |
|
(1) methods, terms, and conditions of water service; |
|
(2) applications for water; |
|
(3) assessments, charges, fees, rentals, or deposits |
|
for maintenance and operation; |
|
(4) payment and the enforcement of payment of the |
|
assessments, charges, fees, rentals, or deposits; |
|
(5) furnishing irrigation water to persons who did not |
|
apply for it before the date of assessment if required; and |
|
(6) furnishing water to persons who wish to take water |
|
for irrigation in excess of their original applications or for use |
|
on land not covered by their original applications if required. |
|
SECTION 29. Section 58.304, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING |
|
EXPENSES. The board, on or as soon as practicable after a date |
|
fixed by standing order of the board, shall estimate the expenses of |
|
maintaining and operating the district's water delivery |
|
[irrigation] system for the next 12 months. The board may change |
|
the 12-month period for which it estimates the expenses of |
|
maintaining and operating the water delivery [irrigation] system by |
|
estimating such expenses for a shorter period so as to adjust to a |
|
new fixed date and thereafter estimating the expenses for 12-month |
|
periods following the adjusted fixed date. |
|
SECTION 30. Section 58.305, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.305. DISTRIBUTION OF ASSESSMENT. (a) The board by |
|
rule shall allocate a portion [Not less than one-third nor more than
|
|
two-thirds] of the estimated maintenance and operating expenses |
|
that shall be paid by assessment against all land in the district to |
|
which the district can furnish irrigation water through its water |
|
delivery [irrigation] system or through an extension of its water |
|
delivery [irrigation] system. This assessment shall be levied |
|
against all irrigable land in the district on a per acre basis, |
|
whether or not the land is actually irrigated. |
|
(b) [The assessments shall be levied against all irrigable
|
|
land in the district on a per acre basis, whether or not the land is
|
|
actually irrigated.] The board shall determine from year to year |
|
the proportionate amount of the expenses which will be borne by all |
|
water users receiving water delivery from the district. |
|
(c) The remainder of the estimated expenses shall be paid by |
|
charges, fees, rentals, or deposits required of [assessments
|
|
against] persons in the district who use or who make application to |
|
use water and other charges approved by the board. The board shall |
|
prorate the remainder [as equitably as possible] among the |
|
applicants for irrigation water and may consider: |
|
(1) the acreage each applicant will plant, the crop |
|
the applicant [he] will grow, and the amount of water per acre used |
|
for irrigation purposes; and |
|
(2) other factors deemed appropriate by the board with |
|
respect to water used for other nonirrigation uses [he will use]. |
|
SECTION 31. Section 58.306, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.306. NOTICE OF ASSESSMENTS. (a) Public notice of |
|
all assessments imposed under Section 58.305(a) shall be given by |
|
posting printed notice [notices] of the assessment in at least one |
|
[three] public place [places] in the district. |
|
(b) Not later than the fifth day before the date on which the |
|
assessment is due, notice [Notice] shall be mailed to each |
|
landowner at the address which the landowner shall furnish to the |
|
board. |
|
(c) Notice [The notice shall be posted in a public place and
|
|
mailed to each landowner five days before the assessment is due, and
|
|
notice] of special assessments shall be given within 10 days after |
|
the assessment is levied. |
|
SECTION 32. Subsection (a), Section 58.307, Water Code, is |
|
amended to read as follows: |
|
(a) All assessments imposed under Section 58.305(a) shall |
|
be paid in installments at the times fixed by the board. |
|
SECTION 33. Subsections (a), (b), and (c), Section 58.308, |
|
Water Code, are amended to read as follows: |
|
(a) Under the direction of the board, the assessor and |
|
collector, or other person designated by the board, shall collect |
|
all assessments imposed under Section 58.305(a) for maintenance and |
|
operating expenses. |
|
(b) The assessor and collector shall execute a bond in an |
|
amount determined by the board, conditioned on the faithful |
|
performance of the [his] duties of the assessor and collector and |
|
accounting for all money collected. |
|
(c) The assessor and collector shall keep an account of all |
|
money collected and shall deposit the money as collected in the |
|
district depository. The assessor and collector [He] shall file |
|
with the secretary of the board a statement of all money collected |
|
once each month [week]. |
|
SECTION 34. Section 58.309, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.309. LIEN AGAINST CROPS. (a) The district shall |
|
have a first lien, superior to all other liens, against all crops |
|
grown on a [each] tract of land in the district to secure the |
|
payment of an [the] assessment imposed against the tract under |
|
Section 58.305(a), interest, and collection or attorney's fees. |
|
(b) If the crops against which the district has a lien under |
|
this section are cultivated on a basis other than annual |
|
replanting, the owner of the crops shall record with the county |
|
clerk of the county where the land on which the crops are cultivated |
|
is located a legally sufficient description of the land, including |
|
a metes and bounds description or a plat reference. |
|
SECTION 35. Section 58.310, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.310. LIST OF DELINQUENT ASSESSMENTS. Assessments |
|
imposed under Section 58.305(a) not paid when due shall become |
|
delinquent on the first day of the month following the date payment |
|
is due, and the board shall [post in a public place in the district a
|
|
list of all persons who are delinquent in paying their assessments
|
|
and shall] keep posted in a public place in the district a correct |
|
list of all persons who are delinquent in paying assessments. If a |
|
person who owes an assessment has executed a note and contract as |
|
provided in Section 58.302, the person may [of this code, he shall] |
|
not be placed on the delinquent list until after the maturity of the |
|
note and contract. |
|
SECTION 36. Section 58.311, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.311. WATER SERVICE DISCONTINUED. If a landowner |
|
fails or refuses to pay a water assessment or a person fails to pay a |
|
charge, fee, rental, or deposit imposed under this subchapter or |
|
Chapter 49 when due, the landowner's or person's [his] water supply |
|
shall be cut off, and no water may be furnished to the land until all |
|
back assessments or other amounts owed to the district are fully |
|
paid. The discontinuance of water service is binding on all persons |
|
who own or acquire an interest in land for which assessments or |
|
other amounts owed to the district are due. |
|
SECTION 37. Section 58.312, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for |
|
delinquent water assessments or other amounts owed to the district |
|
under this subchapter may be brought either in the county in which |
|
the district is located or in the county in which the defendant |
|
resides. All landowners are personally liable for assessments |
|
imposed under Section 58.305(a) [provided in this subchapter]. |
|
SECTION 38. Subsection (a), Section 58.313, Water Code, is |
|
amended to read as follows: |
|
(a) All assessments imposed under Section 58.305(a) shall |
|
bear interest from the date payment is due at the rate of 15 percent |
|
a year. Assessments not paid by the first day of the month |
|
following the date payment is due are [shall become] delinquent, |
|
and a penalty of up to 15 percent of the amount of the past-due |
|
assessment shall be added to the amount due. |
|
SECTION 39. Section 58.137, Water Code, is repealed. |
|
SECTION 40. This Act takes effect September 1, 2013. |