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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; providing authority for a district by rule to change |
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fees; clarifying a district's authority to impose certain |
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assessments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 51, Water Code, is amended |
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by adding Section 51.091 to read as follows: |
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Sec. 51.091. PROJECTS OF CERTAIN DISTRICTS. (a) In this |
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section, "preservation district" means a district defined by |
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Chapter 54 and created by special law with the power to promote the |
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preservation of fish and other wildlife within its boundaries. |
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(b) A water supply project financed, in whole or in part, |
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with water development bonds, as defined under Section 16.001, that |
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is undertaken by a district having operations or facilities located |
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in not less than four counties, and that is included in a regional |
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water plan under Section 16.053, is of fundamental and paramount |
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importance and is to be given priority over the activities, rules, |
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regulations, ordinances, or any requirement for a permit, bond, or |
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fee of a preservation district, which shall be inapplicable to the |
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construction of the project. |
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(c) Governmental immunity of a preservation district is |
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waived in an action brought by a district described in Subsection |
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(b) for the acquisition of land, easements, or other property for a |
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project described in Subsection (b), if the preservation district |
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is the owner of the land or property. |
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(d) Notwithstanding any other law, venue shall lie in Travis |
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County for an action described in Subsection (c) and brought by a |
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district described in Subsection (b). |
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(e) This section expires September 1, 2039. |
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SECTION 2. 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 |
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to receive irrigation water at any time during the year shall |
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furnish the secretary of the board a written statement of the |
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acreage the person [he] intends to irrigate and the different crops |
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the person [he] intends to plant with the acreage of each crop. |
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SECTION 3. Section 51.302, Water Code, is amended to read as |
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follows: |
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Sec. 51.302. CONTRACTS WITH PERSON USING IRRIGATION WATER. |
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(a) The board may require each person who desires to use |
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irrigation water during the year to enter into a contract with the |
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district which states the acreage to be irrigated [watered], the |
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crops to be planted, the amount to be paid for the water, and the |
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terms of payment. |
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(b) If a person irrigates more acreage [land] than the |
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person's [his] contract specifies, the person [he] shall pay for |
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the additional service. |
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(c) The directors also may require a person using irrigation |
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water to execute a negotiable note or notes for all or part of the |
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amount owed under the contract. |
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(d) The contract is not a waiver of the lien given to the |
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district under Section 51.309 [of this code] against the crops of a |
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person using irrigation water for the service furnished to the |
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person [him]. |
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SECTION 4. Section 51.303, Water Code, is amended to read as |
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follows: |
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Sec. 51.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS. |
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The board may adopt, alter, and rescind rules, regulations, and |
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standing and temporary orders which do not conflict with the |
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provisions of this subchapter and which govern: |
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(1) methods, terms, and conditions of water service; |
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(2) applications for water; |
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(3) assessments, charges, fees, rentals, or deposits |
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for maintenance and operation; |
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(4) payment and the enforcement of payment of the |
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assessments, charges, fees, rentals, or deposits; |
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(5) furnishing irrigation water to persons who did not |
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apply for it before the date of assessment if required; and |
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(6) furnishing water to persons who wish to take water |
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for irrigation in excess of their original applications or for use |
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on land not covered by their original applications if required. |
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SECTION 5. Section 51.304, Water Code, is amended to read as |
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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 |
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fixed by standing order of the board, shall estimate the expenses of |
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maintaining and operating the district's water delivery |
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[irrigation] system for the next 12 months. The board may change |
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the 12-month period for which it estimates the expenses of |
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maintaining and operating the water delivery [irrigation] system by |
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estimating such expenses for a shorter period so as to adjust to a |
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new fixed date and thereafter estimating the expenses for 12-month |
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periods following the adjusted fixed date. |
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SECTION 6. Section 51.305, Water Code, is amended to read as |
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follows: |
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Sec. 51.305. DISTRIBUTION OF ASSESSMENT. (a) The board by |
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order shall allocate a portion [Not less than one-third nor more
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than two-thirds] of the estimated maintenance and operating |
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expenses that shall be paid by assessment against all land in the |
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district to which the district can furnish irrigation water through |
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its water delivery [irrigation] system or through an extension of |
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its water delivery [irrigation] system. This assessment shall be |
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levied against all irrigable land in the district on a per acre |
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basis, whether or not the land is actually irrigated. |
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(b) [The assessments shall be levied against all irrigable
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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 |
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the proportionate amount of the expenses which will be borne by all |
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water users receiving water delivery from the district. |
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(c) The remainder of the estimated expenses shall be paid by |
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assessments, charges, fees, rentals, or deposits required of |
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[against] persons in the district who use or who make application to |
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use water. The board shall prorate the remainder [as equitably as
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possible] among the applicants for irrigation water and may |
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consider: |
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(1) the acreage each applicant will plant, the crop |
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the applicant [he] will grow, and the amount of water per acre used |
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for irrigation purposes; and |
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(2) other factors deemed appropriate by the board with |
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respect to water used for other nonirrigation uses [he will use]. |
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(d) A landowner of irrigable land in the district or a user |
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of water delivered by the district for any purpose other than |
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irrigation who disputes all or a part of a board order that |
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determines the amount of an assessment, charge, fee, rental, or |
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deposit may file a petition under Section 11.041. That petition |
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filed with the commission is the sole remedy available to a |
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landowner or user of water described by this subsection. |
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SECTION 7. Section 51.306, Water Code, is amended to read as |
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follows: |
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Sec. 51.306. NOTICE OF ASSESSMENTS. (a) Public notice of |
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all assessments imposed under Section 51.305(a) shall be given by |
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posting printed notice [notices] of the assessment in at least one |
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[three] public place [places] in the district. |
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(b) Not later than the fifth day before the date on which the |
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assessment is due, notice [Notice] shall be mailed to each |
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landowner at the address which the landowner shall furnish to the |
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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 |
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the assessment is levied. |
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SECTION 8. 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 9. 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 |
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all assessments imposed under Section 51.305(a) for maintenance and |
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operating expenses. |
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(b) The assessor and collector shall execute a bond in an |
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amount determined by the board, conditioned on the faithful |
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performance of the [his] duties of the assessor and collector and |
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accounting for all money collected. |
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(c) The assessor and collector shall keep an account of all |
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money collected and shall deposit the money as collected in the |
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district depository. The assessor and collector [He] shall file |
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with the secretary of the board a statement of all money collected |
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once each month [week]. |
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SECTION 10. Section 51.309, Water Code, is amended to read |
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as 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 |
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payment of an [the] assessment imposed against the tract under |
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Section 51.305(a), interest, and collection or attorney's fees. |
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(b) If the crops against which the district has a lien under |
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this section are cultivated on a basis other than annual |
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replanting, the owner of the crops shall record with the county |
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clerk of the county where the land on which the crops are cultivated |
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is located a legally sufficient description of the land, including |
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a metes and bounds description or a plat reference. |
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SECTION 11. 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 |
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delinquent on the first day of the month following the date payment |
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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
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and shall] keep posted in a public place in the district a correct |
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list of all persons who are delinquent in paying assessments. If a |
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person who owes an assessment has executed a note and contract as |
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provided in Section 51.302, the person may [of this code, he shall] |
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not be placed on the delinquent list until after the maturity of the |
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note and contract. |
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SECTION 12. 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. (a) If a |
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landowner fails or refuses to pay a water assessment or a person |
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fails to pay a charge, fee, rental, or deposit imposed under this |
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chapter or Chapter 49 when due, the landowner's or person's [his] |
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water supply shall be cut off, and no water may be furnished to the |
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land until all back assessments or other amounts owed to the |
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district are fully paid. The discontinuance of water service is |
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binding on all persons who own or acquire an interest in land for |
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which assessments or other amounts owed to the district are due. |
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(b) A landowner or person whose water service has been |
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discontinued under Subsection (a) may request that the board |
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reconsider the discontinuance related to a charge, fee, rental, |
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deposit, or penalty, and may not request that the board reconsider a |
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discontinuance related to an assessment. If the board declines to |
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reconsider the discontinuance, the landowner or person may file a |
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petition under Section 11.041. That petition filed with the |
|
commission is the sole remedy available to a landowner or person |
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described by this subsection. |
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SECTION 13. 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 |
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under this subchapter [assessment] may be brought either in the |
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county in which the district is located or in the county in which |
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the defendant resides. All landowners are personally liable for |
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assessments imposed under Section 51.305(a) [provided in this
|
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subchapter]. |
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SECTION 14. 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 |
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bear interest from the date payment is due at the rate of 15 percent |
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a year. Assessments not paid by the first day of the month |
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following the date payment is due are [shall become] delinquent, |
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and a penalty of up to 15 percent of the amount of the past-due |
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assessment shall be added to the amount due. |
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SECTION 15. Section 55.351, Water Code, is amended to read |
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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] |
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person desiring to receive irrigation water at any time during the |
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year shall furnish the secretary of the board a written statement of |
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the acreage the person [he] intends to irrigate and the different |
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crops the person [he] intends to plant with the acreage of each |
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crop. |
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(b) At the time the acreage estimate is furnished to the |
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secretary, each person applying for water shall pay the portion of |
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the water charge or assessment set by the board for immediate |
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payment. |
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(c) If a [any] person applying for water from the district |
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does not furnish the statement of estimated acreage or does not pay |
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the part of the water charge or assessment set by the board before |
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the date for fixing the assessment, the district is not obligated to |
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furnish water to that person during that year. |
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SECTION 16. 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 |
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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 17. Section 55.354, Water Code, is amended to read |
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as follows: |
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Sec. 55.354. DISTRIBUTION OF ASSESSMENT. (a) The board by |
|
order 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. |
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(b) The board shall determine from year to year the |
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proportionate amount of the expenses which will be borne by all |
|
water users receiving water delivery from the district [under this
|
|
subsection]. |
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(c) [(b)] 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 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]. |
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(d) All persons using irrigation water to plant the same |
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crop will pay the same price per acre for the water. |
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(e) A landowner of irrigable land in the district or a user |
|
of water delivered by the district for any purpose other than |
|
irrigation who disputes all or a part of a board order that |
|
determines the amount of an assessment, charge, fee, rental, or |
|
deposit may file a petition under Section 11.041. That petition |
|
filed with the commission is the sole remedy available to a |
|
landowner or user of water described by this subsection. |
|
SECTION 18. Section 55.355, Water Code, is amended to read |
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as follows: |
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Sec. 55.355. NOTICE OF ASSESSMENTS. (a) Public notice of |
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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. |
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(c) Notice [The notice shall be posted in a public place and
|
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mailed to the 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. |
|
SECTION 19. Section 55.356, Water Code, is amended to read |
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as follows: |
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Sec. 55.356. PAYMENT OF ASSESSMENTS. (a) All assessments |
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imposed under Section 55.354(a) shall be paid in installments at |
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the times fixed by the board. |
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(b) If a crop for which water was furnished by the district |
|
is harvested before the due date of any installment payment, the |
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entire unpaid assessment becomes due at once and shall be paid |
|
within 10 days after the crop is harvested and before the crop is |
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removed from the county or counties in which it was grown. |
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SECTION 20. Section 55.357, Water Code, is amended to read |
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as follows: |
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Sec. 55.357. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND |
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COLLECTOR. (a) Under the direction of the board, the assessor and |
|
collector of taxes, or other person designated by the board, shall |
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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 |
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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 21. Section 55.358, Water Code, is amended to read |
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as follows: |
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Sec. 55.358. 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) 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 22. 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 of the land, including |
|
a metes and bounds description or a plat reference. |
|
SECTION 23. 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 24. Section 55.361, Water Code, is amended to read |
|
as follows: |
|
Sec. 55.361. WATER SERVICE DISCONTINUED. (a) 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 chapter 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. |
|
(b) A landowner or person whose water service has been |
|
discontinued under Subsection (a) may request that the board |
|
reconsider the discontinuance related to a charge, fee, rental, |
|
deposit, or penalty, and may not request that the board reconsider a |
|
discontinuance related to an assessment. If the board declines to |
|
reconsider the discontinuance, the landowner or person may file a |
|
petition under Section 11.041. That petition filed with the |
|
commission is the sole remedy available to a landowner or person |
|
described by this subsection. |
|
SECTION 25. 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 26. 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 27. 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 28. 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 29. Section 58.303, Water Code, is amended to read |
|
as follows: |
|
Sec. 58.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS. |
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The board may adopt, alter, and rescind rules, and standing and |
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temporary orders which do not conflict with the provisions of this |
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subchapter and which govern: |
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(1) methods, terms, and conditions of water service; |
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(2) applications for water; |
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(3) assessments, charges, fees, rentals, or deposits |
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for maintenance and operation; |
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(4) payment and the enforcement of payment of the |
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assessments, charges, fees, rentals, or deposits; |
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(5) furnishing irrigation water to persons who did not |
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apply for it before the date of assessment if required; and |
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(6) furnishing water to persons who wish to take water |
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for irrigation in excess of their original applications or for use |
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on land not covered by their original applications if required. |
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SECTION 30. Section 58.304, Water Code, is amended to read |
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as follows: |
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Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING |
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EXPENSES. The board, on or as soon as practicable after a date |
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fixed by standing order of the board, shall estimate the expenses of |
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maintaining and operating the district's water delivery |
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[irrigation] system for the next 12 months. The board may change |
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the 12-month period for which it estimates the expenses of |
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maintaining and operating the water delivery [irrigation] system by |
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estimating such expenses for a shorter period so as to adjust to a |
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new fixed date and thereafter estimating the expenses for 12-month |
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periods following the adjusted fixed date. |
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SECTION 31. Section 58.305, Water Code, is amended to read |
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as follows: |
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Sec. 58.305. DISTRIBUTION OF ASSESSMENT. (a) The board by |
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order shall allocate a portion [Not less than one-third nor more
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than two-thirds] of the estimated maintenance and operating |
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expenses that shall be paid by assessment against all land in the |
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district to which the district can furnish irrigation water through |
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its water delivery [irrigation] system or through an extension of |
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its water delivery [irrigation] system. This assessment shall be |
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levied against all irrigable land in the district on a per acre |
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basis, whether or not the land is actually irrigated. |
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(b) [The assessments shall be levied against all irrigable
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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 |
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the proportionate amount of the expenses which will be borne by all |
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water users receiving water delivery from the district. |
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(c) The remainder of the estimated expenses shall be paid by |
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charges, fees, rentals, or deposits required of [assessments
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against] persons in the district who use or who make application to |
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use water and other charges approved by the board. The board shall |
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prorate the remainder [as equitably as possible] among the |
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applicants for irrigation water and may consider: |
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(1) the acreage each applicant will plant, the crop |
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the applicant [he] will grow, and the amount of water per acre used |
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for irrigation purposes; and |
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(2) other factors deemed appropriate by the board with |
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respect to water used for other nonirrigation uses [he will use]. |
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(d) A landowner of irrigable land in the district or a user |
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of water delivered by the district for any purpose other than |
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irrigation who disputes all or a part of a board order that |
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determines the amount of an assessment, charge, fee, rental, or |
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deposit may file a petition under Section 11.041. That petition |
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filed with the commission is the sole remedy available to a |
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landowner or user of water described by this subsection. |
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SECTION 32. Section 58.306, Water Code, is amended to read |
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as follows: |
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Sec. 58.306. NOTICE OF ASSESSMENTS. (a) Public notice of |
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all assessments imposed under Section 58.305(a) shall be given by |
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posting printed notice [notices] of the assessment in at least one |
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[three] public place [places] in the district. |
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(b) Not later than the fifth day before the date on which the |
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assessment is due, notice [Notice] shall be mailed to each |
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landowner at the address which the landowner shall furnish to the |
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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 |
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the assessment is levied. |
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SECTION 33. Subsection (a), Section 58.307, Water Code, is |
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amended to read as follows: |
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(a) All assessments imposed under Section 58.305(a) shall |
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be paid in installments at the times fixed by the board. |
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SECTION 34. Subsections (a), (b), and (c), Section 58.308, |
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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 |
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all assessments imposed under Section 58.305(a) for maintenance and |
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operating expenses. |
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(b) The assessor and collector shall execute a bond in an |
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amount determined by the board, conditioned on the faithful |
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performance of the [his] duties of the assessor and collector and |
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accounting for all money collected. |
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(c) The assessor and collector shall keep an account of all |
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money collected and shall deposit the money as collected in the |
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district depository. The assessor and collector [He] shall file |
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with the secretary of the board a statement of all money collected |
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once each month [week]. |
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SECTION 35. Section 58.309, Water Code, is amended to read |
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as follows: |
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Sec. 58.309. 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 |
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payment of an [the] assessment imposed against the tract under |
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Section 58.305(a), interest, and collection or attorney's fees. |
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(b) If the crops against which the district has a lien under |
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this section are cultivated on a basis other than annual |
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replanting, the owner of the crops shall record with the county |
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clerk of the county where the land on which the crops are cultivated |
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is located a legally sufficient description of the land, including |
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a metes and bounds description or a plat reference. |
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SECTION 36. Section 58.310, Water Code, is amended to read |
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as follows: |
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Sec. 58.310. LIST OF DELINQUENT ASSESSMENTS. Assessments |
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imposed under Section 58.305(a) not paid when due shall become |
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delinquent on the first day of the month following the date payment |
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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
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and shall] keep posted in a public place in the district a correct |
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list of all persons who are delinquent in paying assessments. If a |
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person who owes an assessment has executed a note and contract as |
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provided in Section 58.302, the person may [of this code, he shall] |
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not be placed on the delinquent list until after the maturity of the |
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note and contract. |
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SECTION 37. Section 58.311, Water Code, is amended to read |
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as follows: |
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Sec. 58.311. WATER SERVICE DISCONTINUED. (a) If a |
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landowner fails or refuses to pay a water assessment or a person |
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fails to pay a charge, fee, rental, or deposit imposed under this |
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chapter or Chapter 49 when due, the landowner's or person's [his] |
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water supply shall be cut off, and no water may be furnished to the |
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land until all back assessments or other amounts owed to the |
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district are fully paid. The discontinuance of water service is |
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binding on all persons who own or acquire an interest in land for |
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which assessments or other amounts owed to the district are due. |
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(b) A landowner or person whose water service has been |
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discontinued under Subsection (a) may request that the board |
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reconsider the discontinuance related to a charge, fee, rental, |
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deposit, or penalty, and may not request that the board reconsider a |
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discontinuance related to an assessment. If the board declines to |
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reconsider the discontinuance, the landowner or person may file a |
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petition under Section 11.041. That petition filed with the |
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commission is the sole remedy available to a landowner or person |
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described by this subsection. |
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SECTION 38. Section 58.312, Water Code, is amended to read |
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as follows: |
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Sec. 58.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for |
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delinquent water assessments or other amounts owed to the district |
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under this subchapter may be brought either in the county in which |
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the district is located or in the county in which the defendant |
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resides. All landowners are personally liable for assessments |
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imposed under Section 58.305(a) [provided in this subchapter]. |
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SECTION 39. Subsection (a), Section 58.313, Water Code, is |
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amended to read as follows: |
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(a) All assessments imposed under Section 58.305(a) shall |
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bear interest from the date payment is due at the rate of 15 percent |
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a year. Assessments not paid by the first day of the month |
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following the date payment is due are [shall become] delinquent, |
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and a penalty of up to 15 percent of the amount of the past-due |
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assessment shall be added to the amount due. |
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SECTION 40. Section 58.137, Water Code, is repealed. |
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SECTION 41. A district whose fiscal year begins on a date |
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other than September 1 is not required to comply with the changes in |
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law made by this Act that apply to the district until the beginning |
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of the district's next fiscal year following the effective date of |
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this Act. |
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SECTION 42. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 611 passed the Senate on |
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April 8, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 8, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 611 passed the House, with |
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amendments, on May 2, 2013, by the following vote: Yeas 147, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |