|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to nonirrigable land in irrigation districts. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 58.305, Water Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) The board by order shall allocate a portion 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 system or |
|
through an extension of its water delivery 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, except as |
|
provided by Subsection (a-1). |
|
(a-1) An assessment under this section may not be levied |
|
against land that is not being irrigated because: |
|
(1) the land is not irrigable; |
|
(2) the owners of a majority of the acreage of the land |
|
no longer intend to irrigate the land; |
|
(3) the land has been subdivided into town lots, town |
|
lots and blocks, or small parcels having the same general nature of |
|
town lots, including lots and blocks designed, intended, or |
|
suitable for a residential, commercial, or other nonagricultural |
|
purpose; or |
|
(4) the land is located on subdivided land and is: |
|
(A) designated as a street, alley, parkway, or |
|
park; or |
|
(B) a railroad property or right-of-way. |
|
SECTION 2. Section 58.731, Water Code, is amended to read as |
|
follows: |
|
Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The |
|
board shall [may] exclude from the district land that is not being |
|
irrigated as provided by Sections 51.759 through 51.766. This |
|
section applies only to land that is eligible for exclusion under |
|
Section 51.759. |
|
SECTION 3. This Act takes effect September 1, 2023. |