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A BILL TO BE ENTITLED
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AN ACT
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relating to nonirrigable land in irrigation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58.305, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The board by order shall allocate a portion of the |
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estimated maintenance and operating expenses that shall be paid by |
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assessment against all land in the district to which the district |
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can furnish irrigation water through its water delivery system or |
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through an extension of its water delivery system. This assessment |
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shall be levied against all irrigable land in the district on a per |
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acre basis, whether or not the land is actually irrigated, except as |
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provided by Subsection (a-1). |
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(a-1) An assessment under this section may not be levied |
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against land that is not being irrigated because: |
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(1) the land is not irrigable; |
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(2) the owners of a majority of the acreage of the land |
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no longer intend to irrigate the land; |
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(3) the land has been subdivided into town lots, town |
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lots and blocks, or small parcels having the same general nature of |
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town lots, including lots and blocks designed, intended, or |
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suitable for a residential, commercial, or other nonagricultural |
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purpose; or |
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(4) the land is located on subdivided land and is: |
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(A) designated as a street, alley, parkway, or |
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park; or |
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(B) a railroad property or right-of-way. |
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SECTION 2. Section 58.731, Water Code, is amended to read as |
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follows: |
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Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The |
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board shall [may] exclude from the district land that is not being |
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irrigated as provided by Sections 51.759 through 51.766. This |
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section applies only to land that is eligible for exclusion under |
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Section 51.759. |
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SECTION 3. This Act takes effect September 1, 2025. |