H.B. No. 2208
AN ACT
relating to the calculation of current market value of certain
water rights by the Rio Grande Regional Water Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.509, Water Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Subject to Subsection (d), the [The] Rio Grande Regional
Water Authority annually at its January meeting shall calculate the
current market value by using the average price per acre-foot of
municipal use water after conversion from irrigation use water to
municipal use water with a municipal priority of allocation under
commission rules of the last three purchases involving:
(1) a municipal water supplier;
(2) a party other than a municipal water supplier; and
(3) at least 100 acre-feet of municipal use water,
with municipal priority of allocation.
(d) For purposes of this subsection, "outer boundaries of a
district" means a district's boundaries without considering any
exclusion of land from inside the district. The Rio Grande Regional
Water Authority shall exclude from the calculation of current
market value under Subsection (a) any sale between a municipal
water supplier and a district if any territory inside the outer
boundaries of the district is:
(1) subject to the municipal water supplier's
certificate of convenience and necessity; or
(2) in the corporate limits of the municipality served
by the municipal water supplier, if the municipal water supplier
does not hold a certificate of convenience and necessity.
SECTION 2. The change in law made by this Act applies only
to a calculation of current market value of certain water rights
made by the Rio Grande Regional Water Authority on or after the
effective date of this Act. A calculation of current market value
that is made before the effective date of this Act is governed by
the law in effect when the calculation was made, and the former law
continues in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2208 was passed by the House on March
31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2208 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor