Texas 2013 - 83rd Regular

Texas House Bill HB1214 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R19393 SLB-F
2	2	By: Lucio III H.B. No. 1214
3	3	Substitute the following for H.B. No. 1214:
4	4	By: Miller of Comal C.S.H.B. No. 1214
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the irrigation powers and functions of certain water
10	10	districts; providing authority for a district by rule to change
11	11	fees; clarifying a district's authority to impose certain
12	12	assessments.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 51.301(a), Water Code, is amended to
15	15	read as follows:
16	16	(a) If required by the board, each [Each] person who desires
17	17	to receive irrigation water at any time during the year shall
18	18	furnish the secretary of the board a written statement of the
19	19	acreage the person [he] intends to irrigate and the different crops
20	20	the person [he] intends to plant with the acreage of each crop.
21	21	SECTION 2. Section 51.302, Water Code, is amended to read as
22	22	follows:
23	23	Sec. 51.302. CONTRACTS WITH PERSON USING IRRIGATION WATER.
24	24	(a) The board may require each person who desires to use irrigation
25	25	water during the year to enter into a contract with the district
26	26	which states the acreage to be irrigated [watered], the crops to be
27	27	planted, the amount to be paid for the water, and the terms of
28	28	payment.
29	29	(b) If a person irrigates more acreage [land] than the
30	30	person's [his] contract specifies, the person [he] shall pay for
31	31	the additional service.
32	32	(c) The directors also may require a person using irrigation
33	33	water to execute a negotiable note or notes for all or part of the
34	34	amount owed under the contract.
35	35	(d) The contract is not a waiver of the lien given to the
36	36	district under Section 51.309 [of this code] against the crops of a
37	37	person using irrigation water for the service furnished to the
38	38	person [him].
39	39	SECTION 3. Section 51.303, Water Code, is amended to read as
40	40	follows:
41	41	Sec. 51.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS.
42	42	The board may adopt, alter, and rescind rules, regulations, and
43	43	standing and temporary orders which do not conflict with the
44	44	provisions of this subchapter and which govern:
45	45	(1) methods, terms, and conditions of water service;
46	46	(2) applications for water;
47	47	(3) assessments, charges, fees, rentals, or deposits
48	48	for maintenance and operation;
49	49	(4) payment and the enforcement of payment of the
50	50	assessments, charges, fees, rentals, or deposits;
51	51	(5) furnishing irrigation water to persons who did not
52	52	apply for it before the date of assessment if required; and
53	53	(6) furnishing water to persons who wish to take water
54	54	for irrigation in excess of their original applications or for use
55	55	on land not covered by their original applications if required.
56	56	SECTION 4. Section 51.304, Water Code, is amended to read as
57	57	follows:
58	58	Sec. 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
59	59	EXPENSES. The board, on or as soon as practicable after a date
60	60	fixed by standing order of the board, shall estimate the expenses of
61	61	maintaining and operating the district's water delivery
62	62	[irrigation] system for the next 12 months. The board may change
63	63	the 12-month period for which it estimates the expenses of
64	64	maintaining and operating the water delivery [irrigation] system by
65	65	estimating such expenses for a shorter period so as to adjust to a
66	66	new fixed date and thereafter estimating the expenses for 12-month
67	67	periods following the adjusted fixed date.
68	68	SECTION 5. Section 51.305, Water Code, is amended to read as
69	69	follows:
70	70	Sec. 51.305. DISTRIBUTION OF ASSESSMENT. (a) The board by
71	71	order shall allocate a portion [Not less than one-third nor more
72	72	than two-thirds] of the estimated maintenance and operating
73	73	expenses that shall be paid by assessment against all land in the
74	74	district to which the district can furnish irrigation water through
75	75	its water delivery [irrigation] system or through an extension of
76	76	its water delivery [irrigation] system. This assessment shall be
77	77	levied against all irrigable land in the district on a per acre
78	78	basis, whether or not the land is actually irrigated.
79	79	(b) [The assessments shall be levied against all irrigable
80	80	land in the district on a per acre basis, whether or not the land is
81	81	actually irrigated.] The board shall determine from year to year
82	82	the proportionate amount of the expenses which will be borne by all
83	83	water users receiving water delivery from the district.
84	84	(c) The remainder of the estimated expenses shall be paid by
85	85	assessments, charges, fees, rentals, or deposits required of
86	86	[against] persons in the district or under contracts with persons
87	87	who use or who make application to use water and other charges
88	88	approved by the board. The board shall prorate the remainder [as
89	89	equitably as possible] among the applicants for irrigation water
90	90	and may consider:
91	91	(1) the acreage each applicant will plant, the crop
92	92	the applicant [he] will grow, and the amount of water per acre used
93	93	for irrigation purposes; and
94	94	(2) other factors deemed appropriate by the board with
95	95	respect to water used for other nonirrigation uses [he will use].
96	96	(d) A landowner of irrigable land in the district or a user
97	97	of water delivered by the district for any purpose other than
98	98	irrigation who disputes all or a part of a board order that
99	99	determines the amount of an assessment, charge, fee, rental, or
100	100	deposit may file a petition under Section 11.041. That petition
101	101	filed with the commission is the sole remedy available to a
102	102	landowner or user of water described by this subsection.
103	103	SECTION 6. Section 51.306, Water Code, is amended to read as
104	104	follows:
105	105	Sec. 51.306. NOTICE OF ASSESSMENTS. (a) Public notice of
106	106	all assessments imposed under Section 51.305(a) shall be given by
107	107	posting printed notice [notices] of the assessment in at least one
108	108	[three] public place [places] in the district.
109	109	(b) Not later than the fifth day before the date on which the
110	110	assessment is due, notice [Notice] shall be mailed to each
111	111	landowner at the address which the landowner shall furnish to the
112	112	board.
113	113	(c) Notice [The notice shall be posted in a public place and
114	114	mailed to each landowner five days before the assessment is due, and
115	115	notice] of special assessments shall be given within 10 days after
116	116	the assessment is levied.
117	117	SECTION 7. Section 51.307(a), Water Code, is amended to
118	118	read as follows:
119	119	(a) All assessments imposed under Section 51.305(a) shall
120	120	be paid in installments at the times fixed by the board.
121	121	SECTION 8. Sections 51.308(a), (b), and (c), Water Code,
122	122	are amended to read as follows:
123	123	(a) Under the direction of the board, the assessor and
124	124	collector, or other person designated by the board, shall collect
125	125	all assessments imposed under Section 51.305(a) for maintenance and
126	126	operating expenses.
127	127	(b) The assessor and collector shall execute a bond in an
128	128	amount determined by the board, conditioned on the faithful
129	129	performance of the [his] duties of the assessor and collector and
130	130	accounting for all money collected.
131	131	(c) The assessor and collector shall keep an account of all
132	132	money collected and shall deposit the money as collected in the
133	133	district depository. The assessor and collector [He] shall file
134	134	with the secretary of the board a statement of all money collected
135	135	once each month [week].
136	136	SECTION 9. Section 51.309, Water Code, is amended to read as
137	137	follows:
138	138	Sec. 51.309. LIEN AGAINST CROPS. (a) The district shall
139	139	have a first lien, superior to all other liens, against all crops
140	140	grown on a [each] tract of land in the district to secure the
141	141	payment of an [the] assessment imposed against the tract under
142	142	Section 51.305(a), interest, and collection or attorney's fees.
143	143	(b) If the crops against which the district has a lien under
144	144	this section are cultivated on a basis other than annual
145	145	replanting, the owner of the crops shall record with the county
146	146	clerk of the county where the land on which the crops are cultivated
147	147	is located a legally sufficient description of the land, including
148	148	a metes and bounds description or a plat reference.
149	149	SECTION 10. Section 51.310, Water Code, is amended to read
150	150	as follows:
151	151	Sec. 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments
152	152	imposed under Section 51.305(a) not paid when due shall become
153	153	delinquent on the first day of the month following the date payment
154	154	is due, and the board shall [post in a public place in the district a
155	155	list of all persons who are delinquent in paying their assessments
156	156	and shall] keep posted in a public place in the district a correct
157	157	list of all persons who are delinquent in paying assessments. If a
158	158	person who owes an assessment has executed a note and contract as
159	159	provided in Section 51.302, the person may [of this code, he shall]
160	160	not be placed on the delinquent list until after the maturity of the
161	161	note and contract.
162	162	SECTION 11. Section 51.311, Water Code, is amended to read
163	163	as follows:
164	164	Sec. 51.311. WATER SERVICE DISCONTINUED. (a) If a
165	165	landowner fails or refuses to pay a water assessment or a person
166	166	fails to pay a charge, fee, rental, deposit, or penalty imposed
167	167	under this chapter or Chapter 49 when due, the landowner's or
168	168	person's [his] water supply shall be cut off, and no water may be
169	169	furnished to the land owned by the landowner or rented by the person
170	170	in the district until all back assessments or other amounts owed to
171	171	the district are fully paid. The discontinuance of water service is
172	172	binding on all persons who own or acquire an interest in land,
173	173	including a leasehold interest, for which assessments or other
174	174	amounts owed to the district are due.
175	175	(b) A landowner or person whose water service has been
176	176	discontinued under Subsection (a) may request that the board
177	177	reconsider the discontinuance related to a charge, fee, rental,
178	178	deposit, or penalty, and may not request that the board reconsider a
179	179	discontinuance related to an assessment. If the board declines to
180	180	reconsider the discontinuance, the landowner or person may file a
181	181	petition under Section 11.041. That petition filed with the
182	182	commission is the sole remedy available to a landowner or person
183	183	described by this subsection.
184	184	SECTION 12. Section 51.312, Water Code, is amended to read
185	185	as follows:
186	186	Sec. 51.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for
187	187	delinquent water assessments or other amounts owed to the district
188	188	under this subchapter [assessment] may be brought either in the
189	189	county in which the district is located or in the county in which
190	190	the defendant resides. All persons who own or acquire an interest
191	191	in land for which an assessment is due [landowners] are personally
192	192	liable for assessments imposed under Section 51.305(a) [provided in
193	193	this subchapter].
194	194	SECTION 13. Section 51.313, Water Code, is amended to read
195	195	as follows:
196	196	Sec. 51.313. INTEREST AND COLLECTION FEES. (a) All
197	197	assessments imposed under Section 51.305(a) shall bear interest
198	198	from the date payment is due at the rate of 15 percent a year.
199	199	Assessments not paid by the first day of the month following the
200	200	date payment is due are [shall become] delinquent, and a penalty of
201	201	up to 15 percent of the amount of the past-due assessment shall be
202	202	added to the amount due.
203	203	(b) If suit is filed to foreclose a lien on crops or if a
204	204	delinquent assessment or other amount owed to the district is
205	205	collected by an attorney before or after suit, an additional amount
206	206	of 15 percent on the unpaid assessment, penalty, and interest or
207	207	other amount owed to the district shall be added as collection or
208	208	attorney's fees.
209	209	SECTION 14. Section 55.351, Water Code, is amended to read
210	210	as follows:
211	211	Sec. 55.351. STATEMENT ESTIMATING WATER REQUIREMENTS AND
212	212	PAYMENT OF CHARGE. (a) If required by the board, each [Each] person
213	213	desiring to receive irrigation water at any time during the year
214	214	shall furnish the secretary of the board a written statement of the
215	215	acreage the person [he] intends to irrigate and the different crops
216	216	the person [he] intends to plant with the acreage of each crop.
217	217	(b) At the time the acreage estimate is furnished to the
218	218	secretary, each person applying for water shall pay the portion of
219	219	the water charge or assessment set by the board for immediate
220	220	payment.
221	221	(c) If a [any] person applying for water from the district
222	222	does not furnish the statement of estimated acreage or does not pay
223	223	the part of the water charge or assessment set by the board before
224	224	the date for fixing the assessment, the district is not obligated to
225	225	furnish water to that person during that year.
226	226	SECTION 15. Section 55.352, Water Code, is amended to read
227	227	as follows:
228	228	Sec. 55.352. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
229	229	EXPENSES. The board, on or as soon as practicable after a date
230	230	fixed by standing order of the board, shall estimate the expenses of
231	231	maintaining and operating the district's water delivery
232	232	[irrigation] system for the next 12 months. The board may change
233	233	the 12-month period for which it estimates the expenses of
234	234	maintaining and operating the water delivery [irrigation] system by
235	235	estimating such expenses for a shorter period so as to adjust to a
236	236	new fixed date and thereafter estimating the expenses for 12-month
237	237	periods following the adjusted fixed date.
238	238	SECTION 16. Section 55.354, Water Code, is amended to read
239	239	as follows:
240	240	Sec. 55.354. DISTRIBUTION OF ASSESSMENT. (a) The board by
241	241	order shall allocate a portion [Not less than one-third nor more
242	242	than two-thirds] of the estimated maintenance and operating
243	243	expenses that shall be paid by assessment against all land in the
244	244	district to which the district can furnish irrigation water through
245	245	its water delivery [irrigation] system or through an extension of
246	246	its water delivery [irrigation] system. This assessment [The
247	247	assessments] shall be levied against all irrigable land in the
248	248	district on a per acre basis, whether or not the land is actually
249	249	irrigated.
250	250	(b) The board shall determine from year to year the
251	251	proportionate amount of the expenses which will be borne by all
252	252	water users receiving water delivery from the district [under this
253	253	subsection].
254	254	(c) [(b)] The remainder of the estimated expenses shall be
255	255	paid by assessments, charges, fees, rentals, or deposits required
256	256	of [against] persons in the district or under contracts with
257	257	persons who use or who make application to use water and other
258	258	charges approved by the board. The board shall prorate the
259	259	remainder [as equitably as possible] among the applicants for
260	260	irrigation water and may consider:
261	261	(1) the acreage each applicant will plant, the crop
262	262	the applicant [he] will grow, and the amount of water per acre used
263	263	for irrigation purposes; and
264	264	(2) other factors deemed appropriate by the board with
265	265	respect to water used for other nonirrigation uses [he will use].
266	266	(d) All persons using irrigation water to plant the same
267	267	crop will pay the same price per acre for the water.
268	268	(e) A landowner of irrigable land in the district or a user
269	269	of water delivered by the district for any purpose other than
270	270	irrigation who disputes all or a part of a board order that
271	271	determines the amount of an assessment, charge, fee, rental, or
272	272	deposit may file a petition under Section 11.041. That petition
273	273	filed with the commission is the sole remedy available to a
274	274	landowner or user of water described by this subsection.
275	275	SECTION 17. Section 55.355, Water Code, is amended to read
276	276	as follows:
277	277	Sec. 55.355. NOTICE OF ASSESSMENTS. (a) Public notice of
278	278	all assessments imposed under Section 55.354(a) shall be given by
279	279	posting printed notice [notices] of the assessment in at least one
280	280	[three] public place [places] in the district.
281	281	(b) Not later than the fifth day before the date on which the
282	282	assessment is due, notice [Printed notices] shall be mailed to each
283	283	landowner at the address which the landowner shall furnish to the
284	284	board.
285	285	(c) Notice [The notice shall be posted in a public place and
286	286	mailed to the landowner five days before the assessment is due, and
287	287	notice] of special assessments shall be given within 10 days after
288	288	the assessment is levied.
289	289	SECTION 18. Section 55.356, Water Code, is amended to read
290	290	as follows:
291	291	Sec. 55.356. PAYMENT OF ASSESSMENTS. (a) All assessments
292	292	imposed under Section 55.354(a) shall be paid in installments at
293	293	the times fixed by the board.
294	294	(b) If a crop for which water was furnished by the district
295	295	is harvested before the due date of any installment payment, the
296	296	entire unpaid assessment becomes due at once and shall be paid
297	297	within 10 days after the crop is harvested and before the crop is
298	298	removed from the county or counties in which it was grown.
299	299	SECTION 19. Section 55.357, Water Code, is amended to read
300	300	as follows:
301	301	Sec. 55.357. COLLECTION OF ASSESSMENTS BY TAX ASSESSOR AND
302	302	COLLECTOR. (a) Under the direction of the board, the assessor and
303	303	collector of taxes, or other person designated by the board, shall
304	304	collect all assessments imposed under Section 55.354(a) for
305	305	maintenance and operating expenses made under the provisions of
306	306	this subchapter.
307	307	(b) The assessor and collector of taxes shall give bond in
308	308	an amount determined by the board, conditioned upon the faithful
309	309	performance of the [his] duties of the assessor and collector and
310	310	accounting for all money collected.
311	311	(c) The assessor and collector of taxes shall keep an
312	312	account of all money collected and shall deposit the money as
313	313	collected in the district depository. The assessor and collector
314	314	[He] shall file with the secretary of the board a statement of all
315	315	money collected once each month [week].
316	316	(d) The assessor and collector [He] shall use duplicate
317	317	receipt books, give a receipt for each collection made, and retain
318	318	in the book a copy of each receipt, which shall be kept as a record
319	319	of the district.
320	320	SECTION 20. Section 55.358, Water Code, is amended to read
321	321	as follows:
322	322	Sec. 55.358. CONTRACTS WITH PERSON USING IRRIGATION WATER.
323	323	(a) The board may require each person who desires to use irrigation
324	324	water during the year to enter into a contract with the district
325	325	which states the acreage to be irrigated [watered], the crops to be
326	326	planted, the amount to be paid for the water, and the terms of
327	327	payment.
328	328	(b) The contract is not a waiver of the lien given to the
329	329	district under Section 55.359 [of this code] against the crops of a
330	330	person using irrigation water for the service furnished to the
331	331	person [him].
332	332	(c) If a person irrigates more acreage [land] than the
333	333	person's [his] contract specifies, the person [he] shall pay for
334	334	the additional service [under the provisions of this subchapter].
335	335	(d) The directors also may require a person using irrigation
336	336	water to execute a negotiable note or notes for all or part of the
337	337	amount owed under the contract.
338	338	SECTION 21. Section 55.359, Water Code, is amended by
339	339	amending Subsection (a) and adding Subsection (c) to read as
340	340	follows:
341	341	(a) The district shall have a first lien, superior to all
342	342	other liens, against all crops grown on a [each] tract of land in
343	343	the district to secure the payment of an assessment imposed against
344	344	the tract under Section 55.354(a) [the assessments], interest, and
345	345	collection or attorney's fees.
346	346	(c) If the crops against which the district has a lien under
347	347	this section are cultivated on a basis other than annual
348	348	replanting, the owner of the crops shall record with the county
349	349	clerk of the county where the land on which the crops are cultivated
350	350	is located a legally sufficient description of the land, including
351	351	a metes and bounds description or a plat reference.
352	352	SECTION 22. Section 55.360, Water Code, is amended to read
353	353	as follows:
354	354	Sec. 55.360. LIST OF DELINQUENT ASSESSMENTS. Assessments
355	355	imposed under Section 55.354(a) not paid when due shall become
356	356	delinquent on the first day of the month following the date payment
357	357	is due, and the board shall [post in a public place in the district a
358	358	list of all persons who are delinquent in paying their assessments
359	359	and shall] keep posted in a public place in the district a correct
360	360	list of all delinquent assessments. If a person who owes an
361	361	assessment has [persons who owe assessments have] executed a note
362	362	and contract [notes and contracts] as provided in Section 55.358,
363	363	the person may [of this code, they shall] not be placed on the
364	364	delinquent list until after the maturity of the note and contract
365	365	[notes and contracts].
366	366	SECTION 23. Section 55.361, Water Code, is amended to read
367	367	as follows:
368	368	Sec. 55.361. WATER SERVICE DISCONTINUED. (a) If a
369	369	landowner fails or refuses [shall fail or refuse] to pay any water
370	370	assessment or a person fails to pay a charge, fee, rental, deposit,
371	371	or penalty imposed under this chapter or Chapter 49 when due, the
372	372	landowner's or person's [his] water supply shall be cut off, and no
373	373	water shall be furnished to the land owned by the landowner or
374	374	rented by the person in the district until all back assessments or
375	375	other amounts owed to the district are fully paid. The
376	376	discontinuance of water service is binding on all persons who own or
377	377	acquire any interest in land, including a leasehold interest, for
378	378	which assessments or other amounts owed to the district are due.
379	379	(b) A landowner or person whose water service has been
380	380	discontinued under Subsection (a) may request that the board
381	381	reconsider the discontinuance related to a charge, fee, rental,
382	382	deposit, or penalty, and may not request that the board reconsider a
383	383	discontinuance related to an assessment. If the board declines to
384	384	reconsider the discontinuance, the landowner or person may file a
385	385	petition under Section 11.041. That petition filed with the
386	386	commission is the sole remedy available to a landowner or person
387	387	described by this subsection.
388	388	SECTION 24. Section 55.362, Water Code, is amended to read
389	389	as follows:
390	390	Sec. 55.362. SUITS FOR DELINQUENT ASSESSMENTS. Suits for
391	391	delinquent water assessments or other amounts owed to the district
392	392	under this subchapter may be brought either in the county in which
393	393	the irrigation district is located or in the county in which the
394	394	defendant resides. All persons who own or acquire an interest in
395	395	land for which an assessment is due [landowners] are personally
396	396	liable for all assessments imposed under Section 55.354(a)
397	397	[provided in this subchapter].
398	398	SECTION 25. Section 55.363, Water Code, is amended to read
399	399	as follows:
400	400	Sec. 55.363. INTEREST AND COLLECTION FEES. (a) All
401	401	assessments imposed under Section 55.354(a) shall bear interest
402	402	from the date payment is due at the rate of 15 percent a year.
403	403	Assessments not paid by the first day of the month following the
404	404	date payment is due are [shall become] delinquent, and a penalty of
405	405	up to 15 percent of the amount of the past-due assessment shall be
406	406	added to the amount due.
407	407	(b) If suit is filed to foreclose a lien on crops or if a
408	408	delinquent assessment or other amount owed to the district is
409	409	collected by an attorney before or after suit, an additional amount
410	410	of 15 percent on the unpaid assessment, penalty, and interest or
411	411	other amount owed to the district shall be added as collection or
412	412	attorney's fees.
413	413	SECTION 26. Section 58.301(a), Water Code, is amended to
414	414	read as follows:
415	415	(a) If required by the board, each [Each] person who desires
416	416	to receive irrigation water at any time during the year shall
417	417	furnish the secretary of the board a written statement of the
418	418	acreage the person [he] intends to irrigate and the different crops
419	419	the person [he] intends to plant with the acreage of each crop.
420	420	SECTION 27. Section 58.302, Water Code, is amended to read
421	421	as follows:
422	422	Sec. 58.302. CONTRACTS WITH PERSON USING IRRIGATION WATER.
423	423	(a) The board may require each person who desires to use irrigation
424	424	water during the year to enter into a contract with the district
425	425	which states the acreage to be irrigated [watered], the crops to be
426	426	planted, the amount to be paid for the water, and the terms of
427	427	payment.
428	428	(b) If a person irrigates more acreage [land] than the
429	429	person's [his] contract specifies, the person [he] shall pay for
430	430	the additional service.
431	431	(c) The directors also may require a person using irrigation
432	432	water to execute a negotiable note or notes for all or part of the
433	433	amount owed under the contract.
434	434	(d) The contract is not a waiver of the lien given to the
435	435	district under Section 58.309 [of this code] against the crops of a
436	436	person using irrigation water for the service furnished to the
437	437	person [him].
438	438	SECTION 28. Section 58.303, Water Code, is amended to read
439	439	as follows:
440	440	Sec. 58.303. AUTHORITY TO DETERMINE RULES AND REGULATIONS.
441	441	The board may adopt, alter, and rescind rules, and standing and
442	442	temporary orders which do not conflict with the provisions of this
443	443	subchapter and which govern:
444	444	(1) methods, terms, and conditions of water service;
445	445	(2) applications for water;
446	446	(3) assessments, charges, fees, rentals, or deposits
447	447	for maintenance and operation;
448	448	(4) payment and the enforcement of payment of the
449	449	assessments, charges, fees, rentals, or deposits;
450	450	(5) furnishing irrigation water to persons who did not
451	451	apply for it before the date of assessment if required; and
452	452	(6) furnishing water to persons who wish to take water
453	453	for irrigation in excess of their original applications or for use
454	454	on land not covered by their original applications if required.
455	455	SECTION 29. Section 58.304, Water Code, is amended to read
456	456	as follows:
457	457	Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
458	458	EXPENSES. The board, on or as soon as practicable after a date
459	459	fixed by standing order of the board, shall estimate the expenses of
460	460	maintaining and operating the district's water delivery
461	461	[irrigation] system for the next 12 months. The board may change
462	462	the 12-month period for which it estimates the expenses of
463	463	maintaining and operating the water delivery [irrigation] system by
464	464	estimating such expenses for a shorter period so as to adjust to a
465	465	new fixed date and thereafter estimating the expenses for 12-month
466	466	periods following the adjusted fixed date.
467	467	SECTION 30. Section 58.305, Water Code, is amended to read
468	468	as follows:
469	469	Sec. 58.305. DISTRIBUTION OF ASSESSMENT. (a) The board by
470	470	order shall allocate a portion [Not less than one-third nor more
471	471	than two-thirds] of the estimated maintenance and operating
472	472	expenses that shall be paid by assessment against all land in the
473	473	district to which the district can furnish irrigation water through
474	474	its water delivery [irrigation] system or through an extension of
475	475	its water delivery [irrigation] system. This assessment shall be
476	476	levied against all irrigable land in the district on a per acre
477	477	basis, whether or not the land is actually irrigated.
478	478	(b) [The assessments shall be levied against all irrigable
479	479	land in the district on a per acre basis, whether or not the land is
480	480	actually irrigated.] The board shall determine from year to year
481	481	the proportionate amount of the expenses which will be borne by all
482	482	water users receiving water delivery from the district.
483	483	(c) The remainder of the estimated expenses shall be paid by
484	484	charges, fees, rentals, or deposits required of [assessments
485	485	against] persons in the district or under contracts with persons
486	486	who use or who make application to use water and other charges
487	487	approved by the board. The board shall prorate the remainder [as
488	488	equitably as possible] among the applicants for irrigation water
489	489	and may consider:
490	490	(1) the acreage each applicant will plant, the crop
491	491	the applicant [he] will grow, and the amount of water per acre used
492	492	for irrigation purposes; and
493	493	(2) other factors deemed appropriate by the board with
494	494	respect to water used for other nonirrigation uses [he will use].
495	495	(d) A landowner of irrigable land in the district or a user
496	496	of water delivered by the district for any purpose other than
497	497	irrigation who disputes all or a part of a board order that
498	498	determines the amount of an assessment, charge, fee, rental, or
499	499	deposit may file a petition under Section 11.041. That petition
500	500	filed with the commission is the sole remedy available to a
501	501	landowner or user of water described by this subsection.
502	502	SECTION 31. Section 58.306, Water Code, is amended to read
503	503	as follows:
504	504	Sec. 58.306. NOTICE OF ASSESSMENTS. (a) Public notice of
505	505	all assessments imposed under Section 58.305(a) shall be given by
506	506	posting printed notice [notices] of the assessment in at least one
507	507	[three] public place [places] in the district.
508	508	(b) Not later than the fifth day before the date on which the
509	509	assessment is due, notice [Notice] shall be mailed to each
510	510	landowner at the address which the landowner shall furnish to the
511	511	board.
512	512	(c) Notice [The notice shall be posted in a public place and
513	513	mailed to each landowner five days before the assessment is due, and
514	514	notice] of special assessments shall be given within 10 days after
515	515	the assessment is levied.
516	516	SECTION 32. Section 58.307(a), Water Code, is amended to
517	517	read as follows:
518	518	(a) All assessments imposed under Section 58.305(a) shall
519	519	be paid in installments at the times fixed by the board.
520	520	SECTION 33. Sections 58.308(a), (b), and (c), Water Code,
521	521	are amended to read as follows:
522	522	(a) Under the direction of the board, the assessor and
523	523	collector, or other person designated by the board, shall collect
524	524	all assessments imposed under Section 58.305(a) for maintenance and
525	525	operating expenses.
526	526	(b) The assessor and collector shall execute a bond in an
527	527	amount determined by the board, conditioned on the faithful
528	528	performance of the [his] duties of the assessor and collector and
529	529	accounting for all money collected.
530	530	(c) The assessor and collector shall keep an account of all
531	531	money collected and shall deposit the money as collected in the
532	532	district depository. The assessor and collector [He] shall file
533	533	with the secretary of the board a statement of all money collected
534	534	once each month [week].
535	535	SECTION 34. Section 58.309, Water Code, is amended to read
536	536	as follows:
537	537	Sec. 58.309. LIEN AGAINST CROPS. (a) The district shall
538	538	have a first lien, superior to all other liens, against all crops
539	539	grown on a [each] tract of land in the district to secure the
540	540	payment of an [the] assessment imposed against the tract under
541	541	Section 58.305(a), interest, and collection or attorney's fees.
542	542	(b) If the crops against which the district has a lien under
543	543	this section are cultivated on a basis other than annual
544	544	replanting, the owner of the crops shall record with the county
545	545	clerk of the county where the land on which the crops are cultivated
546	546	is located a legally sufficient description of the land, including
547	547	a metes and bounds description or a plat reference.
548	548	SECTION 35. Section 58.310, Water Code, is amended to read
549	549	as follows:
550	550	Sec. 58.310. LIST OF DELINQUENT ASSESSMENTS. Assessments
551	551	imposed under Section 58.305(a) not paid when due shall become
552	552	delinquent on the first day of the month following the date payment
553	553	is due, and the board shall [post in a public place in the district a
554	554	list of all persons who are delinquent in paying their assessments
555	555	and shall] keep posted in a public place in the district a correct
556	556	list of all persons who are delinquent in paying assessments. If a
557	557	person who owes an assessment has executed a note and contract as
558	558	provided in Section 58.302, the person may [of this code, he shall]
559	559	not be placed on the delinquent list until after the maturity of the
560	560	note and contract.
561	561	SECTION 36. Section 58.311, Water Code, is amended to read
562	562	as follows:
563	563	Sec. 58.311. WATER SERVICE DISCONTINUED. (a) If a
564	564	landowner fails or refuses to pay a water assessment or a person
565	565	fails to pay a charge, fee, rental, deposit, or penalty imposed
566	566	under this chapter or Chapter 49 when due, the landowner's or
567	567	person's [his] water supply shall be cut off, and no water may be
568	568	furnished to the land owned by the landowner or rented by the person
569	569	in the district until all back assessments or other amounts owed to
570	570	the district are fully paid. The discontinuance of water service is
571	571	binding on all persons who own or acquire an interest in land,
572	572	including a leasehold interest, for which assessments or other
573	573	amounts owed to the district are due.
574	574	(b) A landowner or person whose water service has been
575	575	discontinued under Subsection (a) may request that the board
576	576	reconsider the discontinuance related to a charge, fee, rental,
577	577	deposit, or penalty, and may not request that the board reconsider a
578	578	discontinuance related to an assessment. If the board declines to
579	579	reconsider the discontinuance, the landowner or person may file a
580	580	petition under Section 11.041. That petition filed with the
581	581	commission is the sole remedy available to a landowner or person
582	582	described by this subsection.
583	583	SECTION 37. Section 58.312, Water Code, is amended to read
584	584	as follows:
585	585	Sec. 58.312. SUITS FOR DELINQUENT ASSESSMENTS. Suits for
586	586	delinquent water assessments or other amounts owed to the district
587	587	under this subchapter may be brought either in the county in which
588	588	the district is located or in the county in which the defendant
589	589	resides. All persons who own or acquire an interest in land for
590	590	which an assessment is due [landowners] are personally liable for
591	591	assessments imposed under Section 58.305(a) [provided in this
592	592	subchapter].
593	593	SECTION 38. Section 58.313, Water Code, is amended to read
594	594	as follows:
595	595	Sec. 58.313. INTEREST AND COLLECTION FEES. (a) All
596	596	assessments imposed under Section 58.305(a) shall bear interest
597	597	from the date payment is due at the rate of 15 percent a year.
598	598	Assessments not paid by the first day of the month following the
599	599	date payment is due are [shall become] delinquent, and a penalty of
600	600	up to 15 percent of the amount of the past-due assessment shall be
601	601	added to the amount due.
602	602	(b) If suit is filed to foreclose a lien on crops or if a
603	603	delinquent assessment or other amount owed to the district is
604	604	collected by an attorney before or after suit, an additional amount
605	605	of 15 percent on the unpaid assessment, penalty, and interest or
606	606	other amount owed to the district shall be added as collection or
607	607	attorney's fees.
608	608	SECTION 39. Section 58.137, Water Code, is repealed.
609	609	SECTION 40. A district whose fiscal year begins on a date
610	610	other than September 1 is not required to comply with the changes in
611	611	law made by this Act that apply to the district until the beginning
612	612	of the district's next fiscal year following the effective date of
613	613	this Act.
614	614	SECTION 41. This Act takes effect September 1, 2013.