| 1 | 1 | | 88R13356 MP-D |
|---|
| 2 | 2 | | By: Muñoz, Jr. H.B. No. 2830 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to nonirrigable land in irrigation districts. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 58.305, Water Code, is amended by |
|---|
| 10 | 10 | | amending Subsection (a) and adding Subsection (a-1) to read as |
|---|
| 11 | 11 | | follows: |
|---|
| 12 | 12 | | (a) The board by order shall allocate a portion of the |
|---|
| 13 | 13 | | estimated maintenance and operating expenses that shall be paid by |
|---|
| 14 | 14 | | assessment against all land in the district to which the district |
|---|
| 15 | 15 | | can furnish irrigation water through its water delivery system or |
|---|
| 16 | 16 | | through an extension of its water delivery system. This assessment |
|---|
| 17 | 17 | | shall be levied against all irrigable land in the district on a per |
|---|
| 18 | 18 | | acre basis, whether or not the land is actually irrigated, except as |
|---|
| 19 | 19 | | provided by Subsection (a-1). |
|---|
| 20 | 20 | | (a-1) An assessment under this section may not be levied |
|---|
| 21 | 21 | | against land that is not being irrigated because: |
|---|
| 22 | 22 | | (1) the land is not irrigable; |
|---|
| 23 | 23 | | (2) the owners of a majority of the acreage of the land |
|---|
| 24 | 24 | | no longer intend to irrigate the land; |
|---|
| 25 | 25 | | (3) the land has been subdivided into town lots, town |
|---|
| 26 | 26 | | lots and blocks, or small parcels having the same general nature of |
|---|
| 27 | 27 | | town lots, including lots and blocks designed, intended, or |
|---|
| 28 | 28 | | suitable for a residential, commercial, or other nonagricultural |
|---|
| 29 | 29 | | purpose; or |
|---|
| 30 | 30 | | (4) the land is located on subdivided land and is: |
|---|
| 31 | 31 | | (A) designated as a street, alley, parkway, or |
|---|
| 32 | 32 | | park; or |
|---|
| 33 | 33 | | (B) a railroad property or right-of-way. |
|---|
| 34 | 34 | | SECTION 2. Section 58.731, Water Code, is amended to read as |
|---|
| 35 | 35 | | follows: |
|---|
| 36 | 36 | | Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The |
|---|
| 37 | 37 | | board shall [may] exclude from the district land that is not being |
|---|
| 38 | 38 | | irrigated as provided by Sections 51.759 through 51.766. This |
|---|
| 39 | 39 | | section applies only to land that is eligible for exclusion under |
|---|
| 40 | 40 | | Section 51.759. |
|---|
| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|