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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to nonirrigable land in irrigation districts. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 58.305, Water Code, is amended by |
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| 9 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 10 | 12 | | follows: |
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| 11 | 13 | | (a) The board by order shall allocate a portion of the |
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| 12 | 14 | | estimated maintenance and operating expenses that shall be paid by |
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| 13 | 15 | | assessment against all land in the district to which the district |
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| 14 | 16 | | can furnish irrigation water through its water delivery system or |
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| 15 | 17 | | through an extension of its water delivery system. This assessment |
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| 16 | 18 | | shall be levied against all irrigable land in the district on a per |
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| 17 | 19 | | acre basis, whether or not the land is actually irrigated, except as |
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| 18 | 20 | | provided by Subsection (a-1). |
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| 19 | 21 | | (a-1) An assessment under this section may not be levied |
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| 20 | 22 | | against land that is not being irrigated because: |
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| 21 | 23 | | (1) the land is not irrigable; |
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| 22 | 24 | | (2) the owners of a majority of the acreage of the land |
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| 23 | 25 | | no longer intend to irrigate the land; |
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| 24 | 26 | | (3) the land has been subdivided into town lots, town |
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| 25 | 27 | | lots and blocks, or small parcels having the same general nature of |
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| 26 | 28 | | town lots, including lots and blocks designed, intended, or |
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| 27 | 29 | | suitable for a residential, commercial, or other nonagricultural |
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| 28 | 30 | | purpose; or |
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| 29 | 31 | | (4) the land is located on subdivided land and is: |
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| 30 | 32 | | (A) designated as a street, alley, parkway, or |
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| 31 | 33 | | park; or |
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| 32 | 34 | | (B) a railroad property or right-of-way. |
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| 33 | 35 | | SECTION 2. Section 58.731, Water Code, is amended to read as |
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| 34 | 36 | | follows: |
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| 35 | 37 | | Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The |
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| 36 | 38 | | board shall [may] exclude from the district land that is not being |
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| 37 | 39 | | irrigated as provided by Sections 51.759 through 51.766. This |
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| 38 | 40 | | section applies only to land that is eligible for exclusion under |
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| 39 | 41 | | Section 51.759. |
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| 40 | 42 | | SECTION 3. This Act takes effect September 1, 2025. |
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