By: Muñoz H.B. No. 4951
A BILL TO BE ENTITLED
AN ACT
relating to nonirrigable land in irrigation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.305, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board by order shall allocate a portion of the
estimated maintenance and operating expenses that shall be paid by
assessment against all land in the district to which the district
can furnish irrigation water through its water delivery system or
through an extension of its water delivery system. This assessment
shall be levied against all irrigable land in the district on a per
acre basis, whether or not the land is actually irrigated, except as
provided by Subsection (a-1).
(a-1) An assessment under this section may not be levied
against land that is not being irrigated because:
(1) the land is not irrigable;
(2) the owners of a majority of the acreage of the land
no longer intend to irrigate the land;
(3) the land has been subdivided into town lots, town
lots and blocks, or small parcels having the same general nature of
town lots, including lots and blocks designed, intended, or
suitable for a residential, commercial, or other nonagricultural
purpose; or
(4) the land is located on subdivided land and is:
(A) designated as a street, alley, parkway, or
park; or
(B) a railroad property or right-of-way.
SECTION 2. Section 58.731, Water Code, is amended to read as
follows:
Sec. 58.731. EXCLUSION OF CERTAIN NONIRRIGATED LAND. The
board shall [may] exclude from the district land that is not being
irrigated as provided by Sections 51.759 through 51.766. This
section applies only to land that is eligible for exclusion under
Section 51.759.
SECTION 3. This Act takes effect September 1, 2025.