Journal of the Senate of Texas: 83rd Legislature, Regular Session, Wednesday, May 8, 2013 Page: 1,603
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assessments. If a person who owes an assessment has [peFrein-who owe-ae&ncmentg
hive] executed a note and contract [rtes anid nracts] as provided in Section
55.358, the person may [of-thb -edz,-they-shal] not be placed on the delinquent list
until after the maturity of the note and contract [notes-and-contracts].
SECTION 23. Section 55.361, Water Code, is amended to read as follows:
Sec. 55.361. WATER SERVICE DISCONTINUED. (a) If a landowner fails or
refuses [shall-fail-r rcfti c] to pay any water assessment~or a person fails to pay a
charge, fee, rental, or deposit imposed under this chapter or Chapter 49 when due, the
landowner's or person's [his] water supply shall be cut off, and no water shall be
furnished to the land until all back assessments or other amounts owed to the district
are fully paid. The discontinuance of water service is binding on all persons who own
or acquire any interest in land for which assessments or other amounts owed to the
district are due.
(b) A landowner or person whose water service has been discontinued under
Subsection (a) may request that the board reconsider the discontinuance related to a
charge, fee, rental, deposit, or penalty, and may not request that the board reconsider a
discontinuance related to an assessment. If the board declines to reconsider the
discontinuance, the landowner or person may file a petition under Section 11.041.
That petition filed with the commission is the sole remedy available to a landowner or
person described by this subsection.
SECTION 24. Section 55.362, Water Code, is amended to read as follows:
Sec. 55.362. SUITS FOR DELINQUENT ASSESSMENTS. Suits for
delinquent water assessments or other amounts owed to the district under this
subchapter may be brought either in the county in which the irrigation district is
located or in the county in which the defendant resides. All landowners are personally
liable for all assessments imposed under Section 55.354(a) [prev-i4e4-4n-t4ie
subehalper].
SECTION 25. Section 55.363(a), Water Code, is amended to read as follows:
(a) All assessments imposed under Section 55.354(a) shall bear interest from the
date payment is due at the rate of 15 percent a year. Assessments not paid by the first
day of the month following the date payment is due are [sht-beeeome] delinquent,
and a penalty of up to 15 percent of the amount of the past-due assessment shall be
added to the amount due.
SECTION 26. Section 58.301(a), Water Code, is amended to read as follows:
(a) If required by the board, each [Eeeh] person who desires to receive irrigation
water at any time during the year shall furnish the secretary of the board a written
statement of the acreage the person [he] intends to irrigate and the different crops the
person [he] intends to plant with the acreage of each crop.
SECTION 27. Section 58.302, Water Code, is amended to read as follows:
Sec. 58.302. CONTRACTS WITH PERSON USING IRRIGATION WATER.
(a) The board may require each person who desires to use irrigation water during the
year to enter into a contract with the district which states the acreage to be irrigated
[w ete4], the crops to be planted, the amount to be paid for the water, and the terms
of payment.
(b) If a person irrigates more acreage [lei4] than the person's [his] contract
specifies, the person [he] shall pay for the additional service.Wednesday, May 8, 2013
SENATE JOURNAL
1603
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Texas. Legislature. Senate. Journal of the Senate of Texas: 83rd Legislature, Regular Session, Wednesday, May 8, 2013, legislative document, May 8, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth641149/m1/21/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.