Bill Text: TX SB1936 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the recovery of damages resulting from an emergency transfer of water authorized by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-25 - Referred to Agriculture, Water, & Rural Affairs [SB1936 Detail]
Download: Texas-2015-SB1936-Introduced.html
2015S0446-1 03/10/15 | ||
By: Kolkhorst | S.B. No. 1936 |
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relating to the recovery of damages resulting from an emergency | ||
transfer of water authorized by the Texas Commission on | ||
Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.139, Water Code, is amended by | ||
amending Subsection (j) and adding Subsection (j-1) to read as | ||
follows: | ||
(j) The person granted an emergency authorization under | ||
Subsection (h) [ |
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owner's agent or lessee from whom the use is transferred for the | ||
fair market value of the water transferred as well as for any | ||
damages caused by the transfer of use. If [ |
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amount due, or if full payment is not made, either party may [ |
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in a district court in the county where the owner from whom the use | ||
is transferred resides or has its headquarters. An owner from whom | ||
the use is transferred may file suit to recover the amount due in a | ||
district court in the county where the owner resides or has its | ||
headquarters. The prevailing party in a suit filed under this | ||
subsection is entitled to recover court costs and reasonable | ||
attorney's fees. | ||
(j-1) Subsection (j) applies to an owner from whom the use | ||
is transferred under Subsection (h) regardless of whether the | ||
owner's water right is subject to interruption or curtailment | ||
during a period of drought. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an application for an emergency authorization or renewal of an | ||
emergency authorization that is submitted to the Texas Commission | ||
on Environmental Quality on or after the effective date of this Act. | ||
An application for an emergency authorization or renewal of an | ||
emergency authorization that is submitted to the commission before | ||
the effective date of this Act is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |