Bill Text: TX HB3839 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the plugging or capping of abandoned, deteriorated, open, or uncovered water wells in the Bandera County River Authority and Groundwater District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Natural Resources [HB3839 Detail]
Download: Texas-2017-HB3839-Introduced.html
| 85R14324 AAF-F | ||
| By: Murr | H.B. No. 3839 | |
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| relating to the plugging or capping of abandoned, deteriorated, | ||
| open, or uncovered water wells in the Bandera County River | ||
| Authority and Groundwater District. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 654, Acts of the 71st Legislature, | ||
| Regular Session, 1989, is amended by adding Section 6A to read as | ||
| follows: | ||
| Sec. 6A. ABANDONED, DETERIORATED, OPEN, OR UNCOVERED WATER | ||
| WELLS. (a) In this section: | ||
| (1) "Abandoned well" and "deteriorated well" have the | ||
| meanings assigned by Section 1901.255, Occupations Code. | ||
| (2) "Open or uncovered well" has the meaning assigned | ||
| by Section 36.118, Water Code. | ||
| (b) The district may enter into a contract with a licensed | ||
| water well driller to or a district employee may: | ||
| (1) cap an open, uncovered, or abandoned well; or | ||
| (2) plug and permanently close a deteriorated well. | ||
| (c) A district employee may plug a well under Subsection (b) | ||
| only if the employee has received training in the proper method of | ||
| plugging a well located in a karst topographic area. | ||
| (d) The district may require the owner or lessee of land on | ||
| which an open or uncovered well is located to keep the well | ||
| permanently closed or capped as provided by Section 36.118, Water | ||
| Code. | ||
| (e) The district may use any money available to the | ||
| district, including money from grants, fees, or tax revenues, to | ||
| pay reasonable expenses incurred by the district in plugging or | ||
| capping wells on land in the district under this section of this | ||
| Act. The reasonable expenses constitute a lien on the land on which | ||
| the well is located in accordance with Section 36.118(e), Water | ||
| Code. | ||
| (f) The district may enforce this section against any person | ||
| by injunction, mandatory injunction, or other appropriate remedy in | ||
| a court of competent jurisdiction as provided by Section 36.102, | ||
| Water Code. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
