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A BILL TO BE ENTITLED
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AN ACT
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relating to the plugging or capping of abandoned, deteriorated, |
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open, or uncovered water wells in the Bandera County River |
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Authority and Groundwater District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 654, Acts of the 71st Legislature, |
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Regular Session, 1989, is amended by adding Section 6A to read as |
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follows: |
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Sec. 6A. ABANDONED, DETERIORATED, OPEN, OR UNCOVERED WATER |
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WELLS. (a) In this section: |
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(1) "Abandoned well" and "deteriorated well" have the |
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meanings assigned by Section 1901.255, Occupations Code. |
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(2) "Open or uncovered well" has the meaning assigned |
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by Section 36.118, Water Code. |
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(b) The district may enter into a contract with a licensed |
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water well driller to or a district employee may: |
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(1) cap an open, uncovered, or abandoned well; or |
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(2) plug and permanently close a deteriorated well. |
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(c) A district employee may plug a well under Subsection (b) |
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only if the employee has received training in the proper method of |
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plugging a well located in a karst topographic area. |
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(d) The district may require the owner or lessee of land on |
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which an open or uncovered well is located to keep the well |
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permanently closed or capped as provided by Section 36.118, Water |
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Code. |
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(e) The district may use any money available to the |
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district, including money from grants, fees, or tax revenues, to |
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pay reasonable expenses incurred by the district in plugging or |
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capping wells on land in the district under this section of this |
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Act. The reasonable expenses constitute a lien on the land on which |
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the well is located in accordance with Section 36.118(e), Water |
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Code. |
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(f) The district may enforce this section against any person |
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by injunction, mandatory injunction, or other appropriate remedy in |
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a court of competent jurisdiction as provided by Section 36.102, |
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Water Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |