Texas 2009 - 81st Regular

Texas Senate Bill SB2321 Compare Versions

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1	1	By: Averitt S.B. No. 2321
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Natural Resources;
4	4	April 15, 2009, reported favorably by the following vote: Yeas 9,
5	5	Nays 0; April 15, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the management of groundwater resources in the state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (c), Section 35.009, Water Code, is
13	13	amended to read as follows:
14	14	(c) The commission shall also give written notice of the
15	15	date, time, place, and purpose of the hearing to each state senator
16	16	and state representative who represents any part of the area
17	17	proposed for designation as a priority groundwater management area
18	18	and the governing body of each county, regional water planning
19	19	group, adjacent groundwater district, municipality, river
20	20	authority, water district, or other entity which supplies public
21	21	drinking water, including each holder of a certificate of
22	22	convenience and necessity issued by the commission, and of each
23	23	irrigation district, located either in whole or in part in the
24	24	priority groundwater management area or proposed priority
25	25	groundwater management area. The notice must be given before the
26	26	30th day preceding the date set for the hearing.
27	27	SECTION 2. Section 36.051, Water Code, is amended by
28	28	amending Subsection (c) and adding Subsection (e) to read as
29	29	follows:
30	30	(c) Vacancies in the office of director shall be filled by
31	31	appointment of the board. If the vacant office is not scheduled for
32	32	election for longer than two years at the time of the appointment,
33	33	the board shall order an election for the unexpired term to be held
34	34	as part of the next regularly scheduled director's election. The
35	35	appointed director's term shall end on qualification of the
36	36	director elected at that election. Vacancies in the office of
37	37	director are subject to Subchapter B, Chapter 201, Election Code.
38	38	(e) The resignation of a director or a director-elect's
39	39	declination is subject to Subchapter A, Chapter 201, Election Code.
40	40	SECTION 3. Section 36.058, Water Code, is amended to read as
41	41	follows:
42	42	Sec. 36.058. CONFLICTS OF INTEREST. A director of a
43	43	district is subject to the provisions of Chapters [Chapter] 171 and
44	44	176, Local Government Code, relating to the regulation of conflicts
45	45	of officers of local governments.
46	46	SECTION 4. Section 36.111, Water Code, is amended by adding
47	47	Subsection (c) to read as follows:
48	48	(c) A district by rule may establish that the records and
49	49	reports required by the Texas Department of Licensing and
50	50	Regulation under its rules or Chapter 1901, Occupations Code,
51	51	satisfy the requirements of this section.
52	52	SECTION 5. Section 36.112, Water Code, is amended to read as
53	53	follows:
54	54	Sec. 36.112. DRILLERS' LOGS. A district shall require that
55	55	accurate drillers' logs be kept of water wells and that copies of
56	56	drillers' logs and electric logs be filed with the district. A
57	57	district by rule may establish that the drillers' logs required by
58	58	the Texas Department of Licensing and Regulation under its rules or
59	59	Chapter 1901, Occupations Code, satisfy the requirements of this
60	60	section.
61	61	SECTION 6. Subsection (b), Section 36.117, Water Code, is
62	62	amended to read as follows:
63	63	(b) A district may not require any permit issued by the
64	64	district for:
65	65	(1) a well used solely for domestic use or for
66	66	providing water for livestock or poultry on a tract of land larger
67	67	than 10 acres that is either drilled, completed, or equipped so that
68	68	it is incapable of producing more than 25,000 gallons of
69	69	groundwater a day;
70	70	(2) the drilling of a water well used solely to supply
71	71	water for a rig that is actively engaged in drilling or exploration
72	72	operations for an oil or gas well permitted by the Railroad
73	73	Commission of Texas provided that the person holding the permit is
74	74	responsible for drilling and operating the water well and the well
75	75	is located on the same lease or field associated with the drilling
76	76	rig; [or]
77	77	(3) the drilling of a water well authorized under a
78	78	permit issued by the Railroad Commission of Texas under Chapter
79	79	134, Natural Resources Code, or for production from such a well to
80	80	the extent the withdrawals are required for mining activities
81	81	regardless of any subsequent use of the water; or
82	82	(4) a monitoring well, as defined by Section 1901.001,
83	83	Occupations Code.
84	84	SECTION 7. Subsection (a), Section 36.157, Water Code, is
85	85	amended to read as follows:
86	86	(a) A district may pay all costs and expenses necessarily
87	87	incurred in the creation and organization of a district, including
88	88	legal fees and other incidental expenses, and may reimburse any
89	89	person or governmental entity, including a county, for money
90	90	advanced for these purposes.
91	91	SECTION 8. This Act takes effect September 1, 2009.
92	92	* * * * *