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