By: Craddick (Senate Sponsor - Seliger) H.B. No. 3109
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Natural
Resources; May 20, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3109 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the rulemaking power of certain groundwater
conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.121, Water Code, is amended to read as
follows:
Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
36.117, a district that is created under this chapter on or after
September 1, 1991, shall exempt from regulation under this chapter
a well and any water produced or to be produced by a well that is
located in a county that has a population of 14,000 or less if the
water is to be used solely to supply a municipality that has a
population of 121,000 or less but greater than 100,000 and the
rights to the water produced from the well are owned by a political
subdivision that is not a municipality, or by a municipality that
has a population of 115,000 [100,000] or less but greater than
100,000, and that purchased, owned, or held rights to the water
before the date on which the district was created, regardless of the
date the well is drilled or the water is produced. The district may
not prohibit the political subdivision or municipality from
transporting produced water inside or outside the district's
boundaries.
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, 2011.
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