By: Seliger S.B. No. 728
(Price)
A BILL TO BE ENTITLED
AN ACT
relating to a groundwater conservation district's recovery of
expenses in closing or capping a well.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.118, Water Code, is amended by adding
Subsections (e-1) and (e-2) to read as follows:
(e-1) Except as provided by Subsection (e-2), in addition to
other remedies provided by law, the district is entitled to recover
the district's attorney's fees, court costs, and reasonable
expenses incurred in closing or capping the well from the owner of
the land on which the well is located.
(e-2) An entity that drills a well to develop subsurface
resources not owned by the landowner is liable for expenses
incurred in closing or capping the well, unless the landowner
assumes responsibility for the well.
SECTION 2. This Act takes effect September 1, 2011.