By: Seliger S.B. No. 756
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the transport of surface water or
groundwater more than a specified distance from the water's source;
providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.013(a), Water Code, is amended to read
as follows:
(a) The commission has general jurisdiction over:
(1) water and water rights including the issuance of
water rights permits, water rights adjudication, cancellation of
water rights, [and] enforcement of water rights, and the transport
of surface water or groundwater;
(2) continuing supervision over districts created
under Article III, Sections 52(b)(1) and (2), and Article XVI,
Section 59, of the Texas Constitution;
(3) the state's water quality program including
issuance of permits, enforcement of water quality rules, standards,
orders, and permits, and water quality planning;
(4) the determination of the feasibility of certain
federal projects;
(5) the adoption and enforcement of rules and
performance of other acts relating to the safe construction,
maintenance, and removal of dams;
(6) conduct of the state's hazardous spill prevention
and control program;
(7) the administration of the state's program relating
to inactive hazardous substance, pollutant, and contaminant
disposal facilities;
(8) the administration of a portion of the state's
injection well program;
(9) the administration of the state's programs
involving underground water and water wells and drilled and mined
shafts;
(10) the state's responsibilities relating to regional
waste disposal;
(11) the responsibilities assigned to the commission
by Chapters 361, 363, 382, and 401, Health and Safety Code;
(12) administration of the state's water rate program
under Chapter 13 of this code; and
(13) any other areas assigned to the commission by
this code and other laws of this state.
SECTION 2. Section 7.051(b), Water Code, is amended to read
as follows:
(b) Except as provided by this subsection, this [This]
subchapter does not apply to violations of chapter 11, 12, 13, 16,
or 36 of this code, or Chapter 341, Health and Safety Code. This
subchapter applies to a violation of Section 12.018 of this code.
SECTION 3. Subchapter B, Chapter 12, Water Code, is amended
by adding Section 12.018 to read as follows:
Sec. 12.018. TRANSPORT OF SURFACE WATER OR GROUNDWATER.
(a) A person may not transport surface water or groundwater more
than 75 miles from the water's source.
(b) The commission may assess an administrative penalty as
provided by Section 7.051 against a person who violates this
section.
SECTION 4. (a) The changes in law made by this Act apply
only to a violation that occurs on or after the effective date of
this Act. For purposes of this section, a violation occurs before
the effective date of this Act if any element of the violation
occurs before that date.
(b) A violation that occurs before the effective date of
this Act is governed by the law in effect on the date of the
violation, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2011.