Texas 2015 84th Regular

Texas House Bill HB4112 Engrossed / Analysis

Filed 02/02/2025

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                    BILL ANALYSIS        Senate Research Center   H.B. 4112     84R24829 GRM-F   By: Burns; Cyrier (Perry)         Agriculture, Water & Rural Affairs         5/14/2015         Engrossed    

BILL ANALYSIS

 

 

Senate Research Center H.B. 4112
84R24829 GRM-F By: Burns; Cyrier (Perry)
 Agriculture, Water & Rural Affairs
 5/14/2015
 Engrossed

Senate Research Center

H.B. 4112

84R24829 GRM-F

By: Burns; Cyrier (Perry)

 

Agriculture, Water & Rural Affairs

 

5/14/2015

 

Engrossed

       AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Interested parties note that recent legislation amended the statute relating to the groundwater ownership and rights established by common law and provided a more detailed description of the groundwater ownership and rights that the legislature believed the courts had established for landowners. The parties note, however, that in a recent court case a court established a private property right that is not referenced in the statute, and the parties contend that the statute must be amended to recognize any common law right the courts establish for groundwater. H.B. 4112 seeks to address this issue.    H.B. 4112 amends the Water Code to establish that the groundwater ownership and rights recognized by the legislature entitle a landowner, including a landowner's lessees, heirs, or assigns, to have any right recognized under common law and not just the right to drill for and produce the groundwater below the surface of real property without causing waste or malicious drainage of other property or negligently causing subsidence.   H.B. 4112 amends current law relating to the rights of an owner of groundwater.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1.  Amends Section 36.002, Water Code, by amending Subsection (b) and adding Subsection (b-1), as follows:   (b)  Provides that the groundwater ownership and rights described by this section entitle the landowner, including a landowner's lessees, heirs, or assigns, to:   (1)  drill for and produce the groundwater below the surface of real property, subject to Subsection (d), without causing waste or malicious drainage of other property or negligently causing subsidence; and   (2)  have any other right recognized under common law.   Makes nonsubstantive changes.   (b-1)  Provides that the groundwater ownership and rights described by this section do not:   (1)  entitle a landowner, including a landowner's lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of that landowner's land; or   (2)  affect the existence of common law defenses or other defenses to liability under the rule of capture.   Makes nonsubstantive changes.    SECTION 2.  Effective date: upon passage or September 1, 2015. 

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties note that recent legislation amended the statute relating to the groundwater ownership and rights established by common law and provided a more detailed description of the groundwater ownership and rights that the legislature believed the courts had established for landowners. The parties note, however, that in a recent court case a court established a private property right that is not referenced in the statute, and the parties contend that the statute must be amended to recognize any common law right the courts establish for groundwater. H.B. 4112 seeks to address this issue. 

 

H.B. 4112 amends the Water Code to establish that the groundwater ownership and rights recognized by the legislature entitle a landowner, including a landowner's lessees, heirs, or assigns, to have any right recognized under common law and not just the right to drill for and produce the groundwater below the surface of real property without causing waste or malicious drainage of other property or negligently causing subsidence.

 

H.B. 4112 amends current law relating to the rights of an owner of groundwater.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 36.002, Water Code, by amending Subsection (b) and adding Subsection (b-1), as follows:

 

(b)  Provides that the groundwater ownership and rights described by this section entitle the landowner, including a landowner's lessees, heirs, or assigns, to:

 

(1)  drill for and produce the groundwater below the surface of real property, subject to Subsection (d), without causing waste or malicious drainage of other property or negligently causing subsidence; and

 

(2)  have any other right recognized under common law.

 

Makes nonsubstantive changes.

 

(b-1)  Provides that the groundwater ownership and rights described by this section do not:

 

(1)  entitle a landowner, including a landowner's lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of that landowner's land; or

 

(2)  affect the existence of common law defenses or other defenses to liability under the rule of capture.

 

Makes nonsubstantive changes. 

 

SECTION 2.  Effective date: upon passage or September 1, 2015.