By: Burns H.B. No. 4112
A BILL TO BE ENTITLED
AN ACT
relating to the rights of an owner of groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.002, Water Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The groundwater ownership and rights described by this
section[:
[(1)] 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) any other right recognized under common law,
including the right to produce or save a fair share of the
groundwater described in Subsection(a).
(b-1) The groundwater ownership and rights described by
this section do [, but does] 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 [and]
(2) [do not] affect the existence of common law
defenses or other defenses to liability under the rule of capture.
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, 2015.