| 1 | | - | By: Burns, et al. (Senate Sponsor - Perry) H.B. No. 4112 |
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| 2 | | - | (In the Senate - Received from the House May 11, 2015; |
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| 3 | | - | May 12, 2015, read first time and referred to Committee on |
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| 4 | | - | Agriculture, Water, and Rural Affairs; May 19, 2015, reported |
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| 5 | | - | favorably by the following vote: Yeas 6, Nays 0; May 19, 2015, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 4112 |
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| 11 | 4 | | AN ACT |
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| 12 | 5 | | relating to the rights of an owner of groundwater. |
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| 13 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 7 | | SECTION 1. Section 36.002, Water Code, is amended by |
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| 15 | 8 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 16 | 9 | | follows: |
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| 17 | 10 | | (b) The groundwater ownership and rights described by this |
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| 18 | 11 | | section[: |
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| 19 | 12 | | [(1)] entitle the landowner, including a landowner's |
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| 20 | 13 | | lessees, heirs, or assigns, to: |
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| 21 | 14 | | (1) drill for and produce the groundwater below the |
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| 22 | 15 | | surface of real property, subject to Subsection (d), without |
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| 23 | 16 | | causing waste or malicious drainage of other property or |
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| 24 | 17 | | negligently causing subsidence; and |
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| 25 | 18 | | (2) have any other right recognized under common law. |
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| 26 | 19 | | (b-1) The groundwater ownership and rights described by |
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| 27 | 20 | | this section do [, but does] not: |
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| 28 | 21 | | (1) entitle a landowner, including a landowner's |
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| 29 | 22 | | lessees, heirs, or assigns, to the right to capture a specific |
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| 30 | 23 | | amount of groundwater below the surface of that landowner's land; |
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| 31 | 24 | | or [and] |
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| 32 | 25 | | (2) [do not] affect the existence of common law |
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| 33 | 26 | | defenses or other defenses to liability under the rule of capture. |
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| 34 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 31 | | Act takes effect September 1, 2015. |
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| 39 | | - | * * * * * |
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| 32 | + | ______________________________ ______________________________ |
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| 33 | + | President of the Senate Speaker of the House |
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| 34 | + | I certify that H.B. No. 4112 was passed by the House on May 8, |
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| 35 | + | 2015, by the following vote: Yeas 132, Nays 1, 3 present, not |
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| 36 | + | voting. |
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| 37 | + | ______________________________ |
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| 38 | + | Chief Clerk of the House |
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| 39 | + | I certify that H.B. No. 4112 was passed by the Senate on May |
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| 40 | + | 23, 2015, by the following vote: Yeas 31, Nays 0. |
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| 41 | + | ______________________________ |
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| 42 | + | Secretary of the Senate |
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| 43 | + | APPROVED: _____________________ |
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| 44 | + | Date |
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| 45 | + | _____________________ |
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| 46 | + | Governor |
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