| 1 | 1 | | 85R14324 AAF-F |
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| 2 | 2 | | By: Murr H.B. No. 3839 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the plugging or capping of abandoned, deteriorated, |
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| 8 | 8 | | open, or uncovered water wells in the Bandera County River |
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| 9 | 9 | | Authority and Groundwater District. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 654, Acts of the 71st Legislature, |
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| 12 | 12 | | Regular Session, 1989, is amended by adding Section 6A to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 6A. ABANDONED, DETERIORATED, OPEN, OR UNCOVERED WATER |
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| 15 | 15 | | WELLS. (a) In this section: |
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| 16 | 16 | | (1) "Abandoned well" and "deteriorated well" have the |
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| 17 | 17 | | meanings assigned by Section 1901.255, Occupations Code. |
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| 18 | 18 | | (2) "Open or uncovered well" has the meaning assigned |
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| 19 | 19 | | by Section 36.118, Water Code. |
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| 20 | 20 | | (b) The district may enter into a contract with a licensed |
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| 21 | 21 | | water well driller to or a district employee may: |
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| 22 | 22 | | (1) cap an open, uncovered, or abandoned well; or |
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| 23 | 23 | | (2) plug and permanently close a deteriorated well. |
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| 24 | 24 | | (c) A district employee may plug a well under Subsection (b) |
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| 25 | 25 | | only if the employee has received training in the proper method of |
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| 26 | 26 | | plugging a well located in a karst topographic area. |
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| 27 | 27 | | (d) The district may require the owner or lessee of land on |
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| 28 | 28 | | which an open or uncovered well is located to keep the well |
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| 29 | 29 | | permanently closed or capped as provided by Section 36.118, Water |
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| 30 | 30 | | Code. |
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| 31 | 31 | | (e) The district may use any money available to the |
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| 32 | 32 | | district, including money from grants, fees, or tax revenues, to |
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| 33 | 33 | | pay reasonable expenses incurred by the district in plugging or |
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| 34 | 34 | | capping wells on land in the district under this section of this |
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| 35 | 35 | | Act. The reasonable expenses constitute a lien on the land on which |
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| 36 | 36 | | the well is located in accordance with Section 36.118(e), Water |
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| 37 | 37 | | Code. |
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| 38 | 38 | | (f) The district may enforce this section against any person |
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| 39 | 39 | | by injunction, mandatory injunction, or other appropriate remedy in |
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| 40 | 40 | | a court of competent jurisdiction as provided by Section 36.102, |
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| 41 | 41 | | Water Code. |
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| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2017. |
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