Texas 2019 - 86th Regular

Texas Senate Bill SB2026 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 2026
	2	+	(In the Senate - Filed March 7, 2019; March 21, 2019, read
	3	+	first time and referred to Committee on Water & Rural Affairs;
	4	+	April 24, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 4, Nays 3; April 24, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2026 By: Perry
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to regulation of the production of retail public utility
7	14		wells by a groundwater conservation district.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 36.002(d), Water Code, is amended to
10	17		read as follows:
11	18		(d) This section does not:
12	19		(1) prohibit a district from limiting or prohibiting
13	20		the drilling of a well by a landowner for failure or inability to
14	21		comply with minimum well spacing or tract size requirements adopted
15	22		by the district;
16	23		(2) affect the ability of a district to regulate
17	24		groundwater production as authorized under Section 36.113, 36.116,
18	25		36.1161, or 36.122 or otherwise under this chapter or a special law
19	26		governing a district; or
20	27		(3) require that a rule adopted by a district allocate
21	28		to each landowner a proportionate share of available groundwater
22	29		for production from the aquifer based on the number of acres owned
23	30		by the landowner.
24	31		SECTION 2. Subchapter D, Chapter 36, Water Code, is amended
25	32		by adding Section 36.1161 to read as follows:
26	33		Sec. 36.1161. REGULATION OF PRODUCTION BY RETAIL PUBLIC
27	34		UTILITIES. (a) In this section, "retail public utility" has the
28	35		meaning assigned by Section 13.002.
29	36		(b) This section applies only to a district that regulates
30	37		production under Section 36.116 based on tract size or acreage.
31	38		(c) A retail public utility may petition a district to
32	39		authorize the retail public utility to produce groundwater based
33	40		on:
34	41		(1) the aggregate acreage owned or leased by the
35	42		retail public utility; and
36	43		(2) the acreage of the landowners served by the retail
37	44		public utility as provided by Subsection (d).
38	45		(d) A district may only base a retail public utility's
39	46		authorized production amount under this section in a manner
40	47		consistent with district rules and based on acreage of landowners
41	48		served by the retail public utility if:
42	49		(1) the utility has acquired from the landowner a real
43	50		property interest in the groundwater beneath the land; or
44	51		(2) the landowner has provided written permission for
45	52		the retail public utility to exercise the landowner's real property
46	53		interest in the groundwater beneath the landowner's land until the
47	54		landowner:
48	55		(A) drills a well and produces water from the
49	56		land; or
50	57		(B) transfers title to the land or real property
51	58		interest in the groundwater to another person.
52	59		(e) The district shall hold a public hearing to consider
53	60		approval of a petition submitted under this section. The district
54	61		shall require the retail public utility submitting the petition to
55	62		provide written notice of the hearing not later than the 60th day
56	63		before the date of the hearing to:
57	64		(1) the landowners served by the retail public
58	65		utility;
59	66		(2) persons with permitted or registered wells in the
60	67		district; and
61	68		(3) persons not described by Subdivision (1) or (2)
62	69		who have a property interest in groundwater under land that is
63	70		within one mile of the utility's wells in the district.
64	71		(f) The district shall consider a petition at a hearing
65	72		under this section in the same manner as a rulemaking hearing under
66	73		Section 36.101.
67	74		SECTION 3. Section 36.414(a), Water Code, is amended to
68	75		read as follows:
69	76		(a) Except as provided by Subsection (b), a district shall
70	77		process applications from a single applicant under consolidated
71	78		notice and hearing procedures on written request by the applicant
72	79		if the district requires a separate permit or permit amendment
73	80		application for:
74	81		(1) drilling, equipping, operating, or completing a
75	82		well or substantially altering the size of a well or well pump under
76	83		Section 36.113;
77	84		(2) the spacing of water wells or the production of
78	85		groundwater under Section 36.116 or 36.1161; or
79	86		(3) transferring groundwater out of a district under
80	87		Section 36.122.
81	88		SECTION 4. Section 36.116(c), Water Code, is repealed.
82	89		SECTION 5. This Act takes effect September 1, 2019.
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