By: Murr H.B. No. 4256
A BILL TO BE ENTITLED
AN ACT
relating to establishing and funding a grant program to plug
leaking water wells in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 28, Water Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. LEAKING WATER WELLS PROGRAM
Sec. 28.101. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "District" means any district or authority created
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, that has the authority to regulate the spacing of
water wells, the production of water wells, or both.
(2) "Fund" means the Leaking Water Wells Fund
established under Section 28.103.
(3) "Program" means the Leaking Water Wells Program
established under Section 28.104.
(4) "Railroad Commission" means the Railroad
Commission of Texas.
Sec. 28.102. APPLICABILITY. This chapter applies only to a
district in a county that:
(1) has a population of not more than 16,000; and
(2) is adjacent to at least seven counties with
populations of less than 12,000.
Sec. 28.103. LEAKING WATER WELLS FUND. (a) The leaking
water wells fund is created as a fund in the state treasury outside
the general revenue fund.
(b) Notwithstanding any other law, the comptroller shall
make a one-time transfer of $18,500,000 from the economic
stabilization fund to the credit of the fund. The comptroller shall
make the transfer described by this subsection as soon as
practicable.
(c) Money deposited to the credit of the fund may be used
solely for the purpose of supporting the program under Section
28.104, including the costs of program administration and
operation.
(d) Interest earned on money deposited to the credit of the
fund is exempt from Section 404.071, Government Code. Interest
earned on money in the fund shall be retained in the fund.
Sec. 28.104. LEAKING WATER WELLS PROGRAM. (a) The
commission shall establish and administer a leaking water wells
program designed to plug leaking water wells. Under the program,
the commission shall provide grants for eligible projects to offset
the cost of plugging leaking water wells.
(b) Projects that may be considered for a grant under the
program include leaking water wells that:
(1) are located within 2,000 feet of a drinking water
well, a water well for livestock or irrigation, or a sensitive
wildlife area; or
(2) have seasonal or annual flow to the surface, or a
hydrological connection to surface water, including a waterway,
intermittent stream, or springs system; and
(3) whose plug, casing, completion interval, or
otherwise general integrity is known to be deficient to the
district, or whose completion interval is sufficiently proximate to
other known intervals or pressurized zones with high concentrations
of salinity, chlorides, sulfides, or other hazardous or toxic
constituents.
Sec. 28.105. APPLICATION FOR GRANT. (a) A district may
apply for and receive a grant under the program.
(b) An application for a grant under this chapter must be
made on a form provided by the commission and must contain the
information required by the commission.
Sec. 28.106. ELIGIBILITY OF PROJECTS FOR GRANTS. (a) The
commission by rule shall establish criteria for setting priorities
for projects eligible to receive grants under this chapter.
(b) A district applying for a grant must:
(1) demonstrate that the project meets the criteria
under Section 28.104(b);
(2) obtain any necessary approvals from surface owners
for access to the property where the leaking water wells are
located; and
(3) as necessary and subject to subsection (c), engage
in a bid process to select and hire any contractors or
subcontractors to perform the work.
(c) Any contractors or subcontractors who work on a project
must be on the approved list of well pluggers maintained by the
Railroad Commission.
Sec. 28.107. RESTRICTION ON USE OF GRANT. (a) A recipient
of a grant under this chapter shall use the grant to pay the cost of
the project for which the grant is made. The recipient may not use
the grant to pay the recipient's administrative costs.
(b) A leaking water well plugged under this program must be
permanently plugged. The commission, in consultation with the
Railroad Commission, shall establish criteria for ensuring that a
well is permanently plugged.
(c) Any funds not used by the recipient on a project to plug
a water well must be returned to the fund.
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, 2023.