Texas 2023 - 88th Regular

Texas House Bill HB4444 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R23578 ANG-F
2	2	By: King of Uvalde H.B. No. 4444
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the management of groundwater by certain districts and
8	8	the Texas Commission on Environmental Quality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 7.142(a) and (b), Water Code, are
11	11	amended to read as follows:
12	12	(a) A person commits an offense if the person violates:
13	13	(1) Section 11.081;
14	14	(2) Section 11.083;
15	15	(3) Section 11.084;
16	16	(4) Section 11.087;
17	17	(5) Section 11.088;
18	18	(6) Section 11.089;
19	19	(7) Section 11.090;
20	20	(8) Section 11.091;
21	21	(9) Section 11.092;
22	22	(10) Section 11.093;
23	23	(11) Section 11.094;
24	24	(12) Section 11.096; or
25	25	(13) [Section 11.203; or
26	26	[(14)] Section 11.205.
27	27	(b) An offense under Subsection (a)(9), (a)(10), or (a)(13)
28	28	[(a)(14)] is punishable under Section 7.187(a)(1)(A) or (2)(B)
29	29	[Section 7.187(1)(A) or Section 7.187(2)(B)] or both.
30	30	SECTION 2. Subchapter F, Chapter 11, Water Code, is amended
31	31	by adding Section 11.2011 to read as follows:
32	32	Sec. 11.2011. APPLICABILITY. This subchapter, other than
33	33	Sections 11.202(c) and 11.206, applies only to an artesian well
34	34	drilled outside the boundaries of a groundwater conservation
35	35	district, subsidence district, or other conservation and
36	36	reclamation district with the authority to regulate the drilling,
37	37	spacing, or production of water wells.
38	38	SECTION 3. Section 36.001, Water Code, is amended by adding
39	39	Subdivision (2-a) and amending Subdivisions (8) and (9) to read as
40	40	follows:
41	41	(2-a) "Conservation" means the practice of reducing
42	42	the consumption of water, reducing the loss or waste of water,
43	43	improving the efficiency in the use of water, or increasing the
44	44	recycling and reuse of water so that a water supply is made
45	45	available for future or alternative uses.
46	46	(8) "Waste" means any one or more of the following:
47	47	(A) withdrawal of groundwater from a groundwater
48	48	reservoir at a rate and in an amount that causes or threatens to
49	49	cause intrusion into the reservoir of water unsuitable for
50	50	agricultural, gardening, domestic, or stock raising purposes;
51	51	(B) the flowing or producing of wells from a
52	52	groundwater reservoir if the water produced is not used for a
53	53	beneficial purpose;
54	54	(C) escape of groundwater from a groundwater
55	55	reservoir to any other reservoir or geologic strata that does not
56	56	contain groundwater;
57	57	(D) pollution or harmful alteration of
58	58	groundwater in a groundwater reservoir by saltwater or by other
59	59	deleterious matter admitted from another stratum or from the
60	60	surface of the ground;
61	61	(E) willfully or negligently causing, suffering,
62	62	or allowing groundwater to escape into any river, creek, natural
63	63	watercourse, depression, lake, reservoir, drain, sewer, street,
64	64	highway, road, or road ditch, or onto any land other than that of
65	65	the owner of the well unless such discharge is authorized by permit,
66	66	rule, or order issued by the commission under Chapter 26;
67	67	(F) groundwater pumped for irrigation that
68	68	escapes as irrigation tailwater onto land other than that of the
69	69	owner of the well unless permission has been granted by the occupant
70	70	of the land receiving the discharge; [or]
71	71	(G) the production or use of groundwater in an
72	72	amount that exceeds the amount reasonably necessary for the purpose
73	73	for which the groundwater is needed, not including the production
74	74	or use of groundwater for agricultural irrigation as necessary to
75	75	comply with federal crop insurance standards and guidelines; or
76	76	(H) drilling, completing, maintaining, or
77	77	operating a well that is not in compliance with the requirements of
78	78	Chapter 1901, Occupations Code, or applicable rules adopted under
79	79	that chapter [for water produced from an artesian well, "waste"
80	80	also has the meaning assigned by Section 11.205].
81	81	(9) "Use for a beneficial purpose" means the
82	82	nonwasteful use of groundwater for:
83	83	(A) agricultural, gardening, domestic, stock
84	84	raising, municipal, mining, manufacturing, industrial, commercial,
85	85	recreational, or pleasure purposes;
86	86	(B) exploring for, producing, handling, or
87	87	treating oil, gas, sulphur, or other minerals; or
88	88	(C) any other purpose that is useful and
89	89	beneficial to the user.
90	90	SECTION 4. The following provisions of the Water Code are
91	91	repealed:
92	92	(1) Sections 11.202(d) and (e);
93	93	(2) Section 11.203;
94	94	(3) Section 11.204; and
95	95	(4) Section 11.207.
96	96	SECTION 5. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2023.