1-1 By: Hilderbran (Senate Sponsor - Sims) H.B. No. 2254
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 6, Nays 1; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the definition of subterranean streams and the
1-22 ownership of groundwater.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 11.002, Water Code, is amended by adding
1-25 Subdivision (9) to read as follows:
1-26 (9) "Defined subterranean stream" means an underground
1-27 stream possessing all of the characteristics of a surface
1-28 watercourse, including a discrete and well-defined channel, with a
1-29 bed and banks, that is capable of identification by a metes and
1-30 bounds description. The term does not include an underground
1-31 reservoir or aquifer, even if there is water movement, whether
1-32 defined or undefined, or if it discharges water through a discrete
1-33 spring or series of springs.
1-34 SECTION 2. Section 11.021, Water Code, is amended by adding
1-35 Subsection (c) to read as follows:
1-36 (c) Water beneath the surface of the ground that is the flow
1-37 of a defined subterranean stream is the property of the state.
1-38 SECTION 3. Section 52.001, Water Code, is amended by adding
1-39 Subdivision (15) to read as follows:
1-40 (15) "Defined subterranean stream" has the meaning
1-41 assigned by Section 11.002 of this code.
1-42 SECTION 4. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended,
1-47 and that this Act take effect and be in force from and after its
1-48 passage, and it is so enacted.
1-49 * * * * *
1-50 Austin,
1-51 Texas
1-52 May 25, 1993
1-53 Hon. Bob Bullock
1-54 President of the Senate
1-55 Sir:
1-56 We, your Committee on Natural Resources to which was referred H.B.
1-57 No. 2254, have had the same under consideration, and I am
1-58 instructed to report it back to the Senate with the recommendation
1-59 that it do pass and be printed.
1-60 Sims,
1-61 Chairman
1-62 * * * * *
1-63 WITNESSES
1-64 No witnesses appeared on H.B. No. 2254.