By Madla                                              S.B. No. 1288
       74R6227 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prevention of groundwater pollution through certain
    1-3  wells.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 28, Water Code, is amended
    1-6  by adding Section 28.014 to read as follows:
    1-7        Sec. 28.014.  WELLHEAD PROTECTION PROGRAM FOR PUBLIC WATER
    1-8  SUPPLY WELLS.  (a)  The commission by rule shall require the owner
    1-9  of each well drilled or acquired on or after September 1, 1995, for
   1-10  public water supply use to participate in the wellhead protection
   1-11  program adopted in compliance with Section 1428 of the federal Safe
   1-12  Drinking Water Act (42 U.S.C. Section 300h-7).
   1-13        (b)  The commission may establish fees to cover the cost of
   1-14  the program.  The fees may vary in relation to the number of water
   1-15  service customers the public water supply well serves.
   1-16        SECTION 2.  Section 32.014(b), Water Code, is amended to read
   1-17  as follows:
   1-18        (b)  Except as provided by Section 32.0175, <All> money
   1-19  collected by the commission under this chapter shall be deposited
   1-20  to the credit of the water well drillers fund.
   1-21        SECTION 3.  Chapter 32, Water Code, is amended by adding
   1-22  Section 32.0175 to read as follows:
   1-23        Sec. 32.0175.  WATER WELL PLUGGING FUND.  (a)  A licensed
   1-24  driller shall collect from the person having a well drilled a fee
    2-1  of $25 on completion of the well.  The driller shall include the
    2-2  fee as a separate item on an invoice or receipt prepared for the
    2-3  person having the well drilled.
    2-4        (b)  The licensed driller quarterly shall send fees collected
    2-5  under this section to the commission together with documentation
    2-6  and other information required by commission rule.
    2-7        (c)  The commission shall deposit fees received under this
    2-8  section to the credit of the water well plugging fund.  Sections
    2-9  403.094 and 403.095, Government Code, do not apply to the water
   2-10  well plugging fund.
   2-11        (d)  The commission may use money in the water well plugging
   2-12  fund  only to:
   2-13              (1)  enforce a person's obligation to plug an abandoned
   2-14  or deteriorated well that is located in an economically distressed
   2-15  area; or
   2-16              (2)  plug an abandoned or deteriorated well that is
   2-17  located in an economically distressed area if the person
   2-18  responsible for plugging the well under Section 32.017 cannot be
   2-19  located or does not have assets sufficient to plug the well.
   2-20        (e)  In this section, "economically distressed area" has the
   2-21  meaning assigned by Section 15.001.
   2-22        SECTION 4.  This Act takes effect September 1, 1995.
   2-23        SECTION 5.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.