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.