By Alvarado                                            H.B. No. 109
         76R254 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting the severance of surface rights from
 1-3     groundwater rights in conveying real property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 5, Property Code, is
 1-6     amended by adding Section 5.012 to read as follows:
 1-7           Sec. 5.012.  SEVERANCE OF SURFACE RIGHTS FROM GROUNDWATER
 1-8     RIGHTS PROHIBITED.  In conveying real property, the owner of the
 1-9     property may not sever surface rights from groundwater rights.  The
1-10     owner may not:
1-11                 (1)  retain surface rights and convey groundwater
1-12     rights to the real property; or
1-13                 (2)  retain groundwater rights and convey surface
1-14     rights to the real property.
1-15           SECTION 2.  The importance of this legislation and the
1-16     crowded condition of the calendars in both houses create an
1-17     emergency and an imperative public necessity that the
1-18     constitutional rule requiring bills to be read on three several
1-19     days in each house be suspended, and this rule is hereby suspended,
1-20     and that this Act take effect and be in force from and after its
1-21     passage, and it is so enacted.