76R9294 SMJ-D                           
         By Turner of Coleman                                  H.B. No. 1789
         Substitute the following for H.B. No. 1789:
         By Cook                                           C.S.H.B. No. 1789
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of stored water for wildlife management on a
 1-3     person's property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.142(a), Water Code, is amended to read
 1-6     as follows:
 1-7           (a)  Without obtaining a permit, a person may construct on a
 1-8     person's [his own] property a dam or reservoir with normal storage
 1-9     of not more  than 200 acre-feet of water for domestic and livestock
1-10     purposes or for the management of wildlife resources.  In this
1-11     subsection, "wildlife resources" has the meaning assigned by
1-12     Section 61.005, Parks and Wildlife Code.
1-13           SECTION 2.  Section 11.143(a), Water Code, is amended to read
1-14     as follows:
1-15           (a)  The owner of a dam or reservoir exempted under Section
1-16     11.142(a) [11.142 of this code] who desires to use water from the
1-17     dam or reservoir for a purpose not described by that subsection
1-18     [purposes other than domestic or livestock use] shall obtain a
1-19     permit to do so.  The owner [He] may obtain a regular permit, a
1-20     seasonal permit, or a permit for a term of years.  The owner [He]
1-21     may elect to obtain the permit by proceeding under this section or
1-22     under the other provisions of this chapter governing issuance of
1-23     permits.
1-24           SECTION 3.  The heading to Section 11.143, Water Code, is
 2-1     amended to read as follows:
 2-2           Sec. 11.143.  [DOMESTIC AND LIVESTOCK RESERVOIR--]USE OF
 2-3     WATER FROM EXEMPT DAM OR RESERVOIR FOR NONEXEMPT [OTHER] PURPOSES.
 2-4           SECTION 4.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended,
 2-9     and that this Act take effect and be in force from and after its
2-10     passage, and it is so enacted.