By Counts                                             H.B. No. 2902
         76R5973 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the conservation, management, and use of groundwater.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 35.017, Water Code, is amended to read as
 1-5     follows:
 1-6           Sec. 35.017.  STATE-OWNED LAND.  If state-owned land or a
 1-7     portion of state-owned land is located in a priority groundwater
 1-8     management area, the state agency that has management and control
 1-9     over that land under the constitution or by statute may elect by
1-10     written agreement with the commission and the district to include
1-11     the state-owned land in the district.  The agreement [shall be
1-12     entered into as provided by the Texas Intergovernmental Cooperation
1-13     Act, Chapter 741, Government Code, and] may include provisions for
1-14     the payment by the state agency of reasonable fees to the district.
1-15     If the state does not elect to enter into the agreement to include
1-16     the state-owned land in the district, the state agency must
1-17     establish a groundwater management plan that will conserve,
1-18     protect, and prevent the waste of groundwater on that state-owned
1-19     land.  The management plan adopted by the state agency must provide
1-20     specific measures to prevent waste or pollution of groundwater on
1-21     the state-owned land and to ensure against subsidence of
1-22     neighboring land.
1-23           SECTION 2.  Subchapter D, Chapter 36, Water Code, is amended
1-24     by adding Section 36.1195 to read as follows:
 2-1           Sec. 36.1195.  NEGLIGENT DRILLING OR OPERATION OF WELL
 2-2     RESULTING IN SUBSIDENCE OF NEIGHBORING LAND.  (a)  A person may not
 2-3     drill or operate a well in a manner that is negligent and that
 2-4     causes the subsidence of the land of others.
 2-5           (b)  The owner of land affected by a violation of Subsection
 2-6     (b) may bring a civil suit to enjoin the unlawful activity and to
 2-7     recover damages.
 2-8           (c)  A suit under this section may be brought in the county
 2-9     where the well is located or the county where all or part of the
2-10     affected land is located.
2-11           SECTION 3.  The Texas Natural Resource Conservation
2-12     Commission by rule shall require a person who in any one year
2-13     withdraws more than twice the amount of groundwater historically
2-14     withdrawn each year by that person to report to the commission in
2-15     the manner required by the commission the amount of water withdrawn
2-16     and the use made of the water.  The rules shall provide a procedure
2-17     for calculating historical usage for purposes of the report
2-18     required by this section.
2-19           SECTION 4.  The legislature intends that Section 36.1195,
2-20     Water Code, as added by this Act, restate and not modify the common
2-21     law rule.
2-22           SECTION 5.  This Act takes effect September 1, 1999.
2-23           SECTION 6.  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.