By Gallego H.B. No. 3764
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rulemaking power of districts over wells in certain
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 36.121, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
1-8 OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
1-9 36.117, a district that is created under this chapter on or after
1-10 September 1, 1991, shall exempt from regulation under this chapter
1-11 a well and any water produced or to be produced by a well that is
1-12 located in a county that has a population of 14,000 or less if the
1-13 water is to be used solely to supply a municipality that has a
1-14 population of 120,000 [115,000] or less but more than 30,000 and
1-15 the rights to the water produced from the well are owned by a
1-16 political subdivision that is not a municipality, or by a
1-17 municipality that has a population of 120,000 [93,000] or less but
1-18 more than 30,000, and that purchased, owned, or held rights to the
1-19 water before the date on which the district was created, regardless
1-20 of the date the well is drilled or the water is produced. The
1-21 district may not prohibit the political subdivision or municipality
1-22 from transporting produced water inside or outside the district's
1-23 boundaries.
1-24 SECTION 2. This Act takes effect September 1, 1999.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.