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.