Amend CSSB 310 between SECTIONS 10 and 11 of the bill (House
Committee Printing page 13, between lines 15 and 16) by inserting
the following section, appropriately numbered, and renumbering the
subsequent sections accordingly:
      SECTION __. Section 89.011, Natural Resources Code, is
amended to read as follows:
      Sec. 89.011.  DUTY OF OPERATOR. (a)  The operator of a well
shall properly plug the well when required and in accordance with
the commission's rules that are in effect at the time of the
plugging.
      (b)  If useable quality water zones are present, the operator
shall verify the placement of the plug at the base of the deepest
fresh water zone required to be protected.  The well is considered
to have been properly plugged only when the verification is
satisfactory and meets commission requirements.
      (c)  If, for the use of the surface owner, the operator of
the well plugs the well back to produced fresh water, the duty of
the operator to properly plug the well ends only when:
            (1)  the well has been properly plugged in accordance
with commission requirements; and
            (2)  the surface owner has obtained a permit for the
well from the groundwater conservation district, if applicable.
      (d)  Subsections (b) and (c) apply only to wells plugged on
or after the effective date of this Act.
      (e)  The duty of a person to plug an unplugged well that has
ceased operation ends only if the person's interest in the well is
sold or conveyed while the well is in compliance with rules of the
commission relating to safety or the prevention or control of
pollution and the provisions of Sections 89.002(a)(2)(A)-(D) have
been met.  The person acquiring the seller's interest through such
a sale or conveyance succeeds the seller as the operator of the
well for the purpose of plugging responsibility once the provisions
of Sections 89.002(a)(2)(A)-(D) have been met.