SRC-MWN H.B. 3037 77(R)BILL ANALYSIS


Senate Research CenterH.B. 3037
By: Walker (Staples)
Natural Resources
5/10/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

Current law provides only minimum guidelines regarding the ability of
groundwater conservation districts (district) to regulate the spacing and
production of wells. As a result, districts must do their best to interpret
what latitude they have in regard to regulating wells and enforcing those
regulations. H.B. 3037 provides more explicit guidelines.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to a district or authority
created under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution in SECTION 1 (Section 36.116, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 36.116, Water Code, as follows:

Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. (a) Authorizes a
district or authority created under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution (district) by rule, to regulate the spacing
of water wells and the production of groundwater by certain requirements
and limitations. 

(b)  Authorizes the district, in promulgating any rules limiting
groundwater production, to preserve historic use prior to the effective
date of these rules to the maximum extent practicable consistent with the
district's comprehensive management plan under Section 36.1071. 

(c)  Authorizes a district, in regulating the production of groundwater
based on tract size or acreage, to consider the service area of a retail
water utility. Provides that for purposes of this subsection, "retail water
utility" is required to have the meaning provided at Section 13.002 of this
code. 

SECTION 2. Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends proposed Section 36.116, Water Code by amending
Subsection (a), striking and replacing previously proposed Subsection (b),
and adding a new proposed Subsection (c).