By Turner of Coleman, Hupp, Miller,                    H.B. No. 247
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use by a person of stored water for wildlife
 1-3     management on certain property of the person.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.142(a), Water Code, is amended to read
 1-6     as follows:
 1-7           (a)  Without obtaining a permit, a person may construct on
 1-8     the person's [his own] property a dam or reservoir with normal
 1-9     storage of not more than 200 acre-feet of water for:
1-10                 (1)  domestic and livestock purposes; or
1-11                 (2)  commercial or noncommercial wildlife management,
1-12     including fishing, but not including fish farming, if the property
1-13     is appraised under Subchapter D, Chapter 23, Tax Code, on the basis
1-14     of its use for wildlife management.
1-15           SECTION 2.  Section 11.143(a), Water Code, is amended to read
1-16     as follows:
1-17           (a)  The owner of a dam or reservoir exempted under Section
1-18     11.142(a) [11.142 of this code] who desires to use water from the
1-19     dam or reservoir for a purpose not described by that subsection
1-20     [purposes other than domestic or livestock use] shall obtain a
1-21     permit to do so.  The owner [He] may obtain a regular permit, a
1-22     seasonal permit, or a permit for a term of years.  The owner [He]
1-23     may elect to obtain the permit by proceeding under this section or
1-24     under the other provisions of this chapter governing issuance of
1-25     permits.
 2-1           SECTION 3.  The heading to Section 11.143, Water Code, is
 2-2     amended to read as follows:
 2-3           Sec. 11.143.  [DOMESTIC AND LIVESTOCK RESERVOIR] USE OF WATER
 2-4     FROM EXEMPT DAM OR RESERVOIR FOR NONEXEMPT [OTHER] PURPOSES.
 2-5           SECTION 4.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.