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.