1-1 By: Turner of Coleman, et al. H.B. No. 247
1-2 (Senate Sponsor - Wentworth)
1-3 (In the Senate - Received from the House April 25, 2001;
1-4 April 26, 2001, read first time and referred to Committee on
1-5 Natural Resources; May 11, 2001, reported favorably, as amended, by
1-6 the following vote: Yeas 5, Nays 0; May 11, 2001, sent to
1-7 printer.)
1-8 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-9 Amend H.B. 247 by striking SECTION 1 and substituting the
1-10 following:
1-11 SECTION 1. Sec. 11.142. PERMIT EXEMPTIONS. (a) Without
1-12 obtaining a permit, a person may construct on the person's [his]
1-13 own property a dam or reservoir with normal storage of not more
1-14 than 200 acre-feet of water for domestic and livestock purposes. A
1-15 person who temporarily stores more than 200 acre-feet of water in a
1-16 dam or reservoir described by this subsection is not required to
1-17 obtain a permit for the dam or reservoir if the person can
1-18 demonstrate that the person has not stored in the dam or reservoir
1-19 more than 200 acre-feet of water on average in any 12-month period.
1-20 (b) Without obtaining a permit, a person may construct on
1-21 the person's property in an unincorporated area a dam or reservoir
1-22 with normal storage of not more than 200 acre-feet of water for
1-23 commercial or noncommercial wildlife management, including fishing,
1-24 but not including fish farming.
1-25 (c) Without obtaining a permit, a person who is drilling and
1-26 producing petroleum and conducting operations associated with
1-27 drilling and producing petroleum may take for those purposes state
1-28 water from the Gulf of Mexico and adjacent bays and arms of the
1-29 Gulf of Mexico in an amount not to exceed one acre-foot during each
1-30 24-hour period.
1-31 (d) [(c)] Without obtaining a permit, a person may construct
1-32 or maintain a reservoir for the sole purpose of sediment control as
1-33 part of a surface coal mining operation under the Texas Surface
1-34 Coal Mining and Reclamation Act (Article 5920-11, Vernon's Texas
1-35 Civil Statues).
1-36 A BILL TO BE ENTITLED
1-37 AN ACT
1-38 relating to the use by a person of stored water for wildlife
1-39 management on certain property of the person.
1-40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-41 SECTION 1. Section 11.142(a), Water Code, is amended to read
1-42 as follows:
1-43 (a) Without obtaining a permit, a person may construct on
1-44 the person's [his own] property a dam or reservoir with normal
1-45 storage of not more than 200 acre-feet of water for:
1-46 (1) domestic and livestock purposes; or
1-47 (2) commercial or noncommercial wildlife management,
1-48 including fishing, but not including fish farming, if the property
1-49 is appraised under Subchapter D, Chapter 23, Tax Code, on the basis
1-50 of its use for wildlife management.
1-51 SECTION 2. Section 11.143(a), Water Code, is amended to read
1-52 as follows:
1-53 (a) The owner of a dam or reservoir exempted under Section
1-54 11.142(a) [11.142 of this code] who desires to use water from the
1-55 dam or reservoir for a purpose not described by that subsection
1-56 [purposes other than domestic or livestock use] shall obtain a
1-57 permit to do so. The owner [He] may obtain a regular permit, a
1-58 seasonal permit, or a permit for a term of years. The owner [He]
1-59 may elect to obtain the permit by proceeding under this section or
1-60 under the other provisions of this chapter governing issuance of
1-61 permits.
1-62 SECTION 3. The heading to Section 11.143, Water Code, is
1-63 amended to read as follows:
2-1 Sec. 11.143. [DOMESTIC AND LIVESTOCK RESERVOIR] USE OF WATER
2-2 FROM EXEMPT DAM OR RESERVOIR FOR NONEXEMPT [OTHER] PURPOSES.
2-3 SECTION 4. This Act takes effect immediately if it receives
2-4 a vote of two-thirds of all the members elected to each house, as
2-5 provided by Section 39, Article III, Texas Constitution. If this
2-6 Act does not receive the vote necessary for immediate effect, this
2-7 Act takes effect September 1, 2001.
2-8 * * * * *