By Puente                                             H.B. No. 3188
         77R4875 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the plugging of abandoned or deteriorated water wells.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 32.014(b), Water Code, is amended to read
 1-5     as follows:
 1-6           (b)  Except as provided by Section 32.0175, all [All] money
 1-7     collected by the department under this chapter shall be deposited
 1-8     to the credit of the water well drillers account in the general
 1-9     revenue fund and may be used only to administer this chapter.  The
1-10     department shall allocate not more than 20 percent of the money in
1-11     the account to cover administrative costs of the department.
1-12           SECTION 2.  Chapter 32, Water Code, is amended by adding
1-13     Section 32.0175 to read as follows:
1-14           Sec. 32.0175.  WATER WELL PLUGGING ACCOUNT.  (a)  The
1-15     department may assess a fee for each well drilled in an amount
1-16     determined by department rule for the purpose of plugging abandoned
1-17     or deteriorated wells.
1-18           (b)  The department shall deposit a fee assessed under this
1-19     section to the credit of the water well plugging account.  The
1-20     water well plugging account is an account in the general revenue
1-21     fund that may be appropriated to the department only for the
1-22     purpose of plugging abandoned or deteriorated wells.  The
1-23     department may allocate not more than 20 percent of the money in
1-24     the account to cover administrative costs of the department. The
 2-1     account is exempt from the application of Section 403.095,
 2-2     Government Code.
 2-3           (c)  The department may use money in the account to plug an
 2-4     abandoned or deteriorated well only if the department determines
 2-5     that the landowner or other person possessing the well:
 2-6                 (1)  cannot be located; or
 2-7                 (2)  does not have sufficient assets to plug the well
 2-8     as determined by criteria established by department rule.
 2-9           SECTION 3.  The fee authorized by Section 32.0175, Water
2-10     Code, as added by this Act, applies only to a water well for which
2-11     initial drilling operations begin on or after the date the Texas
2-12     Department of Licensing and Regulation adopts rules providing for
2-13     the assessment of the fee.
2-14           SECTION 4.  This Act takes effect immediately if it receives
2-15     a vote of two-thirds of all the members elected to each house, as
2-16     provided by Section 39, Article III, Texas Constitution.  If this
2-17     Act does not receive the vote necessary for immediate effect, this
2-18     Act takes effect September 1, 2001.