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.