By Turner of Coleman                                  H.B. No. 3519
         77R5570 QS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the notice required before groundwater conservation
 1-3     district employees and agents enter private property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 36.123, Water Code, is amended by amending
 1-6     Subsection (b) and adding Subsections (c)-(e) to read as follows:
 1-7           (b)  District employees and agents are entitled to enter any
 1-8     public or private property within the boundaries of the district or
 1-9     adjacent to any reservoir or other property owned by the district
1-10     as provided by Subsections (c)-(e) [at any reasonable time] for the
1-11     purpose of inspecting and investigating conditions relating to the
1-12     quality of water in the state or the compliance with any rule,
1-13     regulation, permit, or other order of the district.  District
1-14     employees or agents acting under this authority who enter private
1-15     property shall observe the establishment's rules and regulations
1-16     concerning safety, internal security, and fire protection and shall
1-17     notify any occupant or management of their presence and shall
1-18     exhibit proper credentials.
1-19           (c)  District employees and agents may not enter private
1-20     property unless written notice explaining the specific purpose of
1-21     entering the property and requesting permission to enter the
1-22     property is mailed to the owner of the property by certified mail.
1-23           (d)  If, before the 31st day after the date the notice was
1-24     mailed, the owner of the property authorizes district employees or
 2-1     agents to enter the property, the district employees or agents
 2-2     must:
 2-3                 (1)  enter the property at a reasonable time to which
 2-4     the owner agrees; and
 2-5                 (2)  enter and traverse the property by a route the
 2-6     owner reasonably specifies, if any.
 2-7           (e)  If the owner of the property does not respond to the
 2-8     notice before the 31st day after the date the notice was mailed, or
 2-9     if the owner refuses permission for the entry, district employees
2-10     and agents may enter the property at any reasonable time without
2-11     the consent of the owner after giving additional written notice 10
2-12     days before entering the property.
2-13           SECTION 2. This Act takes effect immediately if it receives a
2-14     vote of two-thirds of all the members elected to each house, as
2-15     provided by Section 39, Article III, Texas Constitution.  If this
2-16     Act does not receive the vote necessary for immediate effect, this
2-17     Act takes effect September 1, 2001.