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.