SRC-JLB H.B. 3030 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3030
78R12496 JTS-FBy: Van Arsdale (Lindsay)
Natural Resources
5/14/2003
Engrossed


DIGEST AND PURPOSE 

Currently, when a public facility discovers its water supply is
contaminated, the facility is required by law to notify those using the
facility or its water resources of the contamination. However, no
provision exists to provide notice to owners of nearby private water
wells, who may also be affected by the same groundwater contamination.
H.B. 3030 requires the Texas Commission on Environmental Quality within 30
days of knowing about a contamination to notify by mail owners of private
drinking water wells that may be contaminated. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Environmental Quality in SECTION 1 (Section 26.408, Water Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter J, Chapter 26, Water Code, by adding Section
26.408, as follows: 
 
Sec. 26.408.  NOTICE OF GROUNDWATER CONTAMINATION.  (a)  Requires the
state agency, if a state agency documents under Section 26.406(a) a case
of groundwater contamination that may affect a drinking water well, to
notify the Texas Commission on Environmental Quality (TCEQ). 

(b)  Requires TCEQ, not later than the 30th day after the date TCEQ
receives notice under Subsection (a) or obtains independent knowledge of
groundwater contamination, to make every effort to give notice of the
contamination by first class mail to each owner of a private drinking
water well that may be affected by the contamination and to each
applicable groundwater conservation district. 
 
(c)  Requires TCEQ by rule to prescribe the form and content of notice
required under this section. 
 
SECTION 2.  Effective date:  September 1, 2003.  
            Makes application of this Act prospective.