SRC-VRA S.B. 884 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 884
78R7393 MI-DBy: Brimer
Intergovernmental Relations
3/20/2003
As Filed


DIGEST AND PURPOSE 

Currently, there are no regulations requiring planning or oversight prior
to the drilling of private water wells in unincorporated areas.  As
proposed, S.B. 884 allows the commissioner's court of a county to pass an
ordinance to require both a person desiring to drill a private well and
the county health officer to comply with certain rules. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 240, Local Government Code, by adding
Subchapter C, as follows: 

SUBCHAPTER C.  COUNTY REGULATION OF WATER WELLS

 Sec.  240.041.  DEFINITION.  Defines "on-site sewage disposal system."

Sec.  240.042.  AUTHORITY TO REGULATE PLACEMENT OF WATER WELLS.  (a)
Authorizes the commissioners court of a county by order to regulate the
placement of private water wells in the unincorporated area of the county
to prevent certain conditions from occurring.  

(b)  Requires a commissioners court that decides to regulate the placement
of private water wells under this subchapter by order to adopt rules
governing the placement of a water well in relation to an existing on-site
sewage disposal system and enforcement of those rules.  Requires the rules
to require certain individuals to perform various tasks.  

Sec.  240.043.  INSPECTION.  Authorizes a county health officer to inspect
a proposed private water well site to ensure that it complies with the
requirements of this subchapter and county rules adopted under this
subchapter. 

Sec.  240.044.  FEE.  Authorizes the county to impose a placement review
fee in the amount of not more than $50 to be paid by the person drilling
the well.  Requires fees collected under this section to be deposited to
the county's general fund to be used only for the administration and
enforcement of this subchapter. 

Sec.  240.045.  COMPLIANCE REQUIRED.  Prohibits a person from drilling a
private water well in a county that has chosen to regulate the placement
of private water wells under this subchapter unless the placement of the
well complies with this subchapter and applicable rules and has been
approved by the county health officer.  

Sec.  240.046.  OFFENSE; PENALTY.  Provides that a person who violates
this subchapter or a county ordinance adopted under this subchapter
commits a class C misdemeanor. 
 
SECTION 2.  Effective date:  September 1, 2003.