SRC-TJG S.B. 1041 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1041
78R6977 MI-FBy: Averitt
Natural Resources
4/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Water Code does not specify certain groundwater
rights of private landowners and their lessees and assigns.  As proposed,
S.B. 1041 clarifies that groundwater becomes a vested property right once
it has been captured. 

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.  Provides that the legislature makes certain findings related
to the management of groundwater and the groundwater rights of private
landowners and their lessees and assigns. 

SECTION 2.  Amends Section 36.002, Water Code, to provide that a surface
owner's or a surface owner's lessee's or assign's property interest in
groundwater vests as a property right at the moment of capture.  Provides
that this subsection does not affect any liability that may arise under
common law because of the production or use of groundwater or the impact
of that production or use on another person and does not restrict the
regulatory authority of a district under this chapter or special law.
Creates new Subsections (a) and (b). 

SECTION 3.  Effective date: upon passage or September 1, 2003.