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.