78R7393 MI-D

By:  Brimer                                                       S.B. No. 884



A BILL TO BE ENTITLED

AN ACT

relating to county authority to regulate the placement of water 
wells in unincorporated areas of the county; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 240, Local Government Code, is amended 
by adding Subchapter C to read as follows:

SUBCHAPTER C.  COUNTY REGULATION OF WATER WELLS
	Sec. 240.041.  DEFINITION.  In this subchapter, "on-site 
sewage disposal system" has the meaning assigned by Section 
366.002, Health and Safety Code.
	Sec. 240.042.  AUTHORITY TO REGULATE PLACEMENT OF WATER 
WELLS.  (a)  The commissioners court of a county by order may 
regulate the placement of private water wells in the unincorporated 
area of the county to prevent:
		(1)  the contamination of a well from an on-site sewage 
disposal system; and
		(2)  rendering an on-site sewage disposal system that 
was in place before the well was drilled out of compliance with 
applicable law because of the placement of the well.
	(b)  A commissioners court that decides to regulate the 
placement of private water wells under this subchapter by order 
shall adopt rules governing the placement of a water well in 
relation to an existing on-site sewage disposal system and 
enforcement of those rules.  The rules must require:
		(1)  a person desiring to drill a private water well to:               
			(A)  notify the county health officer of the 
intent to drill the well; and
			(B)  include with the notice a diagram showing the 
location of the well and its distance from any nearby on-site sewage 
disposal system; and
		(2)  the county health officer to:                                     
			(A)  review the notice and diagram; and                               
			(B)  approve the drilling of the well if placement 
of the well will not:
				(i)  result in contamination of the well 
from an on-site sewage disposal system; or
				(ii)  render an on-site sewage disposal 
system that was in place before the well was drilled out of 
compliance with applicable law.
	Sec. 240.043.  INSPECTION.  A county health officer may 
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.  The county may impose a placement review 
fee in the amount of not more than $50 to be paid by the person 
drilling the well.  Fees collected under this section shall 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.  A person may not drill 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.  A person who violates this 
subchapter or a county ordinance adopted under this subchapter 
commits an offense.  An offense under this section is a Class C 
misdemeanor.
	SECTION 2.  This Act takes effect September 1, 2003.