By:  Averitt                                                      S.B. No. 1451


A BILL TO BE ENTITLED

AN ACT

relating to the management of groundwater resources in the state.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (c), Section 35.009, Water Code, is 
amended to read as follows:
	(c)  The commission shall also give written notice of the 
date, time, place, and purpose of the hearing to each state senator 
and state representative who represents any part of the area 
proposed for designation as a priority groundwater management area 
and the governing body of each county, regional water planning 
group, adjacent groundwater district, municipality, river 
authority, water district, or other entity which supplies public 
drinking water, including each holder of a certificate of 
convenience and necessity issued by the commission, and of each 
irrigation district, located either in whole or in part in the 
priority groundwater management area or proposed priority 
groundwater management area.  The notice must be given before the 
30th day preceding the date set for the hearing.
	SECTION 2.  Section 36.111, Water Code, is amended to read 
as follows:       
	Sec. 36.111.  RECORDS AND REPORTS.  A [The] district shall 
require that records be kept and reports be made of the drilling, 
equipping, and completing of water wells and of the production and 
use of groundwater.  A district by rule may establish that the 
records and reports required by the Texas Department of Licensing 
and Regulation under its rules or Chapter 1901, Occupations Code, 
satisfy the requirements of this section.
	SECTION 3.  Section 36.112, Water Code, is amended to read as 
follows:       
	Sec. 36.112.  DRILLERS' LOGS.  A district shall require that 
accurate drillers' logs be kept of water wells and that copies of 
drillers' logs and electric logs be filed with the district.  A 
district by rule may establish that the drillers' logs required by 
The Texas Department of Licensing and Regulation under its rules or 
Chapter 1901, Occupations Code, satisfy the requirements of this 
section.
	SECTION 4.  Subsection (b), Section 36.117, Water Code, is 
amended to read as follows:
	(b)  A district may not require any permit issued by the 
district for:       
		(1)  a well used solely for domestic use or for 
providing water for livestock or poultry on a tract of land larger 
than 10 acres that is either drilled, completed, or equipped so that 
it is incapable of producing more than 25,000 gallons of 
groundwater a day;
		(2)  the drilling of a water well used solely to supply 
water for a rig that is actively engaged in drilling or exploration 
operations for an oil or gas well permitted by the Railroad 
Commission of Texas provided that the person holding the permit is 
responsible for drilling and operating the water well and the well 
is located on the same lease or field associated with the drilling 
rig; [or]
		(3)  the drilling of a water well authorized under a 
permit issued by the Railroad Commission of Texas under Chapter 
134, Natural Resources Code, or for production from such a well to 
the extent the withdrawals are required for mining activities 
regardless of any subsequent use of the water; or
		(4)  a monitoring well, as defined by Section 1901.001, 
Occupations Code.
	SECTION 5.  Subsection (a), Section 36.157, Water Code, is 
amended to read as follows:
	(a)  A district may pay all costs and expenses necessarily 
incurred in the creation and organization of a district, including 
legal fees and other incidental expenses, and may reimburse any 
person or governmental entity, including a county, for money 
advanced for these purposes.
	SECTION 6.  This Act takes effect September 1, 2005.