LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

April 8, 2005

TO:	Honorable Robert Puente, Chair, House Committee on Natural Resources
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB2084 by Chisum (Relating to the ownership of groundwater and governmental actions affecting the rights of owners of groundwater.), As Introduced

No fiscal implication to the State is anticipated.

The bill would remove authority from a political subdivision to limit or alter rights of the owners of land that overlies an aquifer. The landowner would be given reasonable and equal opportunity to produce the groundwater beneath the landowner's land. The bill would take effect September 1, 2005 and would apply only to an action taken by a political subdivision under its statutory authority to prevent waste or protect rights of owners of interests in groundwater on or after that date.

Under current statute, the ownership and rights related to land overlying an aquifer apply to owners of the land and their lessess and assigns in groundwater, and those rights may be limited or altered by rules promulgated by a groundwater district. 

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JOB, WK, DLBa