S.B. No. 1383
 
 
 
 
AN ACT
  relating to district hearings and citizen suits for illegally
  drilling or operating a water well.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.119, Water Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsections (g)
  and (h) to read as follows:
         (a)  Drilling or operating a well or wells without a required
  permit or producing groundwater in violation of a district rule
  adopted under Section 36.116(a)(2) [operating a well at a higher
  rate of production than the rate approved for the well] is declared
  to be illegal, wasteful per se, and a nuisance.
         (b)  Except as provided by this section, a landowner or other
  [A] person who has a right to produce groundwater from land that is
  [an estate in land] adjacent to the land on which a [the] well or
  wells are drilled or operated without a required permit or permits
  or from which groundwater is produced in violation of a district
  rule adopted under Section 36.116(a)(2) [is located], or who owns
  or otherwise has a right to produce groundwater from land [a part]
  that lies within one-half mile of the well or wells, may sue the
  owner of the well or wells in a court of competent jurisdiction to
  restrain or enjoin the illegal drilling, [or] operation, or both.
  The suit may be brought with or without the joinder of the district.
         (c)  Except as provided by this section, the [The] aggrieved
  party may also sue the owner of the well or wells for damages for
  injuries suffered by reason of the illegal operation or production 
  and for other relief to which the party [they] may be entitled. In a
  suit for damages against the owner of the well or wells, the
  existence [or operation] of a well or wells drilled without a
  required permit or the operation of a well or wells in violation of
  a district rule adopted under Section 36.116(a)(2) [in violation of
  the rules of the district] is prima facie evidence of illegal
  drainage.
         (g)  Before filing a suit under Subsection (b) or (c), an
  aggrieved party must file a written complaint with the district
  having jurisdiction over the well or wells drilled or operated
  without a required permit or in violation of a district rule.  The
  district shall investigate the complaint and, after notice and
  hearing and not later than the 90th day after the date the written
  complaint was received by the district, the district shall
  determine, based on the evidence presented at the hearing, whether
  a district rule has been violated.  The aggrieved party may only
  file a suit under this section on or after the 91st day after the
  date the written complaint was received by the district.
         (h)  Notwithstanding Subsection (g), an aggrieved party
  under Subsection (b) may sue a well owner or well driller in a court
  of competent jurisdiction to restrain or enjoin the drilling or
  completion of an illegal well after filing the written complaint
  with the district under Subsection (g) and without the need to wait
  for a hearing on the matter.
         SECTION 2.  Section 36.119, Water Code, as amended by this
  Act, applies only to a violation occurring on or after the effective
  date of this Act. Any violation occurring before the effective date
  of this Act is governed by the law in effect on the date the
  violation occurred, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1383 passed the Senate on
  April 26, 2007, by the following vote:  Yeas 31, Nays 0;
  May 24, 2007, Senate refused to concur in House amendment and
  requested appointment of Conference Committee; May 26, 2007, House
  granted request of the Senate; May 26, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1383 passed the House, with
  amendment, on May 23, 2007, by the following vote:  Yeas 144,
  Nays 0, two present not voting; May 26, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 26, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 136, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor