Amend SB 728 (Senate committee report) as follows:

(1) In the recital to SECTION 1 of the bill (page 1, line 12), strike "Subsection (e-1)" and substitute "Subsections (e-1) and (e-2)".

(2) In SECTION 1 of the bill, in added Section 36.118(e-1), Water Code (page 1, line 13), strike "In" and substitute "Except as provided by Subsection (e-2), in".

(3) In SECTION 1 of the bill, in Section 36.118, Water Code (page 1, between lines 16 and 17), insert the following:

(e-2) An entity that drills a well to develop subsurface resources not owned by the landowner is liable for expenses incurred in closing or capping the well, unless the landowner assumes responsibility for the well.