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  By: Seliger S.B. No. 728
 
  (Price)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a groundwater conservation district's recovery of
  expenses in closing or capping a well.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.118, Water Code, is amended by adding
  Subsections (e-1) and (e-2) to read as follows:
         (e-1)  Except as provided by Subsection (e-2), in addition to
  other remedies provided by law, the district is entitled to recover
  the district's attorney's fees, court costs, and reasonable
  expenses incurred in closing or capping the well from the owner of
  the land on which the well is located.
         (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.
         SECTION 2.  This Act takes effect September 1, 2011.