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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of water wells under the jurisdiction of |
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the Texas Commission of Licensing and Regulation to prevent |
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groundwater pollution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1901.001, Occupations Code, is amended |
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by amending Subdivisions (1) and (14) and adding Subdivision (2) to |
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read as follows: |
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(1) "Brackish groundwater" means groundwater that has |
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a salinity of more than 1,000 milligrams per liter but not more than |
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35,000 milligrams per liter. |
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(2) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(14) "Water well" means an artificial excavation |
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constructed to explore for or produce groundwater, including |
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brackish groundwater. The term does not include: |
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(A) a test or blast hole in a quarry or mine or a |
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well or excavation constructed to explore for or produce oil, gas, |
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or other minerals unless the hole is also used to produce |
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groundwater; or |
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(B) an injection water source well regulated |
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under Section 91.101, Natural Resources Code. |
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SECTION 2. Section 1901.052(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall adopt rules as necessary to enforce |
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this chapter, including rules governing: |
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(1) license applications; |
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(2) qualifications of applicants; |
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(3) standards of conduct for drillers, including |
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standards for drilling, plugging, repairing, and completing water |
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wells, and marking well drilling rigs and equipment; and |
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(4) procedures and practices before the department. |
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SECTION 3. The heading to Section 1901.251, Occupations |
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Code, is amended to read as follows: |
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Sec. 1901.251. DRILLING WATER WELL; WELL LOG. |
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SECTION 4. Section 1901.251, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A driller shall drill, deepen, or alter a well under |
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standards and procedures adopted by the commission. |
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(a-1) Each driller who drills, deepens, or otherwise alters |
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a water well in this state shall make and keep a legible and |
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accurate well log in accordance with rules adopted by the |
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commission and on forms prescribed by the executive director. The |
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well log shall be recorded at the time of drilling, deepening, or |
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otherwise altering the well and must contain: |
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(1) the depth, thickness, and character of the strata |
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penetrated; |
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(2) the location of water-bearing strata; |
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(3) the depth, size, and character of casing |
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installed; and |
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(4) any other information required by rules adopted by |
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the commission. |
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SECTION 5. Section 1901.254(a), Occupations Code, is |
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amended to read as follows: |
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(a) A driller shall notify the department and the landowner |
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or person having a well drilled on encountering water, including |
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brackish groundwater, injurious to vegetation, land, or other water |
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and determining that the well must be plugged, repaired, or |
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properly completed in order to avoid injury or pollution. |
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SECTION 6. Subchapter F, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.258 to read as follows: |
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Sec. 1901.258. GROUNDWATER PROTECTION REQUIREMENTS. The |
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commission shall adopt rules to establish groundwater protection |
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requirements for drilling, plugging, repairing, and completing |
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water wells under the jurisdiction of the commission that are |
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consistent with rules adopted under Section 91.1015, Natural |
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Resources Code, by the Railroad Commission of Texas, including |
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rules relating to the depth of surface casing for wells. |
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SECTION 7. This Act takes effect September 1, 2013. |