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  83R5618 JAM-F
 
  By: Carona S.B. No. 1249
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to plugging, capping, repairing, or completing certain
  wells.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1901.254, Occupations Code, is amended
  to read as follows:
         Sec. 1901.254.  NOTICE REGARDING INJURIOUS WATER,
  DETERIORATED WELL, OR ABANDONED WELL[; PLUGGING, REPAIR, OR
  COMPLETION OF WELL]. (a) A driller shall notify the department and
  the landowner or person having a well drilled that a well must be
  plugged, capped, repaired, or properly completed, as appropriate,
  in order to avoid injury or pollution on encountering:
               (1)  water injurious to vegetation, land, or other
  water;
               (2)  a deteriorated well; or
               (3)  an abandoned well [and determining that the well
  must be plugged, repaired, or properly completed in order to avoid
  injury or pollution].
         (b)  A [The] driller shall give the notice required under
  Subsection (a) not later than the fifth day after encountering the
  injurious water, deteriorated well, or abandoned [ensure that the]
  well [is plugged, repaired, or properly completed under standards
  and procedures adopted by the commission].
         (c)  In this section, "abandoned well," "deteriorated well,"
  and "properly completed" have the meanings assigned by Section
  1901.255.
         SECTION 2.  The heading to Section 1901.255, Occupations
  Code, is amended to read as follows:
         Sec. 1901.255.  PLUGGING, CAPPING, REPAIRING, OR PROPERLY
  COMPLETING WATER WELL; REPORT.
         SECTION 3.  Section 1901.255(a), Occupations Code, is
  amended by adding Subdivision (3) to read as follows:
               (3)  "Properly complete" means to perform to the
  standards and procedures adopted by the commission any work
  undertaken in the process of building or altering a well, including
  siting, drilling, boring, coring, or deepening.
         SECTION 4.  Section 1901.255, Occupations Code, is amended
  by amending Subsections (c) and (d) and adding Subsection (c-1) to
  read as follows:
         (c)  A [Not later than the 180th day after the date a]
  landowner or other person having a well drilled who encounters
  water injurious to vegetation, land, or other water or a landowner
  or other person who possesses a [an abandoned or] deteriorated well
  [learns of its condition, the landowner or other person] shall have
  the well plugged, [or] capped, repaired, or properly completed, as
  appropriate, under standards and procedures adopted by the
  commission not later than the 30th day after:
               (1)  receiving notice under Section 1901.254; or
               (2)  becoming aware of the existence of the injurious
  water or deteriorated well.
         (c-1)  A landowner or other person who possesses an abandoned
  well shall have the well plugged, capped, repaired, or properly
  completed, as appropriate, under standards and procedures adopted
  by the commission not later than the 90th day after:
               (1)  receiving notice under Section 1901.254; or
               (2)  becoming aware of the existence of the abandoned
  well.
         (d)  Not later than the 10th [30th] day after the date a [the]
  well is plugged, capped, repaired, or properly completed, as
  appropriate, in accordance with Subsection (c) or (c-1), a driller,
  licensed pump installer, or well owner who plugs, caps, repairs, or
  properly completes the [an abandoned or deteriorated] well shall
  submit a [plugging] report to:
               (1)  the board of directors of the groundwater
  conservation district in which the well is located, if the well is
  located in the boundaries of a groundwater conservation district;
  and
               (2)  the department [the executive director].
         SECTION 5.  Section 1902.252, Occupations Code, is amended
  to read as follows:
         Sec. 1902.252.  NOTICE REGARDING INJURIOUS WATER,
  DETERIORATED WELL, OR ABANDONED [; REPAIR OR COMPLETION OF] WELL.
  (a) An installer shall notify the department and the landowner or
  person having a pump installed or repaired that a well must be
  plugged, capped, repaired, or properly completed, as appropriate,
  on encountering:
               (1)  water injurious to vegetation, land, or other
  water;
               (2)  a deteriorated well; or
               (3)  an abandoned well.
         (b)  An [To avoid injury or pollution, the] installer shall
  give the notice required under Subsection (a) not later than the
  fifth day after encountering the injurious water, deteriorated
  well, or abandoned [repair or properly complete the] well [under
  standards and procedures adopted by the commission].
         (c)  In this section, "abandoned well," "deteriorated well,"
  and "properly completed" have the meanings assigned by Section
  1901.255.
         SECTION 6.  Subchapter F, Chapter 1902, Occupations Code, is
  amended by adding Section 1902.2525 to read as follows:
         Sec. 1902.2525.  PLUGGING, CAPPING, REPAIRING, OR PROPERLY
  COMPLETING WATER WELL; REPORT. (a)  In this section, "abandoned
  well," "deteriorated well," and "properly completed" have the
  meanings assigned by Section 1901.255.
         (b)  A landowner or other person having a pump installed who
  encounters water injurious to vegetation, land, or other water or a
  landowner or other person who possesses a deteriorated well shall
  have the well plugged, capped, repaired, or properly completed, as
  appropriate, under standards and procedures adopted by the
  commission not later than the 30th day after:
               (1)  receiving notice under Section 1902.252; or
               (2)  becoming aware of the existence of the injurious
  water or deteriorated well.
         (c)  A landowner or other person who possesses an abandoned
  well shall have the well plugged, capped, repaired, or properly
  completed, as appropriate, under standards and procedures adopted
  by the commission not later than the 90th day after:
               (1)  receiving notice under Section 1902.252; or
               (2)  becoming aware of the existence of the abandoned
  well.
         (d)  Not later than the 10th day after the date a well is
  plugged, capped, repaired, or properly completed, as appropriate,
  in accordance with Subsection (b) or (c), an installer or well owner
  who plugs, caps, repairs, or properly completes the well shall
  submit a report to:
               (1)  the board of directors of the groundwater
  conservation district in which the well is located, if the well is
  located in the boundaries of a groundwater conservation district;
  and
               (2)  the department.
         SECTION 7.  Sections 1901.255(b) and (e) and 1902.253,
  Occupations Code, are repealed.
         SECTION 8.  Not later than March 31, 2014, the Texas
  Commission on Licensing and Regulation shall adopt the rules,
  standards, or procedures necessary to implement this Act.
         SECTION 9.  The changes in law made by this Act to Chapters
  1901 and 1902, Occupations Code, apply only to the discovery of
  injurious water, a deteriorated well, or an abandoned well that
  occurs on or after the effective date of this Act. The discovery of
  injurious water, a deteriorated well, or an abandoned well that
  occurs before the effective date of this Act is governed by the law
  in effect on the date of discovery and the former law is continued
  in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2013.