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