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By: Burns, et al. (Senate Sponsor - Perry) |
H.B. No. 4112 |
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(In the Senate - Received from the House May 11, 2015; |
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May 12, 2015, read first time and referred to Committee on |
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Agriculture, Water, and Rural Affairs; May 19, 2015, reported |
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favorably by the following vote: Yeas 6, Nays 0; May 19, 2015, |
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sent to printer.) |
Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of an owner of groundwater. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.002, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) The groundwater ownership and rights described by this |
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section[:
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[(1)] entitle the landowner, including a landowner's |
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lessees, heirs, or assigns, to: |
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(1) drill for and produce the groundwater below the |
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surface of real property, subject to Subsection (d), without |
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causing waste or malicious drainage of other property or |
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negligently causing subsidence; and |
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(2) have any other right recognized under common law. |
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(b-1) The groundwater ownership and rights described by |
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this section do [, but does] not: |
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(1) entitle a landowner, including a landowner's |
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lessees, heirs, or assigns, to the right to capture a specific |
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amount of groundwater below the surface of that landowner's land; |
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or [and] |
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(2) [do not] affect the existence of common law |
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defenses or other defenses to liability under the rule of capture. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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