|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to open, uncovered, abandoned, or deteriorated wells. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1901.255, Occupations Code, is amended |
|
by amending Subsection (c) and adding Subsection (c-1) to read as |
|
follows: |
|
(c) Not later than the 180th day after the date a landowner |
|
or other person who possesses an abandoned [or deteriorated] well |
|
learns of its condition, the landowner or other person shall have |
|
the well plugged or capped under standards and procedures adopted |
|
by the commission. |
|
(c-1) Not later than the 180th day after the date a |
|
landowner or other person who possesses a deteriorated well learns |
|
of its condition, the landowner or other person shall have the well |
|
repaired or plugged under standards and procedures adopted by the |
|
commission. |
|
SECTION 2. The heading to Section 36.118, Water Code, is |
|
amended to read as follows: |
|
Sec. 36.118. OPEN OR UNCOVERED WELLS; ABANDONED OR |
|
DETERIORATED WELLS. |
|
SECTION 3. Section 36.118, Water Code, is amended by |
|
amending Subsections (a), (b), (c), (d), and (e) and adding |
|
Subsection (g) to read as follows: |
|
(a) A district may require the owner or lessee of land on |
|
which an open or uncovered well or abandoned well is located to keep |
|
the well permanently closed or capped with a covering that is: |
|
(1) capable of sustaining weight of at least 400 |
|
pounds; and |
|
(2) not easily removed[, except when the well is in
|
|
actual use]. |
|
(b) In [As used in] this section: |
|
(1) "Abandoned well" has the meaning assigned by |
|
Section 1901.255, Occupations Code. |
|
(2) "Deteriorated well" has the meaning assigned by |
|
Section 1901.255, Occupations Code. |
|
(3) "Open [, "open] or uncovered well" means an |
|
artificial excavation dug or drilled for the purpose of exploring |
|
for or producing water from the groundwater reservoir and is not |
|
capped or covered as required by this chapter. |
|
(c) A district shall require the owner or lessee of land on |
|
which a deteriorated well is located to plug the well or repair the |
|
well sufficiently to prevent pollution of any water in this state, |
|
including groundwater. The district shall notify the owner or |
|
lessee of a requirement under this subsection. If the owner or |
|
lessee fails or refuses to repair or plug [close or cap] the well |
|
[in compliance with this chapter] in accordance with district |
|
rules, not later than the 10th day after the date the owner or |
|
lessee receives the notice from the district, any person, firm, or |
|
corporation employed by the district may go on the land and repair |
|
or plug [close or cap] the well safely and securely. |
|
(d) Reasonable expenses incurred by the district in |
|
repairing or plugging [closing or capping] a well constitute a lien |
|
on the land on which the well is located. |
|
(e) The lien arises and attaches upon recordation in the |
|
deed records of the county where the well is located an affidavit, |
|
executed by any person conversant with the facts, stating the |
|
following: |
|
(1) the existence of the well; |
|
(2) the legal description of the property on which the |
|
well is located; |
|
(3) the approximate location of the well on the |
|
property; |
|
(4) the failure or refusal of the owner or lessee, |
|
after notification, to repair or plug [close] the well within 10 |
|
days after the notification; |
|
(5) the repairing or plugging [closing] of the well by |
|
the district, or by an authorized agent, representative, or |
|
employee of the district; and |
|
(6) the expense incurred by the district in repairing |
|
or plugging [closing] the well. |
|
(g) An employee of the Bandera County River Authority and |
|
Groundwater District may cap an open, uncovered, or abandoned well, |
|
or repair or plug a deteriorated well inside the district, if the |
|
employee has received training for capping, repairing, or plugging |
|
a well located in a karst topographic area. An employee acting |
|
under this section is not required to have a license under Chapter |
|
1901, Occupations Code, to perform the action authorized by this |
|
subsection. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |