85R24366 SLB-F
 
  By: King of Uvalde, Murr H.B. No. 3025
 
  Substitute the following for H.B. No. 3025:
 
  By:  Larson C.S.H.B. No. 3025
 
 
 
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, 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.