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A BILL TO BE ENTITLED
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AN ACT
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relating to open, uncovered, abandoned, or deteriorated wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1901.255, Occupations Code, is amended |
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by amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) Not later than the 30th [180th] day after the date a |
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landowner or other person who possesses an abandoned [or
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deteriorated] well learns of its condition, the landowner or other |
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person shall have the well plugged or capped under standards and |
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procedures adopted by the commission. |
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(c-1) Not later than the 10th day after the date a landowner |
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or other person who possesses a deteriorated well learns of its |
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condition, the landowner or other person shall have the well |
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plugged under standards and procedures adopted by the commission. |
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SECTION 2. The heading to Section 36.118, Water Code, is |
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amended to read as follows: |
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Sec. 36.118. OPEN OR UNCOVERED WELLS; ABANDONED OR |
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DETERIORATED WELLS. |
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SECTION 3. Sections 36.118(a), (b), (c), (d), and (e), |
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Water Code, are amended to read as follows: |
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(a) A district may require the owner or lessee of land on |
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which an open or uncovered well or abandoned well is located to keep |
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the well permanently closed or capped with a covering that is: |
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(1) capable of sustaining weight of at least 400 |
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pounds; and |
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(2) not easily removed[, except when the well is in
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actual use]. |
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(b) In [As used in] this section: |
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(1) "Abandoned well" has the meaning assigned by |
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Section 1901.255, Occupations Code. |
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(2) "Deteriorated well" has the meaning assigned by |
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Section 1901.255, Occupations Code. |
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(3) "Open [, "open] or uncovered well" means an |
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artificial excavation dug or drilled for the purpose of exploring |
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for or producing water from the groundwater reservoir and is not |
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capped or covered as required by this chapter. |
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(c) A district shall require the owner or lessee of land on |
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which a deteriorated well is located to plug the well or repair the |
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well sufficiently to prevent pollution of any water in this state, |
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including groundwater. The district shall notify the owner or |
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lessee of a requirement under this subsection. If the owner or |
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lessee fails or refuses to plug [close or cap] the well [in
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compliance with this chapter] in accordance with district rules, |
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not later than the 10th day after the date the owner or lessee |
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receives the notice from the district, any person, firm, or |
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corporation employed by the district may go on the land and plug |
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[close or cap] the well safely and securely. |
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(d) Reasonable expenses incurred by the district in |
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plugging [closing or capping] a well constitute a lien on the land |
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on which the well is located. |
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(e) The lien arises and attaches upon recordation in the |
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deed records of the county where the well is located an affidavit, |
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executed by any person conversant with the facts, stating the |
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following: |
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(1) the existence of the well; |
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(2) the legal description of the property on which the |
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well is located; |
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(3) the approximate location of the well on the |
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property; |
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(4) the failure or refusal of the owner or lessee, |
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after notification, to plug [close] the well within 10 days after |
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the notification; |
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(5) the plugging [closing] of the well by the |
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district, or by an authorized agent, representative, or employee of |
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the district; and |
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(6) the expense incurred by the district in plugging |
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[closing] the well. |
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SECTION 4. 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, 2017. |