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A BILL TO BE ENTITLED
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AN ACT
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relating to the plugging of abandoned or deteriorated water wells; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1901.053(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 1901.258, the [The] |
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department shall deposit money collected under this chapter to the |
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credit of the water well drillers account in the general revenue |
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fund. Money deposited in that account under this section may be |
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used only to administer this chapter. |
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SECTION 2. Section 1901.101(b), Occupations Code, is |
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amended to read as follows: |
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(b) One member appointed under Subsection (a)(1) must be |
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selected from the state at large and the remaining five driller |
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members must be selected from each of the following geographic |
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areas of the state, as defined by department rule: |
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(1) Gulf Coast area; |
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(2) Trans-Pecos area; |
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(3) Central Texas area; |
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(4) Northeast Texas area; and |
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(5) Panhandle-South Plains area. |
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SECTION 3. Subchapter F, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.258 to read as follows: |
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Sec. 1901.258. WATER WELL PLUGGING ACCOUNT. (a) The |
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department may assess a fee for each well drilled in an amount |
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determined by department rule for the purpose of plugging abandoned |
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or deteriorated wells. |
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(b) The department shall deposit a fee assessed under this |
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section to the credit of the water well plugging account. The water |
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well plugging account is an account in the general revenue fund that |
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may be appropriated to the department only for the purpose of |
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plugging abandoned or deteriorated wells. The account is exempt |
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from the application of Section 403.095, Government Code. |
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(c) The account consists of five subaccounts corresponding |
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to the geographic areas described in Section 1901.101(b). The fee |
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for each well drilled in a geographic area shall be deposited to the |
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credit of the subaccount established for that geographic area. |
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Fees in a subaccount may be used only to pay: |
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(1) the administrative costs of the department; |
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(2) the costs of plugging high priority or hazardous |
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wells, as defined by department rule, located anywhere in the |
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state; and |
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(3) the costs of plugging wells, other than high |
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priority or hazardous wells, located in the geographic service area |
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for which the subaccount was established. |
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(d) The department may allocate not more than: |
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(1) 20 percent of the money in the account to pay the |
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administrative costs of the department; and |
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(2) 10 percent of the money in the account to pay the |
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costs of plugging high priority or hazardous wells. |
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(e) The department may use money in the account to plug an |
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abandoned or deteriorated well only if the department determines |
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that the landowner or other person possessing the well: |
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(1) cannot be located; or |
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(2) does not have sufficient assets to plug the well as |
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determined by criteria established by department rule. |
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(f) The department may transfer money in a subaccount to a |
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groundwater conservation district to be used by the district to |
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plug one or more abandoned or deteriorated wells designated by the |
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department if the department is entitled to use money in that |
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subaccount to plug those wells. From the money transferred, the |
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district may allocate not more than $50 for each well to pay the |
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district's administrative costs. |
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SECTION 4. The fee authorized by Section 1901.258, |
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Occupations Code, as added by this Act, applies only to a water well |
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for which initial drilling operations begin on or after the |
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effective date of the rules adopted by the Texas Department of |
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Licensing and Regulation providing for the assessment of the fee. |
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SECTION 5. This Act takes effect September 1, 2023. |