Bill Text: TX HB3025 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to open, uncovered, abandoned, or deteriorated wells.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB3025 Detail]
Download: Texas-2017-HB3025-Enrolled.html
H.B. No. 3025 |
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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 [ |
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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[ |
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(b) In [ |
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(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 [ |
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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 [ |
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[ |
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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 [ |
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(d) Reasonable expenses incurred by the district in | ||
repairing or plugging [ |
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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 [ |
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days after the notification; | ||
(5) the repairing or plugging [ |
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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 [ |
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(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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3025 was passed by the House on May 3, | ||
2017, by the following vote: Yeas 140, Nays 4, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3025 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |