Bill Text: TX SB1249 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to plugging, capping, repairing, or completing certain wells.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [SB1249 Detail]
Download: Texas-2013-SB1249-Introduced.html
83R5618 JAM-F | ||
By: Carona | S.B. No. 1249 |
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relating to plugging, capping, repairing, or completing certain | ||
wells. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1901.254, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1901.254. NOTICE REGARDING INJURIOUS WATER, | ||
DETERIORATED WELL, OR ABANDONED WELL[ |
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the landowner or person having a well drilled that a well must be | ||
plugged, capped, repaired, or properly completed, as appropriate, | ||
in order to avoid injury or pollution on encountering: | ||
(1) water injurious to vegetation, land, or other | ||
water; | ||
(2) a deteriorated well; or | ||
(3) an abandoned well [ |
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(b) A [ |
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Subsection (a) not later than the fifth day after encountering the | ||
injurious water, deteriorated well, or abandoned [ |
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well [ |
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(c) In this section, "abandoned well," "deteriorated well," | ||
and "properly completed" have the meanings assigned by Section | ||
1901.255. | ||
SECTION 2. The heading to Section 1901.255, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1901.255. PLUGGING, CAPPING, REPAIRING, OR PROPERLY | ||
COMPLETING WATER WELL; REPORT. | ||
SECTION 3. Section 1901.255(a), Occupations Code, is | ||
amended by adding Subdivision (3) to read as follows: | ||
(3) "Properly complete" means to perform to the | ||
standards and procedures adopted by the commission any work | ||
undertaken in the process of building or altering a well, including | ||
siting, drilling, boring, coring, or deepening. | ||
SECTION 4. Section 1901.255, Occupations Code, is amended | ||
by amending Subsections (c) and (d) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) A [ |
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landowner or other person having a well drilled who encounters | ||
water injurious to vegetation, land, or other water or a landowner | ||
or other person who possesses a [ |
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[ |
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the well plugged, [ |
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appropriate, under standards and procedures adopted by the | ||
commission not later than the 30th day after: | ||
(1) receiving notice under Section 1901.254; or | ||
(2) becoming aware of the existence of the injurious | ||
water or deteriorated well. | ||
(c-1) A landowner or other person who possesses an abandoned | ||
well shall have the well plugged, capped, repaired, or properly | ||
completed, as appropriate, under standards and procedures adopted | ||
by the commission not later than the 90th day after: | ||
(1) receiving notice under Section 1901.254; or | ||
(2) becoming aware of the existence of the abandoned | ||
well. | ||
(d) Not later than the 10th [ |
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well is plugged, capped, repaired, or properly completed, as | ||
appropriate, in accordance with Subsection (c) or (c-1), a driller, | ||
licensed pump installer, or well owner who plugs, caps, repairs, or | ||
properly completes the [ |
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submit a [ |
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(1) the board of directors of the groundwater | ||
conservation district in which the well is located, if the well is | ||
located in the boundaries of a groundwater conservation district; | ||
and | ||
(2) the department [ |
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SECTION 5. Section 1902.252, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1902.252. NOTICE REGARDING INJURIOUS WATER, | ||
DETERIORATED WELL, OR ABANDONED [ |
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(a) An installer shall notify the department and the landowner or | ||
person having a pump installed or repaired that a well must be | ||
plugged, capped, repaired, or properly completed, as appropriate, | ||
on encountering: | ||
(1) water injurious to vegetation, land, or other | ||
water; | ||
(2) a deteriorated well; or | ||
(3) an abandoned well. | ||
(b) An [ |
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give the notice required under Subsection (a) not later than the | ||
fifth day after encountering the injurious water, deteriorated | ||
well, or abandoned [ |
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(c) In this section, "abandoned well," "deteriorated well," | ||
and "properly completed" have the meanings assigned by Section | ||
1901.255. | ||
SECTION 6. Subchapter F, Chapter 1902, Occupations Code, is | ||
amended by adding Section 1902.2525 to read as follows: | ||
Sec. 1902.2525. PLUGGING, CAPPING, REPAIRING, OR PROPERLY | ||
COMPLETING WATER WELL; REPORT. (a) In this section, "abandoned | ||
well," "deteriorated well," and "properly completed" have the | ||
meanings assigned by Section 1901.255. | ||
(b) A landowner or other person having a pump installed who | ||
encounters water injurious to vegetation, land, or other water or a | ||
landowner or other person who possesses a deteriorated well shall | ||
have the well plugged, capped, repaired, or properly completed, as | ||
appropriate, under standards and procedures adopted by the | ||
commission not later than the 30th day after: | ||
(1) receiving notice under Section 1902.252; or | ||
(2) becoming aware of the existence of the injurious | ||
water or deteriorated well. | ||
(c) A landowner or other person who possesses an abandoned | ||
well shall have the well plugged, capped, repaired, or properly | ||
completed, as appropriate, under standards and procedures adopted | ||
by the commission not later than the 90th day after: | ||
(1) receiving notice under Section 1902.252; or | ||
(2) becoming aware of the existence of the abandoned | ||
well. | ||
(d) Not later than the 10th day after the date a well is | ||
plugged, capped, repaired, or properly completed, as appropriate, | ||
in accordance with Subsection (b) or (c), an installer or well owner | ||
who plugs, caps, repairs, or properly completes the well shall | ||
submit a report to: | ||
(1) the board of directors of the groundwater | ||
conservation district in which the well is located, if the well is | ||
located in the boundaries of a groundwater conservation district; | ||
and | ||
(2) the department. | ||
SECTION 7. Sections 1901.255(b) and (e) and 1902.253, | ||
Occupations Code, are repealed. | ||
SECTION 8. Not later than March 31, 2014, the Texas | ||
Commission on Licensing and Regulation shall adopt the rules, | ||
standards, or procedures necessary to implement this Act. | ||
SECTION 9. The changes in law made by this Act to Chapters | ||
1901 and 1902, Occupations Code, apply only to the discovery of | ||
injurious water, a deteriorated well, or an abandoned well that | ||
occurs on or after the effective date of this Act. The discovery of | ||
injurious water, a deteriorated well, or an abandoned well that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect on the date of discovery and the former law is continued | ||
in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2013. |