Bill Summary – FastDemocracy

      
            88R23578 ANG-F
         
		By: King of Uvalde
            H.B. No. 4444
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the management of groundwater by certain districts and 
         
            the Texas Commission on Environmental Quality.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Sections 7.142(a) and (b), Water Code, are 
         
            amended to read as follows:
         
                   (a)  A person commits an offense if the person violates:
         
                         (1)  Section 11.081;
         
                         (2)  Section 11.083;
         
                         (3)  Section 11.084;
         
                         (4)  Section 11.087;
         
                         (5)  Section 11.088;
         
                         (6)  Section 11.089;
         
                         (7)  Section 11.090;
         
                         (8)  Section 11.091;
         
                         (9)  Section 11.092;
         
                         (10)  Section 11.093;
         
                         (11)  Section 11.094;
         
                         (12)  Section 11.096; or
         
                         (13)  [Section 11.203; or
         
                         [(14)]  Section 11.205.
         
                   (b)  An offense under Subsection (a)(9), (a)(10), or (a)(13)
         
            [(a)(14)] is punishable under Section 7.187(a)(1)(A) or (2)(B)
         
            [Section 7.187(1)(A) or Section 7.187(2)(B)] or both.
         
                   SECTION 2.  Subchapter F, Chapter 11, Water Code, is amended 
         
            by adding Section 11.2011 to read as follows:
         
                   Sec. 11.2011.  APPLICABILITY.  This subchapter, other than  
         
            Sections 11.202(c) and 11.206, applies only to an artesian well 
         
            drilled outside the boundaries of a groundwater conservation 
         
            district, subsidence district, or other conservation and 
         
            reclamation district with the authority to regulate the drilling, 
         
            spacing, or production of water wells.
         
                   SECTION 3.  Section 36.001, Water Code, is amended by adding 
         
            Subdivision (2-a) and amending  Subdivisions (8) and (9) to read as 
         
            follows:
         
                         (2-a)  "Conservation" means the practice of reducing 
         
            the consumption of water, reducing the loss or waste of water, 
         
            improving the efficiency in the use of water, or increasing the 
         
            recycling and reuse of water so that a water supply is made 
         
            available for future or alternative uses.
         
                         (8)  "Waste" means any one or more of the following:
         
                               (A)  withdrawal of groundwater from a groundwater 
         
            reservoir at a rate and in an amount that causes or threatens to 
         
            cause intrusion into the reservoir of water unsuitable for 
         
            agricultural, gardening, domestic, or stock raising purposes;
         
                               (B)  the flowing or producing of wells from a 
         
            groundwater reservoir if the water produced is not used for a 
         
            beneficial purpose;
         
                               (C)  escape of groundwater from a groundwater 
         
            reservoir to any other reservoir or geologic strata that does not 
         
            contain groundwater;
         
                               (D)  pollution or harmful alteration of 
         
            groundwater in a groundwater reservoir by saltwater or by other 
         
            deleterious matter admitted from another stratum or from the 
         
            surface of the ground;
         
                               (E)  willfully or negligently causing, suffering, 
         
            or allowing groundwater to escape into any river, creek, natural 
         
            watercourse, depression, lake, reservoir, drain, sewer, street, 
         
            highway, road, or road ditch, or onto any land other than that of 
         
            the owner of the well unless such discharge is authorized by permit, 
         
            rule, or order issued by the commission under Chapter 26;
         
                               (F)  groundwater pumped for irrigation that 
         
            escapes as irrigation tailwater onto land other than that of the 
         
            owner of the well unless permission has been granted by the occupant 
         
            of the land receiving the discharge; [or]
         
                               (G)  the production or use of groundwater in an 
         
            amount that exceeds the amount reasonably necessary for the purpose 
         
            for which the groundwater is needed, not including the production 
         
            or use of groundwater for agricultural irrigation as necessary to 
         
            comply with federal crop insurance standards and guidelines; or
         
                               (H)  drilling, comple
Statutes affected: 
Introduced: Water Code 36.001, Water Code 36.113, Water Code 11.042, Water Code 11.202 (Water Code 11, Water Code 36)
House Committee Report: Water Code 7.142, Subchapter F, Chapter , Water Code 7.187, Water Code 36.001 (Water Code 11, Water Code 7, Water Code 36, Subchapter F, Chapter , Water Code 7)
Engrossed: Water Code 7.142, Subchapter F, Chapter , Water Code 7.187, Water Code 36.001 (Water Code 11, Water Code 7, Water Code 36, Subchapter F, Chapter , Water Code 7)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the management of groundwater by certain districts and
	the Texas Commission on Environmental Quality.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 7.142(a) and (b), Water Code, are
	amended to read as follows:
	(a) A person commits an offense if the person violates:
	(1) Section 11.081;
	(2) Section 11.083;
	(3) Section 11.084;
	(4) Section 11.087;
	(5) Section 11.088;
	(6) Section 11.089;
	(7) Section 11.090;
	(8) Section 11.091;
	(9) Section 11.092;
	(10) Section 11.093;
	(11) Section 11.094;
	(12) Section 11.096; or
	(13) [~~Section 11.203; or~~
	[~~(14)~~] Section 11.205.
	(b) An offense under Subsection (a)(9), (a)(10), or (a)(13)
	[~~(a)(14)~~] is punishable under Section 7.187(a)(1)(A) or (2)(B)
	[~~Section 7.187(1)(A) or Section 7.187(2)(B)~~] or both.
	SECTION 2. Subchapter F, Chapter 11, Water Code, is amended
	by adding Section 11.2011 to read as follows:
	Sec. 11.2011. APPLICABILITY. This subchapter, other than
	Sections 11.202(c) and 11.206, applies only to an artesian well
	drilled outside the boundaries of a groundwater conservation
	district, subsidence district, or other conservation and
	reclamation district with the authority to regulate the drilling,
	spacing, or production of water wells.
	SECTION 3. Section 36.001, Water Code, is amended by adding
	Subdivision (2-a) and amending Subdivisions (8) and (9) to read as
	follows:
	(2-a) "Conservation" means the practice of reducing
	the consumption of water, reducing the loss or waste of water,
	improving the efficiency in the use of water, or increasing the
	recycling and reuse of water so that a water supply is made
	available for future or alternative uses.
	(8) "Waste" means any one or more of the following:
	(A) withdrawal of groundwater from a groundwater
	reservoir at a rate and in an amount that causes or threatens to
	cause intrusion into the reservoir of water unsuitable for
	agricultural, gardening, domestic, or stock raising purposes;
	(B) the flowing or producing of wells from a
	groundwater reservoir if the water produced is not used for a
	beneficial purpose;
	(C) escape of groundwater from a groundwater
	reservoir to any other reservoir or geologic strata that does not
	contain groundwater;
	(D) pollution or harmful alteration of
	groundwater in a groundwater reservoir by saltwater or by other
	deleterious matter admitted from another stratum or from the
	surface of the ground;
	(E) willfully or negligently causing, suffering,
	or allowing groundwater to escape into any river, creek, natural
	watercourse, depression, lake, reservoir, drain, sewer, street,
	highway, road, or road ditch, or onto any land other than that of
	the owner of the well unless such discharge is authorized by permit,
	rule, or order issued by the commission under Chapter 26;
	(F) groundwater pumped for irrigation that
	escapes as irrigation tailwater onto land other than that of the
	owner of the well unless permission has been granted by the occupant
	of the land receiving the discharge; [or]
	(G) the production or use of groundwater in an
	amount that exceeds the amount reasonably necessary for the purpose
	for which the groundwater is needed, not including the production
	or use of groundwater for agricultural irrigation as necessary to
	comply with federal crop insurance standards and guidelines; or
	(H) drilling, comple Statutes affected: Introduced: Water Code 36.001, Water Code 36.113, Water Code 11.042, Water Code 11.202 (Water Code 11, Water Code 36) House Committee Report: Water Code 7.142, Subchapter F, Chapter , Water Code 7.187, Water Code 36.001 (Water Code 11, Water Code 7, Water Code 36, Subchapter F, Chapter , Water Code 7) Engrossed: Water Code 7.142, Subchapter F, Chapter , Water Code 7.187, Water Code 36.001 (Water Code 11, Water Code 7, Water Code 36, Subchapter F, Chapter , Water Code 7)