Bill Text: TX HB4112 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the rights of an owner of groundwater.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2015-06-16 - Effective immediately [HB4112 Detail]
Download: Texas-2015-HB4112-Enrolled.html
H.B. No. 4112 |
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relating to the rights of an owner of groundwater. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.002, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) The groundwater ownership and rights described by this | ||
section[ |
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[ |
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lessees, heirs, or assigns, to: | ||
(1) drill for and produce the groundwater below the | ||
surface of real property, subject to Subsection (d), without | ||
causing waste or malicious drainage of other property or | ||
negligently causing subsidence; and | ||
(2) have any other right recognized under common law. | ||
(b-1) The groundwater ownership and rights described by | ||
this section do [ |
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(1) entitle a landowner, including a landowner's | ||
lessees, heirs, or assigns, to the right to capture a specific | ||
amount of groundwater below the surface of that landowner's land; | ||
or [ |
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(2) [ |
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defenses or other defenses to liability under the rule of capture. | ||
SECTION 2. 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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4112 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 132, Nays 1, 3 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4112 was passed by the Senate on May | ||
23, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |