HBA-NMO H.B. 3399 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3399
By: Puente
Natural Resources
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires landowners to provide for the plugging of an abandoned
or deteriorated water well on their property.  The Texas Department of
Licensing and Regulation's Water Well Drillers Certification Division
estimates the existence of approximately 150,000 abandoned water wells in
this state. Additionally, abandoned and deteriorated water wells contribute
to groundwater contamination.  However, no mechanism exists to fund the
plugging of abandoned water wells located on land for which the owner
cannot be located or does not have sufficient funds.  H.B. 3399  
creates a water well plugging account administered by the Texas Department
of Licensing and Regulation (department) to fund the plugging of abandoned
or deteriorated water wells for which the landowner cannot be located or
does not have sufficient funds .  This bill requires the department to
assess a fee on each new well drilled to fund the account.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Licensing and
Regulation in SECTION 2 (Section 32.0175, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Reenacts and amends Section 32.014(b), Water Code, as amended
by Chapters 333 and 1077, Acts of the 75th Legislature, Regular Session,
1997, as follows: 
 
(b) Requires that all money collected by the Texas Department of Licensing
and Regulation (department) under this chapter (Water Well Drillers),
except as provided by Section 32.0175, be deposited to the credit of the
water well drillers fund account in the general revenue fund and authorizes
its use only to administer this chapter.  Requires the department to
allocate not more than 20 percent of the money in the account to cover
administrative costs of the department.  
 
SECTION 2.  Amends Chapter 32, Water Code, by adding Section 32.0175, as
follows: 
 
Sec. 32.0175.  WATER WELL PLUGGING ACCOUNT. (a) Requires the department to
assess a fee for each new well drilled in an amount determined by
department rule for the purpose of plugging abandoned or deteriorated
wells.  
 
(b)  Requires the department to deposit a fee assessed under this section
to the credit of the water well plugging account.  Provides that the water
well plugging account is an account in the general revenue fund and
authorizes that it be appropriated to the department only for the purpose
of plugging abandoned or deteriorated wells.  Provides that the account is
exempt from the application of Section 403.095 (Use of Dedicated Revenue),
Government Code.  
 
(c)  Authorizes the department to use money in the account to plug an
abandoned or deteriorated well only if the department determines that the
landowner or other person possessing the well cannot be located or does not
have sufficient assets to plug the well as determined by criteria
established by department rule. 
  
SECTION 3.  Emergency clause.
Effective date: upon passage.