Legislative Blog

J.B. Williams, J.D.

5 more bills that modify the Water Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 3007 - Exempts Benbrook Water Authority for some restrictions outline in the water code.

HB 4256 - Created a fund to plug leaking water wells in small districts that are created a potential water hazard.

HB 4856 - Recharge injection wells used to inject fluid oil and gas waste are now under the Texas Commission on Environmental Quality exclusively.

SB 317 - Seems like previously a tap fee cost was not an appealable cost. Now it is and must be consistent with the set tariff.

SB 818 - Permits districts to convey land more easily for electric utility service for the public benefit; as well as a few other additions.

5 more bills that modify the Water Code

Published: 2024-04-25

HB 3007

Authority of the Benbrook Water Authority to issue bonds

For bonds issued by the Benbrook Water Authority, the portion of the Water Code (Section 49.181) that restricts issuance for certain matters does not apply here.

HB 4256

Establishment of a grant program to plug leaking water wells in certain communities

District means a district or authority that has the authority to regulate the spacing of water wells, the production of water wells, or both. Fund is the leaking water wells fund. Program means the leaking water wells program.

This applies to districts that have a population of 16,000 or less; and are adjacent to at least 7 counties with a population of less than 15,000.

This fund is created outside the general revenue fund. It has money that has been appropriated, credited or transferred to it by the legislature; gifts or grants to the fund; and interest earned no deposits or investments made with the fund. The fund may only be used to implement the programs outlined in that section of the code (28.104, discussed below), including the costs of the program administration and operation.

The program is to plug leaking water wells. Grants shall be provided to districts for eligible projects to offset the cost of plugging the leaking water wells. A district may apply and receive a grant under the program. To be eligible, a district must:

1. demonstrate that the project includes a leaking water well:
   • that:
     • it is located within 2,000 feet of a drinking water well, a water well for livestock or irrigation, or a sensitive wildlife area; or
     • has seasonal or annual flow to the surface, or a hydrological connection to surface water, including waterways, intermittent stream or spring system;
   • of which:
     • the plug, casing, completion interval, or general integrity is know to be deficient; or
     • the completion interval is sufficiently proximate to other known intervals with high concentrations of salinity, chlorides, sulfides, or other hazardous or toxic components;
2. obtain the necessary approval from the surface owner for access to the property where the leaking well is located;
3. engage in a bid process to select and hire a contractor or subcontractor to perform the work

The contractor or subcontractor must be from a list of approved well pluggers maintained by the Railroad Commission of Texas and be awarded to the bid or proposal that provides the best value based on the selection criteria published. The commission shall establish criteria for prioritizing the projects eligible to receive grant money.

The grant money may only be used to pay the cost of the project approved, not including administrative costs. Any leaking water well plugged must be plugged permanently. The commission, in consultation with the Railroad Commission of Texas, shall establish criteria for ensuring that a well is permanently plugged. Any funds not used to complete the project must be returned to the commission and credited to the fund.

HB 4856

Jurisdiction of the Texas Commission on Environmental Quality over certain recharge injection wells

The commission now has exclusive jurisdiction over recharge injection wells used for the injection of fluid oil and gas waste. And such recharge injection wells must be treated to meet standards adopted by the commission.

SB 318

Appellate jurisdiction of the Public Utility Commission regarding certain water or sewer service fees

An applicant can now appeal the service fee from a water supply or sewer service for the regular membership fee or tap fee it is required to pay to obtain service. If the utility commission determines that the fee is inconsistent with the tariff set, then they shall issue an order setting the fee. An appeal must be made within 30 days after the date the service provides the cost to the applicant.

SB 818

Disposition of real property interests by navigation districts and port authorities

Districts may sell, exchange, or lease real property or interest in real property that it owns; unless it was purchased from the State of Texas under former Article 8255 of the Revised Civil Statutes of Texas. The district may impose restrictions on the development, use and transfer of any real property or interest in real property in connection with its sale. The commission must determine that the real property is no longer needed for use by the district before its sale.

A district, without the above restriction, may donate, exchange, convey, sell or lease land, improvements, easements, or other interest in real property to an electric utility to promote a public purpose related to the development of the district. The district shall determine the terms and conditions of the transaction such that:

1. it achieves a public purpose;
2. it is consistent with the requirements of the Utilities Code, Title 2

The district may donate, exchange, convey, sell or lease real property interest for less than its fair market value and without complying with notice and bidding requirements. Narrow strips of real property resulting from boundary or surveying conflicts, or from insubstantial encroachments by abutting real property owners for more than 25 years may be abandoned, released, exchanged, or transferred. These may be conveyed for less than fair market value without complying with notice and bidding requirements.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.