H.B. No. 4112
 
 
 
 
AN ACT
  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[:
               [(1)]  entitle the landowner, including a landowner's
  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 [, but does] not:
               (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 [and]
               (2)  [do not] affect the existence of common law
  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