ELIGIBILITY OF PROJECTS FOR GRANTS; PRIORITIZATION

(a) To be eligible for a grant for a project, a district must: (1) demonstrate that the project includes a leaking water well: (A) that: (i) is located within 2,000 feet of a drinking water well, a water well for livestock or irrigation, or a sensitive wildlife area; or (ii) has seasonal or annual flow to the surface, or a hydrological connection to surface water, including a waterway, intermittent stream, or springs system; and (B) of which: (i) the plug, casing, completion interval, or general integrity is known by the district to be deficient; or (ii) the completion interval is sufficiently proximate to other known intervals or pressurized zones with high concentrations of salinity, chlorides, sulfides, or other hazardous or toxic components; (2) obtain any necessary approval from a surface owner for access to the property where the leaking water well is located; and (3) as necessary and subject to Subsection (b), engage in a bid process to select and hire a contractor or subcontractor to perform the work. (b) Notwithstanding any other law, a contract for work on a project for which a grant is provided under the program: (1) must be awarded to a contractor or subcontractor selected from a list of approved well pluggers maintained by the Railroad Commission of Texas; and (2) may be awarded to the contractor or subcontractor whose bid or proposal the recipient of the grant determines provides the best value for the recipient based on the selection criteria published by the recipient. (c) The commission by rule shall establish criteria for prioritizing projects eligible to receive a grant under the program.