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A BILL TO BE ENTITLED
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AN ACT
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relating to a person obtaining a surety bond before filing a suit |
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against a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 36, Water Code, is amended |
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by adding Section 36.2515 to read as follows: |
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Sec. 36.2515. SURETY BOND REQUIRED. (a) A person shall |
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obtain a surety bond before filing a suit under Section 36.251. The |
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surety bond must cover all legal costs associated with the suit, |
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including: |
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(1) costs that may be incurred by the district and |
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applicant; and |
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(2) the cost of a hearing before the State Office of |
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Administrative Hearings if requested. |
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(b) The bond shall be filed with the clerk of the district |
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court in which the suit is filed pursuant to Section 36.251. |
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(c) If appeal is taken from a decision of the district court |
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affirming the district's decision to issue the permit, the person |
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bringing that appeal shall increase the amount of the bond to cover |
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the following additional costs: |
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(1) the actual costs incurred by the district and the |
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applicant in the district court; and |
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(2) the estimated costs that may be incurred by the |
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district and the applicant if appeal is taken: |
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(i) to the court of appeals, and |
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(ii) to the supreme court |
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(d) If on appeal, the person challenging the issuance of the |
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permit prevails in the final decision, the district court clerk |
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shall return the bond to the person posting it upon receipt of an |
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order from the court authorizing its release. |
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SECTION 2. The changes in law made by this Act apply only to |
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a suit against a groundwater conservation district that is filed on |
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or after the effective date of this Act. A suit against a |
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groundwater conservation district that is filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the suit is filed, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |