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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of groundwater conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.066, Water Code, is amended by |
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amending Subsection (g) and adding Subsection (i) to read as |
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follows: |
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(g) If the district prevails in any suit other than a suit in |
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which it voluntarily intervenes, the district may seek and the |
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court may [shall] grant, in the interests of justice and as provided |
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by Subsection (h), in the same action, recovery for attorney's |
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fees, costs for expert witnesses, and other costs incurred by the |
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district before the court. The amount of the attorney's fees shall |
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be fixed by the court. |
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(i) Notwithstanding Section 36.052(a), Subsections (g) and |
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(h) of this section prevail over any other special law inconsistent |
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with those subsections unless the other law prohibits an award of |
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attorney's fees or costs. |
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SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1025 to read as follows: |
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Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with |
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groundwater ownership and rights may petition the district where |
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the property that gives rise to the ownership and rights is located |
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to adopt a rule or modify a rule adopted under this chapter. |
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(b) A petition submitted under this section must include: |
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(1) an explanation of why the adoption or modification |
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of the rule requested is necessary to be consistent with: |
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(A) ownership and rights recognized under |
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Section 36.002; or |
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(B) conservation or beneficial use of the |
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groundwater resources located in the district, in regard to either: |
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(i) the entire district; or |
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(ii) an aquifer, subdivision of an aquifer, |
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or geologic strata located in the district; and |
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(2) proof that the petitioner has complied with the |
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notice requirements described by Subsection (c). |
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(c) A petitioner under this section must provide written |
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notice of the petition to each person with groundwater ownership |
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and rights in the geographic area that would be affected by the |
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adoption or modification of the rule described in the petition. |
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(d) The district may consider the petition at a public |
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hearing or a regularly scheduled board meeting. If a district meets |
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quarterly, the district must grant or deny the petition not later |
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than the 90th day after the date the district received the petition. |
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(e) After a hearing held under Subsection (d), the district |
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shall grant or deny the petition and may grant or deny the petition |
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wholly or partly. The district shall provide an explanation for the |
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action the district takes on the petition, including a |
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determination about the consistency of the action with the concerns |
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raised by the petitioner's explanation required by Subsection |
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(b)(1). |
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(f) As soon as practicable after a petition or a portion of a |
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petition is granted, the district shall engage in rulemaking |
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consistent with the granted petition or the granted portion of the |
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petition. |
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SECTION 3. Section 36.114(h), Water Code, is amended to |
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read as follows: |
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(h) An application is administratively complete if it |
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contains the information set forth under Sections 36.113 and |
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36.1131 and, if applicable, the applicant has submitted proof of |
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notice required under Section 36.1141. A district shall not require |
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that additional information be included in an application for a |
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determination of administrative completeness. |
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SECTION 4. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1141 to read as follows: |
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Sec. 36.1141. NOTICE REQUIRED FOR APPLICATION FOR PERMIT OR |
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PERMIT AMENDMENT. (a) Not later than the date that a person submits |
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an application for a permit or permit amendment to a district, the |
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person shall provide notice by certified mail, return receipt |
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requested, to each person with a real property interest in the |
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groundwater beneath the land within the space prescribed by the |
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district's spacing rules for the proposed or existing well. |
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(b) The notice required under Subsection (a) must inform the |
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recipient of the notice that the recipient may contest the |
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application for the permit or permit amendment. |
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(c) A person who provides notice under Subsection (a) shall |
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submit proof of providing the notice with the person's application |
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for the permit or permit amendment. |
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SECTION 5. Section 36.415, Water Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) For purposes of this section, a person entitled to |
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receive notice under Section 36.1141 is considered to have a |
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personal justiciable interest described by Subsection (b). |
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SECTION 6. Section 36.066, Water Code, as amended by this |
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Act, applies only to a suit involving a groundwater conservation |
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district that is filed on or after the effective date of this Act. A |
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suit filed before the effective date of this Act is subject to the |
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law in effect on the date the suit is filed, and that law is |
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continued in effect for that purpose. |
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SECTION 7. Sections 36.114 and 36.415, Water Code, as |
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amended by this Act, and Section 36.1141, Water Code, as added by |
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this Act, apply only to an application for a permit or permit |
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amendment submitted on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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subject to the law in effect on the date the application is |
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submitted, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2021. |