BILL ANALYSIS

Senate Research Center	H.B. 2443
88R13700 ANG-F	By: Harris, Cody (Perry)
	Water, Agriculture & Rural Affairs
	5/11/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Chapter 36 of the Water Code grants certain rulemaking authority to groundwater conservation districts. However, a person with a real property interest in groundwater is not currently able to petition such a district to change or introduce a rule. In an effort to add a measure of accountability, H.B. 2443 seeks to provide a person with a real property interest in groundwater a method by which they can petition a groundwater conservation district to modify or adopt a rule.

H.B. 2443 amends current law relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 36, Water Code, by adding Section 36.1025, as follows:

Sec. 36.1025.� PETITION TO CHANGE RULES.� (a)� Authorizes a person with a real property interest in groundwater to petition the district where the property that gives rise to the real property interest is located to adopt a rule or modify a rule adopted under Chapter 36 (Groundwater Conservation Districts).

(b)� Requires the district by rule to prescribe the form for a petition submitted under this section and the procedure for the submission, consideration, and disposition of the petition.

(c)� Requires the district, not later than the 90th day after the date the district receives the petition, to:

(1)� deny the petition and provide an explanation for the denial; or

(2)� engage in rulemaking consistent with the granted petition.������

(d)� Prohibits anything in this section from being construed to create a private cause of action for a decision to accept or deny a petition filed under this section.

SECTION 2. Requires a groundwater conservation district to adopt rules to implement Section 36.1025, Water Code, as added by this Act, not later than December 1, 2023.

SECTION 3. Effective date: September 1, 2023.