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AN ACT
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relating to the procedures for acting on a permit or permit |
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amendment application by a groundwater conservation district and |
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the disqualification of board members of groundwater conservation |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.053, Water Code, is amended to read as |
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follows: |
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Sec. 36.053. QUORUM. (a) Except as provided by Subsection |
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(b), a [A] majority of the membership of the board constitutes a |
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quorum for any meeting, and a concurrence of a majority of the |
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entire membership of the board is sufficient for transacting any |
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business of the district. |
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(b) For the purposes of making a final decision on a permit |
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or permit amendment application by a board composed of 10 or more |
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directors, a concurrence of a majority of the directors eligible to |
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vote is sufficient for taking an action on the application. |
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SECTION 2. Section 36.058, Water Code, is amended to read as |
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follows: |
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Sec. 36.058. CONFLICTS OF INTEREST. (a) A director of a |
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district is subject to the provisions of Chapters 171 and 176, Local |
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Government Code, relating to the regulation of conflicts of |
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officers of local governments. |
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(b) If a director is required to file an affidavit under |
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Section 171.004(a), Local Government Code, the director may not: |
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(1) attend a closed meeting related to the matter for |
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which the director is required to file the affidavit; and |
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(2) vote on a matter for which the director is required |
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to file the affidavit unless a majority of the directors are also |
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required to file an affidavit related to a similar interest on the |
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same official action. |
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SECTION 3. Section 36.409, Water Code, is amended to read as |
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follows: |
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Sec. 36.409. CONTINUANCE. (a) The presiding officer may |
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continue a hearing from time to time and from place to place without |
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providing notice under Section 36.404. |
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(b) If the presiding officer continues a hearing without |
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announcing at the hearing the time, date, and location of the |
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continued hearing, the presiding officer must provide notice of the |
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continued hearing by regular mail to the parties. |
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(c) A continuance may not exceed the time limit for the |
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issuance of a final decision under Section 36.4165. |
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SECTION 4. Section 36.411, Water Code, is amended to read as |
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follows: |
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Sec. 36.411. BOARD ACTION. (a) The board shall act on a |
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permit or permit amendment application not later than the 60th day |
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after the date the final hearing on the application is concluded. |
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(b) The board shall ensure a decision on a permit or permit |
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amendment application is timely rendered in accordance with the |
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provisions set forth in this chapter. |
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SECTION 5. The heading to Section 36.412, Water Code, is |
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amended to read as follows: |
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Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS OF FACT AND |
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CONCLUSIONS OF LAW. |
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SECTION 6. Section 36.412, Water Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1), |
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(b-1), and (f) to read as follows: |
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(a) An applicant in a contested or uncontested hearing on an |
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application or a party to a contested hearing may administratively |
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appeal a decision of the board on a permit or permit amendment |
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application by making a request in writing to the board. |
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(a-1) A party seeking to appeal a decision by the board must |
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request [by requesting] written findings of fact and conclusions of |
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law not later than the 20th day after the date of the board's |
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decision unless the board issued findings of fact and conclusions |
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of law as part of the final decision. |
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(b) On receipt of a timely written request under Subsection |
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(a-1), the board shall make written findings of fact and |
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conclusions of law regarding a decision of the board on a permit or |
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permit amendment application. The board shall provide certified |
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copies of the findings of fact and conclusions of law to the person |
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who requested them, and to each designated party, not later than the |
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35th day after the date the board receives the request. |
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(b-1) A party to a contested hearing may request a rehearing |
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not later than the 20th day after the date the board issues the |
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findings of fact and conclusions of law. |
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(f) The board shall consolidate requests for rehearing |
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filed by multiple parties to the contested case hearing, but only |
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one rehearing may be considered per matter. |
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SECTION 7. Section 36.4165, Water Code, is amended by |
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adding Subsections (c), (d), (e), (f), and (g) to read as follows: |
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(c) A final decision issued by the board under this section |
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must be in writing and must either adopt the proposed findings of |
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fact and conclusions of law as proposed by the administrative law |
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judge or include revised findings of fact and conclusions of law |
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consistent with Subsection (b). |
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(d) Notwithstanding any other law, a board shall issue a |
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final decision under this section not later than the 180th day after |
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the date of receipt of the final proposal for decision from the |
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State Office of Administrative Hearings. The deadline may be |
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extended if all parties agree to the extension. |
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(e) Notwithstanding any other law, if a motion for rehearing |
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is filed and granted by a board under Section 36.412, the board |
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shall make a final decision on the application not later than the |
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90th day after the date of the decision by the board that was |
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subject to the motion for rehearing. |
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(f) A board is considered to have adopted a final proposal |
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for decision of the administrative law judge as a final order on the |
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181st day after the date the administrative law judge issued the |
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final proposal for decision if the board has not issued a final |
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decision by: |
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(1) adopting the findings of fact and conclusions of |
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law as proposed by the administrative law judge; or |
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(2) issuing revised findings of fact and conclusions |
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of law as provided by Subsection (b). |
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(g) A proposal for decision adopted under Subsection (f) is |
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final, immediately appealable, and not subject to a request for |
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rehearing. |
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SECTION 8. The changes in law made by this Act apply to an |
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application for a permit or permit amendment submitted on or after |
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the effective date of this Act. An application for a permit or |
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permit amendment submitted before the effective date of this Act is |
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governed by the law in effect at the time the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1971 was passed by the House on April |
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26, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1971 was passed by the Senate on May |
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16, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |