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AN ACT
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relating to the authority of certain persons to petition a |
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groundwater conservation district to change certain rules. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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a real property interest in groundwater may petition the district |
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where the property that gives rise to the real property interest is |
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located to adopt a rule or modify a rule adopted under this chapter. |
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(b) The district by rule shall prescribe the form for a |
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petition submitted under this section and the procedure for the |
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submission, consideration, and disposition of the petition. |
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(c) Not later than the 90th day after the date the district |
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receives the petition, the district shall: |
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(1) deny the petition and provide an explanation for |
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the denial; or |
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(2) engage in rulemaking consistent with the granted |
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petition. |
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(d) Nothing in this section may be construed to create a |
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private cause of action for a decision to accept or deny a petition |
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filed under this section. |
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SECTION 2. Not later than December 1, 2023, a groundwater |
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conservation district shall adopt rules to implement Section |
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36.1025, Water Code, as added by this Act. |
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SECTION 3. This 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. 2443 was passed by the House on May 5, |
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2023, by the following vote: Yeas 144, 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. 2443 was passed by the Senate on May |
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21, 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 |