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House Bill 2729 |
House Author: Minjarez |
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Effective: 9-1-19 |
Senate Sponsor: Campbell |
House Bill 2729 amends session law to revise and update provisions relating to the Edwards Aquifer Authority. The bill explicitly exempts the authority from statutory groundwater conservation district provisions and sets out provisions relating to the ineligibility, liability, and immunity of an authority director. The bill authorizes an applicant in a contested or uncontested hearing on an application or a party to a contested hearing to administratively appeal a decision of the authority's board of directors on an application and sets out related provisions regarding findings of fact and conclusions of law by the board, a request for a rehearing, and when a board decision on an application is final.
House Bill 2729 repeals a requirement that the authority develop a 20-year plan for providing alternative supplies of water to the region and removes certain provisions and requirements relating to the authority's critical period management plan. The bill prohibits the authority from increasing aquifer management fees by more than eight percent per year. The bill replaces the requirement that the authority impose a permit application fee with an authorization to impose such fee. The bill authorizes the authority to impose fees to recover administrative costs associated with actions other than the filing and processing of applications and registrations and prohibits the fees from unreasonably exceeding the administrative costs. The bill provides for the closing or capping of an open or uncovered well within authority territory.
House Bill 2729 entitles a person, firm, corporation, or association of persons affected by and dissatisfied with any provision or with any rule or order made by the authority to file a suit against the authority or its directors to challenge the validity of the law, rule, or order and sets out related provisions. The bill requires the authority to prepare and deliver a biennial report to the Edwards Aquifer Legislative Oversight Committee on the authority's operations, which must contain a summary of issues related to the authority's operations that affect the continuing implementation of the authority's enabling legislation or require an amendment to that legislation. The bill amends the Water Code to make a conforming change.