By Walker H.B. No. 1504
77R5009 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the well permitting process of groundwater conservation
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 36.114, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 36.114. PERMIT; APPLICATION AND HEARING. The district
1-8 shall promptly consider and act [pass] on each application for a
1-9 permit. If, within 20 days after the date it is submitted, an
1-10 application has not been acted [passed] on or set for a hearing on
1-11 a specific date, the applicant may petition the district court of
1-12 the county where the land is located for a writ of mandamus to
1-13 compel the district to act on the application or set a date for a
1-14 hearing on the application. A hearing shall be held within 35 days
1-15 after the setting of the date and the district shall act on the
1-16 application within 35 days after the date of the hearing.
1-17 SECTION 2. This Act takes effect immediately if it receives
1-18 a vote of two-thirds of all the members elected to each house, as
1-19 provided by Section 39, Article III, Texas Constitution. If this
1-20 Act does not receive the vote necessary for immediate effect, this
1-21 Act takes effect September 1, 2001.
1-22 COMMITTEE AMENDMENT NO. 1
1-23 Amend H.B. No. 1504 as follows:
1-24 (1) On page 1, line 8, insert "administratively complete"
2-1 between "each" and "application".
2-2 (2) On page 1, line 9, strike "20 days after the date it"
2-3 and substitute "30 days after the date the administratively
2-4 complete application".
2-5 (3) On page 1, line 16, after "hearing." insert "The
2-6 district may by rule set a time when an application will expire if
2-7 the information requested in the application is not provided to the
2-8 district. An administratively complete application requires
2-9 information set forth in accordance with Section 36.113 and Section
2-10 36.1131."
2-11 Walker