1-1 By: Walker (Senate Sponsor - Bivins) H.B. No. 1504
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 2, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 2, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the well permitting process of groundwater conservation
1-9 districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 36.114, Water Code, is amended to read as
1-12 follows:
1-13 Sec. 36.114. PERMIT; APPLICATION AND HEARING. The district
1-14 shall promptly consider and act [pass] on each administratively
1-15 complete application for a permit. If, within 30 [20] days after
1-16 the date the administratively complete application [it] is
1-17 submitted, an application has not been acted [passed] on or set for
1-18 a hearing on a specific date, the applicant may petition the
1-19 district court of the county where the land is located for a writ
1-20 of mandamus to compel the district to act on the application or set
1-21 a date for a hearing on the application. A hearing shall be held
1-22 within 35 days after the setting of the date and the district shall
1-23 act on the application within 35 days after the date of the
1-24 hearing. The district may by rule set a time when an application
1-25 will expire if the information requested in the application is not
1-26 provided to the district. An administratively complete application
1-27 requires information set forth in accordance with Sections 36.113
1-28 and 36.1131.
1-29 SECTION 2. This Act takes effect immediately if it receives
1-30 a vote of two-thirds of all the members elected to each house, as
1-31 provided by Section 39, Article III, Texas Constitution. If this
1-32 Act does not receive the vote necessary for immediate effect, this
1-33 Act takes effect September 1, 2001.
1-34 * * * * *