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Amend CSSB 3 by striking SECTION 2.42, Subchapter D, Chapter
36, Water Code (committee printing, page 35, lines 10-60) and
substituting the following:
Sec. 36.125. APPEAL OF DISTRICT ACTION TO DISPUTE
RESOLUTION PANEL. (a) If a dispute arises between a district and a
person affected by an action taken by the district under this
subchapter, either the district or the affected person may file a
petition with the commission requesting the appointment of a
dispute resolution panel to assist the parties in reaching
resolution of the dispute. Any party may within 10 days of the
filing of the petition submit to the commission a written objection
to the appointment of a panel.
(b) A petition filed under this section must include:
(1) the name of and contact information for each
party;
(2) a brief summary of the dispute along with a copy of
any relevant document, including a permit, an application, a
timeline, the district's enabling statute, a rule, a groundwater
management plan, or the groundwater management area plan; and
(3) other information required by the commission.
(c) Not later than the 60th day after the date the petition
is filed, the commission shall review the petition and:
(1) dismiss it if the commission finds that the
petition is baseless, frivolous, fails to present an issue that is
appropriate for panel review, or that there is reasonable basis for
the objection filed under subsection (a); or
(2) select a panel as provided by Subsection (e).
(d) If the petition is dismissed, the commission shall
provide the reasons for the dismissal in writing to the district and
the affected person.
(e) If the petition is not dismissed, the commission shall,
in accordance with an interagency contract, request the Center for
Public Policy Dispute Resolution to select a three-member dispute
resolution panel. The panel shall be selected within 30 days of the
commission's request. All panel members must be individuals who
are not involved or affected by the matter in dispute and whose
expertise and knowledge may be useful in resolving the dispute. The
chair of the panel must also be qualified as an impartial third
party under Chapter 154 of the Texas Civil Practice and Remedies
Code, have expertise in resolving public policy disputes, and have
knowledge of groundwater law in Texas. The panel members' costs
shall be shared equally among the parties, unless agreed to
otherwise. The commission shall compensate the Center for its
costs related to this subsection.
(f) Not later than the 45th day after the date the panel is
selected, the panel shall review the petition and any information
relevant to the petition and begin holding meetings with the
parties to assist them in resolving the dispute. The panel may
consolidate multiple parties, appoint a person to represent
multiple parties, invite additional parties, or dismiss parties as
the panel considers, appropriate. The Texas Water Development
Board and the commission shall provide technical and legal
assistance as requested by the panel.
(g) Not later than the 90th day after the panel's first
meeting with the parties, the panel shall report to the commission
whether the parties have reached a settlement. If
no settlement has been reached, the commission shall dissolve the
panel, and the parties may proceed with any other available remedy,
including those provided under Subchapter H of this chapter.
(h) A court of this state shall take judicial notice of a
dispute resolution panel under this section and may stay an
affected judicial proceeding pending a settlement of the dispute or
the dissolution of the panel.