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SENATE CONCURRENT RESOLUTION
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WHEREAS, Senate Bill No. 1604 has been adopted by the house of |
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representatives and the senate and is being prepared for |
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enrollment; and |
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WHEREAS, The bill contains technical errors that should be |
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corrected; now, therefore, be it |
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RESOLVED by the 80th Legislature of the State of Texas, That |
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the enrolling clerk of the senate be instructed to correct Senate |
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Bill No. 1604 in SECTION 32 of the bill by striking proposed |
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Subsections (d) and (e), Section 27.0513, Water Code, and |
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substituting the following: |
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(d) Notwithstanding Sections 5.551, 5.556, 27.011, and |
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27.018, an application for an authorization submitted after |
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September 1, 2007, is an uncontested matter not subject to a |
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contested case hearing or the hearing requirements of Chapter 2001, |
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Government Code, unless the authorization seeks any of the |
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following: |
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(1) an amendment to a restoration table value; |
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(2) the initial establishment of monitoring wells for |
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any area covered by the authorization, including the location, |
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number, depth, spacing, and design of the monitoring wells, unless |
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the executive director uses the recommendation of an independent |
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third-party expert chosen by the commission; or |
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(3) an amendment to the type or amount of bond required |
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for groundwater restoration or by Section 27.073 to assure that |
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there are sufficient funds available to the state for groundwater |
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restoration or the plugging of abandoned wells in the area by a |
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third-party contractor. |
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(e) The executive director may use an independent |
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third-party expert if: |
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(1) the expert meets the qualifications set by |
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commission rules for such experts; |
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(2) the applicant for the authorization agrees to pay |
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the costs for the work of the expert; and |
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(3) the applicant for the authorization is not |
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involved in the selection of the expert or the direction of the work |
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of the expert. |
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(f) An application seeking approval under Subsections |
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(d)(1)-(3) is subject to the public notice and contested hearing |
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requirements provided in Section 27.018. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.C.R. No. 89 was adopted by the Senate |
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on May 28, 2007. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.C.R. No. 89 was adopted by the House |
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on May 28, 2007. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |