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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 82nd |
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Legislature, Regular Session, 2011, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 660 (review and functions of the Texas Water |
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Development Board, including the functions of the board and |
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related entities in connection with the process for establishing |
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and appealing desired future conditions in a groundwater |
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management area), to consider and take action on the following |
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matters: |
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(1) Senate Rules 12.03(1) and (4) are suspended to permit |
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the committee to change text not in disagreement and to add text |
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on a matter not included in either the house or senate version of |
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the bill in proposed Section 17 of the bill, by adding Section |
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36.1083, Water Code, to read as follows: |
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Sec. 36.1083. APPEAL OF DESIRED FUTURE CONDITIONS. |
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(a) In this section, "development board" means the Texas Water |
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Development Board. |
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(b) [(l)] A person with a legally defined interest in the |
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groundwater in the [groundwater] management area, a district in |
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or adjacent to the [groundwater] management area, or a regional |
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water planning group for a region in the [groundwater] management |
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area may file a petition with the development board appealing the |
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approval of the desired future conditions of the groundwater |
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resources established under this section. The petition must |
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provide evidence that the districts did not establish a |
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reasonable desired future condition of the groundwater resources |
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in the [groundwater] management area. |
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(c) [(m)] The development board shall review the |
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petition and any evidence relevant to the petition. The |
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development board shall hold at least one hearing at a central |
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location in the management area to take testimony on the |
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petition. The development board may delegate responsibility for |
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a hearing to the executive administrator or to a person |
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designated by the executive administrator. If the development |
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board finds that the conditions require revision, the |
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development board shall submit a report to the districts that |
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includes a list of findings and recommended revisions to the |
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desired future conditions of the groundwater resources. |
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(d) [(n)] The districts shall prepare a revised plan in |
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accordance with development board recommendations and hold, |
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after notice, at least one public hearing at a central location |
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in the [groundwater] management area. After consideration of all |
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public and development board comments, the districts shall |
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revise the conditions and submit the conditions to the |
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development board for review. |
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Explanation: This change is necessary to restore language |
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in current law regarding the method for appealing desired future |
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conditions that was bracketed out by the house and senate |
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versions of the bill. |
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(2) Senate Rule 12.03(1) is suspended to permit the |
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committee to change text not in disagreement in proposed Section |
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24 of the bill to read as follows: |
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SECTION 24. The requirement that a groundwater |
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conservation district's management plan under Subsection (a), |
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Section 36.1071, Water Code, as amended by this Act, include the |
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desired future conditions adopted under Section 36.108, Water |
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Code, as amended by this Act, for submission to the executive |
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administrator of the Texas Water Development Board before the |
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plan is considered administratively complete applies only to a |
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district management plan submitted to the executive |
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administrator on or after the effective date of this Act. A |
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management plan submitted before the effective date of this Act |
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is governed by the law in effect on the date the plan was |
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submitted, and that law is continued in effect for that purpose. |
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Explanation: This change is necessary to correct an error |
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in a cross-reference. |
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(3) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in Section 25 of the |
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senate and house versions of the bill that reads as follows: |
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SECTION 25. A petition filed and pending on the effective |
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date of this Act before the Texas Water Development Board to |
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appeal the adoption of desired future conditions by a groundwater |
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management area under former Subsection (l), Section 36.108, |
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Water Code, shall be handled by the Texas Water Development Board |
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in compliance with Subsections (l), (m), and (n), Section 36.108, |
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Water Code, as those subsections existed before the effective |
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date of this Act. |
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Explanation: This change is necessary to reflect the |
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addition of Section 36.1083, Water Code, which restores language |
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in current law that was bracketed out by the house and senate |
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versions of the bill. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 29, 2011, by |
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the |
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_______________________________ |
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Secretary of the Senate |