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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency orders concerning water rights issued by the |
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executive director of the Texas Commission on Environmental |
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Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.053, Water Code, is amended by adding |
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Subsections (b-1), (b-2), (b-3), and (b-4) and amending Subsection |
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(c) to read as follows: |
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(b-1) The executive director shall notify the water rights |
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holders who may be affected by an order proposed to be issued under |
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this section of the proposed order not later than the 30th day |
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before the date the proposed order takes effect. |
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(b-2) Not later than the 14th day after the date a person |
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receives the notice, the person may request that the commission |
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hold a hearing to affirm, modify, or set aside the proposed order. |
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(b-3) If the commission receives a request under Subsection |
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(b-2), the commission shall hold a hearing on the proposed order |
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before the date the proposed order takes effect. At or following the |
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hearing, but not later than the date the proposed order takes |
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effect, the commission shall affirm, modify, or set aside the |
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proposed order. |
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(b-4) If a person files a petition for judicial review under |
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Subchapter I, Chapter 5, of a commission decision issued under this |
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section, the court shall expedite review of the decision. |
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(c) The commission shall adopt rules to implement this |
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section, including rules: |
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(1) defining a drought or other emergency shortage of |
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water that is not caused by a drought for purposes of this section; |
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and |
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(2) specifying the: |
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(A) conditions under which the executive |
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director may issue an order under this section; |
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(B) terms of an order issued under this section, |
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including the maximum duration of a temporary suspension or |
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adjustment under this section; and |
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(C) procedures for notice of and[,] an |
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opportunity for a hearing on[, and the appeal to the commission of] |
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an order issued under this section. |
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SECTION 2. This Act takes effect September 1, 2013. |