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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration and judicial review of a suit |
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involving a groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.251, Water Code, is amended to read as |
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follows: |
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Sec. 36.251. SUIT AGAINST DISTRICT. A person, firm, |
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corporation, or association of persons affected by and dissatisfied |
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with any provision or with any rule or order made by a district is |
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entitled to file a suit against the district or its directors to |
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challenge the validity of the law, rule, or order. The suit shall be |
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filed in a court of competent jurisdiction in Travis County or any |
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county in which the district or any part of the district is located. |
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The suit may only be filed after all administrative appeals to the |
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district are final. |
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SECTION 2. Section 36.253, Water Code, is amended to read as |
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follows: |
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Sec. 36.253. TRIAL OF SUIT. (a) The burden of proof is on |
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the petitioner[, and the challenged law, rule, order, or act shall
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be deemed prima facie valid]. |
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(b) If the challenged law, rule, order, or act was made or |
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taken by the district based on the district's review of the proposal |
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for decision and findings of fact and conclusions of law prepared by |
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an administrative law judge under a hearing conducted by the State |
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Office of Administrative Hearings in accordance with a contract |
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entered into under Section 36.416, the [The] review on appeal is |
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governed by the substantial evidence rule as defined by Section |
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2001.174, Government Code. |
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(c) If the challenged law, rule, order, or act was made or |
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taken by the district on the basis of any procedure other than a |
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hearing conducted by the State Office of Administrative Hearings |
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under a contract in accordance with Section 36.416, the review on |
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appeal is by trial de novo in accordance with Section 2001.173, |
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Government Code. |
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SECTION 3. Sections 36.066(g) and 36.102(d), Water Code, |
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are repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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a suit involving a groundwater conservation district that is filed |
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on or after the effective date of this Act. A suit filed before the |
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effective date of this Act is subject to the law in effect on the |
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date the suit is filed, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |