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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedural requirements for action by the Texas |
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Commission on Environmental Quality on applications for production |
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area authorizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 27.0513, Water Code, is |
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amended to read as follows: |
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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
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required for groundwater restoration or by Section 27.073 to assure
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that there are sufficient funds available to the state for
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groundwater restoration or the plugging of abandoned wells in the
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area by a third-party contractor]. |
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SECTION 2. Subsections (e) and (f), Section 27.0513, Water |
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Code, are repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for an authorization that is submitted to the |
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Texas Commission on Environmental Quality on or after the effective |
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date of this Act. An application for an authorization that was |
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submitted to the commission before the effective date of this Act is |
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governed by the law in effect at the time the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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* * * * * |