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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of groundwater conservation districts by the |
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state auditor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.018(b), Water Code, is amended to |
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read as follows: |
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(b) The report must include: |
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(1) the names and locations of all priority |
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groundwater management areas and districts created or attempted to |
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be created on or after November 5, 1985, the effective date of |
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Chapter 133 (H.B. No. 2), Acts of the 69th Legislature, Regular |
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Session, 1985; |
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(2) the authority under which each priority |
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groundwater management area and district was proposed for creation; |
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(3) a detailed analysis of each election held to |
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confirm the creation of a district, including analysis of election |
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results, possible reasons for the success or failure to confirm the |
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creation of a district, and the possibility for future voter |
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approval of districts in areas in which attempts to create |
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districts failed; |
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(4) a detailed analysis of the activities of each |
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district created, including those districts which are implementing |
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management plans certified under Section 36.1072; |
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(5) a report on [audits performed on districts under
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Section 36.302 and] remedial actions taken under Section 36.303; |
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(6) recommendations for changes in this chapter and |
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Chapter 36 that will facilitate the creation of priority |
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groundwater management areas and the creation and operation of |
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districts; |
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(7) a report on educational efforts in newly |
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designated priority groundwater management areas; and |
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(8) any other information and recommendations that the |
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commission considers relevant. |
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SECTION 2. Section 36.061(b), Water Code, is amended to |
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read as follows: |
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(b) The state auditor may conduct a financial audit [the
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records] of any district if the state auditor determines that the |
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audit is necessary. |
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SECTION 3. Section 36.1072(f), Water Code, is amended to |
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read as follows: |
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(f) If the executive administrator does not approve the |
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district's management plan, the executive administrator shall |
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provide to the district, in writing, the reasons for the |
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action. Not later than the 180th day after the date a district |
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receives notice that its management plan has not been approved, the |
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district may submit a revised management plan for review and |
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approval. The executive administrator's decision may be appealed |
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to the development board. If the development board decides not to |
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approve the district's management plan on appeal, the district may |
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request that the conflict be mediated. The district and the board |
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may seek the assistance of the Center for Public Policy Dispute |
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Resolution at The University of Texas School of Law or an |
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alternative dispute resolution system established under Chapter |
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152, Civil Practice and Remedies Code, in obtaining a qualified |
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impartial third party to mediate the conflict. The cost of the |
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mediation services must be specified in the agreement between the |
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parties and the Center for Public Policy Dispute Resolution or the |
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alternative dispute resolution system. If the parties do not |
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resolve the conflict through mediation, the decision of the |
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development board not to approve the district's management plan may |
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be appealed to a district court in Travis County. Costs for the |
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appeal shall be set by the court hearing the appeal. An appeal |
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under this subsection is by trial de novo. The commission shall |
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not take enforcement action against a district under Subchapter I |
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until the latest of the expiration of the 180-day period, the date |
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the development board has taken final action withholding approval |
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of a revised management plan, the date the mediation is completed, |
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or the date a final judgment upholding the board's decision is |
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entered by a district court. An enforcement action may not be |
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taken against a district by the commission [or the state auditor] |
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under Subchapter I because the district's management plan and the |
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approved regional water plan are in conflict while the parties are |
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attempting to resolve the conflict before the development board, in |
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mediation, or in court. Rules of the district continue in full |
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force and effect until all appeals under this subsection have been |
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exhausted and the final judgment is adverse to the district. |
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SECTION 4. Section 36.303(a), Water Code, is amended to |
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read as follows: |
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(a) If Section [36.108,] 36.301 or 36.3011[, or 36.302(f)] |
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applies, the commission, after notice and hearing in accordance |
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with Chapter 2001, Government Code, shall take action the |
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commission considers appropriate, including: |
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(1) issuing an order requiring the district to take |
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certain actions or to refrain from taking certain actions; |
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(2) dissolving the board in accordance with Sections |
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36.305 and 36.307 and calling an election for the purpose of |
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electing a new board; |
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(3) requesting the attorney general to bring suit for |
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the appointment of a receiver to collect the assets and carry on the |
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business of the groundwater conservation district; or |
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(4) dissolving the district in accordance with |
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Sections 36.304, 36.305, and 36.308. |
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SECTION 5. Section 36.302, Water Code, is repealed. |
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SECTION 6. 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, 2015. |