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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for adopting a moratorium on the |
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issuance of permits by groundwater conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Water Code, is amended by adding |
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Subchapter M-1 to read as follows: |
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SUBCHAPTER M-1. MORATORIUM ON ISSUING PERMIT |
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Sec. 36.426. PROCEDURE FOR ADOPTING MORATORIUM. A district |
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may not adopt a moratorium on the issuance of a permit or permit |
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amendment unless the district: |
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(1) complies with the notice and hearing procedures |
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prescribed by Section 36.427; and |
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(2) makes written findings supporting the district's |
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determination regarding the issuance, including the district's |
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justification for imposing the moratorium, if applicable. |
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Sec. 36.427. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a) A |
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district may impose a moratorium on the issuance of a permit or |
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permit amendment only after the district conducts a public hearing |
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as provided by this section. The public hearing must provide |
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residents of the district and other affected parties an opportunity |
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to be heard. |
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(b) The district shall publish notice of the date, time, and |
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place of the hearing in a newspaper of general circulation in the |
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district on the fourth day before the date of the hearing. |
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(c) During the period beginning on the fifth business day |
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after the date a notice is published under Subsection (b) and ending |
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on the date the district makes its determination under Subsection |
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(d), a temporary moratorium is imposed. During that period, a |
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district may stop issuing permits or permit amendments. |
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(d) Not later than the 12th day after the date of the public |
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hearing, the district shall make a final determination on whether |
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to impose the moratorium and shall issue written findings |
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supporting the district's determination, including the district's |
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justification for imposing the moratorium, if applicable. |
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Sec. 36.428. EXPIRATION OF MORATORIUM; EXTENSION |
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PROHIBITED. A moratorium imposed under this subchapter expires on |
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the 90th day after the date the district makes its determination |
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under Section 36.427(d) to impose the moratorium. The district may |
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not extend a moratorium imposed under this subchapter. |
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SECTION 2. A moratorium on the issuance of a permit or |
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permit amendment that is adopted by a groundwater conservation |
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district before September 1, 2017, may not continue in effect later |
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than November 30, 2017. |
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SECTION 3. This Act takes effect September 1, 2017. |