| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the standard of judicial review for a suit involving a |
|
|
groundwater conservation district. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 36.10835(a), Water Code, is amended to |
|
|
read as follows: |
|
|
(a) A final district order issued under Section 36.1083 may |
|
|
be appealed to a district court with jurisdiction over any part of |
|
|
the territory of the district that issued the order. An appeal |
|
|
under this subsection must be filed with the district court not |
|
|
later than the 45th day after the date the district issues the final |
|
|
order. The case shall be decided under the trial de novo |
|
|
[substantial evidence] standard of review in accordance with |
|
|
Section 2001.173 [as provided by Section 2001.174], Government |
|
|
Code. If the court finds that a desired future condition is |
|
|
unreasonable, the court shall strike the desired future condition |
|
|
and order the districts in the same management area as the district |
|
|
that received the petition to reconvene not later than the 60th day |
|
|
after the date of the court order in a joint planning meeting for |
|
|
the purpose of revising the desired future condition. The |
|
|
districts in the management area shall follow the procedures in |
|
|
Section 36.108 to adopt new desired future conditions applicable to |
|
|
the district that received the petition. |
|
|
SECTION 2. Section 36.253, Water Code, is amended to read as |
|
|
follows: |
|
|
Sec. 36.253. TRIAL OF SUIT. The burden of proof is on the |
|
|
petitioner, and the challenged law, rule, order, or act shall be |
|
|
deemed prima facie valid. The review on appeal is by trial de novo |
|
|
in accordance with Section 2001.173 [governed by the substantial
|
|
|
evidence rule as defined by Section 2001.174], Government Code. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a suit involving a groundwater conservation district that is filed |
|
|
on or after the effective date of this Act. A suit filed before the |
|
|
effective date of this Act is subject to the law in effect on the |
|
|
date the suit is filed, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |