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A BILL TO BE ENTITLED
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AN ACT
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relating to security required before filing suit against a |
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groundwater conservation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 36, Water Code, is amended |
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by adding Section 36.2515 to read as follows: |
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Sec. 36.2515. SECURITY REQUIRED. (a) In this section, |
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"security" means a bond or deposit posted by a plaintiff before |
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filing suit against a district or, as provided by the Texas Rules of |
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Appellate Procedure, by a judgment debtor to a district to suspend |
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execution of the judgment during appeal of the judgment. |
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(b) Subject to Section 52.006, Civil Practice and Remedies |
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Code, a district by rule shall establish the amount of security |
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required to file suit under Section 36.251 challenging a rule or |
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order made by the district, including an appeal of a decision on a |
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permit application. Except as provided by Subsection (c), the |
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amount of security required under this section may not exceed |
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$100,000. |
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(c) The amount of security required to be posted by a party |
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to a contested case hearing, other than by the applicant, for the |
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appeal of a decision granting a permit application or permit |
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amendment application under Section 36.251(b) shall be increased by |
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an amount sufficient to cover the applicant's cost to defend the |
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permit or amendment granted by the district against the suit and |
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appeal. The amount of an increase under this subsection may not |
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exceed $100,000. |
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(d) Section 52.006, Civil Practice and Remedies Code, |
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applies to an appeal from a decision of the district court affirming |
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a district's rule, order, or decision on a permit application. The |
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amount of security required under this subsection must equal the |
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sum of: |
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(1) the amount of any civil penalty awarded; |
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(2) interest for the estimated duration of the suit or |
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appeal; and |
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(3) attorney's fees and costs required for the |
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district to defend against the suit and appeal. |
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(e) A security required under this section must be filed |
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into the registry of the district court in which the suit is filed. |
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SECTION 2. The changes in law made by this Act apply only to |
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a suit against a groundwater conservation district that is filed on |
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or after the effective date of this Act. A suit against a |
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groundwater conservation district that is filed before the |
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effective date of this Act is governed by 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 3. This Act takes effect September 1, 2021. |