88R3205 SGM-F

By: Ashby H.B. No. 1971

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 36.051, Water Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) A director is disqualified and vacates the office of director if the director is recused from voting on more than one application for a permit or permit amendment or fails to attend two consecutive meetings of the board.

SECTION 2. Section 36.053, Water Code, is amended to read as follows:

Sec. 36.053. QUORUM. (a) Except as provided by Subsection (b), a [A] majority of the membership of the board constitutes a quorum for any meeting, and a concurrence of a majority of the entire membership of the board is sufficient for transacting any business of the district.

(b) For the purposes of making a final decision on a permit or permit amendment application, a board member who is recused from voting does not count towards the quorum requirement under Subsection (a).

SECTION 3. Section 36.409, Water Code, is amended to read as follows:

Sec. 36.409. CONTINUANCE. (a) The presiding officer may continue a hearing from time to time and from place to place without providing notice under Section 36.404.

(b) If the presiding officer continues a hearing without announcing at the hearing the time, date, and location of the continued hearing, the presiding officer must provide notice of the continued hearing by regular mail to the parties.

(c) A continuance may not exceed the time limit for the issuance of a final decision under Section 36.4165.

SECTION 4. Section 36.411, Water Code, is amended to read as follows:

Sec. 36.411. BOARD ACTION. (a) The board shall act on a permit or permit amendment application not later than the 60th day after the date the final hearing on the application is concluded.

(b) The board shall ensure a decision on a permit or permit amendment application is timely rendered in accordance with the provisions set forth in this chapter.

SECTION 5. Section 36.412, Water Code, is amended by amending Subsections (a) and (b) and adding Subsections (a-1) and (b-1) to read as follows:

(a) An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of the board on a permit or permit amendment application by making a request in writing to the board.

(a-1) A party seeking to appeal a decision by the board must request [by requesting] written findings and conclusions not later than the 20th day after the date of the board's decision. This subsection does not apply to a decision issued under Section 36.4165(e).

(b) On receipt of a timely written request under Subsection (a-1), the board shall make written findings and conclusions regarding a decision of the board on a permit or permit amendment application. The board shall provide certified copies of the findings and conclusions to the person who requested them, and to each designated party, not later than the 35th day after the date the board receives the request.

(b-1) A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings and conclusions.

SECTION 6. Section 36.413(a), Water Code, is amended to read as follows:

(a) A decision by the board on a permit or permit amendment application is final if:

(1) [if] a request for rehearing is not filed on time, on the expiration of the period for filing a request for rehearing; [or]

(2) [if] a request for rehearing is filed on time, on the date:

(A) the board denies the request for rehearing; or

(B) the board renders a written decision after rehearing; or

(3) the decision is issued under Section 36.4165(e).

SECTION 7. Section 36.4165, Water Code, is amended by adding Subsections (c), (d), (e), and (f) to read as follows:

(c) A final decision issued by the board under this section must be in writing and must either adopt the proposed findings of fact and conclusions of law as proposed by the administrative law judge or include revised findings of fact and conclusions of law consistent with Subsection (b). A request from a party for findings of fact or conclusions of law is not required under this section.

(d) Notwithstanding any other law, a board shall issue a final decision under this section, including final disposition of all motions for rehearing, not later than the 180th day after the date of receipt of the proposal for a final decision unless otherwise agreed to by the applicant.

(e) If the administrative law judge recommends granting one or more permit or permit amendment applications and the board fails to issue a final decision as required by Subsection (d), the board is considered to have adopted the recommendations of the administrative law judge as a final order on the 181st day after the date the administrative law judge issued the recommendation.

(f) A decision under Subsection (e) is final, immediately appealable, and not subject to a motion for rehearing.

SECTION 8. (a) The changes in law made by this Act apply to an application for a permit or permit amendment submitted on or after the effective date of this Act. An application for a permit or permit amendment submitted before the effective date of this Act is governed by the law in effect at the time the application was submitted, and the former law is continued in effect for that purpose.

(b) A decision under Section 36.4165, Water Code, for which an administrative law judge recommends granting a permit or permit amendment application that has been pending before a district for more than 180 days on the effective date of this Act is considered adopted as a final order subject to immediate appeal and not subject to a motion for rehearing.

SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.