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A BILL TO BE ENTITLED
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AN ACT
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relating to a petition for inquiry of a groundwater conservation |
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district before the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.3011, Water Code, is amended by |
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amending Subsection (d) and adding Subsections (d-1), (d-2), (e-1), |
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and (e-2) to read as follows: |
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(d) If the petition is not dismissed under Subsection (c), |
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the commission shall appoint a review panel consisting of a |
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chairperson and four other members. A director or general manager |
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of a district located outside the management area that is the |
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subject of the petition may be appointed to the review panel. The |
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commission may not appoint more than two members of the review panel |
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from any one district. The commission also shall appoint a |
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disinterested person to serve as a nonvoting recording secretary |
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for the review panel. The recording secretary shall [may] be an |
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employee of the commission. |
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(d-1) A member of the review panel is not entitled to a fee |
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of office or other compensation for serving on the review panel, but |
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is entitled to receive from the commission reimbursement of actual |
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expenses reasonably and necessarily incurred while engaging in |
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activities on behalf of the review panel. In order to receive |
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reimbursement for expenses, each review panel member shall file |
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with the executive director a verified statement describing the |
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expenses incurred and including any relevant receipts. |
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(d-2) The review panel serves only in an advisory role to |
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the commission. The review panel is not a governmental body under |
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Chapters 551 or 552, Government Code. The records and documents of |
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the recording secretary of the proceedings of the review panel |
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prepared under Subsection (d) shall be provided to the executive |
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director and are public information under Chapter 552, Government |
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Code. The executive director shall provide notice of any public |
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meeting or public hearing required under Subsection (e) upon |
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request from the review panel not less than seven days prior to the |
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date of the public meeting or public hearing by: |
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(1) posting notice on the commission's Internet |
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website; |
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(2) providing notice by regular mail to: |
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(A) the district that is the subject of the |
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petition; |
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(B) the petitioner; and |
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(C) the county clerk of each county in the |
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district. |
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(e-1) The commission or the review panel may request |
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assistance on technical issues involved in the petition from the |
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Texas Water Development Board by submitting a written request to |
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the executive administrator. The executive administrator shall |
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provide the technical assistance requested through a written |
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response no later than 120 days after receiving the request. A |
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deadline set forth under Subsections (c), (e), or (h) is extended by |
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120 days if a request for technical assistance is submitted to the |
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executive administrator during that phase of the petition review. |
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(e-2) The office of public interest counsel shall provide |
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legal advice and assistance to the review panel upon request from a |
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member of the review panel. Notwithstanding Section 5.273 or any |
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other law, the public interest counsel shall not participate as a |
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party in an inquiry under this section and shall have no duties or |
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responsibilities to represent the public interest or otherwise in |
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an inquiry except as provided by this subsection. |
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SECTION 2. 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, 2023. |