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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a groundwater conservation district to |
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regulate groundwater withdrawals from certain wells and the review |
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of the duties of a groundwater conservation district by the Texas |
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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. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.125 to read as follows: |
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Sec. 36.125. PROHIBITION ON CERTAIN RESTRICTIONS. A |
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district may not impose restrictions that reduce the rate or amount |
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of groundwater production from a well that is used wholly or partly |
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for a purpose that is permitted or authorized by the commission |
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while the district is considering whether to renew the operating |
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permit for the well or if the district has issued drought |
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restrictions that would otherwise apply to the well unless the |
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district finds, after a hydrologic evaluation, that failure to |
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impose the restrictions would substantially impair groundwater |
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production from other wells or cause irreparable harm to |
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groundwater resources. |
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SECTION 2. Section 36.3011, Water Code, is amended by |
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amending Subsections (b), (d), and (h) and adding Subsections |
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(d-1), (d-2), (d-3), (e-1), (e-2), (e-3), and (e-4) to read as |
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follows: |
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(b) An affected person may file a petition with the |
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commission requesting an inquiry for any of the following reasons: |
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(1) a district fails to submit its management plan to |
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the executive administrator; |
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(2) a district fails to participate in the joint |
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planning process under Section 36.108; |
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(3) a district fails to adopt rules; |
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(4) a district fails to adopt the applicable desired |
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future conditions adopted by the management area at a joint |
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meeting; |
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(5) a district fails to update its management plan |
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before the second anniversary of the adoption of desired future |
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conditions by the management area; |
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(6) a district fails to update its rules to implement |
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the applicable desired future conditions before the first |
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anniversary of the date it updated its management plan with the |
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adopted desired future conditions; |
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(7) the rules adopted by a district are not designed to |
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achieve the adopted desired future conditions; |
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(8) the groundwater in the management area is not |
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adequately protected by the rules adopted by a district; [or] |
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(9) the groundwater in the management area is |
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not adequately protected due to the failure of a district to |
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enforce substantial compliance with its rules; or |
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(10) a district imposes a restriction on groundwater |
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production that violates Section 36.125. |
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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 must [may] be an |
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employee of the commission. The recording secretary shall record |
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and document the proceedings of the panel. |
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(d-1) A review panel established under Subsection (d) is an |
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advisory body to the commission and not a governmental body under |
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Chapter 551 or 552, Government Code. |
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(d-2) The commission shall reimburse a member appointed to |
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the review panel for actual expenses incurred while engaging in |
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activities on behalf of the review panel. To be eligible for |
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reimbursement, the member must file with the executive director a |
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verified statement, including any relevant receipts, describing |
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the expenses incurred. A member appointed to the review panel is |
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not entitled to a fee of office or other compensation for serving on |
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the review panel. |
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(d-3) The records and documents of the recording secretary |
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of the proceedings of the review panel must be provided to the |
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executive director and are public information under Chapter 552, |
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Government Code. |
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(e-1) Not later than the seventh day before the date of a |
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public meeting or public hearing of the review panel under |
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Subsection (e), the executive director shall provide notice of any |
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public meeting or public hearing the review panel is directed to |
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conduct by: |
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(1) posting notice on the commission's Internet |
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website; and |
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(2) delivering 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 that is the subject of the petition. |
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(e-2) The commission or the review panel may submit a |
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written request to the executive administrator for assistance on a |
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technical issue related to the petition. The executive |
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administrator shall provide the technical assistance not later than |
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the 120th day after the date the executive administrator receives |
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the request. A deadline under Subsection (c), (e), or (h) is |
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extended by 120 days if a request for technical assistance is |
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submitted to the executive administrator during a review phase |
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under that subsection. |
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(e-3) On request from a member of the review panel, the |
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office of public interest counsel of the commission shall provide |
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legal advice and assistance to the review panel. Notwithstanding |
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Section 5.273, the office of public interest counsel: |
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(1) may not participate as a party in an inquiry under |
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this section; and |
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(2) has no duty or responsibility to represent the |
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public interest or otherwise in an inquiry except as provided by |
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this subsection. |
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(e-4) Subsections (e-2) and (e-3) do not prohibit a member |
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of the review panel from using the member's own technical |
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consultant or legal counsel. |
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(h) Not later than the 45th day after receiving the review |
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panel's report under this section, the executive director or the |
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commission shall take action to implement any or all of the panel's |
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recommendations. The commission may take any action against a |
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district it considers necessary in accordance with Section 36.303 |
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if the commission finds that: |
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(1) the district has failed to submit its management |
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plan to the executive administrator; |
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(2) the district has failed to participate in the |
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joint planning process under Section 36.108; |
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(3) the district has failed to adopt rules; |
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(4) the district has failed to adopt the applicable |
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desired future conditions adopted by the management area at a joint |
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meeting; |
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(5) the district has failed to update its management |
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plan before the second anniversary of the adoption of desired |
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future conditions by the management area; |
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(6) the district has failed to update its rules to |
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implement the applicable desired future conditions before the first |
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anniversary of the date it updated its management plan with the |
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adopted desired future conditions; |
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(7) the rules adopted by the district are not designed |
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to achieve the desired future conditions adopted by the management |
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area during the joint planning process; |
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(8) the groundwater in the management area is not |
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adequately protected by the rules adopted by the district; [or] |
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(9) the groundwater in the management area is not |
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adequately protected because of the district's failure to enforce |
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substantial compliance with its rules; or |
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(10) the district has imposed a restriction on |
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groundwater production that violates Section 36.125. |
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SECTION 3. The changes in law made by this Act apply to a |
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petition requesting an inquiry regarding the duties of a |
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groundwater conservation district filed with the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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A petition filed with the Texas Commission on Environmental Quality |
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before the effective date of this Act is governed by the law in |
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effect on the date the petition was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. 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, 2025. |
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