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A BILL TO BE ENTITLED
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AN ACT
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relating to the expiration date of certain permits issued by |
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groundwater conservation districts. |
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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 36.1141 to read as follows: |
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Sec. 36.1141. EXPIRATION OF PERMITS SUBJECT TO LITIGATION. |
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(a) A district shall delay the expiration date of a drilling, |
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operating, or transfer permit, and the expiration of any associated |
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permits issued to the permit holder by the district, if the |
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expiration date occurs while the drilling, operating, or transfer |
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permit holder is a party to litigation concerning the issuance or |
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validity of the permit. |
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(b) The district shall delay the expiration date until: |
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(1) if the litigation ultimately results in the permit |
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being held to be valid, the two-year anniversary of the date on |
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which a final, nonappealable judgment in the litigation concerning |
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the permit is issued; or |
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(2) if the litigation ultimately results in the permit |
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being held invalid, the date on which a final, nonappealable |
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judgment in the litigation concerning the permit is issued. |
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(c) This section does not apply to litigation initiated by |
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the permit holder. |
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(d) This section does not apply to a permit holder who: |
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(1) is delinquent in paying a fee required by the |
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district; |
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(2) is subject to a pending enforcement action for a |
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substantive violation of a district permit, order, or rule that has |
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not been settled by agreement with the district or a final |
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adjudication; or |
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(3) has not paid a civil penalty or has otherwise |
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failed to comply with an order resulting from a final adjudication |
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of a violation of a district permit, order, or rule. |
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SECTION 2. Section 36.1141, Water Code, as added by this |
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Act, applies only to a permit issued on or after January 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2025. |