Bill Text: TX HB2443 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-10 - Effective on 9/1/23 [HB2443 Detail]
Download: Texas-2023-HB2443-Introduced.html
Bill Title: Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-10 - Effective on 9/1/23 [HB2443 Detail]
Download: Texas-2023-HB2443-Introduced.html
88R1160 ANG-F | ||
By: Harris of Anderson | H.B. No. 2443 |
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relating to the authority of certain persons to petition a | ||
groundwater conservation district to change certain rules. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1025 to read as follows: | ||
Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with | ||
groundwater ownership and rights may petition the district where | ||
the property that gives rise to the ownership and rights is located | ||
to adopt a rule or modify a rule adopted under this chapter. | ||
(b) A petition submitted under this section must include: | ||
(1) an explanation of why the adoption or modification | ||
of the rule requested is necessary to be consistent with: | ||
(A) ownership and rights recognized under | ||
Section 36.002; or | ||
(B) conservation or beneficial use of the | ||
groundwater resources located in the district, in regard to either: | ||
(i) the entire district; or | ||
(ii) an aquifer, subdivision of an aquifer, | ||
or geologic strata located in the district; and | ||
(2) proof that the petitioner has complied with the | ||
notice requirements described by Subsection (c). | ||
(c) A petitioner under this section must provide written | ||
notice of the petition to each person with groundwater ownership | ||
and rights in the geographic area that would be affected by the | ||
adoption or modification of the rule described in the petition. | ||
(d) The district shall hold a hearing on a petition | ||
submitted under this section in the same manner as a rulemaking | ||
hearing described by Section 36.101. | ||
(e) After a hearing held under Subsection (d), the district | ||
shall grant or deny the petition and may grant or deny the petition | ||
wholly or partly. The district shall provide an explanation for the | ||
action the district takes on the petition, including a | ||
determination about the consistency of the action with the concerns | ||
raised by the petitioner's explanation required by Subsection | ||
(b)(1). | ||
(f) As soon as practicable after a petition or a portion of a | ||
petition is granted, the district shall engage in rulemaking | ||
consistent with the granted petition or the granted portion of the | ||
petition. | ||
(g) A decision on a petition under Subsection (e) is final | ||
and appealable under Section 36.251. | ||
SECTION 2. This Act takes effect September 1, 2023. |