Bill Text: TX HB2735 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to security required before filing suit against a groundwater conservation district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Water, Agriculture, & Rural Affairs [HB2735 Detail]
Download: Texas-2023-HB2735-Engrossed.html
| By: King of Uvalde | H.B. No. 2735 | |
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| relating to security required before filing suit against a | ||
| groundwater conservation district. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 36, Water Code, is amended | ||
| by adding Section 36.2515 to read as follows: | ||
| Sec. 36.2515. SECURITY REQUIRED. (a) In this section, | ||
| "security" means a bond or deposit posted by a plaintiff before | ||
| filing suit against a district or, as provided by the Texas Rules of | ||
| Appellate Procedure, by a judgment debtor to a district to suspend | ||
| execution of the judgment during appeal of the judgment. | ||
| (b) Subject to Section 52.006, Civil Practice and Remedies | ||
| Code, a district by rule shall establish the amount of security | ||
| required to file suit under Section 36.251 challenging a rule or | ||
| order made by the district, including an appeal of a decision on a | ||
| permit application by a party other than the applicant. Except as | ||
| provided by Subsection (c), the amount of security required under | ||
| this section may not exceed $100,000. | ||
| (c) The amount of security required to be posted by a party | ||
| to a contested case hearing, other than by the applicant, for the | ||
| appeal of a decision granting a permit application or permit | ||
| amendment application under Section 36.251(b) shall be increased by | ||
| an amount sufficient to cover the applicant's cost to defend the | ||
| permit or amendment granted by the district against the suit and | ||
| appeal. The amount of an increase under this subsection may not | ||
| exceed $100,000. | ||
| (d) Section 52.006, Civil Practice and Remedies Code, | ||
| applies to an appeal by a party other than the applicant from a | ||
| decision of the district court affirming a district's rule, order, | ||
| or decision on a permit application. The amount of security | ||
| required under this subsection must equal the sum of: | ||
| (1) the amount of any civil penalty awarded; | ||
| (2) interest for the estimated duration of the suit or | ||
| appeal; and | ||
| (3) attorney's fees and costs required for the | ||
| district to defend against the suit and appeal. | ||
| (e) A security required under this section must be filed | ||
| into the registry of the district court in which the suit is filed. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a suit against a groundwater conservation district that is filed on | ||
| or after the effective date of this Act. A suit against a | ||
| groundwater conservation district that is filed before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the suit is filed, and that law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
