Bill Text: TX HB3278 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the joint planning of desired future conditions in groundwater management areas.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2023-06-11 - Effective immediately [HB3278 Detail]
Download: Texas-2023-HB3278-Enrolled.html
H.B. No. 3278 |
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relating to the joint planning of desired future conditions in | ||
groundwater management areas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.108, Water Code, is amended by | ||
amending Subsections (d-2) and (d-3) and adding Subsection (d-2a) | ||
to read as follows: | ||
(d-2) The desired future conditions proposed under | ||
Subsection (d) must provide a balance between the highest | ||
practicable level of groundwater production and the conservation, | ||
preservation, protection, recharging, and prevention of waste of | ||
groundwater and control of subsidence in the management area. This | ||
subsection does not prohibit the establishment of desired future | ||
conditions that provide for the reasonable long-term management of | ||
groundwater resources consistent with the management goals under | ||
Section 36.1071(a). The desired future conditions proposed under | ||
Subsection (d) must be approved by a two-thirds vote of all the | ||
district representatives for distribution to the districts in the | ||
management area. A period of not less than 90 days for public | ||
comments begins on the day the proposed desired future conditions | ||
are mailed to the districts. During the public comment period and | ||
after posting notice as required by Section 36.063, each district | ||
shall hold a public hearing on any proposed desired future | ||
conditions relevant to that district. During the public comment | ||
period, the district shall make available in its office a copy of | ||
the proposed desired future conditions and any supporting | ||
materials, such as the documentation of factors considered under | ||
Subsection (d) and groundwater availability model run results. | ||
After the close of the public comment period, the district shall | ||
compile and submit to the district representatives for | ||
consideration at the next joint planning meeting: | ||
(1) a summary of relevant comments received; | ||
(2) [ |
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desired future conditions, and the basis for those [ |
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and | ||
(3) any supporting materials, including new or revised | ||
groundwater availability model run results. | ||
(d-2a) The information compiled and submitted to the | ||
district representatives under Subsection (d-2) must be made | ||
available on a generally accessible Internet website maintained on | ||
behalf of the management area for not less than 30 days. | ||
(d-3) After each [ |
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district has submitted to the district representatives the | ||
information required under Subsection (d-2) and made the | ||
information available for the required period of time under | ||
Subsection (d-2a) [ |
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reconvene for a joint planning meeting to review the information | ||
required under Subsection (d-2) [ |
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suggested revisions to the proposed desired future conditions, | ||
receive public comment, and finally adopt the desired future | ||
conditions for the management area. The desired future conditions | ||
must be approved by a resolution adopted by a two-thirds vote of all | ||
the district representatives not later than January 5, 2022. | ||
Subsequent desired future conditions must be proposed and finally | ||
adopted by the district representatives before the end of each | ||
successive five-year period after that date. The district | ||
representatives shall produce a desired future conditions | ||
explanatory report for the management area and submit to the | ||
development board and each district in the management area proof | ||
that notice was posted for the joint planning meeting, a copy of the | ||
resolution, and a copy of the explanatory report. The report must: | ||
(1) identify each desired future condition; | ||
(2) provide the policy and technical justifications | ||
for each desired future condition; | ||
(3) include documentation that the factors under | ||
Subsection (d) were considered by the districts and a discussion of | ||
how the adopted desired future conditions impact each factor; | ||
(4) list other desired future condition options | ||
considered, if any, and the reasons why those options were not | ||
adopted; and | ||
(5) discuss reasons why recommendations made by | ||
advisory committees and relevant public comments received by the | ||
districts during the public comment period or at the joint planning | ||
meeting were or were not incorporated into the desired future | ||
conditions. | ||
SECTION 2. Section 36.108, Water Code, as amended by this | ||
Act, applies only to the proposal and adoption of a desired future | ||
condition that occurs on or after the effective date of this Act. A | ||
desired future condition proposed or adopted before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
desired future condition was proposed or adopted, and that law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3278 was passed by the House on April | ||
28, 2023, by the following vote: Yeas 139, Nays 5, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3278 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |