Bill Text: TX HB3535 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the management, operation, rulemaking authority, and oversight of groundwater conservation districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-16 - Companion considered in lieu of in committee [HB3535 Detail]
Download: Texas-2013-HB3535-Introduced.html
By: Price | H.B. No. 3535 |
|
||
|
||
relating to the management, operation, rulemaking authority, and | ||
oversight of groundwater conservation districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.1071, Water Code, is amended by | ||
amending Subsections (c) and (f) and adding Subsection (f-1) and | ||
(i) to read as follows: | ||
(c) The commission and the Texas Water Development Board | ||
shall provide technical assistance to a district in the development | ||
of the management plan required under Subsection (a) that [ |
||
may include, if requested by the district, a preliminary review and | ||
comment on the plan prior to final approval by the Texas Water | ||
Development Board [ |
||
commission is requested, the commission shall provide comment not | ||
later than 30 days from the date the request is received. | ||
(f) [ |
||
|
||
management plan and the final [ |
||
Section 36.1072, the district: | ||
(1) may accept applications for permits submitted to | ||
the district under Section 36.113; | ||
(2) may issue interim permits as provided by Section | ||
36.1133; | ||
(3) may [ |
||
(A) [ |
||
registration of, [ |
||
reporting of production from, spacing of, and assessment of fees | ||
based on authorized or actual production of water from new and | ||
existing wells; and | ||
(B) [ |
||
before the district's board; and | ||
(4) [ |
||
(A) adopt any rules limiting the production of | ||
wells, except rules requiring that groundwater produced from a well | ||
be put to a nonwasteful, beneficial use; or | ||
(B) take any action regarding a permit [ |
||
|
||
|
||
than an application for an interim permit [ |
||
|
||
(f-1) After the district's management plan is finally | ||
approved under Section 36.1072, the district shall adopt or amend | ||
rules limiting the production of wells or allocating groundwater | ||
and review and amend the terms of any interim permits issued by the | ||
district as necessary to implement the management plan and achieve | ||
the applicable desired future conditions. The district may not | ||
adopt or amend rules limiting the production of wells or allocating | ||
groundwater if the district fails to: | ||
(1) adopt a management plan as required by this | ||
section; | ||
(2) submit a management plan to the executive | ||
administrator as required by Section 36.1072; and | ||
(3) receive approval of the management plan under | ||
Section 36.1072. | ||
(i) The commission shall take action under section 36.303 | ||
pursuant to a petition filed under Section 36.1082 or on the | ||
commission's own initiative to ensure that all districts in the | ||
state comply with the requirements of this section. | ||
SECTION 2. Section 36.1072, Water Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) Once the executive administrator has granted | ||
administrative approval to [ |
||
plan: | ||
(1) the executive administrator may not revoke but may | ||
require revisions to the approved management plan as provided by | ||
Subsection (g); and | ||
(2) the executive administrator may request | ||
additional information from the district if the information is | ||
necessary to clarify, modify, or supplement previously submitted | ||
material[ |
||
|
||
(c-1) Not later than the 60th day after the date of the | ||
administrative approval of a district's management plan under | ||
Subsection (c), the executive administrator shall review the | ||
management plan to determine whether goals of the management plan | ||
are consistent with the achievement of the desired future | ||
conditions established under Section 36.108(d) that are applicable | ||
to all or part of the district, considering any available | ||
information regarding groundwater levels, and: | ||
(1) request additional information from the district; | ||
(2) recommend that the district make substantive | ||
changes to the management plan; or | ||
(3) approve the management plan. | ||
SECTION 3. Section 36.1073, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment | ||
to a district's [ |
||
executive administrator within 60 days following adoption of the | ||
amendment by the district's board. The executive administrator | ||
shall review and approve any amendment that [ |
||
affects the management plan in accordance with the procedures | ||
established under Section 36.1072. | ||
SECTION 4. Subsection (b), Section 36.1082, Water Code, is | ||
amended to read as follows: | ||
(b) An affected person may file a petition with the | ||
commission requesting an inquiry for any of the following reasons: | ||
(1) a district fails to submit its management plan to | ||
the executive administrator; | ||
(2) a district fails to participate in the joint | ||
planning process under section 36.108; | ||
(3) a district fails to adopt rules; | ||
(4) a district fails to adopt the applicable desired | ||
future conditions adopted by the management area at a joint | ||
meeting; | ||
(5) a district fails to update its management plan | ||
before the second anniversary of the adoption of desired future | ||
conditions by the management area; | ||
(6) a district fails to update its rules to implement | ||
the applicable desired future conditions before the first | ||
anniversary of the date it updated its management plan with the | ||
adopted desired future conditions; | ||
(7) the rules adopted by a district are not designed to | ||
achieve the desired future conditions adopted by the management | ||
area during the joint planning process; | ||
(8) the rules adopted by the district do not achieve | ||
the applicable desired future condition; | ||
(9)( |
||
adequately protected by the rules adopted by a district; or | ||
(10)( |
||
adequately protected due to the failure of a district to enforce | ||
substantial compliance with its rules. | ||
SECTION 5. Section 36.1083(d), Water Code, is amended to | ||
read as follows: | ||
(d) The districts shall prepare [ |
||
[ |
||
hold, after notice, at least one public hearing at a central | ||
location in the management area. After consideration of all public | ||
and development board comments, the districts shall revise the | ||
conditions and submit the conditions to the development board for | ||
review. | ||
SECTION 6. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1133 to read as follows: | ||
Sec. 36.1133. INTERIM PERMITS. (a) Before a district's | ||
first management plan is finally approved under Section 36.1072, a | ||
district may issue an interim permit for any activity regulated by | ||
the district for which a permit is required, subject to: | ||
(1) rules adopted by the district; and | ||
(2) modification of the terms of the interim permit as | ||
necessary to implement the district's management plan and achieve | ||
the applicable desired future conditions after the management plan | ||
is finally approved under that section. | ||
(b) Section 36.113 and the provisions of this chapter | ||
relating to permits issued under that section apply to a permit | ||
issued under this section to the extent those provisions may be made | ||
applicable. | ||
SECTION 7. Section 36.207, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.207. USE OF PRODUCTION [ |
||
SPECIAL LAW. A district may use funds obtained from production | ||
[ |
||
district for any purpose consistent with the district's approved | ||
management plan including, without limitation, making grants, | ||
loans, or contractual payments to achieve, facilitate, or expedite | ||
reductions in groundwater pumping or the development or | ||
distribution of alternative water supplies. | ||
SECTION 8. Section 36.301, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.301. VIOLATIONS RELATED TO [ |
||
MANAGEMENT PLAN. The commission shall take appropriate action | ||
under Section 36.303 if: | ||
(1) a district adopts or amends a rule in violation of | ||
Section 36.1071(f-1); | ||
(2) [ |
||
or to receive approval of the [ |
||
36.1072; | ||
(3) a district fails to timely readopt the management | ||
plan or to submit the readopted management plan to the executive | ||
administrator for approval in accordance with Section 36.1072(e); | ||
(4) the executive administrator determines that a | ||
readopted management plan does not meet the requirements for | ||
approval, and the district has exhausted all appeals;[ |
||
(5) a district fails to submit or receive approval of | ||
an amendment to the management plan under Section 36.1073[ |
||
|
||
SECTION 9. (a) Section 36.1071, Water Code, as amended by | ||
this Act, applies only to the rulemaking authority of a groundwater | ||
conservation district related to a management plan or an amendment | ||
to a management plan that is submitted by the district to the | ||
executive administrator of the Texas Water Development Board for | ||
review and approval on or after the effective date of this Act. A | ||
district's rulemaking authority related to a management plan or an | ||
amendment to a management plan that is submitted to the executive | ||
administrator of the Texas Water Development Board before the | ||
effective date of this Act is governed by the law in effect when the | ||
management plan or amendment was submitted, and the former law is | ||
continued in effect for that purpose. | ||
(b) The change in law made by this Act to Section 36.301, | ||
Water Code, applies only to a violation by a groundwater | ||
conservation district that occurs on or after the effective date of | ||
this Act. A violation that occurs before the effective date of this | ||
Act is governed by the law in effect on the date the violation | ||
occurred, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 10. 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, 2013. |