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A BILL TO BE ENTITLED
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AN ACT
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relating to a contested case hearing to identify a sensitive |
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feature related to an Edwards Aquifer protection plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 26, Water Code, is amended |
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by adding Section 26.138 to read as follows: |
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Sec. 26.138. CONTESTED CASE HEARING TO DETERMINE SENSITIVE |
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FEATURE FOR PURPOSE OF EDWARDS AQUIFER PROTECTION PLAN. (a) In |
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this section: |
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(1) "Protection plan" means a plan for which a fee may |
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be imposed under Section 26.0461. |
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(2) "Sensitive feature" means a permeable geologic or |
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man-made feature located on the Edwards Aquifer recharge zone or |
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transition zone where: |
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(A) a potential for hydraulic interconnectedness |
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between the surface and the Edwards Aquifer exists; and |
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(B) rapid infiltration to the subsurface may |
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occur. |
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(b) If the commission identifies a sensitive feature in |
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relation to a protection plan and a dispute is raised as to the |
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applicability of rules relating to the Edwards Aquifer to that |
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sensitive feature, the party questioning the identification of the |
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sensitive feature may deliver to the commission a request for a |
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contested case hearing to decide the matter. |
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(c) A request under this section must include: |
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(1) two independent environmental studies from two |
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different professional geologists; and |
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(2) a letter in support of the request from a |
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legislator in whose district the sensitive feature is located. |
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(d) The commission shall grant a request that complies with |
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Subsection (c). The decision of a contested case hearing granted |
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under this section is final as to the identification of a sensitive |
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feature. |
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SECTION 2. This Act takes effect September 1, 2019. |