Bill Text: TX SB2027 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the standard of judicial review for a suit involving a groundwater conservation district.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-15 - Left pending in committee [SB2027 Detail]

Download: Texas-2019-SB2027-Introduced.html

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86R5614 TSR-D
By: Perry S.B. No. 2027

A BILL TO BE ENTITLED
AN ACT
relating to the standard of judicial review for a suit involving a
groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.10835(a), Water Code, is amended to
read as follows:
(a) A final district order issued under Section 36.1083 may
be appealed to a district court with jurisdiction over any part of
the territory of the district that issued the order. An appeal
under this subsection must be filed with the district court not
later than the 45th day after the date the district issues the final
order. The case shall be decided under the trial de novo
[substantial evidence] standard of review in accordance with
Section 2001.173 [as provided by Section 2001.174], Government
Code. If the court finds that a desired future condition is
unreasonable, the court shall strike the desired future condition
and order the districts in the same management area as the district
that received the petition to reconvene not later than the 60th day
after the date of the court order in a joint planning meeting for
the purpose of revising the desired future condition. The
districts in the management area shall follow the procedures in
Section 36.108 to adopt new desired future conditions applicable to
the district that received the petition.
SECTION 2. Section 36.253, Water Code, is amended to read as
follows:
Sec. 36.253. TRIAL OF SUIT. The burden of proof is on the
petitioner, and the challenged law, rule, order, or act shall be
deemed prima facie valid. The review on appeal is by trial de novo
in accordance with Section 2001.173 [governed by the substantial
evidence rule as defined by Section 2001.174], Government Code.
SECTION 3. The changes in law made by this Act apply only to
a suit involving a groundwater conservation district that is filed
on or after the effective date of this Act. A suit filed before the
effective date of this Act is subject to the law in effect on the
date the suit is filed, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2019.