Bill Text: TX SB638 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-28 - Referred to Natural Resources [SB638 Detail]
Download: Texas-2023-SB638-Introduced.html
Bill Title: Relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-28 - Referred to Natural Resources [SB638 Detail]
Download: Texas-2023-SB638-Introduced.html
By: Springer | S.B. No. 638 | |
|
||
|
||
relating to the governance and decision-making of groundwater | ||
conservation districts in contested cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
Section 1. Texas Water Code Sec. 36.0015, subsection (b), is | ||
amended as follows: | ||
(b) In order to provide for the conservation, preservation, | ||
protection, recharging, and prevention of waste of groundwater, and | ||
of groundwater reservoirs or their subdivisions, and to control | ||
subsidence caused by withdrawal of water from those groundwater | ||
reservoirs or their subdivisions, consistent with the objectives of | ||
Section 59, Article XVI, Texas Constitution, groundwater | ||
conservation districts may be created as provided by this chapter. | ||
Groundwater conservation districts created as provided by this | ||
chapter are the state's preferred method of groundwater management | ||
in order to protect property rights, balance the conservation and | ||
development of groundwater to meet the needs of this state, and use | ||
the best available science in the conservation and development of | ||
groundwater through rules and procedures developed, adopted, and | ||
promulgated by a district in accordance with the provisions of this | ||
chapter. | ||
Section 2. Texas Water Code Sec. 36.003 is added as | ||
follows: | ||
36.003. IMPORTANCE OF GROUNDWATER TO THE STATE'S | ||
ECONOMIC GROWTH. The legislature recognizes that timely decisions | ||
regarding production and transport of private groundwater are | ||
essential to the state's continued economic development. Delays in | ||
such decisions substantially increase uncertainty and expense, and | ||
thereby have a detrimental impact on the state's ability to | ||
competitively attract businesses. Accordingly, districts should | ||
ensure timely decisions in accordance with the procedures set forth | ||
in this chapter. | ||
Section 3. Texas Water Code Sec. 36.051 is amended by adding | ||
subsection (c-1) as follows: | ||
(c-1) A director who has been recused from voting on more | ||
than one application for a permit or permit amendment or fails to | ||
attend meetings two consecutive meetings of the district board | ||
shall be disqualified from further service on the Board. The | ||
resulting vacant position shall be filled as provided by this | ||
chapter or as prescribed by the district's enabling legislation. | ||
Section 4. Texas Water Code Sec. 36.053 is amended as | ||
follows: | ||
(a) A majority of the membership of the board constitutes a | ||
quorum for any meeting, and a concurrence of a majority of the | ||
entire membership of the board is sufficient for transacting any | ||
business of the district, except as provided by subsection (b). | ||
(b) For purposes of reaching a final decision on a permit or | ||
permit amendment application, any board member who is recused from | ||
voting or fails to attend shall not count towards the quorum or | ||
majority requirements set forth in subsection (a). | ||
Section 5. Texas Water Code Sec. 36.409 is amended as | ||
follows: | ||
The presiding officer may continue a hearing from time to | ||
time and from place to place without providing notice under Section | ||
36.404; however, in no event shall such continuance exceed the time | ||
limits prescribed for issuance of a final decision as set forth in | ||
Section 36.4165. If the presiding officer continues a hearing | ||
without announcing at the hearing the time, date, and location of | ||
the continued hearing, the presiding officer must provide notice of | ||
the continued hearing by regular mail to the parties. | ||
Section 6. Texas Water Code Sec. 36.412 is amended as | ||
follows: | ||
(a) An applicant in a contested or uncontested hearing on an | ||
application or a party to a contested hearing may administratively | ||
appeal a decision of the board on a permit or permit amendment | ||
application. Except for decisions by the board under Section | ||
36.4165, a party seeking to appeal a decision by the board must | ||
request |
||
than the 20th day after the date of the board's decision. | ||
(b) On receipt of a timely written request required by | ||
subsection (a), the board shall make written findings and | ||
conclusions regarding a decision of the board on a permit or permit | ||
amendment application. The board shall provide certified copies of | ||
the findings and conclusions to the person who requested them, and | ||
to each designated party, not later than the 35th day after the date | ||
the board receives the request. | ||
(c) A party to a contested hearing may request a rehearing | ||
not later than the 20th day after the date the board issues the | ||
findings and conclusions. | ||
(d |
||
office and must state the grounds for the request. If the original | ||
hearing was a contested hearing, the party requesting a rehearing | ||
must provide copies of the request to all parties to the hearing. | ||
(e |
||
shall schedule the rehearing not later than the 45th day after the | ||
date the request is granted. | ||
(f |
||
rehearing before the 91st day after the date the request is | ||
submitted is a denial of the request. | ||
Section 7. Texas Water Code Sec. 36.413 is amended as | ||
follows: | ||
(a) A decision by the board on a permit or permit amendment | ||
application is final: | ||
(1) if a request for rehearing is not filed on time, on | ||
the expiration of the period for filing a request for rehearing; or | ||
(2) if a request for rehearing is filed on time, on the | ||
date: | ||
(A) the board denies the request for rehearing; | ||
or | ||
(B) the board renders a written decision after | ||
rehearing, or | ||
(3) as provided by section 36.4165(e). | ||
(b) Except as provided by Subsection (c), an applicant or a | ||
party to a contested hearing may file a suit against the district | ||
under Section 36.251 to appeal a decision on a permit or permit | ||
amendment application not later than the 60th day after the date on | ||
which the decision becomes final. | ||
(c) An applicant or a party to a contested hearing may not | ||
file suit against the district under Section 36.251 if a request for | ||
rehearing was not filed on time unless no such request is required | ||
under section 36.4165(e). | ||
Section 8. Texas Water Code Sec. 36.4165 is amended as | ||
follows: | ||
(a) In a proceeding for a permit application or amendment in | ||
which a district has contracted with the State Office of | ||
Administrative Hearings for a contested case hearing, the board has | ||
the authority to make a final decision on consideration of a | ||
proposal for decision issued by an administrative law judge. | ||
(b) A board may change a finding of fact or conclusion of law | ||
made by the administrative law judge, or may vacate or modify an | ||
order issued by the administrative judge, only if the board | ||
determines: | ||
(1) that the administrative law judge did not properly | ||
apply or interpret applicable law, district rules, written policies | ||
provided under Section 36.416(e), or prior administrative | ||
decisions; | ||
(2) that a prior administrative decision on which the | ||
administrative law judge relied is incorrect or should be changed; | ||
or | ||
(3) that a technical error in a finding of fact should | ||
be changed. | ||
(c) The final decision issued by the district under this | ||
section must be in writing and shall either adopt the proposed | ||
findings of fact and conclusions of law as proposed by the | ||
administrative law judge or include revised findings of fact and | ||
conclusions of law consistent with subsection (b). No request for | ||
findings of fact or conclusions of law from a party is required | ||
under this section. | ||
(d) Notwithstanding any other timelines provided in this | ||
chapter, and unless otherwise agreed to by the applicant, a | ||
district must issue its final decision under this section no later | ||
than 180 days after receipt of the proposal for decision, including | ||
final disposition of all motions for rehearing. | ||
(e) If the administrative law judge recommends granting one | ||
or more permits, and the district fails to issue its final decision | ||
as required by subsection (d) for any reason, the district shall be | ||
deemed to have adopted the recommendations of the administrative | ||
law judge as a final order. | ||
(f) A decision under (e) is final and appealable immediately | ||
and not subject to a motion for rehearing. | ||
Section 9. STATUTORY INTERPRETATION. If there is a conflict | ||
between this Act and the enabling act of a groundwater conservation | ||
district or any other deadlines established by Chapter 36, this Act | ||
controls. | ||
Section 10. (a) The changes in law made by this Act apply to | ||
any permit application that is filed with a district on or after the | ||
effective date of this Act and any permit application pending | ||
before a district for which a proposal for decision not yet been | ||
issued. | ||
(b) Any proposal for decision that has been pending before a | ||
district for more than 180 days on the effective date and for which | ||
the administrative law judge recommends granting one or more | ||
permits, shall be deemed adopted as a final order subject to | ||
immediate appeal and not subject to a motion for rehearing. | ||
Section 11. 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. |