Bill Text: TX HB1971 | 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 2-0)

Status: (Passed) 2023-06-09 - Effective immediately [HB1971 Detail]

Download: Texas-2023-HB1971-Introduced.html
  88R3205 SGM-F
 
  By: Ashby H.B. No. 1971
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.051, Water Code, is amended by adding
  Subsection (b-1) to read as follows:
         (b-1)  A director is disqualified and vacates the office of
  director if the director is recused from voting on more than one
  application for a permit or permit amendment or fails to attend two
  consecutive meetings of the board.
         SECTION 2.  Section 36.053, Water Code, is amended to read as
  follows:
         Sec. 36.053.  QUORUM. (a)  Except as provided by Subsection
  (b), 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.
         (b)  For the purposes of making a final decision on a permit
  or permit amendment application, a board member who is recused from
  voting does not count towards the quorum requirement under
  Subsection (a).
         SECTION 3.  Section 36.409, Water Code, is amended to read as
  follows:
         Sec. 36.409.  CONTINUANCE. (a) The presiding officer may
  continue a hearing from time to time and from place to place without
  providing notice under Section 36.404.
         (b)  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.
         (c)  A continuance may not exceed the time limit for the
  issuance of a final decision under Section 36.4165.
         SECTION 4.  Section 36.411, Water Code, is amended to read as
  follows:
         Sec. 36.411.  BOARD ACTION.  (a) The board shall act on a
  permit or permit amendment application not later than the 60th day
  after the date the final hearing on the application is concluded.
         (b)  The board shall ensure a decision on a permit or permit
  amendment application is timely rendered in accordance with the
  provisions set forth in this chapter.
         SECTION 5.  Section 36.412, Water Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (a-1) and
  (b-1) to read 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 by making a request in writing to the board.
         (a-1)  A party seeking to appeal a decision by the board must
  request [by requesting] written findings and conclusions not later
  than the 20th day after the date of the board's decision. This
  subsection does not apply to a decision issued under Section
  36.4165(e).
         (b)  On receipt of a timely written request under Subsection
  (a-1), 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.
         (b-1)  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.
         SECTION 6.  Section 36.413(a), Water Code, is amended to
  read as follows:
         (a)  A decision by the board on a permit or permit amendment
  application is final if:
               (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)  the decision is issued under Section 36.4165(e).
         SECTION 7.  Section 36.4165, Water Code, is amended by
  adding Subsections (c), (d), (e), and (f) to read as follows:
         (c)  A final decision issued by the board under this section
  must be in writing and must 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). A request from a party for findings
  of fact or conclusions of law is not required under this section.
         (d)  Notwithstanding any other law, a board shall issue a
  final decision under this section, including final disposition of
  all motions for rehearing, not later than the 180th day after the
  date of receipt of the proposal for a final decision unless
  otherwise agreed to by the applicant.
         (e)  If the administrative law judge recommends granting one
  or more permit or permit amendment applications and the board fails
  to issue a final decision as required by Subsection (d), the board
  is considered to have adopted the recommendations of the
  administrative law judge as a final order on the 181st day after the
  date the administrative law judge issued the recommendation.
         (f)  A decision under Subsection (e) is final, immediately
  appealable, and not subject to a motion for rehearing.
         SECTION 8.  (a) The changes in law made by this Act apply to
  an application for a permit or permit amendment submitted on or
  after the effective date of this Act. An application for a permit
  or permit amendment submitted before the effective date of this Act
  is governed by the law in effect at the time the application was
  submitted, and the former law is continued in effect for that
  purpose.
         (b)  A decision under Section 36.4165, Water Code, for which
  an administrative law judge recommends granting a permit or permit
  amendment application that has been pending before a district for
  more than 180 days on the effective date of this Act is considered
  adopted as a final order subject to immediate appeal and not subject
  to a motion for rehearing.
         SECTION 9.  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.
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