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
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 |
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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 [ |
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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 [ |
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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) [ |
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on the expiration of the period for filing a request for rehearing; | ||
[ |
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(2) [ |
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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. |