Bill Text: TX HB2768 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the administration and judicial review of a suit involving a groundwater conservation district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB2768 Detail]
Download: Texas-2013-HB2768-Introduced.html
83R7567 SGA-F | ||
By: Rodriguez of Bexar | H.B. No. 2768 |
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relating to the administration and judicial review of a suit | ||
involving a groundwater conservation district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.251, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.251. SUIT AGAINST DISTRICT. A person, firm, | ||
corporation, or association of persons affected by and dissatisfied | ||
with any provision or with any rule or order made by a district is | ||
entitled to file a suit against the district or its directors to | ||
challenge the validity of the law, rule, or order. The suit shall be | ||
filed in a court of competent jurisdiction in Travis County or any | ||
county in which the district or any part of the district is located. | ||
The suit may only be filed after all administrative appeals to the | ||
district are final. | ||
SECTION 2. Section 36.253, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.253. TRIAL OF SUIT. (a) The burden of proof is on | ||
the petitioner[ |
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(b) If the challenged law, rule, order, or act was made or | ||
taken by the district based on the district's review of the proposal | ||
for decision and findings of fact and conclusions of law prepared by | ||
an administrative law judge under a hearing conducted by the State | ||
Office of Administrative Hearings in accordance with a contract | ||
entered into under Section 36.416, the [ |
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governed by the substantial evidence rule as defined by Section | ||
2001.174, Government Code. | ||
(c) If the challenged law, rule, order, or act was made or | ||
taken by the district on the basis of any procedure other than a | ||
hearing conducted by the State Office of Administrative Hearings | ||
under a contract in accordance with Section 36.416, the review on | ||
appeal is by trial de novo in accordance with Section 2001.173, | ||
Government Code. | ||
SECTION 3. Sections 36.066(g) and 36.102(d), Water Code, | ||
are repealed. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2013. |