Bill Text: TX HB4164 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the procedures for adopting a moratorium on the issuance of permits by groundwater conservation districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Natural Resources [HB4164 Detail]
Download: Texas-2017-HB4164-Introduced.html
| 85R11026 AAF-F | ||
| By: Larson | H.B. No. 4164 | |
|
|
||
|
|
||
| relating to the procedures for adopting a moratorium on the | ||
| issuance of permits by groundwater conservation districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 36, Water Code, is amended by adding | ||
| Subchapter M-1 to read as follows: | ||
| SUBCHAPTER M-1. MORATORIUM ON ISSUING PERMIT | ||
| Sec. 36.426. PROCEDURE FOR ADOPTING MORATORIUM. A district | ||
| may not adopt a moratorium on the issuance of a permit or permit | ||
| amendment unless the district: | ||
| (1) complies with the notice and hearing procedures | ||
| prescribed by Section 36.427; and | ||
| (2) makes written findings supporting the district's | ||
| determination regarding the issuance, including the district's | ||
| justification for imposing the moratorium, if applicable. | ||
| Sec. 36.427. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a) A | ||
| district may impose a moratorium on the issuance of a permit or | ||
| permit amendment only after the district conducts a public hearing | ||
| as provided by this section. The public hearing must provide | ||
| residents of the district and other affected parties an opportunity | ||
| to be heard. | ||
| (b) The district shall publish notice of the date, time, and | ||
| place of the hearing in a newspaper of general circulation in the | ||
| district on the fourth day before the date of the hearing. | ||
| (c) During the period beginning on the fifth business day | ||
| after the date a notice is published under Subsection (b) and ending | ||
| on the date the district makes its determination under Subsection | ||
| (d), a temporary moratorium is imposed. During that period, a | ||
| district may stop issuing permits or permit amendments. | ||
| (d) Not later than the 12th day after the date of the public | ||
| hearing, the district shall make a final determination on whether | ||
| to impose the moratorium and shall issue written findings | ||
| supporting the district's determination, including the district's | ||
| justification for imposing the moratorium, if applicable. | ||
| Sec. 36.428. EXPIRATION OF MORATORIUM; EXTENSION | ||
| PROHIBITED. A moratorium imposed under this subchapter expires on | ||
| the 90th day after the date the district makes its determination | ||
| under Section 36.427(d) to impose the moratorium. The district may | ||
| not extend a moratorium imposed under this subchapter. | ||
| SECTION 2. A moratorium on the issuance of a permit or | ||
| permit amendment that is adopted by a groundwater conservation | ||
| district before September 1, 2017, may not continue in effect later | ||
| than November 30, 2017. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
