Texas 2009 - 81st Regular

Texas Senate Bill SB2120 Compare Versions

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1	1	By: Seliger, Zaffirini S.B. No. 2120
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the management, operation, and review of groundwater
7	7	conservation districts and to the potential impact of districts'
8	8	rules and plans on the Carrizo-Wilcox aquifer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 6, Water Code, is amended
11	11	by adding Section 6.113 to read as follows:
12	12	Sec. 6.113. DUTY TO ESTABLISH TRAINING PROGRAM. (a) The
13	13	board shall establish a training program for members of boards of
14	14	directors and general managers of groundwater conservation
15	15	districts that includes education in:
16	16	(1) the provisions of Chapter 36;
17	17	(2) the principles of hydrogeology;
18	18	(3) relevant permitting procedures;
19	19	(4) effective conservation practices;
20	20	(5) conflicts of interest;
21	21	(6) methods of conducting public hearings;
22	22	(7) the responsibility of a director to provide
23	23	financial oversight of a district; and
24	24	(8) board management and accountability.
25	25	(b) As the board considers appropriate, the board may
26	26	consult with stakeholders in the development of the training
27	27	program under Subsection (a).
28	28	SECTION 2. Subsection (h), Section 36.0171, Water Code, is
29	29	amended to read as follows:
30	30	(h) If the majority of the votes cast at the election are
31	31	against the levy of a maintenance tax, the district shall set
32	32	production [permit] fees to pay for the district's regulation of
33	33	groundwater in the district, including fees based on the amount of
34	34	water to be withdrawn from a well.
35	35	SECTION 3. Subchapter C, Chapter 36, Water Code, is amended
36	36	by adding Section 36.069 to read as follows:
37	37	Sec. 36.069. REQUIRED TRAINING FOR DIRECTORS AND GENERAL
38	38	MANAGER. (a) Each director or general manager of a district shall
39	39	complete at least one hour of training in a program established by
40	40	the Texas Water Development Board under Section 6.113 during each
41	41	one-year period in which the person serves as a director or general
42	42	manager.
43	43	(b) The Texas Water Development Board or other entity
44	44	providing the training shall provide a certificate of course
45	45	completion to persons who complete the training required by this
46	46	section. A district shall maintain and make available for public
47	47	inspection the record of its directors' and general manager's
48	48	completion of the training.
49	49	(c) The failure of one or more of the directors or the
50	50	general manager of a district to complete the training required by
51	51	this section does not affect the validity of an action taken by the
52	52	district.
53	53	SECTION 4. The heading to Section 36.1071, Water Code, is
54	54	amended to read as follows:
55	55	Sec. 36.1071. DISTRICT MANAGEMENT PLAN.
56	56	SECTION 5. Section 36.1071, Water Code, is amended by
57	57	amending Subsections (a), (b), (c), (f), and (g) and adding
58	58	Subsection (f-1) to read as follows:
59	59	(a) Following notice and hearing, the district shall, in
60	60	coordination with surface water management entities on a regional
61	61	basis, develop a [comprehensive] management plan that [which]
62	62	addresses the following management goals, as applicable:
63	63	(1) providing the most efficient use of groundwater;
64	64	(2) controlling and preventing waste of groundwater;
65	65	(3) controlling and preventing subsidence;
66	66	(4) addressing conjunctive surface water management
67	67	issues;
68	68	(5) addressing natural resource issues;
69	69	(6) addressing drought conditions;
70	70	(7) addressing conservation, recharge enhancement,
71	71	rainwater harvesting, precipitation enhancement, or brush control,
72	72	where appropriate and cost-effective; and
73	73	(8) addressing in a quantitative manner the desired
74	74	future conditions of the groundwater resources.
75	75	(b) The [A] district management plan, or any amendments to
76	76	the [a] district management plan, shall be developed [by the
77	77	district] using the district's best available data and forwarded to
78	78	the regional water planning group for use in their planning
79	79	process.
80	80	(c) The commission and the Texas Water Development Board
81	81	shall provide technical assistance to a district in the development
82	82	of the district management plan required under Subsection (a) which
83	83	may include, if requested by the district, a preliminary review and
84	84	comment on the plan prior to final approval by the board. If such
85	85	review and comment by the commission is requested, the commission
86	86	shall provide comment not later than 30 days from the date the
87	87	request is received.
88	88	(f) [The district shall adopt rules necessary to implement
89	89	the management plan.] Prior to the development of the district's
90	90	first district management plan and [its] approval of that plan
91	91	under Section 36.1072, the district may not adopt rules other than
92	92	rules pertaining to the registration and interim permitting of new
93	93	and existing wells and rules governing spacing and procedure before
94	94	the district's board; however, the district may not adopt any rules
95	95	limiting the production of wells, except rules requiring that
96	96	groundwater produced from a well be put to a nonwasteful,
97	97	beneficial use. The district may accept applications for permits
98	98	under Section 36.113, provided the district does not act on any such
99	99	application until the district's management plan is approved as
100	100	provided in Section 36.1072.
101	101	(f-1) After a district management plan is approved under
102	102	Section 36.1072, the district shall adopt or amend rules limiting
103	103	the production of wells or allocating groundwater as necessary to
104	104	implement the district management plan. The district may not adopt
105	105	rules limiting the production of wells or allocating groundwater or
106	106	amend the district's rules limiting the production of wells or
107	107	allocating groundwater if the district fails to:
108	108	(1) adopt a district management plan as required by
109	109	this section;
110	110	(2) submit a district management plan to the executive
111	111	administrator as required by Section 36.1072; and
112	112	(3) receive approval of the district management plan
113	113	under Section 36.1072.
114	114	(g) The district shall adopt amendments to the district
115	115	management plan as necessary. Amendments to the district
116	116	management plan shall be adopted after notice and hearing and shall
117	117	otherwise comply with the requirements of this section.
118	118	SECTION 6. Section 36.1072, Water Code, is amended to read
119	119	as follows:
120	120	Sec. 36.1072. TEXAS WATER DEVELOPMENT BOARD REVIEW AND
121	121	APPROVAL OF DISTRICT MANAGEMENT PLAN. (a) In this section,
122	122	"development board" means the Texas Water Development Board. A
123	123	district shall, not later than three years after the creation of the
124	124	district or, if the district required confirmation, after the
125	125	election confirming the district's creation, submit the district
126	126	management plan required under Section 36.1071 to the executive
127	127	administrator for review and approval.
128	128	(b) Within 60 days of receipt of a district management plan
129	129	adopted under Section 36.1071, readopted under Subsection (f) [(e)
130	130	or (g)] of this section, or amended under Section 36.1073, the
131	131	executive administrator shall approve the district [a] management
132	132	plan if the plan is administratively complete. A management plan is
133	133	administratively complete when it contains the information
134	134	required to be submitted under Section 36.1071(a) and (e). The
135	135	executive administrator may waive [determine whether conditions
136	136	justify waiver of] the requirements under Section 36.1071(e)(4) if
137	137	the executive administrator determines that conditions justify the
138	138	waiver.
139	139	(c) Once the executive administrator has granted
140	140	administrative approval to [approved] a management plan:
141	141	(1) the executive administrator may not revoke but may
142	142	require revisions to the approved groundwater conservation
143	143	district management plan as provided by Subsection (g); and
144	144	(2) the executive administrator may request
145	145	additional information from the district if the information is
146	146	necessary to clarify, modify, or supplement previously submitted
147	147	material[, but a request for additional information does not render
148	148	the management plan unapproved].
149	149	(d) Not later than the 60th day after the date of the
150	150	administrative approval of a district management plan under
151	151	Subsection (c), the executive administrator shall review the
152	152	district management plan to determine whether the district
153	153	management plan is adequate to achieve a desired future condition
154	154	established under Section 36.108(d) that is applicable to all or
155	155	part of the district, considering any available information
156	156	regarding groundwater levels, and:
157	157	(1) request additional information from the district;
158	158	(2) recommend that the district make substantive
159	159	changes to the plan; or
160	160	(3) approve the plan.
161	161	(e) A district management plan takes effect on approval by
162	162	the executive administrator or, if appealed, on approval by the
163	163	development board [Texas Water Development Board].
164	164	(f) [(e)] The district may review the district management
165	165	plan annually and shall [must] review and readopt the plan with or
166	166	without revisions at least once every five years. The district
167	167	shall provide the readopted plan to the executive administrator not
168	168	later than the 60th day after the date on which the plan was
169	169	readopted. Approval of the preceding district management plan
170	170	remains in effect until:
171	171	(1) the district fails to timely readopt a district
172	172	management plan;
173	173	(2) the district fails to timely submit the district's
174	174	readopted district management plan to the executive administrator
175	175	for administrative approval under Subsection (b); or
176	176	(3) the executive administrator determines that the
177	177	readopted district management plan does not meet the requirements
178	178	for approval, and the district has exhausted all appeals to the
179	179	development board [Texas Water Development Board or appropriate
180	180	court].
181	181	(g) [(f)] If the executive administrator does not approve
182	182	the district management plan, the executive administrator shall
183	183	provide to the district, in writing, the reasons the executive
184	184	administrator does not approve [for the action]. Not later than the
185	185	180th day after the date a district receives notice that the
186	186	executive administrator has not approved the district [its]
187	187	management plan [has not been approved], the district may submit a
188	188	revised district management plan for review and approval. The
189	189	executive administrator's decision may be appealed to the
190	190	development board [Texas Water Development Board]. If the
191	191	development board [Texas Water Development Board] decides not to
192	192	approve the revised district management plan on appeal, the
193	193	district may request that the conflict be mediated. The district
194	194	and the development board may seek the assistance of the Center for
195	195	Public Policy Dispute Resolution at The University of Texas School
196	196	of Law or an alternative dispute resolution system established
197	197	under Chapter 152, Civil Practice and Remedies Code, in obtaining a
198	198	qualified impartial third party to mediate the conflict. The cost
199	199	of the mediation services must be specified in the agreement
200	200	between the parties and the Center for Public Policy Dispute
201	201	Resolution or the alternative dispute resolution system. If the
202	202	parties do not resolve the conflict through mediation, the decision
203	203	of the development board [Texas Water Development Board] not to
204	204	approve the district management plan may be appealed to a district
205	205	court in Travis County. Costs for the appeal shall be set by the
206	206	court hearing the appeal. An appeal under this subsection is by
207	207	trial de novo. The commission shall not take enforcement action
208	208	against a district under Subchapter I until the later of the
209	209	expiration of the 180-day period, the date the development board
210	210	[Texas Water Development Board] has taken final action withholding
211	211	approval of a revised district management plan, the date the
212	212	mediation is completed, or the date a final judgment upholding the
213	213	development board's decision is entered by a district court. An
214	214	enforcement action may not be taken against a district by the
215	215	commission or the state auditor under Subchapter I because the
216	216	district [district's] management plan and the approved regional
217	217	water plan are in conflict while the parties are attempting to
218	218	resolve the conflict before the development board, in mediation, or
219	219	in court. Rules of the district continue in full force and effect
220	220	until all appeals under this subsection have been exhausted and the
221	221	final judgment is adverse to the district.
222	222	(h) [(g) In this subsection, "development board" means the
223	223	Texas Water Development Board.] A person with a legally defined
224	224	interest in groundwater in a district, or the regional water
225	225	planning group, may file a petition with the development board
226	226	stating that a conflict requiring resolution may exist between the
227	227	district's approved management plan developed under Section
228	228	36.1071 and the state water plan. If a conflict exists, the
229	229	development board shall provide technical assistance to and
230	230	facilitate coordination between the involved person or regional
231	231	water planning group and the district to resolve the conflict. Not
232	232	later than the 45th day after the date the person or the regional
233	233	water planning group files a petition with the development board,
234	234	if the conflict has not been resolved, the district and the involved
235	235	person or regional planning group may mediate the conflict. The
236	236	district and the involved person or regional planning group may
237	237	seek the assistance of the Center for Public Policy Dispute
238	238	Resolution at The University of Texas School of Law or an
239	239	alternative dispute resolution system established under Chapter
240	240	152, Civil Practice and Remedies Code, in obtaining a qualified
241	241	impartial third party to mediate the conflict. The cost of the
242	242	mediation services must be specified in the agreement between the
243	243	parties and the Center for Public Policy Dispute Resolution or the
244	244	alternative dispute resolution system. If the district and the
245	245	involved person or regional planning group cannot resolve the
246	246	conflict through mediation, the development board shall resolve the
247	247	conflict not later than the 60th day after the date the mediation is
248	248	completed. The development board action under this provision may
249	249	be consolidated, at the option of the board, with related action
250	250	under Section 16.053(p). If the development board determines that
251	251	resolution of the conflict requires a revision of the approved
252	252	groundwater conservation district management plan, the development
253	253	board shall provide information to the district. The district
254	254	shall prepare any revisions to the plan based on the information
255	255	provided by the development board and shall hold, after notice, at
256	256	least one public hearing at some central location within the
257	257	district. The district shall consider all public and development
258	258	board comments, prepare, revise, and adopt its district management
259	259	plan, and submit the revised district management plan to the
260	260	development board for approval. On the request of the district or
261	261	the regional water planning group, the development board shall
262	262	include discussion of the conflict and its resolution in the state
263	263	water plan that the development board provides to the governor, the
264	264	lieutenant governor, and the speaker of the house of
265	265	representatives under Section 16.051(e). If the groundwater
266	266	conservation district disagrees with the decision of the
267	267	development board under this subsection, the district may appeal
268	268	the decision to a district court in Travis County. Costs for the
269	269	appeal shall be set by the court hearing the appeal. An appeal
270	270	under this subsection is by trial de novo.
271	271	SECTION 7. Section 36.1073, Water Code, is amended to read
272	272	as follows:
273	273	Sec. 36.1073. AMENDMENT TO DISTRICT MANAGEMENT PLAN. Any
274	274	amendment to a district [the] management plan shall be submitted to
275	275	the executive administrator within 60 days following adoption of
276	276	the amendment by the district's board. The executive administrator
277	277	shall review and approve any amendment that [which] substantially
278	278	affects the district management plan in accordance with the
279	279	procedures established under Section 36.1072.
280	280	SECTION 8. Subsections (b), (c), and (n), Section 36.108,
281	281	Water Code, are amended to read as follows:
282	282	(b) If two or more districts are located within the
283	283	boundaries of the same management area, each district shall
284	284	[prepare a comprehensive management plan as required by Section
285	285	36.1071 covering that district's respective territory. On
286	286	completion and approval of the plan as required by Section 36.1072,
287	287	each district shall] forward a copy of the district's district [new
288	288	or revised] management plan to the other districts in the
289	289	management area. The boards of the districts shall consider the
290	290	district management plans individually and shall compare them to
291	291	other district management plans then in force in the management
292	292	area.
293	293	(c) The presiding officer, or the presiding officer's
294	294	designee, of each district located in whole or in part in the
295	295	management area shall meet at least annually to conduct joint
296	296	planning with the other districts in the management area and to
297	297	review the district management plans and accomplishments for the
298	298	management area. In reviewing the district management plans, the
299	299	districts shall consider:
300	300	(1) the goals of each district management plan and its
301	301	impact on planning throughout the management area;
302	302	(2) the effectiveness of the measures established by
303	303	each district management plan for conserving and protecting
304	304	groundwater and preventing waste, and the effectiveness of these
305	305	measures in the management area generally;
306	306	(3) any other matters that the boards consider
307	307	relevant to the protection and conservation of groundwater and the
308	308	prevention of waste in the management area; and
309	309	(4) the degree to which each district management plan
310	310	achieves the desired future conditions established during the joint
311	311	planning process.
312	312	(n) The districts shall prepare [a] revised conditions
313	313	[plan] in accordance with development board recommendations and
314	314	hold, after notice, at least one public hearing at a central
315	315	location in the groundwater management area. After consideration
316	316	of all public and development board comments, the districts shall
317	317	revise the conditions and submit the conditions to the development
318	318	board for review.
319	319	SECTION 9. Section 36.1132, Water Code, is amended to read
320	320	as follows:
321	321	Sec. 36.1132. DISTRICT PLANS AND RULES TO ACHIEVE DESIRED
322	322	FUTURE CONDITION; PERMITS BASED ON MANAGED AVAILABLE GROUNDWATER.
323	323	(a) Not later than the second anniversary of the later of the date
324	324	that the districts in a management area establish one or more
325	325	desired future conditions under Section 36.108(d) or the date that
326	326	the districts receive the managed available groundwater amount from
327	327	the executive administrator under Section 36.108(o), each district
328	328	in the management area shall review its district management plan
329	329	and rules and adopt any amendments necessary to ensure that the
330	330	district will achieve a desired future condition applicable to all
331	331	or part of the district.
332	332	(b) A district, to the extent possible, shall issue permits
333	333	up to the point that the total volume of groundwater permitted
334	334	equals the managed available groundwater, if administratively
335	335	complete permit applications are submitted to the district. For
336	336	purposes of this subsection, a district may adjust the amount of
337	337	managed available groundwater provided to the district under
338	338	Section 36.108(o) or may adjust the amount of groundwater issued
339	339	under permits to account for exempt uses and known demands for
340	340	groundwater in the district based on a state or regional water plan.
341	341	SECTION 10. Subsection (b), Section 36.116, Water Code, is
342	342	amended to read as follows:
343	343	(b) In promulgating any rules limiting groundwater
344	344	production, the district may preserve historic or existing use
345	345	before the effective date of the rules to the maximum extent
346	346	practicable consistent with its district [the district's
347	347	comprehensive] management plan under Section 36.1071 and as
348	348	provided by Section 36.113.
349	349	SECTION 11. Section 36.117, Water Code, is amended by
350	350	adding Subsection (e-1) to read as follows:
351	351	(e-1) An operator of a water well exempt under Subsection
352	352	(b)(2) or (3) shall report annually to the district for the exempt
353	353	well the total amount of groundwater withdrawn during the calendar
354	354	year.
355	355	SECTION 12. Section 36.207, Water Code, is amended to read
356	356	as follows:
357	357	Sec. 36.207. USE OF PRODUCTION [PERMIT] FEES AUTHORIZED BY
358	358	SPECIAL LAW. A district may use funds obtained from production
359	359	[permit] fees collected pursuant to the special law governing the
360	360	district for any purpose consistent with the district's district
361	361	[certified water] management plan including, without limitation,
362	362	making grants, loans, or contractual payments to achieve,
363	363	facilitate, or expedite reductions in groundwater pumping or the
364	364	development or distribution of alternative water supplies.
365	365	SECTION 13. Section 36.301, Water Code, is amended to read
366	366	as follows:
367	367	Sec. 36.301. VIOLATIONS RELATED TO DISTRICT [FAILURE TO
368	368	SUBMIT A] MANAGEMENT PLAN. The commission shall take appropriate
369	369	action under Section 36.303 if:
370	370	(1) a district adopts or amends a rule in violation of
371	371	Section 36.1071(f-1);
372	372	(2) [If] a district [board] fails to submit a district
373	373	management plan or to receive certification of the district [its]
374	374	management plan under Section 36.1072;
375	375	(3) a district fails to timely readopt the district
376	376	management plan or to submit the readopted district management plan
377	377	to the executive administrator for approval in accordance with
378	378	Section 36.1072(f);
379	379	(4) the executive administrator determines that a
380	380	readopted district management plan does not meet the requirements
381	381	for approval, and the district has exhausted all appeals; or
382	382	(5) a district fails to submit or receive
383	383	certification of an amendment to the district management plan under
384	384	Section 36.1073[, the commission shall take appropriate action
385	385	under Section 36.303].
386	386	SECTION 14. Section 36.3011, Water Code, is amended to read
387	387	as follows:
388	388	Sec. 36.3011. FAILURE OF DISTRICT TO CONDUCT JOINT
389	389	PLANNING. Not later than the 45th day after receiving the review
390	390	panel's report under Section 36.108, the executive director or the
391	391	commission shall take action to implement any or all of the panel's
392	392	recommendations. The commission may take any action against a
393	393	district it considers necessary in accordance with Section 36.303
394	394	if the commission finds that:
395	395	(1) a district has failed to submit its district
396	396	management plan to the executive administrator;
397	397	(2) a district has failed to adopt rules;
398	398	(3) the rules adopted by the district are not designed
399	399	to achieve the desired future condition of the groundwater
400	400	resources in the groundwater management area; or
401	401	(4) the groundwater in the management area is not
402	402	adequately protected by the rules adopted by the district, or the
403	403	groundwater in the management area is not adequately protected
404	404	because of the district's failure to enforce substantial compliance
405	405	with its rules.
406	406	SECTION 15. Subsection (c), Section 36.302, Water Code, is
407	407	amended to read as follows:
408	408	(c) In a review performed under Subsection (a), the state
409	409	auditor shall make a determination, based on an analysis of a
410	410	district's activities, of whether the [a] district is actively
411	411	engaged in achieving the objectives of the district [district's]
412	412	management plan, including a desired future condition established
413	413	under Section 36.108(d) that is applicable to all or part of the
414	414	district [based on an analysis of the district's activities].
415	415	SECTION 16. Subsection (a), Section 36.303, Water Code, is
416	416	amended to read as follows:
417	417	(a) If Section 36.108, 36.301, or 36.302(f) applies and if
418	418	the state auditor has performed a review of the district under
419	419	Section 36.302(a), the commission, after notice and hearing in
420	420	accordance with Chapter 2001, Government Code, shall take action
421	421	the commission considers appropriate, including:
422	422	(1) issuing an order requiring the district to take
423	423	certain actions or to refrain from taking certain actions;
424	424	(2) dissolving the board in accordance with Sections
425	425	36.305 and 36.307 and calling an election for the purpose of
426	426	electing a new board;
427	427	(3) requesting the attorney general to bring suit for
428	428	the appointment of a receiver to collect the assets and carry on the
429	429	business of the groundwater conservation district; or
430	430	(4) dissolving the district in accordance with
431	431	Sections 36.304, 36.305, and 36.308.
432	432	SECTION 17. STUDY AND REPORT. (a) The Texas Commission on
433	433	Environmental Quality shall conduct a study regarding the impact on
434	434	the entire Carrizo-Wilcox aquifer of rules and plans adopted by
435	435	groundwater conservation districts in whose boundaries the aquifer
436	436	is located and of determinations made by groundwater conservation
437	437	districts in connection with the joint planning process relating to
438	438	groundwater management areas in whose boundaries the aquifer is
439	439	located. In conducting the study, the commission shall examine:
440	440	(1) whether the rules and plans adopted by each
441	441	groundwater conservation district:
442	442	(A) are based on sound scientific principles;
443	443	(B) adequately conserve and protect the aquifer
444	444	and ensure the achievement of the applicable desired future
445	445	condition for each part of the district; and
446	446	(C) are likely to affect other groundwater
447	447	conservation districts or groundwater management areas;
448	448	(2) whether each district is enforcing substantial
449	449	compliance with its rules;
450	450	(3) whether the desired future conditions established
451	451	under Section 36.108, Water Code, in each groundwater management
452	452	area are reasonable and based on sound scientific principles, and
453	453	whether the rules adopted by each district are designed to achieve
454	454	the applicable desired future condition;
455	455	(4) other long-term impacts of the applicable rules
456	456	and plans on the aquifer, taking into consideration:
457	457	(A) projected population and agricultural,
458	458	municipal, and industrial demands for water from the aquifer within
459	459	the groundwater conservation districts; and
460	460	(B) other appropriate factors as determined by
461	461	commission rule; and
462	462	(5) whether the presence of contaminants in the
463	463	recharge area of the aquifer and the potential pollution of the
464	464	aquifer are issues that should be addressed and, if so, by whom.
465	465	(b) The Texas Water Development Board and the Bureau of
466	466	Economic Geology of The University of Texas at Austin shall assist
467	467	the Texas Commission on Environmental Quality in conducting the
468	468	study under this section.
469	469	(c) The Texas Commission on Environmental Quality may
470	470	contract with any appropriate person to assist the commission in
471	471	conducting the study under this section.
472	472	(d) Not later than December 31, 2012, the Texas Commission
473	473	on Environmental Quality shall report the results of the study
474	474	conducted under this Act to the governor, the lieutenant governor,
475	475	the speaker of the house of representatives, and the standing
476	476	committees in the senate and the house of representatives that have
477	477	primary jurisdiction over natural resources. The report may
478	478	include the commission's recommendations for legislation to
479	479	address any areas of concern.
480	480	(e) This section expires August 31, 2013.
481	481	SECTION 18. (a) Section 36.069, Water Code, as added by
482	482	this Act, applies to a member of the board of directors of a
483	483	groundwater conservation district who qualifies for office and to a
484	484	general manager of a groundwater conservation district who begins
485	485	employment with the district before, on, or after the effective
486	486	date of this Act. A person who is serving as a member of the board
487	487	of directors or as a general manager of a groundwater conservation
488	488	district on the effective date of this Act must complete the first
489	489	hour of training as required by Section 36.069, Water Code, as added
490	490	by this Act, not later than September 1, 2010.
491	491	(b) The changes in law made by this Act apply only to a
492	492	management plan or an amendment to a management plan that is
493	493	submitted by a groundwater conservation district to the executive
494	494	administrator of the Texas Water Development Board for review and
495	495	approval on or after the effective date of this Act. A management
496	496	plan or an amendment to a management plan that is submitted to the
497	497	executive administrator of the Texas Water Development Board before
498	498	the effective date of this Act is governed by the law in effect when
499	499	the management plan or amendment was submitted, and the former law
500	500	is continued in effect for that purpose.
501	501	(c) As soon as practicable after the effective date of this
502	502	Act, the Texas Water Development Board shall adopt rules to
503	503	implement Section 36.1072, Water Code, as amended by this Act.
504	504	(d) The first report under Subsection (e-1), Section
505	505	36.117, Water Code, as added by this Act, is due not later than
506	506	September 1, 2010.
507	507	(e) The change in law made by this Act to Section 36.301,
508	508	Water Code, applies only to a violation by a groundwater
509	509	conservation district that occurs on or after the effective date of
510	510	this Act. A violation that occurs before the effective date of this
511	511	Act is governed by the law in effect on the date the violation
512	512	occurred, and the former law is continued in effect for that
513	513	purpose.
514	514	(f) The change in law made by this Act to Section 36.302,
515	515	Water Code, applies only to a review of a groundwater conservation
516	516	district performed on or after the effective date of this Act. A
517	517	review of a groundwater conservation district performed before the
518	518	effective date of this Act is governed by the law in effect on the
519	519	date the review was performed, and the former law is continued in
520	520	effect for that purpose.
521	521	SECTION 19. This Act does not make an appropriation. A
522	522	provision in this Act that creates a new governmental program,
523	523	creates a new entitlement, or imposes a new duty on a governmental
524	524	entity is not mandatory during a fiscal period for which the
525	525	legislature has not made a specific appropriation to implement the
526	526	provision.
527	527	SECTION 20. This Act takes effect immediately if it
528	528	receives a vote of two-thirds of all the members elected to each
529	529	house, as provided by Section 39, Article III, Texas Constitution.
530	530	If this Act does not receive the vote necessary for immediate
531	531	effect, this Act takes effect September 1, 2009.