81R33084 SLB-F
By: Duncan S.B. No. 2296
Substitute the following for S.B. No. 2296:
By: Lucio III C.S.S.B. No. 2296
A BILL TO BE ENTITLED
AN ACT
relating to the submission of groundwater management plans to the
executive administrator of the Texas Water Development Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.1072, Water Code, is amended by
amending Subsections (a) and (e) and adding Subsection (e-1) to
read as follows:
(a) Except as provided by Subsection (e-1), a [A] district
shall, not later than three years after the creation of the district
or, if the district required confirmation, after the election
confirming the district's creation, submit the management plan
required under Section 36.1071 to the executive administrator for
review and approval.
(e) The district may review the plan annually and must
review and readopt the plan with or without revisions at least once
every five years. Except as provided by Subsection (e-1),
the [The] district shall provide the readopted plan to the
executive administrator not later than the 60th day after the date
on which the plan was readopted. Approval of the preceding
management plan remains in effect until:
(1) the district fails to timely readopt a management
plan;
(2) the district fails to timely submit the district's
readopted management plan to the executive administrator; or
(3) the executive administrator determines that the
readopted management plan does not meet the requirements for
approval, and the district has exhausted all appeals to the Texas
Water Development Board or appropriate court.
(e-1) If a district is required to submit a management plan
under Subsection (a) or a readopted management plan under
Subsection (e) on a date that is before the first anniversary of the
date the executive administrator provides to the district under
Section 36.108(o) an amount of managed available groundwater, the
district may adopt and submit to the executive administrator a
resolution delaying the due date for a new or readopted plan to a
date not later than the first anniversary of the last date the
district receives an amount of managed available groundwater from
the executive administrator in lieu of the applicable deadline
under Subsection (a) or (e). A district that elects to delay
submission of a new or readopted plan under this subsection may not
adopt a new rule or amend an existing rule limiting production from
wells or allocating groundwater until the district submits to the
executive administrator the management plan or readopted plan as
provided by this subsection. This subsection expires September 1,
2013.
SECTION 2. Section 36.1072, Water Code, as amended by this
Act, applies only to a groundwater management plan that is
submitted to the executive administrator of the Texas Water
Development Board on or after the effective date of this Act. A
groundwater management plan that is submitted to the executive
administrator before the effective date of this Act is governed by
the law in effect when the management plan was submitted, and the
former law is continued in effect for that purpose.
SECTION 3. 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, 2009.