Texas 2011 - 82nd Regular

Texas House Bill HB2166 Compare Versions

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1	1	82R22553 SGA-F
2	2	By: Price H.B. No. 2166
3	3	Substitute the following for H.B. No. 2166:
4	4	By: Lucio III C.S.H.B. No. 2166
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for and appeals of desired future
10	10	conditions adopted by groundwater management areas.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 36.001, Water Code, is amended by adding
13	13	Subdivision (30) to read as follows:
14	14	(30) "Desired future condition" means a quantitative
15	15	description, adopted in accordance with Section 36.108, of the
16	16	desired condition of the groundwater resources in a management area
17	17	at one or more specified future times.
18	18	SECTION 2. Section 36.063, Water Code, is amended to read as
19	19	follows:
20	20	Sec. 36.063. NOTICE OF MEETINGS. (a) Except as provided by
21	21	Subsections (b) and (c), notice [Notice] of meetings of the board
22	22	shall be given as set forth in the Open Meetings Act, Chapter 551,
23	23	Government Code. Neither failure to provide notice of a regular
24	24	meeting nor an insubstantial defect in notice of any meeting shall
25	25	affect the validity of any action taken at the meeting.
26	26	(b) At least 10 days before a hearing under Section
27	27	36.108(d-2) or a meeting at which a district will adopt a desired
28	28	future condition under Section 36.108(d-4), the board must post
29	29	notice that includes:
30	30	(1) the proposed desired future conditions and a list
31	31	of any other agenda items;
32	32	(2) the date, time, and location of the meeting or
33	33	hearing;
34	34	(3) the name, telephone number, and address of the
35	35	person to whom questions or requests for additional information may
36	36	be submitted;
37	37	(4) the names of the other districts in the district's
38	38	management area; and
39	39	(5) information on how the public may submit comments.
40	40	(c) Except as provided by Subsection (b), notice of a
41	41	hearing described by Subsection (b) must be provided in the manner
42	42	prescribed for a rulemaking hearing under Section 36.101(d).
43	43	SECTION 3. Sections 36.1071(a) and (e), Water Code, are
44	44	amended to read as follows:
45	45	(a) Following notice and hearing, the district shall, in
46	46	coordination with surface water management entities on a regional
47	47	basis, develop a comprehensive management plan which addresses the
48	48	following management goals, as applicable:
49	49	(1) providing the most efficient use of groundwater;
50	50	(2) controlling and preventing waste of groundwater;
51	51	(3) controlling and preventing subsidence;
52	52	(4) addressing conjunctive surface water management
53	53	issues;
54	54	(5) addressing natural resource issues;
55	55	(6) addressing drought conditions;
56	56	(7) addressing conservation, recharge enhancement,
57	57	rainwater harvesting, precipitation enhancement, or brush control,
58	58	where appropriate and cost-effective; and
59	59	(8) addressing [in a quantitative manner] the desired
60	60	future conditions adopted by the district under Section 36.108 [of
61	61	the groundwater resources].
62	62	(e) In the management plan described under Subsection (a),
63	63	the district shall:
64	64	(1) identify the performance standards and management
65	65	objectives under which the district will operate to achieve the
66	66	management goals identified under Subsection (a);
67	67	(2) specify, in as much detail as possible, the
68	68	actions, procedures, performance, and avoidance that are or may be
69	69	necessary to effect the plan, including specifications and proposed
70	70	rules;
71	71	(3) include estimates of the following:
72	72	(A) managed available groundwater in the
73	73	district based on the desired future condition adopted
74	74	[established] under Section 36.108;
75	75	(B) the amount of groundwater being used within
76	76	the district on an annual basis;
77	77	(C) the annual amount of recharge from
78	78	precipitation, if any, to the groundwater resources within the
79	79	district;
80	80	(D) for each aquifer, the annual volume of water
81	81	that discharges from the aquifer to springs and any surface water
82	82	bodies, including lakes, streams, and rivers;
83	83	(E) the annual volume of flow into and out of the
84	84	district within each aquifer and between aquifers in the district,
85	85	if a groundwater availability model is available;
86	86	(F) the projected surface water supply in the
87	87	district according to the most recently adopted state water plan;
88	88	and
89	89	(G) the projected total demand for water in the
90	90	district according to the most recently adopted state water plan;
91	91	and
92	92	(4) consider the water supply needs and water
93	93	management strategies included in the adopted state water plan.
94	94	SECTION 4. Subchapter D, Chapter 36, Water Code, is amended
95	95	by amending Section 36.108 and adding Sections 36.1081 through
96	96	36.1087 to read as follows:
97	97	Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) In
98	98	this section:
99	99	(1) "Development [, "development] board" means the
100	100	Texas Water Development Board.
101	101	(2) "District representative" means the presiding
102	102	officer or the presiding officer's designee for any district
103	103	located wholly or partly in the management area.
104	104	(b) If two or more districts are located within the
105	105	boundaries of the same management area, each district shall prepare
106	106	a comprehensive management plan as required by Section 36.1071
107	107	covering that district's respective territory. On completion and
108	108	approval of the plan as required by Section 36.1072, each district
109	109	shall forward a copy of the new or revised management plan to the
110	110	other districts in the management area. The boards of the districts
111	111	shall consider the plans individually and shall compare them to
112	112	other management plans then in force in the management area.
113	113	(c) The district representatives [The presiding officer, or
114	114	the presiding officer's designee, of each district located in whole
115	115	or in part in the management area] shall meet at least annually to
116	116	conduct joint planning with the other districts in the management
117	117	area and to review the management plans, the [and] accomplishments
118	118	of [for] the management area, and proposals to adopt new or amend
119	119	existing desired future conditions. In reviewing the management
120	120	plans, the districts shall consider:
121	121	(1) the goals of each management plan and its impact on
122	122	planning throughout the management area;
123	123	(2) the effectiveness of the measures established by
124	124	each management plan for conserving and protecting groundwater and
125	125	preventing waste, and the effectiveness of these measures in the
126	126	management area generally;
127	127	(3) any other matters that the boards consider
128	128	relevant to the protection and conservation of groundwater and the
129	129	prevention of waste in the management area; and
130	130	(4) the degree to which each management plan achieves
131	131	the desired future conditions established during the joint planning
132	132	process.
133	133	(d) Not later than September 1, 2010, and every five years
134	134	thereafter, the districts shall consider groundwater availability
135	135	models and other data or information for the management area and
136	136	shall propose for adoption [establish] desired future conditions
137	137	for the relevant aquifers within the management area. Before
138	138	voting on the proposed [In establishing the] desired future
139	139	conditions of the aquifers under Subsection (d-2) [this section],
140	140	the districts shall consider:
141	141	(1) aquifer uses or conditions within the management
142	142	area, including conditions that differ substantially from one
143	143	geographic area to another;
144	144	(2) the water supply needs and water management
145	145	strategies included in the state water plan;
146	146	(3) hydrological conditions, including for each
147	147	aquifer in the management area the total estimated recoverable
148	148	storage as provided by the executive administrator, and the average
149	149	annual recharge, inflows, and discharge;
150	150	(4) other environmental impacts, including impacts on
151	151	spring flow and other interactions between groundwater and surface
152	152	water;
153	153	(5) the impact on subsidence;
154	154	(6) socioeconomic impacts reasonably expected to
155	155	occur;
156	156	(7) the impact on the interests and rights in private
157	157	property, including ownership and the rights of management area
158	158	landowners and their lessees and assigns in groundwater as
159	159	recognized under Section 36.002;
160	160	(8) whether the desired future conditions are
161	161	physically possible; and
162	162	(9) any other information relevant to the specific
163	163	desired future conditions [uses or conditions of an aquifer within
164	164	the management area that differ substantially from one geographic
165	165	area to another].
166	166	(d-1) The districts may establish different desired future
167	167	conditions for:
168	168	(1) each aquifer, subdivision of an aquifer, or
169	169	geologic strata located in whole or in part within the boundaries of
170	170	the management area; or
171	171	(2) each geographic area overlying an aquifer in whole
172	172	or in part or subdivision of an aquifer within the boundaries of the
173	173	management area.
174	174	(d-2) [(d-1)] The desired future conditions proposed
175	175	[established] under Subsection (d) must provide a balance between
176	176	the highest practicable level of groundwater production and the
177	177	conservation, preservation, protection, recharging, and prevention
178	178	of waste of groundwater and control of subsidence in the management
179	179	area. This subsection does not prohibit the establishment of
180	180	desired future conditions that provide for the reasonable long-term
181	181	management of groundwater resources consistent with the management
182	182	goals under Section 36.1071(a). The desired future conditions
183	183	proposed under Subsection (d) must be approved [adopted] by a
184	184	two-thirds vote of all the district representatives for
185	185	distribution to the districts in the management area. A period of
186	186	not less than 30 or more than 90 days for public comments begins on
187	187	the day the proposed desired future conditions are mailed to the
188	188	districts. During the public comment period and after posting
189	189	notice as required by Section 36.063, each district shall hold a
190	190	public hearing on the proposed desired future conditions relevant
191	191	to that district. During the public comment period, the district
192	192	shall make available in its office a copy of the proposed desired
193	193	future conditions and any supporting materials, such as the
194	194	documentation of factors considered under Subsection (d) and
195	195	groundwater availability model run results. After the public
196	196	hearing, the district shall compile for consideration at the next
197	197	joint planning meeting a summary of relevant comments received, any
198	198	suggested revisions to the proposed desired future conditions, and
199	199	the basis for the revisions [present at a meeting:
200	200	[(1) at which at least two-thirds of the districts
201	201	located in whole or in part in the management area have a voting
202	202	representative in attendance; and
203	203	[(2) for which all districts located in whole or in
204	204	part in the management area provide public notice in accordance
205	205	with Chapter 551, Government Code.
206	206	[(d-2) Each district in the management area shall ensure
207	207	that its management plan contains goals and objectives consistent
208	208	with achieving the desired future conditions of the relevant
209	209	aquifers as adopted during the joint planning process].
210	210	(d-3) After the earlier of the date on which all the
211	211	districts have submitted their district summaries or the expiration
212	212	of the public comment period under Subsection (d-2), the district
213	213	representatives shall reconvene to review the reports, consider any
214	214	district's suggested revisions to the proposed desired future
215	215	conditions, and finally adopt the desired future conditions for the
216	216	management area. The desired future conditions must be adopted as a
217	217	resolution by a two-thirds vote of all the district
218	218	representatives. The district representatives shall produce a
219	219	desired future conditions explanatory report for the management
220	220	area and submit to the development board and each district in the
221	221	management area proof that notice was posted for the joint planning
222	222	meeting, a copy of the resolution, and a copy of the explanatory
223	223	report. The report must:
224	224	(1) identify each desired future condition;
225	225	(2) provide the policy and technical justifications
226	226	for each desired future condition;
227	227	(3) include documentation that the factors under
228	228	Subsection (d) were considered by the districts and a discussion of
229	229	how the adopted desired future conditions impact each factor;
230	230	(4) list other desired future condition options
231	231	considered, if any, and the reasons why those options were not
232	232	adopted; and
233	233	(5) discuss reasons why recommendations made by
234	234	advisory committees and public comments received by the districts
235	235	were or were not incorporated into the desired future conditions.
236	236	(d-4) As soon as possible after a district receives the
237	237	desired future conditions resolution and explanatory report under
238	238	Subsection (d-3), the district shall adopt the desired future
239	239	conditions in the resolution and report that apply to the district.
240	240	(e) Except as provided by this section, a [A] joint meeting
241	241	under this section must be held in accordance with Chapter 551,
242	242	Government Code. Each district shall comply with Chapter 552,
243	243	Government Code. The district representatives may elect one
244	244	district to be responsible for providing the notice of a joint
245	245	meeting that this section would otherwise require of each district
246	246	in the management area. Notice of a joint [the] meeting must be
247	247	provided at least 10 days before the date of the meeting by:
248	248	(1) providing notice to the secretary of state;
249	249	(2) providing notice to the county clerk of each
250	250	county located wholly or partly in a district that is located wholly
251	251	or partly in the management area; and
252	252	(3) posting notice at a place readily accessible to
253	253	the public at the district office of each district located wholly or
254	254	partly in the management area.
255	255	(e-1) The secretary of state and the county clerk of each
256	256	county described by Subsection (e) shall post notice of the meeting
257	257	in the manner provided by Section 551.053, Government Code.
258	258	(e-2) Notice of a joint meeting must include:
259	259	(1) the date, time, and location of the meeting;
260	260	(2) a summary of any action proposed to be taken;
261	261	(3) the name of each district located wholly or partly
262	262	in the management area; and
263	263	(4) the name, telephone number, and address of one or
264	264	more persons to whom questions, requests for additional
265	265	information, or comments may be submitted.
266	266	(e-3) The failure or refusal of one or more districts to
267	267	post notice for a joint meeting under Subsection (e)(3) does not
268	268	invalidate an action taken at the joint meeting [shall be given in
269	269	accordance with the requirements for notice of district board of
270	270	directors meetings under that Act].
271	271	Sec. 36.1081. TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT
272	272	PLANNING. (a) On request, the commission and the Texas Water
273	273	Development Board shall make technical staff available to serve in
274	274	a nonvoting advisory capacity to assist with the development of
275	275	desired future conditions during the joint planning process under
276	276	Section 36.108.
277	277	(b) During the joint planning process under Section 36.108,
278	278	the district representatives may appoint and convene nonvoting
279	279	advisory subcommittees who represent social, governmental,
280	280	environmental, or economic interests to assist in the development
281	281	of desired future conditions.
282	282	Sec. 36.1082. PETITION FOR INQUIRY. (a) In this section,
283	283	"affected person" means, with respect to a management area:
284	284	(1) an owner of land in the management area;
285	285	(2) a district in or adjacent to the management area;
286	286	(3) a regional water planning group with a water
287	287	management strategy in the management area;
288	288	(4) a person who holds or is applying for a permit from
289	289	a district in the management area;
290	290	(5) a person who, under Section 36.002, has an
291	291	ownership interest in groundwater in the management area; or
292	292	(6) any other person defined as affected by commission
293	293	rule.
294	294	(b) An affected person [(f) A district or person with a
295	295	legally defined interest in the groundwater within the management
296	296	area] may file a petition with the commission requesting an inquiry
297	297	for any of the following reasons:
298	298	(1) a district fails to submit its management plan to
299	299	the executive administrator;
300	300	(2) [if] a district fails [or districts refused] to
301	301	participate [join] in the joint planning process under Section
302	302	36.108;
303	303	(3) a district fails to adopt rules;
304	304	(4) a district fails to adopt the applicable desired
305	305	future conditions adopted by the management area at a joint
306	306	meeting;
307	307	(5) a district fails to update its management plan
308	308	before the second anniversary of the adoption of desired future
309	309	conditions by the management area;
310	310	(6) a district fails to update its rules to implement
311	311	the applicable desired future conditions before the first
312	312	anniversary of the date it updated its management plan with the
313	313	adopted desired future conditions;
314	314	(7) [or the process failed to result in adequate
315	315	planning, including the establishment of reasonable future desired
316	316	conditions of the aquifers, and the petition provides evidence
317	317	that:
318	318	[(1) a district in the groundwater management area has
319	319	failed to adopt rules;
320	320	[(2)] the rules adopted by a district are not designed
321	321	to achieve the desired future conditions adopted by [condition of
322	322	the groundwater resources in] the [groundwater] management area
323	323	[established] during the joint planning process;
324	324	(8) [(3)] the groundwater in the management area is
325	325	not adequately protected by the rules adopted by a district; or
326	326	(9) [(4)] the groundwater in the [groundwater]
327	327	management area is not adequately protected due to the failure of a
328	328	district to enforce substantial compliance with its rules.
329	329	(c) [(g)] Not later than the 90th day after the date the
330	330	petition is filed, the commission shall review the petition and
331	331	either:
332	332	(1) dismiss the petition if the commission finds that
333	333	the evidence is not adequate to show that any of the conditions
334	334	alleged in the petition exist; or
335	335	(2) select a review panel as provided in Subsection
336	336	(d) [(h)].
337	337	(d) [(h)] If the petition is not dismissed under Subsection
338	338	(c) [(g)], the commission shall appoint a review panel consisting
339	339	of a chairman and four other members. A director or general manager
340	340	of a district located outside the [groundwater] management area
341	341	that is the subject of the petition may be appointed to the review
342	342	panel. The commission may not appoint more than two members of the
343	343	review panel from any one district. The commission also shall
344	344	appoint a disinterested person to serve as a nonvoting recording
345	345	secretary for the review panel. The recording secretary may be an
346	346	employee of the commission. The recording secretary shall record
347	347	and document the proceedings of the panel.
348	348	(e) [(i)] Not later than the 120th day after appointment,
349	349	the review panel shall review the petition and any evidence
350	350	relevant to the petition and, in a public meeting, consider and
351	351	adopt a report to be submitted to the commission. The commission
352	352	may direct the review panel to conduct public hearings at a location
353	353	in the [groundwater] management area to take evidence on the
354	354	petition. The review panel may attempt to negotiate a settlement or
355	355	resolve the dispute by any lawful means.
356	356	(f) [(j)] In its report, the review panel shall include:
357	357	(1) a summary of all evidence taken in any hearing on
358	358	the petition;
359	359	(2) a list of findings and recommended actions
360	360	appropriate for the commission to take and the reasons it finds
361	361	those actions appropriate; and
362	362	(3) any other information the panel considers
363	363	appropriate.
364	364	(g) [(k)] The review panel shall submit its report to the
365	365	commission. The commission may take action under Section 36.3011.
366	366	Sec. 36.1083. ADMINISTRATIVE APPEAL OF DESIRED FUTURE
367	367	CONDITIONS. (a) In this section:
368	368	(1) "Affected person" has the meaning assigned by
369	369	Section 36.1082.
370	370	(2) "Development board" means the Texas Water
371	371	Development Board.
372	372	(3) "Office" means the State Office of Administrative
373	373	Hearings.
374	374	(b) Not later than the 180th day after the date on which a
375	375	district adopted a desired future condition under Section
376	376	36.108(d-4), an affected person may file a petition with the
377	377	district requesting that the district contract with the office to
378	378	conduct a hearing to appeal the desired future condition, including
379	379	the reasonableness of the desired future condition.
380	380	(c) Not later than the 45th day after receiving a request
381	381	under Subsection (b), the district shall:
382	382	(1) contract with the office;
383	383	(2) request a contested case hearing; and
384	384	(3) submit a copy of the petition to the office.
385	385	(d) The hearing must be held at a location described by
386	386	Section 36.403(c). The hearing shall be conducted in accordance
387	387	with Chapter 2001, Government Code, and rules of the office.
388	388	(e) The district may adopt rules for notice and hearings
389	389	conducted under this section that are consistent with the
390	390	procedural rules of the office. In the manner prescribed by
391	391	district and office rules, the district shall provide general
392	392	notice of the hearing and individual notice of the hearing to the
393	393	petitioner, any other party in the hearing identified under
394	394	Subsection (f)(3), each nonparty district and regional water
395	395	planning group in the management area, the development board, and
396	396	the commission. Only an affected person may participate as a party
397	397	in the hearing.
398	398	(f) The office shall hold a prehearing conference to
399	399	determine preliminary matters including:
400	400	(1) whether the petition should be dismissed for
401	401	failure to state a claim on which relief can be granted;
402	402	(2) whether a person is an affected person and
403	403	eligible to participate as a party in the hearing; and
404	404	(3) naming parties to the hearing.
405	405	(g) The petitioner shall pay all costs associated with the
406	406	contract for the hearing and shall deposit with the district an
407	407	amount sufficient to pay the contract amount before the hearing
408	408	begins. At the conclusion of the hearing, the district shall refund
409	409	any excess money to the petitioner.
410	410	(h) If the administrative law judge finds that a technical
411	411	analysis is needed related to the hydrogeology of the area or
412	412	matters within the development board's expertise, the judge may
413	413	request a study from the development board. In conducting the
414	414	technical analysis, the development board shall consider any
415	415	relevant information provided in the petition, as well as any
416	416	groundwater availability models, published studies, or other
417	417	information the development board considers relevant. The study
418	418	must be completed and delivered to the office not later than the
419	419	120th day after the date of the request for admission into the
420	420	evidentiary record for consideration at the hearing. The
421	421	development board shall make available the relevant staff as expert
422	422	witnesses during the hearing if requested by any party or the
423	423	administrative law judge.
424	424	(i) On receipt of the administrative law judge's findings of
425	425	fact and conclusions of law in a proposal for decision, including a
426	426	dismissal of a petition under Subsection (f), the district's board
427	427	shall issue a final order stating the district's decision on the
428	428	contested matter and the district's findings of fact and
429	429	conclusions of law. The board may change a finding of fact or
430	430	conclusion of law made by the administrative law judge, or may
431	431	vacate or modify an order issued by the administrative law judge in
432	432	the same manner as a state agency under Section 2001.058(e),
433	433	Government Code. If the district in its final order finds that a
434	434	desired future condition is unreasonable, the districts in the
435	435	management area shall reconvene in a joint planning meeting not
436	436	later than the 30th day after the date of the final order to revise
437	437	the desired future condition.
438	438	(j) A district's final order finding that a desired future
439	439	condition is unreasonable does not invalidate the desired future
440	440	condition for a district not subject to the petition.
441	441	Sec. 36.1084. COURT APPEAL OF DESIRED FUTURE CONDITION. A
442	442	final district order under Section 36.1083 may be appealed to the
443	443	Travis County district court under the substantial evidence
444	444	standard of review as provided by Section 2001.174, Government
445	445	Code. If the court finds that a desired future condition is
446	446	unreasonable, the court shall strike the desired future condition
447	447	and order the districts in the management area to reconvene in a
448	448	joint planning meeting not later than the 30th day after the date of
449	449	the court's decision to revise the desired future condition.
450	450	Sec. 36.1085. MANAGED AVAILABLE GROUNDWATER. (a) The
451	451	Texas Water Development Board shall require the [(l) A person with
452	452	a legally defined interest in the groundwater in the groundwater
453	453	management area, a district in or adjacent to the groundwater
454	454	management area, or a regional water planning group for a region in
455	455	the groundwater management area may file a petition with the
456	456	development board appealing the approval of the desired future
457	457	conditions of the groundwater resources established under this
458	458	section. The petition must provide evidence that the districts did
459	459	not establish a reasonable desired future condition of the
460	460	groundwater resources in the groundwater management area.
461	461	[(m) The development board shall review the petition and any
462	462	evidence relevant to the petition. The development board shall
463	463	hold at least one hearing at a central location in the management
464	464	area to take testimony on the petition. The development board may
465	465	delegate responsibility for a hearing to the executive
466	466	administrator or to a person designated by the executive
467	467	administrator. If the development board finds that the conditions
468	468	require revision, the development board shall submit a report to
469	469	the districts that includes a list of findings and recommended
470	470	revisions to the desired future conditions of the groundwater
471	471	resources.
472	472	[(n) The districts shall prepare a revised plan in
473	473	accordance with development board recommendations and hold, after
474	474	notice, at least one public hearing at a central location in the
475	475	groundwater management area. After consideration of all public and
476	476	development board comments, the districts shall revise the
477	477	conditions and submit the conditions to the development board for
478	478	review.
479	479	[(o) The] districts in a management area to [shall] submit
480	480	to the executive administrator not later than the 60th day after the
481	481	date on which the districts adopted desired future conditions under
482	482	Section 36.108(d-3):
483	483	(1) the desired future conditions adopted
484	484	[established] under Section 36.108;
485	485	(2) proof that notice was posted for the joint
486	486	planning meeting; and
487	487	(3) the desired future conditions explanatory report
488	488	[this section to the executive administrator].
489	489	(b) The executive administrator shall provide each district
490	490	and regional water planning group located wholly or partly in the
491	491	management area with the managed available groundwater in the
492	492	management area based upon the desired future conditions adopted by
493	493	the districts [condition of the groundwater resources established
494	494	under this section].
495	495	Sec. 36.1086. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each
496	496	district in the management area shall ensure that its management
497	497	plan contains goals and objectives consistent with achieving the
498	498	desired future conditions of the relevant aquifers as adopted
499	499	during the joint planning process.
500	500	Sec. 36.1087. JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT
501	501	AREA. [(p)] Districts located within the same [groundwater]
502	502	management areas or in adjacent management areas may contract to
503	503	jointly conduct studies or research, or to construct projects,
504	504	under terms and conditions that the districts consider beneficial.
505	505	These joint efforts may include studies of groundwater availability
506	506	and quality, aquifer modeling, and the interaction of groundwater
507	507	and surface water; educational programs; the purchase and sharing
508	508	of equipment; and the implementation of projects to make
509	509	groundwater available, including aquifer recharge, brush control,
510	510	weather modification, desalination, regionalization, and treatment
511	511	or conveyance facilities. The districts may contract under their
512	512	existing authorizations including those of Chapter 791, Government
513	513	Code, if their contracting authority is not limited by Sections
514	514	791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
515	515	SECTION 5. Section 36.3011, Water Code, is amended to read
516	516	as follows:
517	517	Sec. 36.3011. COMMISSION ACTION REGARDING [FAILURE OF]
518	518	DISTRICT DUTIES [TO CONDUCT JOINT PLANNING]. Not later than the
519	519	45th day after receiving the review panel's report under Section
520	520	36.1082 [36.108], the executive director or the commission shall
521	521	take action to implement any or all of the panel's recommendations.
522	522	The commission may take any action against a district it considers
523	523	necessary in accordance with Section 36.303 if the commission finds
524	524	that:
525	525	(1) the [a] district has failed to submit its
526	526	management plan to the executive administrator;
527	527	(2) the district has failed to participate in the
528	528	joint planning process under Section 36.108;
529	529	(3) the [(2) a] district has failed to adopt rules;
530	530	(4) the district has failed to adopt the applicable
531	531	desired future conditions adopted by the management area at a joint
532	532	meeting;
533	533	(5) the district has failed to update its management
534	534	plan before the second anniversary of the adoption of desired
535	535	future conditions by the management area;
536	536	(6) the district has failed to update its rules to
537	537	implement the applicable desired future conditions before the first
538	538	anniversary of the date it updated its management plan with the
539	539	adopted desired future conditions;
540	540	(7) [(3)] the rules adopted by the district are not
541	541	designed to achieve the desired future conditions adopted by
542	542	[condition of the groundwater resources in] the [groundwater]
543	543	management area during the joint planning process; [or]
544	544	(8) [(4)] the groundwater in the management area is
545	545	not adequately protected by the rules adopted by the district; [,]
546	546	or
547	547	(9) the groundwater in the management area is not
548	548	adequately protected because of the district's failure to enforce
549	549	substantial compliance with its rules.
550	550	SECTION 6. The notice provisions of Sections 36.063(b) and
551	551	(c), Water Code, as added by this Act, apply only to a meeting or
552	552	hearing of a groundwater conservation district or a joint planning
553	553	meeting of groundwater conservation districts held on or after the
554	554	effective date of this Act. A meeting or hearing held before the
555	555	effective date of this Act is subject to the notice provisions in
556	556	effect at the time of the meeting or hearing, and those provisions
557	557	are continued in effect for that purpose.
558	558	SECTION 7. The requirement that a groundwater conservation
559	559	district's management plan under Section 36.1071(e), Water Code, as
560	560	amended by this Act, include the desired future conditions adopted
561	561	under Section 36.108, Water Code, as amended by this Act, for
562	562	submission to the executive administrator of the Texas Water
563	563	Development Board before the plan is considered administratively
564	564	complete applies only to a district management plan submitted to
565	565	the executive administrator on or after the effective date of this
566	566	Act. A management plan submitted before the effective date of this
567	567	Act is governed by the law in effect on the date the plan was
568	568	submitted, and that law is continued in effect for that purpose.
569	569	SECTION 8. The procedures for the adoption and reporting of
570	570	desired future conditions of groundwater resources in a management
571	571	area under Section 36.108, Water Code, as amended by this Act, and
572	572	Section 36.1085, Water Code, as added by this Act, apply only to the
573	573	adoption of desired future conditions that occurs on or after the
574	574	effective date of this Act. Desired future conditions adopted
575	575	before the effective date of this Act are governed by the law in
576	576	effect on the date the desired future conditions were adopted, and
577	577	that law is continued in effect for that purpose.
578	578	SECTION 9. A petition filed and pending on the effective
579	579	date of this Act before the Texas Water Development Board to appeal
580	580	the adoption of desired future conditions by a groundwater
581	581	management area under former Section 36.108(l), Water Code, shall
582	582	be handled by the Texas Water Development Board in compliance with
583	583	Sections 36.108(l), (m), and (n), Water Code, as those sections
584	584	existed before the effective date of this Act.
585	585	SECTION 10. This Act takes effect September 1, 2011.