By: Hinojosa, Hegar S.B. No. 660
A BILL TO BE ENTITLED
AN ACT
relating to the review and functions of the Texas Water Development
Board, including the functions of the board and related entities in
connection with the process for establishing and appealing desired
future conditions in a groundwater management area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SECTION 6.013, Water Code, is amended to read as
follows:
Sec. 6.013. SUNSET PROVISION. The Texas Water Development
Board is subject to review under Chapter 325, Government Code
(Texas Sunset Act), but is not abolished under that chapter. The
board shall be reviewed during the period in which state agencies
abolished in 2023 [2011] and every 12th year after 2023 [2011] are
reviewed.
SECTION 2. Subchapter D, Chapter 6, Water Code, is amended
by adding Sections 6.113, 6.114, and 6.115 to read as follows:
Sec. 6.113. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 6.114. FINANCIAL ASSISTANCE PROGRAMS: DEFAULT,
REMEDIES, AND ENFORCEMENT. (a) In this section:
(1) "Default" means:
(A) default in payment of the principal of or
interest on bonds, securities, or other obligations purchased or
acquired by the board;
(B) failure to perform any covenant related to a
bond, security, or other obligation purchased or acquired by the
board;
(C) a failure to perform any of the terms of a
loan, grant, or other financing agreement; or
(D) any other failure to perform an obligation,
breach of a term of an agreement, or default as provided by any
proceeding or agreement evidencing an obligation or agreement of a
recipient, beneficiary, or guarantor of financial assistance
provided by the board.
(2) "Financial assistance program recipient" means a
recipient or beneficiary of funds administered by the board under
this code, including a borrower, grantee, guarantor, or other
beneficiary.
(b) In the event of a default and on request by the board,
the attorney general shall seek:
(1) a writ of mandamus to compel a financial
assistance program recipient or the financial assistance program
recipient's officers, agents, and employees to cure the default;
and
(2) any other legal or equitable remedy the board and
the attorney general consider necessary and appropriate.
(c) A proceeding authorized by this section shall be brought
and venue is in a district court in Travis County.
(d) In a proceeding under this section, the attorney general
may recover reasonable attorney's fees, investigative costs, and
court costs incurred on behalf of the state in the proceeding in the
same manner as provided by general law for a private litigant.
Sec. 6.115. RECEIVERSHIP. (a) In this section, "financial
assistance program recipient" has the meaning assigned by Section
6.114.
(b) In addition to the remedies available under Section
6.114, at the request of the board, the attorney general shall bring
suit in a district court in Travis County for the appointment of a
receiver to collect the assets and carry on the business of a
financial assistance program recipient if:
(1) the action is necessary to cure a default by the
recipient; and
(2) the recipient is not:
(A) a municipality or county; or
(B) a district or authority created under Section
52, Article III, or Section 59, Article XVI, Texas Constitution.
(c) The court shall vest a receiver appointed by the court
with any power or duty the court finds necessary to cure the
default, including the power or duty to:
(1) perform audits;
(2) raise wholesale or retail water or sewer rates or
other fees;
(3) fund reserve accounts;
(4) make payments of the principal of or interest on
bonds, securities, or other obligations purchased or acquired by
the board; and
(5) take any other action necessary to prevent or to
remedy the default.
(d) The receiver shall execute a bond in an amount to be set
by the court to ensure the proper performance of the receiver's
duties.
(e) After appointment and execution of bond, the receiver
shall take possession of the books, records, accounts, and assets
of the financial assistance program recipient specified by the
court. Until discharged by the court, the receiver shall perform
the duties that the court directs and shall strictly observe the
final order involved.
(f) On a showing of good cause by the financial assistance
program recipient, the court may dissolve the receivership.
SECTION 3. Section 6.154, Water Code, is amended to read as
follows:
Sec. 6.154. COMPLAINT FILE. (a) The board shall maintain
a system to promptly and efficiently act on complaints [file on each
written complaint] filed with the board. The board shall maintain
information about parties to the complaint, [file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the board;
[(3)] the subject matter of the complaint,[;
[(4) the name of each person contacted in relation to
the complaint;
[(5)] a summary of the results of the review or
investigation of the complaint, and the complaint's disposition[;
and
[(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint].
(b) The board shall make information available describing
its [provide to the person filing the complaint and to each person
who is a subject of the complaint a copy of the board's policies
and] procedures for [relating to] complaint investigation and
resolution.
SECTION 4. Section 6.155, Water Code, is amended to read as
follows:
Sec. 6.155. NOTICE OF COMPLAINT. The board[, at least
quarterly until final disposition of the complaint,] shall
periodically notify the [person filing the] complaint parties [and
each person who is a subject of the complaint] of the status of the
complaint until final disposition [investigation unless the notice
would jeopardize an undercover investigation].
SECTION 5. Section 11.1271, Water Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) The commission shall adopt rules:
(1) establishing criteria and deadlines for
submission of water conservation plans, including any required
amendments, and for submission of implementation reports; and
(2) requiring the uniform water use calculation system
developed under Section 16.403 to be used in the water conservation
plans required by this section.
(g) At a minimum, rules adopted under Subsection (f)(2) must
require an entity to report the most detailed level of municipal
water use data currently available to the entity. The commission
may not adopt a rule that requires an entity to report municipal
water use data that is more detailed than the entity's billing
system is capable of producing.
SECTION 6. Section 16.021, Water Code, is amended by
amending Subsections (c), (d), and (e) and adding Subsections (d-1)
and (g) to read as follows:
(c) The executive administrator shall designate the
director of the Texas Natural Resources Information System to serve
as the state geographic information officer. The state geographic
information officer shall:
(1) coordinate the acquisition and use of
high-priority imagery and data sets;
(2) establish, support, and disseminate authoritative
statewide geographic data sets;
(3) support geographic data needs of emergency
management responders during emergencies;
(4) monitor trends in geographic information
technology; and
(5) support public access to state geographic data and
resources [The Texas Geographic Information Council (TGIC) is
created to provide strategic planning and coordination in the
acquisition and use of geo-spatial data and related technologies in
the State of Texas. The executive administrator and the executive
director of the Department of Information Resources shall designate
entities to be members of the TGIC. The chief administrative
officer of each member entity shall select one representative to
serve on the TGIC. The duties of the TGIC shall include providing
guidance to the executive administrator in carrying out the
executive administrator's duties under this section and guidance to
the Department of Information Resources for development of rules
related to statewide geo-spatial data and technology standards].
(d) Not later than December 1, 2016, and before the end of
each successive five-year period after that date, the board shall
submit to the governor, lieutenant governor, and speaker of the
house of representatives a report that contains recommendations
regarding:
(1) statewide geographic data acquisition needs and
priorities, including updates on progress in maintaining the
statewide digital base maps described by Subsection (e)(6);
(2) policy initiatives to address the acquisition,
use, storage, and sharing of geographic data across the state;
(3) funding needs to acquire data, implement
technologies, or pursue statewide policy initiatives related to
geographic data; and
(4) opportunities for new initiatives to improve the
efficiency, effectiveness, or accessibility of state government
operations through the use of geographic data [Member entities of
the TGIC that are state agencies shall, and member entities that are
not state agencies may, provide information to the TGIC about their
investments in geographic information and plans for its use. Not
later than November 1 of each even-numbered year, the TGIC shall
prepare and provide to the board, the Department of Information
Resources, the governor, and the legislature a report that:
[(1) describes the progress made by each TGIC member
entity toward achieving geographic information system goals and in
implementing geographic information systems initiatives; and
[(2) recommends additional initiatives to improve the
state's geographic information systems programs].
(d-1) The board shall consult with stakeholders in
preparing the report required by Subsection (d).
(e) The [Under the guidance of the TGIC, the] executive
administrator shall:
(1) further develop the Texas Natural Resources
Information System by promoting and providing for effective
acquisition, archiving, documentation, indexing, and dissemination
of natural resource and related digital and nondigital data and
information;
(2) obtain information in response to disagreements
regarding names and name spellings for natural and cultural
features in the state and provide this information to the Board on
Geographic Names of the United States Department of the Interior;
(3) make recommendations to the Board on Geographic
Names of the United States Department of the Interior for naming any
natural or cultural feature subject to the limitations provided by
Subsection (f);
(4) make recommendations to the Department of
Information Resources to adopt and promote standards that
facilitate sharing of digital natural resource data and related
socioeconomic data among federal, state, and local governments and
other interested parties;
(5) acquire and disseminate natural resource and
related socioeconomic data describing the Texas-Mexico border
region; and
(6) coordinate, conduct, and facilitate the
development, maintenance, and use of mutually compatible statewide
digital base maps depicting natural resources and man-made
features.
(g) The board may establish one or more advisory committees
to assist the board or the executive administrator in implementing
this section, including by providing information in connection with
the preparation of the report required by Subsection (d). In
appointing members to an advisory committee, the board shall
consider including representatives of:
(1) state agencies that are major users of geographic
data;
(2) federal agencies;
(3) local governments; and
(4) the Department of Information Resources.
SECTION 7. Subsection (b), Section 16.023, Water Code, is
amended to read as follows:
(b) The account may be appropriated only to the board to:
(1) develop, administer, and implement the strategic
mapping program;
(2) provide grants to political subdivisions for
projects related to the development, use, and dissemination of
digital, geospatial information; and
(3) administer, implement, and operate other programs
of the Texas Natural Resources Information System, including:
(A) the operation of a Texas-Mexico border region
information center for the purpose of implementing Section
16.021(e)(5);
(B) the acquisition, storage, and distribution
of historical maps, photographs, and paper map products;
(C) the maintenance and enhancement of
information technology; and
(D) the production, storage, and distribution of
other digital base maps, as determined by the executive
administrator [or a state agency that is a member of the Texas
Geographic Information Council].
SECTION 8. Section 16.051, Water Code, is amended by adding
Subsections (a-1) and (a-2) to read as follows:
(a-1) The state water plan must include:
(1) an evaluation of the state's progress in meeting
future water needs, including an evaluation of the extent to which
water management strategies and projects implemented after the
adoption of the preceding state water plan have affected that
progress; and
(2) an analysis of the number of projects included in
the preceding state water plan that received financial assistance
from the board.
(a-2) To assist the board in evaluating the state's progress
in meeting future water needs, the board may obtain implementation
data from the regional water planning groups.
SECTION 9. Subsections (c) and (e), Section 16.053, Water
Code, are amended to read as follows:
(c) No later than 60 days after the designation of the
regions under Subsection (b), the board shall designate
representatives within each regional water planning area to serve
as the initial coordinating body for planning. The initial
coordinating body may then designate additional representatives to
serve on the regional water planning group. The initial
coordinating body shall designate additional representatives if
necessary to ensure adequate representation from the interests
comprising that region, including the public, counties,
municipalities, industries, agricultural interests, environmental
interests, small businesses, electric generating utilities, river
authorities, water districts, and water utilities. The regional
water planning group shall maintain adequate representation from
those interests. In addition, the groundwater conservation
districts located in each management area, as defined by Section
36.001, located in the regional water planning area shall appoint
one representative of a groundwater conservation district located
in the management area and in the regional water planning area to
serve on the regional water planning group. In addition,
representatives of the board, the Parks and Wildlife Department,
and the Department of Agriculture shall serve as ex officio members
of each regional water planning group.
(e) Each regional water planning group shall submit to the
development board a regional water plan that:
(1) is consistent with the guidance principles for the
state water plan adopted by the development board under Section
16.051(d);
(2) provides information based on data provided or
approved by the development board in a format consistent with the
guidelines provided by the development board under Subsection (d);
(2-a) is consistent with the desired future conditions
adopted under Section 36.108 for the relevant aquifers located in
the regional water planning area as of the date the board most
recently adopted a state water plan under Section 16.051 or, at the
option of the regional water planning group, established subsequent
to the adoption of the most recent plan;
(3) identifies:
(A) each source of water supply in the regional
water planning area, including information supplied by the
executive administrator on the amount of managed available
groundwater in accordance with the guidelines provided by the
development board under Subsections (d) and (f);
(B) factors specific to each source of water
supply to be considered in determining whether to initiate a
drought response;
(C) actions to be taken as part of the response;
and
(D) existing major water infrastructure
facilities that may be used for interconnections in the event of an
emergency shortage of water;
(4) has specific provisions for water management
strategies to be used during a drought of record;
(5) includes but is not limited to consideration of
the following:
(A) any existing water or drought planning
efforts addressing all or a portion of the region;
(B) approved groundwater conservation district
management plans and other plans submitted under Section 16.054;
(C) all potentially feasible water management
strategies, including but not limited to improved conservation,
reuse, and management of existing water supplies, conjunctive use,
acquisition of available existing water supplies, and development
of new water supplies;
(D) protection of existing water rights in the
region;
(E) opportunities for and the benefits of
developing regional water supply facilities or providing regional
management of water supply facilities;
(F) appropriate provision for environmental
water needs and for the effect of upstream development on the bays,
estuaries, and arms of the Gulf of Mexico and the effect of plans on
navigation;
(G) provisions in Section 11.085(k)(1) if
interbasin transfers are contemplated;
(H) voluntary transfer of water within the region
using, but not limited to, regional water banks, sales, leases,
options, subordination agreements, and financing agreements; and
(I) emergency transfer of water under Section
11.139, including information on the part of each permit, certified
filing, or certificate of adjudication for nonmunicipal use in the
region that may be transferred without causing unreasonable damage
to the property of the nonmunicipal water rights holder;
(6) identifies river and stream segments of unique
ecological value and sites of unique value for the construction of
reservoirs that the regional water planning group recommends for
protection under Section 16.051;
(7) assesses the impact of the plan on unique river and
stream segments identified in Subdivision (6) if the regional water
planning group or the legislature determines that a site of unique
ecological value exists; and
(8) describes the impact of proposed water projects on
water quality.
SECTION 10. Section 16.402, Water Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) The board and commission jointly shall adopt rules:
(1) identifying the minimum requirements and
submission deadlines for the annual reports required by Subsection
(b); [and]
(2) requiring the uniform water use calculation system
developed under Section 16.403 to be used in the reports required by
Subsection (b); and
(3) providing for the enforcement of this section and
rules adopted under this section.
(f) At a minimum, rules adopted under Subsection (e)(2) must
require an entity to report the most detailed level of municipal
water use data currently available to the entity. The board and
commission may not adopt a rule that requires an entity to report
municipal water use data that is more detailed than the entity's
billing system is capable of producing.
SECTION 11. Subchapter K, Chapter 16, Water Code, is
amended by adding Section 16.403 to read as follows:
Sec. 16.403. UNIFORM WATER USE CALCULATION SYSTEM. The
board and the commission, in consultation with the Water
Conservation Advisory Council, shall develop a uniform system for
calculating municipal water use in gallons per capita per day to be
used by each entity required to submit a water conservation plan to
the board or the commission under this code.
SECTION 12. Section 17.003, Water Code, is amended by
adding Subsections (c), (d), (e), and (f) to read as follows:
(c) Water financial assistance bonds that have been
authorized but have not been issued are not considered to be state
debt payable from the general revenue fund for purposes of Section
49-j, Article III, Texas Constitution, until the legislature makes
an appropriation from the general revenue fund to the board to pay
the debt service on the bonds.
(d) In requesting approval for the issuance of bonds under
this chapter, the executive administrator shall certify to the bond
review board whether the bonds are reasonably expected to be paid
from:
(1) the general revenues of the state; or
(2) revenue sources other than the general revenues of
the state.
(e) The bond review board shall verify whether debt service
on bonds to be issued by the board under this chapter is state debt
payable from the general revenues of the state, in accordance with
the findings made by the board in the resolution authorizing the
issuance of the bonds and the certification provided by the
executive administrator under Subsection (d).
(f) Bonds issued under this chapter that are designed to be
paid from the general revenues of the state shall cease to be
considered bonds payable from those revenues if:
(1) the bonds are backed by insurance or another form
of guarantee that ensures payment from a source other than the
general revenues of the state; or
(2) the board demonstrates to the satisfaction of the
bond review board that the bonds no longer require payment from the
general revenues of the state and the bond review board so certifies
to the Legislative Budget Board.
SECTION 13. Section 17.9022, Water Code, is amended to read
as follows:
Sec. 17.9022. FINANCING OF GRANT OR LOAN FOR POLITICAL
SUBDIVISION; DEFAULT; VENUE. [(a)] The board may make a loan or
grant available to a political subdivision in any manner the board
considers economically feasible, including purchase of bonds or
securities of the political subdivision or execution of a loan or
grant agreement with the political subdivision. The board may not
purchase bonds or securities that have not been approved by the
attorney general and registered by the comptroller.
[(b) In the event of a default in payment of the principal of
or interest on bonds or securities purchased by the board, or any
other default as defined in the proceedings or indentures
authorizing the issuance of bonds, or a default of any of the terms
of a loan agreement, the attorney general shall seek a writ of
mandamus or other legal remedy to compel the political subdivision
or its officers, agents, and employees to cure the default by
performing the duties they are legally obligated to perform. The
proceedings shall be brought and venue is in a district court in
Travis County. This subsection is cumulative of any other rights or
remedies to which the board may be entitled.]
SECTION 14. Section 36.001, Water Code, is amended by
adding Subdivision (30) to read as follows:
(30) "Desired future condition" means a quantitative
description, adopted in accordance with Section 36.108, of the
desired condition of the groundwater resources in a management area
at one or more specified future times.
SECTION 15. Section 36.063, Water Code, is amended to read
as follows:
Sec. 36.063. NOTICE OF MEETINGS. (a) Except as provided
by Subsections (b) and (c), notice [Notice] of meetings of the board
shall be given as set forth in the Open Meetings Act, Chapter 551,
Government Code. Neither failure to provide notice of a regular
meeting nor an insubstantial defect in notice of any meeting shall
affect the validity of any action taken at the meeting.
(b) At least 10 days before any meeting or hearing at which
the board will consider or take public comments on the desired
future condition for an aquifer, including a joint planning meeting
under Section 36.108 attended by a district representative, the
board must post notice that includes:
(1) the proposed desired future condition or
conditions and a list of any other agenda items;
(2) the date, time, and location of the meeting or
hearing;
(3) the name, telephone number, and address of the
person to whom questions or requests for additional information may
be submitted;
(4) the names of the other districts in the district's
management area; and
(5) information on how the public may submit comments.
(c) Notice of a meeting or hearing described by Subsection
(b) must be posted:
(1) in the district office;
(2) in the county courthouse of each county located
wholly or partly in the district;
(3) with the secretary of state; and
(4) on the district's Internet website, if the
district has an Internet website.
(d) The Texas Water Development Board by rule may adopt
additional notice provisions for a meeting described by Subsection
(b) to ensure reasonable notice to and comment from affected
stakeholders such as landowners, permit holders, local officials,
and other members of the public.
SECTION 16. Subsections (a) and (e), Section 36.1071, Water
Code, are amended to read as follows:
(a) Following notice and hearing, the district shall, in
coordination with surface water management entities on a regional
basis, develop a comprehensive management plan which addresses the
following management goals, as applicable:
(1) providing the most efficient use of groundwater;
(2) controlling and preventing waste of groundwater;
(3) controlling and preventing subsidence;
(4) addressing conjunctive surface water management
issues;
(5) addressing natural resource issues;
(6) addressing drought conditions;
(7) addressing conservation, recharge enhancement,
rainwater harvesting, precipitation enhancement, or brush control,
where appropriate and cost-effective; and
(8) addressing [in a quantitative manner] the desired
future conditions adopted by the district under Section 36.108 [of
the groundwater resources].
(e) In the management plan described under Subsection (a),
the district shall:
(1) identify the performance standards and management
objectives under which the district will operate to achieve the
management goals identified under Subsection (a);
(2) specify, in as much detail as possible, the
actions, procedures, performance, and avoidance that are or may be
necessary to effect the plan, including specifications and proposed
rules;
(3) include estimates of the following:
(A) managed available groundwater in the
district based on the desired future condition adopted by rule
[established] under Section 36.108;
(B) the amount of groundwater being used within
the district on an annual basis;
(C) the annual amount of recharge from
precipitation, if any, to the groundwater resources within the
district;
(D) for each aquifer, the annual volume of water
that discharges from the aquifer to springs and any surface water
bodies, including lakes, streams, and rivers;
(E) the annual volume of flow into and out of the
district within each aquifer and between aquifers in the district,
if a groundwater availability model is available;
(F) the projected surface water supply in the
district according to the most recently adopted state water plan;
and
(G) the projected total demand for water in the
district according to the most recently adopted state water plan;
and
(4) consider the water supply needs and water
management strategies included in the adopted state water plan.
SECTION 17. Subchapter D, Chapter 36, Water Code, is
amended by amending Section 36.108 and adding Sections 36.1081,
36.1082, 36.1083, 36.1084, and 36.1085 to read as follows:
Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) In
this section:
(1) "Development[, "development] board" means the
Texas Water Development Board.
(2) "District representative" means the presiding
officer or the presiding officer's designee for any district
located wholly or partly in the management area.
(b) If two or more districts are located within the
boundaries of the same management area, each district shall prepare
a comprehensive management plan as required by Section 36.1071
covering that district's respective territory. On completion and
approval of the plan as required by Section 36.1072, each district
shall forward a copy of the new or revised management plan to the
other districts in the management area. The boards of the districts
shall consider the plans individually and shall compare them to
other management plans then in force in the management area.
(c) The district representatives [presiding officer, or the
presiding officer's designee, of each district located in whole or
in part in the management area] shall meet at least annually to
conduct joint planning with the other districts in the management
area and to review the management plans, the [and] accomplishments
of [for] the management area, and proposals to adopt new or amend
existing desired future conditions. In reviewing the management
plans, the districts shall consider:
(1) the goals of each management plan and its impact on
planning throughout the management area;
(2) the effectiveness of the measures established by
each management plan for conserving and protecting groundwater and
preventing waste, and the effectiveness of these measures in the
management area generally;
(3) any other matters that the boards consider
relevant to the protection and conservation of groundwater and the
prevention of waste in the management area; and
(4) the degree to which each management plan achieves
the desired future conditions established during the joint planning
process.
(d) Not later than September 1, 2010, and every five years
thereafter, the districts shall consider groundwater availability
models and other data or information for the management area and
shall propose for adoption [establish] desired future conditions
for the relevant aquifers within the management area. Before
voting on the proposed [In establishing the] desired future
conditions of the aquifers under Subsection (d-2) [this section],
the districts shall consider:
(1) aquifer uses or conditions within the management
area, including conditions that differ substantially from one
geographic area to another;
(2) the water supply needs and water management
strategies included in the state water plan;
(3) hydrological conditions, including for each
aquifer in the management area the total estimated recoverable
storage as provided by the executive administrator, and the average
annual recharge, inflows, and discharge;
(4) other environmental impacts, including impacts on
spring flow and other interactions between groundwater and surface
water;
(5) the impact on subsidence;
(6) socioeconomic impacts reasonably expected to
occur;
(7) the impact on the interests and rights in private
property, including ownership and the rights of management area
landowners and their lessees and assigns in groundwater as
recognized under Section 36.002;
(8) whether the desired future conditions are
physically possible; and
(9) any other information relevant to the specific
desired future conditions [uses or conditions of an aquifer within
the management area that differ substantially from one geographic
area to another].
(d-1) The districts may establish different desired future
conditions for:
(1) each aquifer, subdivision of an aquifer, or
geologic strata located in whole or in part within the boundaries of
the management area; or
(2) each geographic area overlying an aquifer in whole
or in part or subdivision of an aquifer within the boundaries of the
management area.
(d-2) [(d-1)] The desired future conditions proposed
[established] under Subsection (d) must be approved [adopted] by a
two-thirds vote of all the district representatives for
distribution to the districts in the management area. A 30-day
period for public comments begins on the day the proposed desired
future conditions are mailed to the districts. During the public
comment period and after posting notice as required by Section
36.063, each district shall hold a public hearing on the proposed
desired future conditions relevant to that district. During the
public comment period, the district shall make available in its
office a copy of the proposed desired future conditions and any
supporting materials, such as the documentation of factors
considered under Subsection (d) and groundwater availability model
run results. After the public hearing, the district shall prepare
for consideration at the next joint planning meeting a district
report that includes comments received, suggested revisions to the
proposed desired future conditions, and the basis for the revisions
[present at a meeting:
[(1) at which at least two-thirds of the districts
located in whole or in part in the management area have a voting
representative in attendance; and
[(2) for which all districts located in whole or in
part in the management area provide public notice in accordance
with Chapter 551, Government Code.
[(d-2) Each district in the management area shall ensure
that its management plan contains goals and objectives consistent
with achieving the desired future conditions of the relevant
aquifers as adopted during the joint planning process].
(d-3) After the districts have submitted their district
reports under Subsection (d-2), the district representatives shall
reconvene to review the reports, consider any district's suggested
revisions to the proposed desired future conditions, and finally
adopt the desired future conditions for the management area. The
desired future conditions must be adopted as a resolution by a
two-thirds vote of all the district representatives. The district
representatives shall produce a desired future conditions
explanatory report for the management area and submit to the
development board and each district in the management area proof
that notice was posted for the adoption meeting, a copy of the
resolution, and a copy of the explanatory report. The report must:
(1) identify each desired future condition;
(2) provide the policy and technical justifications
for each desired future condition;
(3) include documentation that the factors under
Subsection (d) were considered by the districts and a discussion of
how the adopted desired future conditions impact each factor;
(4) list other desired future condition options
considered and the reasons why those options were not adopted; and
(5) discuss reasons why recommendations made by
advisory committees and public comments received by the districts
were or were not incorporated into the desired future conditions.
(d-4) As soon as possible after a district receives the
desired future conditions resolution and explanatory report under
Subsection (d-3), the district by rule shall adopt the desired
future conditions in the resolution and report that apply to the
district.
(d-5) A district's adoption of a desired future condition
may be appealed in district court in the manner provided under
Subchapter H for a challenge to a district rule.
(e) Except as provided by this section, a [A] joint meeting
under this section must be held in accordance with Chapter 551,
Government Code. Each district shall comply with Chapter 552,
Government Code. Each district in the management area shall post
uniform notice [Notice] of the meeting [shall be given] in
accordance with Section 36.063 [the requirements for notice of
district board of directors meetings under that Act].
Sec. 36.1081. TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT
PLANNING. (a) On request, the commission and the Texas Water
Development Board shall make technical staff available to serve in
a nonvoting advisory capacity to assist with the development of
desired future conditions during the joint planning process under
Section 36.108.
(b) During the joint planning process under Section 36.108,
the district representatives may appoint and convene nonvoting
advisory subcommittees who represent social, governmental,
environmental, or economic interests to assist in the development
of desired future conditions.
Sec. 36.1082. PETITION FOR INQUIRY. (a) In this section,
"affected person" means, with respect to a management area:
(1) an owner of land in the management area;
(2) a district in or adjacent to the management area;
(3) a regional water planning group with a water
management strategy in the management area;
(4) a person who holds or is applying for a permit from
a district in the management area;
(5) a person who has groundwater rights in the
management area; or
(6) any other person defined as affected by commission
rule.
(b) An affected person [(f) A district or person with a
legally defined interest in the groundwater within the management
area] may file a petition with the commission requesting an inquiry
for any of the following reasons:
(1) a district fails to submit its management plan to
the executive administrator;
(2) [if] a district fails [or districts refused] to
participate [join] in the joint planning process under Section
36.108;
(3) a district fails to adopt rules;
(4) a district fails to adopt the applicable desired
future conditions adopted by the management area at a joint
meeting;
(5) a district fails to update its management plan
before the second anniversary of the adoption of desired future
conditions by the management area;
(6) a district fails to update its rules to implement
the applicable desired future conditions before the first
anniversary of the date it updated its management plan with the
adopted desired future conditions;
(7) [or the process failed to result in adequate
planning, including the establishment of reasonable future desired
conditions of the aquifers, and the petition provides evidence
that:
[(1) a district in the groundwater management area has
failed to adopt rules;
[(2)] the rules adopted by a district are not designed
to achieve the desired future conditions adopted by [condition of
the groundwater resources in] the [groundwater] management area
[established] during the joint planning process;
(8) [(3)] the groundwater in the management area is
not adequately protected by the rules adopted by a district; or
(9) [(4)] the groundwater in the [groundwater]
management area is not adequately protected due to the failure of a
district to enforce substantial compliance with its rules.
(c) [(g)] Not later than the 90th day after the date the
petition is filed, the commission shall review the petition and
either:
(1) dismiss the petition if the commission finds that
the evidence is not adequate to show that any of the conditions
alleged in the petition exist; or
(2) select a review panel as provided in Subsection
(d) [(h)].
(d) [(h)] If the petition is not dismissed under Subsection
(c) [(g)], the commission shall appoint a review panel consisting
of a chairman and four other members. A director or general manager
of a district located outside the [groundwater] management area
that is the subject of the petition may be appointed to the review
panel. The commission may not appoint more than two members of the
review panel from any one district. The commission also shall
appoint a disinterested person to serve as a nonvoting recording
secretary for the review panel. The recording secretary may be an
employee of the commission. The recording secretary shall record
and document the proceedings of the panel.
(e) [(i)] Not later than the 120th day after appointment,
the review panel shall review the petition and any evidence
relevant to the petition and, in a public meeting, consider and
adopt a report to be submitted to the commission. The commission
may direct the review panel to conduct public hearings at a location
in the [groundwater] management area to take evidence on the
petition. The review panel may attempt to negotiate a settlement or
resolve the dispute by any lawful means.
(f) [(j)] In its report, the review panel shall include:
(1) a summary of all evidence taken in any hearing on
the petition;
(2) a list of findings and recommended actions
appropriate for the commission to take and the reasons it finds
those actions appropriate; and
(3) any other information the panel considers
appropriate.
(g) [(k)] The review panel shall submit its report to the
commission. The commission may take action under Section 36.3011.
Sec. 36.1083. MANAGED AVAILABLE GROUNDWATER. The Texas
Water Development Board shall require the [(l) A person with a
legally defined interest in the groundwater in the groundwater
management area, a district in or adjacent to the groundwater
management area, or a regional water planning group for a region in
the groundwater management area may file a petition with the
development board appealing the approval of the desired future
conditions of the groundwater resources established under this
section. The petition must provide evidence that the districts did
not establish a reasonable desired future condition of the
groundwater resources in the groundwater management area.
[(m) The development board shall review the petition and any
evidence relevant to the petition. The development board shall
hold at least one hearing at a central location in the management
area to take testimony on the petition. The development board may
delegate responsibility for a hearing to the executive
administrator or to a person designated by the executive
administrator. If the development board finds that the conditions
require revision, the development board shall submit a report to
the districts that includes a list of findings and recommended
revisions to the desired future conditions of the groundwater
resources.
[(n) The districts shall prepare a revised plan in
accordance with development board recommendations and hold, after
notice, at least one public hearing at a central location in the
groundwater management area. After consideration of all public and
development board comments, the districts shall revise the
conditions and submit the conditions to the development board for
review.
[(o) The] districts in a management area to [shall] submit
the desired future conditions resolution adopted [established]
under Section 36.108, proof that notice was posted for the adoption
meeting, and the desired future conditions explanatory report [this
section] to the executive administrator. The executive
administrator shall provide each district and regional water
planning group located wholly or partly in the management area with
the managed available groundwater in the management area based upon
those [the] desired future conditions [condition of the groundwater
resources established under this section].
Sec. 36.1084. MANAGEMENT PLAN GOALS AND OBJECTIVES. Each
district in the management area shall ensure that its management
plan contains goals and objectives consistent with achieving the
desired future conditions of the relevant aquifers as adopted
during the joint planning process.
Sec. 36.1085. JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT
AREA. [(p)] Districts located within the same [groundwater]
management areas or in adjacent management areas may contract to
jointly conduct studies or research, or to construct projects,
under terms and conditions that the districts consider beneficial.
These joint efforts may include studies of groundwater availability
and quality, aquifer modeling, and the interaction of groundwater
and surface water; educational programs; the purchase and sharing
of equipment; and the implementation of projects to make
groundwater available, including aquifer recharge, brush control,
weather modification, desalination, regionalization, and treatment
or conveyance facilities. The districts may contract under their
existing authorizations including those of Chapter 791, Government
Code, if their contracting authority is not limited by Sections
791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
SECTION 18. Section 36.3011, Water Code, is amended to read
as follows:
Sec. 36.3011. COMMISSION ACTION REGARDING [FAILURE OF]
DISTRICT DUTIES [TO CONDUCT JOINT PLANNING]. Not later than the
45th day after receiving the review panel's report under Section
36.1082 [36.108], the executive director or the commission shall
take action to implement any or all of the panel's recommendations.
The commission may take any action against a district it considers
necessary in accordance with Section 36.303 if the commission finds
that:
(1) the [a] district has failed to submit its
management plan to the executive administrator;
(2) the district has failed to participate in the
joint planning process under Section 36.108;
(3) the [a] district has failed to adopt rules;
(4) the district has failed to adopt the applicable
desired future conditions adopted by the management area at a joint
meeting;
(5) the district has failed to update its management
plan before the second anniversary of the adoption of desired
future conditions by the management area;
(6) the district has failed to update its rules to
implement the applicable desired future conditions before the first
anniversary of the date it updated its management plan with the
adopted desired future conditions;
(7) [(3)] the rules adopted by the district are not
designed to achieve the desired future conditions adopted by
[condition of the groundwater resources in] the [groundwater]
management area during the joint planning process; [or]
(8) [(4)] the groundwater in the management area is
not adequately protected by the rules adopted by the district;[,]
or
(9) the groundwater in the management area is not
adequately protected because of the district's failure to enforce
substantial compliance with its rules.
SECTION 19. Sections 15.908 and 17.180, Water Code, are
repealed.
SECTION 20. As soon as practicable after the effective date
of this Act, groundwater conservation districts shall appoint
initial representatives to regional water planning groups as
required by Subsection (c), Section 16.053, Water Code, as amended
by this Act.
SECTION 21. Not later than January 1, 2013:
(1) the Texas Commission on Environmental Quality
shall adopt rules under Subsection (f), Section 11.1271, Water
Code, as amended by this Act;
(2) the Texas Water Development Board and the Texas
Commission on Environmental Quality jointly shall adopt rules under
Subsection (e), Section 16.402, Water Code, as amended by this Act;
and
(3) the Texas Water Development Board and the Texas
Commission on Environmental Quality, in consultation with the Water
Conservation Advisory Council, shall develop the water use
calculation system required by Section 16.403, Water Code, as added
by this Act.
SECTION 22. The notice provisions of Subsections (b) and
(c), Section 36.063, Water Code, as added by this Act, apply only to
a meeting or hearing of a groundwater conservation district or a
joint planning meeting of groundwater conservation districts held
on or after the effective date of this Act. A meeting or hearing
held before the effective date of this Act is subject to the notice
provisions in effect at the time of the meeting or hearing, and
those provisions are continued in effect for that purpose.
SECTION 23. The requirement that a groundwater conservation
district's management plan under Subsection (e), Section 36.1071,
Water Code, as amended by this Act, include the desired future
conditions adopted under Section 36.108, Water Code, as amended by
this Act, for submission to the executive administrator of the
Texas Water Development Board before the plan is considered
administratively complete applies only to a district management
plan submitted to the executive administrator on or after the
effective date of this Act. A management plan submitted before the
effective date of this Act is governed by the law in effect on the
date the plan was submitted, and that law is continued in effect for
that purpose.
SECTION 24. The procedures for the adoption and reporting
of desired future conditions of groundwater resources in a
management area under Section 36.108, Water Code, as amended by
this Act, and 36.1083, Water Code, as added by this Act, apply only
to the adoption of desired future conditions that occurs on or after
the effective date of this Act. Desired future conditions adopted
before the effective date of this Act are governed by the law in
effect on the date the desired future conditions were adopted, and
that law is continued in effect for that purpose.
SECTION 25. A petition filed and pending on the effective
date of this Act before the Texas Water Development Board to appeal
the adoption of desired future conditions by a groundwater
management area under former Subsection (l), Section 36.108, Water
Code, shall be handled by the Texas Water Development Board in
compliance with Subsections (l), (m), and (n), Section 36.108,
Water Code, as those subsections existed before the effective date
of this Act.
SECTION 26. This Act takes effect September 1, 2011.