By: Hinojosa S.R. No. 1250
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 660 (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), to consider and take action on the following
matters:
(1) Senate Rules 12.03(1) and (4) are suspended to permit
the committee to change text not in disagreement and to add text
on a matter not included in either the house or senate version of
the bill in proposed Section 17 of the bill, by adding Section
36.1083, Water Code, to read as follows:
Sec. 36.1083. APPEAL OF DESIRED FUTURE CONDITIONS.
(a) In this section, "development board" means the Texas Water
Development Board.
(b) [(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.
(c) [(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.
(d) [(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.
Explanation: This change is necessary to restore language
in current law regarding the method for appealing desired future
conditions that was bracketed out by the house and senate
versions of the bill.
(2) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in proposed Section
24 of the bill to read as follows:
SECTION 24. The requirement that a groundwater
conservation district's management plan under Subsection (a),
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.
Explanation: This change is necessary to correct an error
in a cross-reference.
(3) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in Section 25 of the
senate and house versions of the bill that reads as follows:
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.
Explanation: This change is necessary to reflect the
addition of Section 36.1083, Water Code, which restores language
in current law that was bracketed out by the house and senate
versions of the bill.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2011, by
the
_______________________________
Secretary of the Senate