83R7093 JXC-F
By: Schaefer H.B. No. 1780
A BILL TO BE ENTITLED
AN ACT
relating to emergency orders concerning water rights issued by the
executive director of the Texas Commission on Environmental
Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.053, Water Code, is amended by adding
Subsections (b-1), (b-2), (b-3), and (b-4) and amending Subsection
(c) to read as follows:
(b-1) The executive director shall notify the water rights
holders who may be affected by an order proposed to be issued under
this section of the proposed order not later than the 30th day
before the date the proposed order takes effect.
(b-2) Not later than the 14th day after the date a person
receives the notice, the person may request that the commission
hold a hearing to affirm, modify, or set aside the proposed order.
(b-3) If the commission receives a request under Subsection
(b-2), the commission shall hold a hearing on the proposed order
before the date the proposed order takes effect. At or following the
hearing, but not later than the date the proposed order takes
effect, the commission shall affirm, modify, or set aside the
proposed order.
(b-4) If a person files a petition for judicial review under
Subchapter I, Chapter 5, of a commission decision issued under this
section, the court shall expedite review of the decision.
(c) The commission shall adopt rules to implement this
section, including rules:
(1) defining a drought or other emergency shortage of
water that is not caused by a drought for purposes of this section;
and
(2) specifying the:
(A) conditions under which the executive
director may issue an order under this section;
(B) terms of an order issued under this section,
including the maximum duration of a temporary suspension or
adjustment under this section; and
(C) procedures for notice of and[,] an
opportunity for a hearing on[, and the appeal to the commission of]
an order issued under this section.
SECTION 2. This Act takes effect September 1, 2013.