83R7567 SGA-F
By: Rodriguez of Bexar H.B. No. 2768
A BILL TO BE ENTITLED
AN ACT
relating to the administration and judicial review of a suit
involving a groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.251, Water Code, is amended to read as
follows:
Sec. 36.251. SUIT AGAINST DISTRICT. A person, firm,
corporation, or association of persons affected by and dissatisfied
with any provision or with any rule or order made by a district is
entitled to file a suit against the district or its directors to
challenge the validity of the law, rule, or order. The suit shall be
filed in a court of competent jurisdiction in Travis County or any
county in which the district or any part of the district is located.
The suit may only be filed after all administrative appeals to the
district are final.
SECTION 2. Section 36.253, Water Code, is amended to read as
follows:
Sec. 36.253. TRIAL OF SUIT. (a) The burden of proof is on
the petitioner[, and the challenged law, rule, order, or act shall
be deemed prima facie valid].
(b) If the challenged law, rule, order, or act was made or
taken by the district based on the district's review of the proposal
for decision and findings of fact and conclusions of law prepared by
an administrative law judge under a hearing conducted by the State
Office of Administrative Hearings in accordance with a contract
entered into under Section 36.416, the [The] review on appeal is
governed by the substantial evidence rule as defined by Section
2001.174, Government Code.
(c) If the challenged law, rule, order, or act was made or
taken by the district on the basis of any procedure other than a
hearing conducted by the State Office of Administrative Hearings
under a contract in accordance with Section 36.416, the review on
appeal is by trial de novo in accordance with Section 2001.173,
Government Code.
SECTION 3. Sections 36.066(g) and 36.102(d), Water Code,
are repealed.
SECTION 4. The changes in law made by this Act apply only to
a suit involving a groundwater conservation district that is filed
on or after the effective date of this Act. A suit filed before the
effective date of this Act is subject to the law in effect on the
date the suit is filed, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2013.