Texas 2015 - 84th Regular

Texas House Bill HB1248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R21563 SLB-F
2		-	By: Lucio III H.B. No. 1248
3		-	Substitute the following for H.B. No. 1248:
4		-	By: Larson C.S.H.B. No. 1248
	2	+	By: Lucio III, Cyrier H.B. No. 1248
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the renewal or amendment of certain permits issued by
10	8		groundwater conservation districts.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 36.001, Water Code, is amended by adding
13	11		Subdivision (31) to read as follows:
14	12		(31) "Operating permit" means any permit issued by the
15	13		district for the operation of or production from a well, including a
16	14		permit to drill or complete a well if the district does not require
17	15		a separate permit for the drilling or completion of a well.
18	16		SECTION 2. Sections 36.113(d) and (f), Water Code, are
19	17		amended to read as follows:
20	18		(d) This subsection does not apply to the renewal of an
21	19		operating permit issued under Section 36.1145. Before granting or
22	20		denying a permit, or a permit amendment issued in accordance with
23	21		Section 36.1146, the district shall consider whether:
24	22		(1) the application conforms to the requirements
25	23		prescribed by this chapter and is accompanied by the prescribed
26	24		fees;
27	25		(2) the proposed use of water unreasonably affects
28	26		existing groundwater and surface water resources or existing permit
29	27		holders;
30	28		(3) the proposed use of water is dedicated to any
31	29		beneficial use;
32	30		(4) the proposed use of water is consistent with the
33	31		district's approved management plan;
34	32		(5) if the well will be located in the Hill Country
35	33		Priority Groundwater Management Area, the proposed use of water
36	34		from the well is wholly or partly to provide water to a pond, lake,
37	35		or reservoir to enhance the appearance of the landscape;
38	36		(6) the applicant has agreed to avoid waste and
39	37		achieve water conservation; and
40	38		(7) the applicant has agreed that reasonable diligence
41	39		will be used to protect groundwater quality and that the applicant
42	40		will follow well plugging guidelines at the time of well closure.
43	41		(f) This subsection does not apply to the renewal of an
44	42		operating permit issued under Section 36.1145. Permits, and permit
45	43		amendments issued in accordance with Section 36.1146, may be issued
46	44		subject to the rules promulgated by the district and subject to
47	45		terms and provisions with reference to the drilling, equipping,
48	46		completion, alteration, or operation of, or production of
49	47		groundwater from, wells or pumps that may be necessary to prevent
50	48		waste and achieve water conservation, minimize as far as
51	49		practicable the drawdown of the water table or the reduction of
52	50		artesian pressure, lessen interference between wells, or control
53	51		and prevent subsidence.
54	52		SECTION 3. Sections 36.114(b) and (c), Water Code, are
55	53		amended to read as follows:
56	54		(b) For each activity for which the district determines a
57	55		permit or permit amendment is required under Subsection (a), and
58	56		that is not exempt from a hearing requirement under Section
59	57		36.1145, the district by rule shall determine whether a hearing on
60	58		the permit or permit amendment application is required.
61	59		(c) For all applications for which a hearing is not required
62	60		under Subsection (b) or Section 36.1145, the board shall act on the
63	61		application at a meeting, as defined by Section 551.001, Government
64	62		Code, unless the board by rule has delegated to the general manager
65	63		the authority to act on the application.
66	64		SECTION 4. Subchapter D, Chapter 36, Water Code, is amended
67	65		by adding Sections 36.1145 and 36.1146 to read as follows:
68	66		Sec. 36.1145. OPERATING PERMIT RENEWAL. (a) Except as
69	67		provided by Subsection (b), a district shall without a hearing
70	68		renew or approve an application to renew an operating permit before
71	69		the date on which the permit expires, provided that:
72	70		(1) the application, if required by the district, is
73	71		submitted in a timely manner and accompanied by any required fees in
74	72		accordance with district rules; and
75	73		(2) the permit holder is not requesting a change
76	74		related to the renewal that would require a permit amendment under
77	75		district rules.
78	76		(b) A district is not required to renew a permit under this
79	77		section if the applicant:
80	78		(1) is delinquent in paying a fee required by the
81	79		district;
82	80		(2) is subject to a pending enforcement action for a
83	81		substantive violation of a district permit, order, or rule that has
84	82		not been settled by agreement with the district or a final
85	83		adjudication; or
86	84		(3) has not paid a civil penalty or has otherwise
87	85		failed to comply with an order resulting from a final adjudication
88	86		of a violation of a district permit, order, or rule.
89	87		(c) If a district is not required to renew a permit under
90	88		Subsection (b)(2), the permit remains in effect until the final
91	89		settlement or adjudication on the matter of the substantive
92	90		violation.
93	91		Sec. 36.1146. CHANGE IN OPERATING PERMITS. (a) If the
94	92		holder of an operating permit, in connection with the renewal of a
95	93		permit or otherwise, requests a change that requires an amendment
96	94		to the permit under district rules, the permit as it existed before
97	95		the permit amendment process remains in effect until the later of:
98	96		(1) the conclusion of the permit amendment or renewal
99	97		process, as applicable; or
100	98		(2) final settlement or adjudication on the matter of
101	99		whether the change to the permit requires a permit amendment.
102	100		(b) If the permit amendment process results in the denial of
103	101		an amendment, the permit as it existed before the permit amendment
104	102		process shall be renewed under Section 36.1145 without penalty,
105	103		unless Subsection (b) of that section applies to the applicant.
106	104		(c) A district may initiate an amendment to an operating
107	105		permit, in connection with the renewal of a permit or otherwise, in
108	106		accordance with the district's rules. If a district initiates an
109	107		amendment to an operating permit, the permit as it existed before
110	108		the permit amendment process shall remain in effect until the
111	109		conclusion of the permit amendment or renewal process, as
112	110		applicable.
113	111		SECTION 5. Section 36.402, Water Code, is amended to read as
114	112		follows:
115	113		Sec. 36.402. APPLICABILITY. Except as provided by Section
116	114		36.416, this subchapter applies to the notice and hearing process
117	115		used by a district for permit and permit amendment applications for
118	116		which a hearing is required.
119	117		SECTION 6. As soon as practicable after the effective date
120	118		of this Act, groundwater conservation districts shall adopt rules
121	119		to implement the changes in law made by this Act.
122	120		SECTION 7. Sections 36.1145 and 36.1146, Water Code, as
123	121		added by this Act, apply only to a permit renewal for a permit
124	122		issued by a groundwater conservation district initiated on or after
125	123		the effective date of this Act. A permit renewal initiated before
126	124		that date is governed by the law in effect on the date the permit
127	125		renewal was initiated, and the former law is continued in effect for
128	126		that purpose.
129	127		SECTION 8. This Act takes effect September 1, 2015.