Texas 2015 - 84th Regular

Texas House Bill HB950 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Lucio III (Senate Sponsor - Perry) H.B. No. 950
2	2	(In the Senate - Received from the House May 4, 2015;
3	3	May 5, 2015, read first time and referred to Committee on
4	4	Agriculture, Water, and Rural Affairs; May 26, 2015, reported
5	5	favorably by the following vote: Yeas 6, Nays 0; May 26, 2015, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the review of groundwater conservation districts by the
12	12	state auditor.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 35.018(b), Water Code, is amended to
15	15	read as follows:
16	16	(b) The report must include:
17	17	(1) the names and locations of all priority
18	18	groundwater management areas and districts created or attempted to
19	19	be created on or after November 5, 1985, the effective date of
20	20	Chapter 133 (H.B. No. 2), Acts of the 69th Legislature, Regular
21	21	Session, 1985;
22	22	(2) the authority under which each priority
23	23	groundwater management area and district was proposed for creation;
24	24	(3) a detailed analysis of each election held to
25	25	confirm the creation of a district, including analysis of election
26	26	results, possible reasons for the success or failure to confirm the
27	27	creation of a district, and the possibility for future voter
28	28	approval of districts in areas in which attempts to create
29	29	districts failed;
30	30	(4) a detailed analysis of the activities of each
31	31	district created, including those districts which are implementing
32	32	management plans certified under Section 36.1072;
33	33	(5) a report on [audits performed on districts under
34	34	Section 36.302 and] remedial actions taken under Section 36.303;
35	35	(6) recommendations for changes in this chapter and
36	36	Chapter 36 that will facilitate the creation of priority
37	37	groundwater management areas and the creation and operation of
38	38	districts;
39	39	(7) a report on educational efforts in newly
40	40	designated priority groundwater management areas; and
41	41	(8) any other information and recommendations that the
42	42	commission considers relevant.
43	43	SECTION 2. Section 36.061(b), Water Code, is amended to
44	44	read as follows:
45	45	(b) The state auditor may conduct a financial audit [the
46	46	records] of any district if the state auditor determines that the
47	47	audit is necessary.
48	48	SECTION 3. Section 36.1072(f), Water Code, is amended to
49	49	read as follows:
50	50	(f) If the executive administrator does not approve the
51	51	district's management plan, the executive administrator shall
52	52	provide to the district, in writing, the reasons for the
53	53	action. Not later than the 180th day after the date a district
54	54	receives notice that its management plan has not been approved, the
55	55	district may submit a revised management plan for review and
56	56	approval. The executive administrator's decision may be appealed
57	57	to the development board. If the development board decides not to
58	58	approve the district's management plan on appeal, the district may
59	59	request that the conflict be mediated. The district and the board
60	60	may seek the assistance of the Center for Public Policy Dispute
61	61	Resolution at The University of Texas School of Law or an
62	62	alternative dispute resolution system established under Chapter
63	63	152, Civil Practice and Remedies Code, in obtaining a qualified
64	64	impartial third party to mediate the conflict. The cost of the
65	65	mediation services must be specified in the agreement between the
66	66	parties and the Center for Public Policy Dispute Resolution or the
67	67	alternative dispute resolution system. If the parties do not
68	68	resolve the conflict through mediation, the decision of the
69	69	development board not to approve the district's management plan may
70	70	be appealed to a district court in Travis County. Costs for the
71	71	appeal shall be set by the court hearing the appeal. An appeal
72	72	under this subsection is by trial de novo. The commission shall
73	73	not take enforcement action against a district under Subchapter I
74	74	until the latest of the expiration of the 180-day period, the date
75	75	the development board has taken final action withholding approval
76	76	of a revised management plan, the date the mediation is completed,
77	77	or the date a final judgment upholding the board's decision is
78	78	entered by a district court. An enforcement action may not be
79	79	taken against a district by the commission [or the state auditor]
80	80	under Subchapter I because the district's management plan and the
81	81	approved regional water plan are in conflict while the parties are
82	82	attempting to resolve the conflict before the development board, in
83	83	mediation, or in court. Rules of the district continue in full
84	84	force and effect until all appeals under this subsection have been
85	85	exhausted and the final judgment is adverse to the district.
86	86	SECTION 4. Section 36.303(a), Water Code, is amended to
87	87	read as follows:
88	88	(a) If Section [36.108,] 36.301 or 36.3011[, or 36.302(f)]
89	89	applies, the commission, after notice and hearing in accordance
90	90	with Chapter 2001, Government Code, shall take action the
91	91	commission considers appropriate, including:
92	92	(1) issuing an order requiring the district to take
93	93	certain actions or to refrain from taking certain actions;
94	94	(2) dissolving the board in accordance with Sections
95	95	36.305 and 36.307 and calling an election for the purpose of
96	96	electing a new board;
97	97	(3) requesting the attorney general to bring suit for
98	98	the appointment of a receiver to collect the assets and carry on the
99	99	business of the groundwater conservation district; or
100	100	(4) dissolving the district in accordance with
101	101	Sections 36.304, 36.305, and 36.308.
102	102	SECTION 5. Section 36.302, Water Code, is repealed.
103	103	SECTION 6. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2015.
108	108	* * * * *