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Texas House Bill HB31

Texas 2017 - 85th Regular

Texas House Bill HB31 Compare Versions

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1-By: Larson, et al. (Senate Sponsor - Perry) H.B. No. 31
2- (In the Senate - Received from the House April 26, 2017;
3- May 15, 2017, read first time and referred to Committee on
4- Agriculture, Water & Rural Affairs; May 19, 2017, reported
5- adversely, with favorable Committee Substitute by the following
6- vote: Yeas 5, Nays 0; May 19, 2017, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR H.B. No. 31 By: Perry
1+85R20624 AAF-F
2+ By: Larson, et al. H.B. No. 31
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
137 relating to the regulation of groundwater.
148 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15- SECTION 1. Section 35.018(b), Water Code, is amended to
16- read as follows:
17- (b) The report must include:
18- (1) the names and locations of all priority
19- groundwater management areas and districts created or attempted to
20- be created on or after November 5, 1985, the effective date of
21- Chapter 133 (H.B. No. 2), Acts of the 69th Legislature, Regular
22- Session, 1985;
23- (2) the authority under which each priority
24- groundwater management area and district was proposed for creation;
25- (3) a detailed analysis of each election held to
26- confirm the creation of a district, including analysis of election
27- results, possible reasons for the success or failure to confirm the
28- creation of a district, and the possibility for future voter
29- approval of districts in areas in which attempts to create
30- districts failed;
31- (4) a detailed analysis of the activities of each
32- district created, including those districts which are implementing
33- management plans certified under Section 36.1072;
34- (5) a report on [audits performed on districts under
35- Section 36.302 and] remedial actions taken under Section 36.303;
36- (6) recommendations for changes in this chapter and
37- Chapter 36 that will facilitate the creation of priority
38- groundwater management areas and the creation and operation of
39- districts;
40- (7) a report on educational efforts in newly
41- designated priority groundwater management areas; and
42- (8) any other information and recommendations that the
43- commission considers relevant.
44- SECTION 2. Sections 36.001(2) and (7), Water Code, are
9+ SECTION 1. Sections 36.113(c) and (d), Water Code, are
4510 amended to read as follows:
46- (2) "Commission" means the Texas [Natural Resource
47- Conservation] Commission on Environmental Quality or its
48- successor.
49- (7) "Subdivision of a groundwater reservoir" means a
50- definable part of a groundwater reservoir in which the groundwater
51- supply will not be appreciably affected by withdrawing water from
52- any other part of the reservoir, as indicated by known geological
53- and hydrological conditions and relationships [and on foreseeable
54- economic development] at the time the subdivision is designated or
55- altered.
56- SECTION 3. Sections 36.002(a) and (b), Water Code, are
57- amended to read as follows:
58- (a) A [The legislature recognizes that a] landowner owns the
59- groundwater below the surface of the landowner's land as real
60- property.
61- (b) The groundwater ownership and rights described by this
62- section entitle the landowner, including a landowner's lessees,
63- heirs, or assigns, to:
64- (1) drill for and produce the groundwater below the
65- surface of real property, subject to Subsection (d), without
66- causing waste or malicious drainage of other property or
67- negligently causing subsidence; [and]
68- (2) the right to use groundwater for a beneficial use
69- without causing waste; and
70- (3) [have] any other right recognized under common
71- law.
72- SECTION 4. Section 36.020(a), Water Code, is amended to
73- read as follows:
74- (a) At an election to create a district, the temporary
75- directors may include a proposition for the issuance of bonds or
76- notes, the levy of taxes to retire all or part of the bonds or notes,
77- and the levy of a maintenance tax. The maintenance tax rate may not
78- exceed 37.5 [50] cents on each $100 of assessed valuation.
79- SECTION 5. Section 36.061(b), Water Code, is amended to
80- read as follows:
81- (b) The state auditor may conduct a financial audit [the
82- records] of any district if the state auditor determines that the
83- audit is necessary.
84- SECTION 6. Section 36.062, Water Code, is amended to read as
85- follows:
86- Sec. 36.062. OFFICES AND MEETING PLACES. (a) The board
87- shall designate from time to time and maintain one or more regular
88- offices for conducting the business of the district and maintaining
89- the records of the district. Such offices must be reasonably
90- accessible to members of the public who reside in the district and
91- may be located either inside or outside the district's boundaries
92- as determined in the discretion of the board.
93- (b) The board shall designate one or more places reasonably
94- accessible to members of the public who reside in the district
95- inside or outside the district for conducting the meetings of the
96- board.
97- SECTION 7. Section 36.101(c), Water Code, is amended to
98- read as follows:
99- (c) The board shall compile its rules and make them
100- available for use and inspection at each of the district's offices
101- [principal office].
102- SECTION 8. Sections 36.1071(e) and (f), Water Code, are
103- amended to read as follows:
104- (e) In the management plan described under Subsection (a),
105- the district shall:
106- (1) identify the performance standards and management
107- objectives under which the district will operate to achieve the
108- management goals identified under Subsection (a);
109- (2) specify, in as much detail as possible, the
110- actions, procedures, performance, and avoidance that are or may be
111- necessary to effect the plan, including specifications and proposed
112- rules; and
113- (3) include estimates of the following:
114- (A) modeled available groundwater in the
115- district based on the desired future condition established under
116- Section 36.108;
117- (B) the amount of groundwater being used within
118- the district on an annual basis;
119- (C) the annual amount of recharge from
120- precipitation, if any, to the groundwater resources within the
121- district;
122- (D) for each aquifer, the estimated annual volume
123- of water that discharges:
124- (i) from the aquifer to springs and any
125- surface water bodies, including lakes, streams, and rivers; and
126- (ii) through evaporation or transpiration;
127- and
128- (E) the annual volume of lateral and vertical
129- flow into and out of the district within each aquifer and between
130- aquifers in the district[, if a groundwater availability model is
131- available;
132- [(F) the projected surface water supply in the
133- district according to the most recently adopted state water plan;
134- and
135- [(G) the projected total demand for water in the
136- district according to the most recently adopted state water plan;
137- and
138- [(4) consider the water supply needs and water
139- management strategies included in the adopted state water plan].
140- (f) The district shall adopt rules necessary to implement
141- the management plan. Prior to the development of the management
142- plan and its approval under Section 36.1072, the district may not
143- adopt rules other than rules pertaining to the registration and
144- interim permitting of new and existing wells and rules governing
145- spacing and procedure before the district's board; however, the
146- district may not adopt any rules limiting the production of wells,
147- except rules requiring that groundwater produced from a well be put
148- to a nonwasteful, beneficial use. A newly created [The] district
149- may accept applications for permits under Section 36.113, provided
150- the district does not act on any such application until the
151- district's initial management plan is approved as provided in
152- Section 36.1072.
153- SECTION 9. Section 36.1072(f), Water Code, is amended to
154- read as follows:
155- (f) If the executive administrator does not approve the
156- district's management plan, the executive administrator shall
157- provide to the district, in writing, the reasons for the
158- action. Not later than the 180th day after the date a district
159- receives notice that its management plan has not been approved, the
160- district may submit a revised management plan for review and
161- approval. The executive administrator's decision may be appealed
162- to the development board. If the development board decides not to
163- approve the district's management plan on appeal, the district may
164- request that the conflict be mediated. The district and the board
165- may seek the assistance of the Center for Public Policy Dispute
166- Resolution at The University of Texas School of Law or an
167- alternative dispute resolution system established under Chapter
168- 152, Civil Practice and Remedies Code, in obtaining a qualified
169- impartial third party to mediate the conflict. The cost of the
170- mediation services must be specified in the agreement between the
171- parties and the Center for Public Policy Dispute Resolution or the
172- alternative dispute resolution system. If the parties do not
173- resolve the conflict through mediation, the decision of the
174- development board not to approve the district's management plan may
175- be appealed to a district court in Travis County. Costs for the
176- appeal shall be set by the court hearing the appeal. An appeal
177- under this subsection is by trial de novo. The commission shall
178- not take enforcement action against a district under Subchapter I
179- until the latest of the expiration of the 180-day period, the date
180- the development board has taken final action withholding approval
181- of a revised management plan, the date the mediation is completed,
182- or the date a final judgment upholding the board's decision is
183- entered by a district court. An enforcement action may not be
184- taken against a district by the commission [or the state auditor]
185- under Subchapter I because the district's management plan and the
186- approved regional water plan are in conflict while the parties are
187- attempting to resolve the conflict before the development board, in
188- mediation, or in court. Rules of the district continue in full
189- force and effect until all appeals under this subsection have been
190- exhausted and the final judgment is adverse to the district.
191- SECTION 10. Section 36.108(d), Water Code, is amended to
192- read as follows:
193- (d) Not later than September 1, 2010, and every five years
194- thereafter, the districts shall consider groundwater monitoring
195- data, groundwater availability models, and other data or
196- information for the management area and shall propose for adoption
197- desired future conditions for the relevant aquifers within the
198- management area. Before voting on the proposed desired future
199- conditions of the aquifers under Subsection (d-2), the districts
200- shall consider:
201- (1) aquifer uses or conditions within the management
202- area, including conditions that differ substantially from one
203- geographic area to another;
204- (2) the water supply needs and water management
205- strategies included in the state water plan;
206- (3) hydrological conditions, including for each
207- aquifer in the management area the total estimated recoverable
208- storage as provided by the executive administrator, and the average
209- annual recharge, inflows, and discharge;
210- (4) other environmental impacts, including impacts on
211- spring flow and other interactions between groundwater and surface
212- water;
213- (5) the impact on subsidence;
214- (6) socioeconomic impacts reasonably expected to
215- occur;
216- (7) the impact on the interests and rights in private
217- property, including ownership and the rights of management area
218- landowners and their lessees and assigns in groundwater as
219- recognized under Section 36.002;
220- (8) the feasibility of achieving the desired future
221- condition and the degree to which any previously adopted desired
222- future condition is being achieved; and
223- (9) any other information relevant to the specific
224- desired future conditions.
225- SECTION 11. Section 36.113, Water Code, is amended by
226- amending Subsections (c) and (d) and adding Subsection (d-1) to
227- read as follows:
22811 (c) A district may require that only the following be
22912 included in the permit or permit amendment application, as
23013 applicable under the rules of the district:
23114 (1) the name and mailing address of the applicant and
23215 the owner of the land on which the well will be located;
23316 (2) if the applicant is other than the owner of the
23417 property, documentation establishing the applicable authority to
23518 construct and operate a well for the proposed use;
23619 (3) a statement of the nature and purpose of the
23720 proposed use and the amount of water to be used for each purpose;
23821 (4) a water conservation plan or a declaration that
23922 the applicant will comply with the district's management plan;
24023 (5) the location of each well and the estimated rate at
24124 which water will be withdrawn;
24225 (6) a water well closure plan or a declaration that the
24326 applicant will comply with well plugging guidelines and report
24427 closure to the commission; [and]
24528 (7) a drought contingency plan; and
24629 (8) other information:
24730 (A) included in a rule of the district in effect
24831 on the date the application is submitted that specifies what
24932 information must be included in an application for a determination
25033 of administrative completeness; and
25134 (B) reasonably related to an issue that a
252- district is authorized to consider under this chapter.
35+ district is authorized to consider:
36+ (i) under this chapter; or
37+ (ii) a special law governing the district.
25338 (d) This subsection does not apply to the renewal of an
25439 operating permit issued under Section 36.1145. Before granting or
25540 denying a permit, or a permit amendment issued in accordance with
25641 Section 36.1146, the district shall consider whether:
25742 (1) the application conforms to the requirements
25843 prescribed by this chapter and is accompanied by the prescribed
25944 fees;
260- (2) the proposed use of water unreasonably affects:
261- (A) existing groundwater and surface water
262- resources; [or]
263- (B) existing permit holders; or
264- (C) registered wells that are exempt from the
265- requirement to obtain a permit under this chapter or district
266- rules;
45+ (2) the projected effect of the proposed production
46+ [use of water] unreasonably affects aquifer conditions, depletion,
47+ or subsidence, existing groundwater and surface water resources, or
48+ existing permit holders;
26749 (3) the proposed use of water is dedicated to any
26850 beneficial use;
26951 (4) the proposed use of water is consistent with the
27052 district's approved management plan;
27153 (5) if the well will be located in the Hill Country
27254 Priority Groundwater Management Area, the proposed use of water
27355 from the well is wholly or partly to provide water to a pond, lake,
27456 or reservoir to enhance the appearance of the landscape;
27557 (6) the applicant has agreed to avoid waste and
27658 achieve water conservation; and
27759 (7) the applicant has agreed that reasonable diligence
27860 will be used to protect groundwater quality and that the applicant
27961 will follow well plugging guidelines at the time of well closure.
280- (d-1) The district's consideration of the effect the
281- proposed use of water has on a registered well described by
282- Subsection (d)(2)(C) does not affect the registered well's permit
283- exemption under this chapter or district rules.
284- SECTION 12. Section 36.114(h), Water Code, is amended to
62+ SECTION 2. Section 36.114(h), Water Code, is amended to
28563 read as follows:
28664 (h) An application is administratively complete if it
28765 contains the [application requires] information set forth under [in
28866 accordance with] Sections 36.113 and 36.1131. A district may not
28967 require that additional information be included in an application
29068 for a determination of administrative completeness.
291- SECTION 13. Subchapter D, Chapter 36, Water Code, is
292- amended by adding Section 36.1147 to read as follows:
69+ SECTION 3. Subchapter D, Chapter 36, Water Code, is amended
70+ by adding Section 36.1147 to read as follows:
29371 Sec. 36.1147. LIMITATION ON APPLICABILITY OF RULES. The
29472 rules of a district in effect on the date an application for a
29573 permit or a permit amendment is submitted to the district are the
29674 only district rules that may govern the district's decision to
29775 grant or deny the application.
298- SECTION 14. The heading to Section 36.122, Water Code, is
76+ SECTION 4. The heading to Section 36.122, Water Code, is
29977 amended to read as follows:
30078 Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER OUT OF
30179 DISTRICT.
302- SECTION 15. Section 36.122, Water Code, is amended by
303- amending Subsections (a), (b), (c), (d), (f), and (k) and adding
304- Subsections (f-1) and (f-2) to read as follows:
80+ SECTION 5. Section 36.122, Water Code, is amended by
81+ amending Subsections (a), (b), (c), and (d) and adding Subsections
82+ (f-1) and (f-2) to read as follows:
30583 (a) This section applies to [If] an application for a permit
30684 or an amendment to a permit under Section 36.113 that proposes the
30785 export [transfer] of groundwater for use outside of a district's
30886 boundaries[, the district may also consider the provisions of this
30987 section in determining whether to grant or deny the permit or permit
31088 amendment].
31189 (b) A district may promulgate rules requiring a person to
31290 obtain an operating [a] permit or an amendment to an operating [a]
31391 permit under Section 36.113 from the district to produce and export
31492 [for the transfer of] groundwater. A district may not require a
31593 separate permit for the export of groundwater for use outside [out]
31694 of the district [to:
31795 [(1) increase, on or after March 2, 1997, the amount of
31896 groundwater to be transferred under a continuing arrangement in
31997 effect before that date; or
32098 [(2) transfer groundwater out of the district on or
32199 after March 2, 1997, under a new arrangement].
322100 (c) Except as provided in Subsection (e) [Section
323- 36.113(e)], the district may not impose more restrictive permit
324- conditions on exporters [transporters] than the district imposes on
325- [existing] in-district users. A district may not deny a permit
326- solely because the applicant intends to export groundwater for use
327- outside of the district.
101+ 36.113(e)], the district may not impose more restrictive
102+ requirements or permit conditions on exporters [transporters] than
103+ the district imposes on [existing] in-district users. A district
104+ may not deny a permit because the applicant intends to export
105+ groundwater for use outside of the district.
328106 (d) The district may impose a reasonable fee for processing
329107 an application under this section. The fee may not exceed fees that
330108 the district imposes for processing other applications under
331109 Section 36.113. An application filed under [to comply with] this
332110 section shall be considered and processed under the same procedures
333111 as other applications for permits under Section 36.113 [and shall
334112 be combined with applications filed to obtain a permit for
335113 in-district water use under Section 36.113 from the same
336114 applicant].
337- (f) In reviewing a proposed transfer of groundwater out of
338- the district, the district shall consider:
339- (1) the availability of water in the district [and in
340- the proposed receiving area] during the period for which the water
341- supply is requested; and
342- (2) the projected effect of the proposed transfer on
343- aquifer conditions, depletion, subsidence, or effects on existing
344- permit holders or other groundwater users within the district[; and
345- [(3) the approved regional water plan and approved
346- district management plan].
347115 (f-1) A term for a permit issued under this section that
348116 existed on May 29, 2017, shall automatically be extended on or
349117 before its expiration:
350118 (1) to a term that is not shorter than the term of an
351119 operating permit for the production of water to be exported that is
352120 in effect at the time of the extension; and
353121 (2) for each additional term for which that operating
354122 permit for production is renewed under Section 36.1145 or remains
355123 in effect under Section 36.1146.
356124 (f-2) A term automatically extended under Subsection (f-1)
357125 continues to be subject to conditions contained in the permit as
358126 issued before the automatic extension.
359- (k) A [Notwithstanding the period specified in Subsections
360- (i) and (j) during which water may be transferred under a permit, a]
361- district may periodically review the amount of water that may be
362- transferred under the permit and may limit the amount if additional
363- factors considered in Subsection (f) warrant the limitation,
364- subject to Subsection (c). The review described by this subsection
365- may take place not more frequently than the period provided for the
366- review or renewal of regular permits issued by the district. In its
367- determination of whether to renew a permit issued under this
368- section, the district shall consider relevant and current data for
369- the conservation of groundwater resources and shall consider the
370- permit in the same manner it would consider any other permit in the
371- district.
372- SECTION 16. Section 36.201(b), Water Code, is amended to
373- read as follows:
374- (b) The board may annually levy taxes to pay the maintenance
375- and operating expenses of the district at a rate not to exceed 37.5
376- [50] cents on each $100 of assessed valuation.
377- SECTION 17. Section 36.303(a), Water Code, is amended to
378- read as follows:
379- (a) If Section 36.301 or [,] 36.3011[, or 36.302(f)]
380- applies, the commission, after notice and hearing in accordance
381- with Chapter 2001, Government Code, shall take action the
382- commission considers appropriate, including:
383- (1) issuing an order requiring the district to take
384- certain actions or to refrain from taking certain actions;
385- (2) dissolving the board in accordance with Sections
386- 36.305 and 36.307 and calling an election for the purpose of
387- electing a new board;
388- (3) requesting the attorney general to bring suit for
389- the appointment of a receiver to collect the assets and carry on the
390- business of the groundwater conservation district; or
391- (4) dissolving the district in accordance with
392- Sections 36.304, 36.305, and 36.308.
393- SECTION 18. Sections 36.4051(a) and (d), Water Code, are
394- amended to read as follows:
395- (a) The board may take action on any uncontested application
396- at a properly noticed public meeting held at any time after the
397- public hearing at which the application is scheduled to be heard.
398- The board may issue a written order to:
399- (1) grant the application;
400- (2) grant the application with special conditions
401- provided that the applicant agrees to the conditions before the
402- issuance of the order; or
403- (3) deny the application.
404- (d) An applicant may, not later than the 20th day after the
405- date the board issues an order granting or denying the application,
406- demand a contested case hearing [if the order:
407- [(1) includes special conditions that were not part of
408- the application as finally submitted; or
409- [(2) grants a maximum amount of groundwater production
410- that is less than the amount requested in the application].
411- SECTION 19. Chapter 36, Water Code, is amended by adding
127+ SECTION 6. Chapter 36, Water Code, is amended by adding
412128 Subchapter M-1 to read as follows:
413129 SUBCHAPTER M-1. MORATORIUM ON ISSUING PERMIT
414130 Sec. 36.426. PROCEDURE FOR ADOPTING MORATORIUM. A district
415131 may not adopt a moratorium on the issuance of a permit or permit
416132 amendment unless the district:
417133 (1) complies with the notice and hearing procedures
418134 prescribed by Section 36.427; and
419135 (2) makes written findings supporting the district's
420136 determination regarding the issuance, including the district's
421137 justification for imposing the moratorium, if applicable.
422138 Sec. 36.427. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a) A
423139 district may impose a moratorium on the issuance of a permit or
424140 permit amendment only after the district conducts a public hearing
425141 as provided by this section. The public hearing must provide
426142 residents of the district and other affected parties an opportunity
427143 to be heard.
428144 (b) The district shall publish notice of the date, time, and
429145 place of the hearing in a newspaper of general circulation in the
430146 district on or before the fourth day before the date of the hearing.
431147 (c) During the period beginning on the fifth business day
432148 after the date a notice is published under Subsection (b) and ending
433149 on the date the district makes its determination under Subsection
434150 (d), a temporary moratorium is imposed. During that period, a
435151 district may stop issuing permits or permit amendments.
436152 (d) Not later than the 12th day after the date of the public
437153 hearing, the district shall make a final determination on whether
438154 to impose the moratorium and shall issue written findings
439155 supporting the district's determination, including the district's
440156 justification for imposing the moratorium, if applicable.
441157 Sec. 36.428. EXPIRATION OF MORATORIUM; EXTENSION
442158 PROHIBITED. A moratorium imposed under this subchapter expires on
443159 the 90th day after the date the district makes its determination
444160 under Section 36.427(d) to impose the moratorium. The district may
445161 not extend a moratorium imposed under this subchapter.
446- SECTION 20. Section 8824.101, Special District Local Laws
447- Code, is amended to read as follows:
448- Sec. 8824.101. RESTRICTIONS ON GENERAL POWERS. Section
449- [Sections] 36.103 [and 36.104], Water Code, does [do] not apply to
450- the district.
451- SECTION 21. Section 8833.102, Special District Local Laws
452- Code, is amended to read as follows:
453- Sec. 8833.102. LIMITATIONS ON DISTRICT POWERS. The
454- district may not impose:
455- (1) a tax; [or]
456- (2) a fee on a well used exclusively for domestic or
457- livestock watering purposes; or
458- (3) production fees for an annual period greater than
459- $1 per acre-foot for water used for agricultural use or 17 cents per
460- thousand gallons for water used for any other purpose.
461- SECTION 22. Section 11, Chapter 1321, Acts of the 77th
462- Legislature, Regular Session, 2001, is amended by adding Subsection
463- (b-1) to read as follows:
464- (b-1) The district may not assess production fees for an
465- annual period greater than $1 per acre-foot for water used for
466- agricultural use or 17 cents per thousand gallons for water used for
467- any other purpose.
468- SECTION 23. The following provisions of the Water Code are
469- repealed:
470- (1) Section 36.001(31), as added by Chapter 415 (H.B.
471- 2767), Acts of the 84th Legislature, Regular Session, 2015;
472- (2) Section 36.104;
473- (3) Section 36.1072(g);
474- (4) Section 36.108(d-5);
475- (5) Sections 36.122(i), (j), (l), (m), (n), (p), and
476- (q);
477- (6) Section 36.205(d); and
478- (7) Section 36.302.
479- SECTION 24. A moratorium on the issuance of a permit or
162+ SECTION 7. Sections 36.122(f), (g), (h), (i), (j), (k),
163+ (l), (m), (n), (o), (p), and (q), Water Code, are repealed.
164+ SECTION 8. A moratorium on the issuance of a permit or
480165 permit amendment that is adopted by a groundwater conservation
481166 district before September 1, 2017, may not continue in effect after
482167 November 30, 2017.
483- SECTION 25. (a) A permit to export groundwater approved by
484- a groundwater conservation district before the effective date of
485- this Act is validated and confirmed in all respects. This
486- subsection does not apply to a permit to export groundwater that is
487- subject to litigation:
168+ SECTION 9. (a) A permit to export groundwater approved by a
169+ groundwater conservation district before the effective date of this
170+ Act is validated and confirmed in all respects. This subsection
171+ does not apply to a permit to export groundwater that is subject to
172+ litigation:
488173 (1) that is pending on the effective date of this Act;
489174 or
490175 (2) that results in final judgment that may not be
491176 appealed that the permit is invalid.
492177 (b) An administratively complete permit application to
493178 export groundwater received by a groundwater conservation district
494179 before the effective date of this Act is governed by the law in
495180 effect when the application became administratively complete. The
496181 former law is continued for the purpose of processing an
497182 application received before the effective date of this Act.
498- (c) Except as provided by Subsection (b) of this section,
499- the changes in law made by this Act apply only to an application for
500- a permit or a permit amendment that is received by a groundwater
501- conservation district on or after the effective date of this Act.
502- An application for a permit or permit amendment that is received
503- before the effective date of this Act is governed by the law in
504- effect on the date the application is received, and that law is
505- continued in effect for that purpose.
506- SECTION 26. To the extent of any conflict, this Act prevails
183+ SECTION 10. To the extent of any conflict, this Act prevails
507184 over another Act of the 85th Legislature, Regular Session, 2017,
508185 relating to changes to Chapter 36, Water Code, or nonsubstantive
509186 additions to and corrections in enacted codes.
510- SECTION 27. This Act takes effect September 1, 2017.
511- * * * * *
187+ SECTION 11. This Act takes effect September 1, 2017.