| 1 | 1 | | 85R11026 AAF-F |
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| 2 | 2 | | By: Larson H.B. No. 4164 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedures for adopting a moratorium on the |
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| 8 | 8 | | issuance of permits by groundwater conservation districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 36, Water Code, is amended by adding |
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| 11 | 11 | | Subchapter M-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER M-1. MORATORIUM ON ISSUING PERMIT |
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| 13 | 13 | | Sec. 36.426. PROCEDURE FOR ADOPTING MORATORIUM. A district |
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| 14 | 14 | | may not adopt a moratorium on the issuance of a permit or permit |
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| 15 | 15 | | amendment unless the district: |
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| 16 | 16 | | (1) complies with the notice and hearing procedures |
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| 17 | 17 | | prescribed by Section 36.427; and |
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| 18 | 18 | | (2) makes written findings supporting the district's |
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| 19 | 19 | | determination regarding the issuance, including the district's |
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| 20 | 20 | | justification for imposing the moratorium, if applicable. |
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| 21 | 21 | | Sec. 36.427. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a) A |
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| 22 | 22 | | district may impose a moratorium on the issuance of a permit or |
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| 23 | 23 | | permit amendment only after the district conducts a public hearing |
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| 24 | 24 | | as provided by this section. The public hearing must provide |
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| 25 | 25 | | residents of the district and other affected parties an opportunity |
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| 26 | 26 | | to be heard. |
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| 27 | 27 | | (b) The district shall publish notice of the date, time, and |
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| 28 | 28 | | place of the hearing in a newspaper of general circulation in the |
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| 29 | 29 | | district on the fourth day before the date of the hearing. |
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| 30 | 30 | | (c) During the period beginning on the fifth business day |
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| 31 | 31 | | after the date a notice is published under Subsection (b) and ending |
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| 32 | 32 | | on the date the district makes its determination under Subsection |
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| 33 | 33 | | (d), a temporary moratorium is imposed. During that period, a |
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| 34 | 34 | | district may stop issuing permits or permit amendments. |
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| 35 | 35 | | (d) Not later than the 12th day after the date of the public |
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| 36 | 36 | | hearing, the district shall make a final determination on whether |
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| 37 | 37 | | to impose the moratorium and shall issue written findings |
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| 38 | 38 | | supporting the district's determination, including the district's |
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| 39 | 39 | | justification for imposing the moratorium, if applicable. |
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| 40 | 40 | | Sec. 36.428. EXPIRATION OF MORATORIUM; EXTENSION |
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| 41 | 41 | | PROHIBITED. A moratorium imposed under this subchapter expires on |
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| 42 | 42 | | the 90th day after the date the district makes its determination |
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| 43 | 43 | | under Section 36.427(d) to impose the moratorium. The district may |
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| 44 | 44 | | not extend a moratorium imposed under this subchapter. |
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| 45 | 45 | | SECTION 2. A moratorium on the issuance of a permit or |
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| 46 | 46 | | permit amendment that is adopted by a groundwater conservation |
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| 47 | 47 | | district before September 1, 2017, may not continue in effect later |
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| 48 | 48 | | than November 30, 2017. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2017. |
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