H.B. No. 1066
AN ACT
relating to extensions of an expired permit for the transfer of
groundwater from a groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.122, Water Code, is amended by adding
Subsections (j-1), (j-2), (r), and (s) and amending Subsection (k)
to read as follows:
(j-1) A district shall extend a term under Subsection (i)(2)
or (j) on or before its expiration in the manner prescribed by
Section 36.1145:
(1) to a term that is not shorter than the term of an
operating permit for the production of water to be transferred that
is in effect at the time of the extension; and
(2) for each additional term for which that operating
permit for production is renewed under Section 36.1145 or remains
in effect under Section 36.1146.
(j-2) A permit extended under Subsection (j-1) continues to
be subject to conditions contained in the permit as issued before
the extension.
(k) Notwithstanding the period specified under Subsection
[in Subsections] (i), [and] (j), or (j-1) during which water may be
transferred under a permit, a district may periodically review the
amount of water that may be transferred under the permit and may
limit the amount if additional factors considered in Subsection (f)
warrant the limitation, subject to Subsection (c). The review
described by this subsection may take place not more frequently
than the period provided for the review or renewal of regular
permits issued by the district. In its determination of whether to
renew a permit issued under this section, the district shall
consider relevant and current data for the conservation of
groundwater resources and shall consider the permit in the same
manner it would consider any other permit in the district.
(r) The district may grant or deny an application to extend
a term under Subsection (i)(2) or (j) submitted under this section
only using rules that were in effect at the time the application was
submitted.
(s) An application to extend a term under Subsection (i)(2)
or (j) is governed solely by district rules consistent with
Subsection (j-1).
SECTION 2. The changes in law made by this Act apply only to
the term of a permit issued under Sections 36.122(i) and (j), Water
Code, that expires after September 1, 2019.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1066 was passed by the House on April
3, 2019, by the following vote: Yeas 147, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1066 was passed by the Senate on May
8, 2019, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor