86R3491 SLB-F
By: Harris H.B. No. 2123
A BILL TO BE ENTITLED
AN ACT
relating to authorizing petitions to change certain rules adopted
by groundwater conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1025 to read as follows:
Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with
groundwater ownership and rights may petition the district where
the property that gives rise to the ownership and rights is located
to adopt a rule or modify a rule adopted under this chapter.
(b) A petition submitted under this section must include:
(1) an explanation of why the adoption or modification
of the rule requested is necessary to be consistent with:
(A) ownership and rights recognized under
Section 36.002; or
(B) conservation or beneficial use of the
groundwater resources located in the district, in regard to either:
(i) the entire district; or
(ii) an aquifer, subdivision of an aquifer,
or geologic strata located in the district; and
(2) proof that the petitioner has complied with the
notice requirements described by Subsection (c).
(c) A petitioner under this section must provide written
notice of the petition to each person with groundwater ownership
and rights in the geographic area that would be affected by the
adoption or modification of the rule described in the petition.
(d) The district shall hold a hearing on a petition
submitted under this section in the same manner as a rulemaking
hearing described by Section 36.101.
(e) After a hearing held under Subsection (d), the district
shall grant or deny the petition and may grant or deny the petition
wholly or partly. The district shall provide an explanation for the
action the district takes on the petition, including a
determination about the consistency of the action with the concerns
raised by the petitioner's explanation required by Subsection
(b)(1).
(f) As soon as practicable after a petition or a portion of a
petition is granted, the district shall engage in rulemaking
consistent with the granted petition or the granted portion of the
petition.
(g) A decision on a petition under Subsection (e) is final
and appealable under Section 36.251.
SECTION 2. This Act takes effect September 1, 2019.