| 1 | 1 | | 86R13797 SLB-D |
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| 2 | 2 | | By: Wilson H.B. No. 4002 |
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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 a contested case hearing to identify a sensitive |
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| 8 | 8 | | feature related to an Edwards Aquifer protection plan. |
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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. Subchapter D, Chapter 26, Water Code, is amended |
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| 11 | 11 | | by adding Section 26.138 to read as follows: |
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| 12 | 12 | | Sec. 26.138. CONTESTED CASE HEARING TO DETERMINE SENSITIVE |
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| 13 | 13 | | FEATURE FOR PURPOSE OF EDWARDS AQUIFER PROTECTION PLAN. (a) In |
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| 14 | 14 | | this section: |
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| 15 | 15 | | (1) "Protection plan" means a plan for which a fee may |
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| 16 | 16 | | be imposed under Section 26.0461. |
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| 17 | 17 | | (2) "Sensitive feature" means a permeable geologic or |
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| 18 | 18 | | man-made feature located on the Edwards Aquifer recharge zone or |
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| 19 | 19 | | transition zone where: |
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| 20 | 20 | | (A) a potential for hydraulic interconnectedness |
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| 21 | 21 | | between the surface and the Edwards Aquifer exists; and |
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| 22 | 22 | | (B) rapid infiltration to the subsurface may |
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| 23 | 23 | | occur. |
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| 24 | 24 | | (b) If the commission identifies a sensitive feature in |
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| 25 | 25 | | relation to a protection plan and a dispute is raised as to the |
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| 26 | 26 | | applicability of rules relating to the Edwards Aquifer to that |
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| 27 | 27 | | sensitive feature, the party questioning the identification of the |
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| 28 | 28 | | sensitive feature may deliver to the commission a request for a |
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| 29 | 29 | | contested case hearing to decide the matter. |
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| 30 | 30 | | (c) A request under this section must include: |
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| 31 | 31 | | (1) two independent environmental studies from two |
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| 32 | 32 | | different professional geologists; and |
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| 33 | 33 | | (2) a letter in support of the request from a |
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| 34 | 34 | | legislator in whose district the sensitive feature is located. |
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| 35 | 35 | | (d) The commission shall grant a request that complies with |
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| 36 | 36 | | Subsection (c). The decision of a contested case hearing granted |
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| 37 | 37 | | under this section is final as to the identification of a sensitive |
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| 38 | 38 | | feature. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2019. |
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