86R13797 SLB-D
By: Wilson H.B. No. 4002
A BILL TO BE ENTITLED
AN ACT
relating to a contested case hearing to identify a sensitive
feature related to an Edwards Aquifer protection plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 26, Water Code, is amended
by adding Section 26.138 to read as follows:
Sec. 26.138. CONTESTED CASE HEARING TO DETERMINE SENSITIVE
FEATURE FOR PURPOSE OF EDWARDS AQUIFER PROTECTION PLAN. (a) In
this section:
(1) "Protection plan" means a plan for which a fee may
be imposed under Section 26.0461.
(2) "Sensitive feature" means a permeable geologic or
man-made feature located on the Edwards Aquifer recharge zone or
transition zone where:
(A) a potential for hydraulic interconnectedness
between the surface and the Edwards Aquifer exists; and
(B) rapid infiltration to the subsurface may
occur.
(b) If the commission identifies a sensitive feature in
relation to a protection plan and a dispute is raised as to the
applicability of rules relating to the Edwards Aquifer to that
sensitive feature, the party questioning the identification of the
sensitive feature may deliver to the commission a request for a
contested case hearing to decide the matter.
(c) A request under this section must include:
(1) two independent environmental studies from two
different professional geologists; and
(2) a letter in support of the request from a
legislator in whose district the sensitive feature is located.
(d) The commission shall grant a request that complies with
Subsection (c). The decision of a contested case hearing granted
under this section is final as to the identification of a sensitive
feature.
SECTION 2. This Act takes effect September 1, 2019.