88R3205 SGM-F
By: Ashby H.B. No. 1971
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for acting on a permit or permit
amendment application by a groundwater conservation district and
the disqualification of board members of groundwater conservation
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.051, Water Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) A director is disqualified and vacates the office of
director if the director is recused from voting on more than one
application for a permit or permit amendment or fails to attend two
consecutive meetings of the board.
SECTION 2. Section 36.053, Water Code, is amended to read as
follows:
Sec. 36.053. QUORUM. (a) Except as provided by Subsection
(b), a [A] majority of the membership of the board constitutes a
quorum for any meeting, and a concurrence of a majority of the
entire membership of the board is sufficient for transacting any
business of the district.
(b) For the purposes of making a final decision on a permit
or permit amendment application, a board member who is recused from
voting does not count towards the quorum requirement under
Subsection (a).
SECTION 3. Section 36.409, Water Code, is amended to read as
follows:
Sec. 36.409. CONTINUANCE. (a) The presiding officer may
continue a hearing from time to time and from place to place without
providing notice under Section 36.404.
(b) If the presiding officer continues a hearing without
announcing at the hearing the time, date, and location of the
continued hearing, the presiding officer must provide notice of the
continued hearing by regular mail to the parties.
(c) A continuance may not exceed the time limit for the
issuance of a final decision under Section 36.4165.
SECTION 4. Section 36.411, Water Code, is amended to read as
follows:
Sec. 36.411. BOARD ACTION. (a) The board shall act on a
permit or permit amendment application not later than the 60th day
after the date the final hearing on the application is concluded.
(b) The board shall ensure a decision on a permit or permit
amendment application is timely rendered in accordance with the
provisions set forth in this chapter.
SECTION 5. Section 36.412, Water Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1) and
(b-1) to read as follows:
(a) An applicant in a contested or uncontested hearing on an
application or a party to a contested hearing may administratively
appeal a decision of the board on a permit or permit amendment
application by making a request in writing to the board.
(a-1) A party seeking to appeal a decision by the board must
request [by requesting] written findings and conclusions not later
than the 20th day after the date of the board's decision. This
subsection does not apply to a decision issued under Section
36.4165(e).
(b) On receipt of a timely written request under Subsection
(a-1), the board shall make written findings and conclusions
regarding a decision of the board on a permit or permit amendment
application. The board shall provide certified copies of the
findings and conclusions to the person who requested them, and to
each designated party, not later than the 35th day after the date
the board receives the request.
(b-1) A party to a contested hearing may request a rehearing
not later than the 20th day after the date the board issues the
findings and conclusions.
SECTION 6. Section 36.413(a), Water Code, is amended to
read as follows:
(a) A decision by the board on a permit or permit amendment
application is final if:
(1) [if] a request for rehearing is not filed on time,
on the expiration of the period for filing a request for rehearing;
[or]
(2) [if] a request for rehearing is filed on time, on
the date:
(A) the board denies the request for rehearing;
or
(B) the board renders a written decision after
rehearing; or
(3) the decision is issued under Section 36.4165(e).
SECTION 7. Section 36.4165, Water Code, is amended by
adding Subsections (c), (d), (e), and (f) to read as follows:
(c) A final decision issued by the board under this section
must be in writing and must either adopt the proposed findings of
fact and conclusions of law as proposed by the administrative law
judge or include revised findings of fact and conclusions of law
consistent with Subsection (b). A request from a party for findings
of fact or conclusions of law is not required under this section.
(d) Notwithstanding any other law, a board shall issue a
final decision under this section, including final disposition of
all motions for rehearing, not later than the 180th day after the
date of receipt of the proposal for a final decision unless
otherwise agreed to by the applicant.
(e) If the administrative law judge recommends granting one
or more permit or permit amendment applications and the board fails
to issue a final decision as required by Subsection (d), the board
is considered to have adopted the recommendations of the
administrative law judge as a final order on the 181st day after the
date the administrative law judge issued the recommendation.
(f) A decision under Subsection (e) is final, immediately
appealable, and not subject to a motion for rehearing.
SECTION 8. (a) The changes in law made by this Act apply to
an application for a permit or permit amendment submitted on or
after the effective date of this Act. An application for a permit
or permit amendment submitted before the effective date of this Act
is governed by the law in effect at the time the application was
submitted, and the former law is continued in effect for that
purpose.
(b) A decision under Section 36.4165, Water Code, for which
an administrative law judge recommends granting a permit or permit
amendment application that has been pending before a district for
more than 180 days on the effective date of this Act is considered
adopted as a final order subject to immediate appeal and not subject
to a motion for rehearing.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.