Texas 2023 - 88th Regular

Texas House Bill HB1971 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1971
2	2
3	3
4	4	AN ACT
5	5	relating to the procedures for acting on a permit or permit
6	6	amendment application by a groundwater conservation district and
7	7	the disqualification of board members of groundwater conservation
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 36.053, Water Code, is amended to read as
11	11	follows:
12	12	Sec. 36.053. QUORUM. (a) Except as provided by Subsection
13	13	(b), a [A] majority of the membership of the board constitutes a
14	14	quorum for any meeting, and a concurrence of a majority of the
15	15	entire membership of the board is sufficient for transacting any
16	16	business of the district.
17	17	(b) For the purposes of making a final decision on a permit
18	18	or permit amendment application by a board composed of 10 or more
19	19	directors, a concurrence of a majority of the directors eligible to
20	20	vote is sufficient for taking an action on the application.
21	21	SECTION 2. Section 36.058, Water Code, is amended to read as
22	22	follows:
23	23	Sec. 36.058. CONFLICTS OF INTEREST. (a) A director of a
24	24	district is subject to the provisions of Chapters 171 and 176, Local
25	25	Government Code, relating to the regulation of conflicts of
26	26	officers of local governments.
27	27	(b) If a director is required to file an affidavit under
28	28	Section 171.004(a), Local Government Code, the director may not:
29	29	(1) attend a closed meeting related to the matter for
30	30	which the director is required to file the affidavit; and
31	31	(2) vote on a matter for which the director is required
32	32	to file the affidavit unless a majority of the directors are also
33	33	required to file an affidavit related to a similar interest on the
34	34	same official action.
35	35	SECTION 3. Section 36.409, Water Code, is amended to read as
36	36	follows:
37	37	Sec. 36.409. CONTINUANCE. (a) The presiding officer may
38	38	continue a hearing from time to time and from place to place without
39	39	providing notice under Section 36.404.
40	40	(b) If the presiding officer continues a hearing without
41	41	announcing at the hearing the time, date, and location of the
42	42	continued hearing, the presiding officer must provide notice of the
43	43	continued hearing by regular mail to the parties.
44	44	(c) A continuance may not exceed the time limit for the
45	45	issuance of a final decision under Section 36.4165.
46	46	SECTION 4. Section 36.411, Water Code, is amended to read as
47	47	follows:
48	48	Sec. 36.411. BOARD ACTION. (a) The board shall act on a
49	49	permit or permit amendment application not later than the 60th day
50	50	after the date the final hearing on the application is concluded.
51	51	(b) The board shall ensure a decision on a permit or permit
52	52	amendment application is timely rendered in accordance with the
53	53	provisions set forth in this chapter.
54	54	SECTION 5. The heading to Section 36.412, Water Code, is
55	55	amended to read as follows:
56	56	Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS OF FACT AND
57	57	CONCLUSIONS OF LAW.
58	58	SECTION 6. Section 36.412, Water Code, is amended by
59	59	amending Subsections (a) and (b) and adding Subsections (a-1),
60	60	(b-1), and (f) to read as follows:
61	61	(a) An applicant in a contested or uncontested hearing on an
62	62	application or a party to a contested hearing may administratively
63	63	appeal a decision of the board on a permit or permit amendment
64	64	application by making a request in writing to the board.
65	65	(a-1) A party seeking to appeal a decision by the board must
66	66	request [by requesting] written findings of fact and conclusions of
67	67	law not later than the 20th day after the date of the board's
68	68	decision unless the board issued findings of fact and conclusions
69	69	of law as part of the final decision.
70	70	(b) On receipt of a timely written request under Subsection
71	71	(a-1), the board shall make written findings of fact and
72	72	conclusions of law regarding a decision of the board on a permit or
73	73	permit amendment application. The board shall provide certified
74	74	copies of the findings of fact and conclusions of law to the person
75	75	who requested them, and to each designated party, not later than the
76	76	35th day after the date the board receives the request.
77	77	(b-1) A party to a contested hearing may request a rehearing
78	78	not later than the 20th day after the date the board issues the
79	79	findings of fact and conclusions of law.
80	80	(f) The board shall consolidate requests for rehearing
81	81	filed by multiple parties to the contested case hearing, but only
82	82	one rehearing may be considered per matter.
83	83	SECTION 7. Section 36.4165, Water Code, is amended by
84	84	adding Subsections (c), (d), (e), (f), and (g) to read as follows:
85	85	(c) A final decision issued by the board under this section
86	86	must be in writing and must either adopt the proposed findings of
87	87	fact and conclusions of law as proposed by the administrative law
88	88	judge or include revised findings of fact and conclusions of law
89	89	consistent with Subsection (b).
90	90	(d) Notwithstanding any other law, a board shall issue a
91	91	final decision under this section not later than the 180th day after
92	92	the date of receipt of the final proposal for decision from the
93	93	State Office of Administrative Hearings. The deadline may be
94	94	extended if all parties agree to the extension.
95	95	(e) Notwithstanding any other law, if a motion for rehearing
96	96	is filed and granted by a board under Section 36.412, the board
97	97	shall make a final decision on the application not later than the
98	98	90th day after the date of the decision by the board that was
99	99	subject to the motion for rehearing.
100	100	(f) A board is considered to have adopted a final proposal
101	101	for decision of the administrative law judge as a final order on the
102	102	181st day after the date the administrative law judge issued the
103	103	final proposal for decision if the board has not issued a final
104	104	decision by:
105	105	(1) adopting the findings of fact and conclusions of
106	106	law as proposed by the administrative law judge; or
107	107	(2) issuing revised findings of fact and conclusions
108	108	of law as provided by Subsection (b).
109	109	(g) A proposal for decision adopted under Subsection (f) is
110	110	final, immediately appealable, and not subject to a request for
111	111	rehearing.
112	112	SECTION 8. The changes in law made by this Act apply to an
113	113	application for a permit or permit amendment submitted on or after
114	114	the effective date of this Act. An application for a permit or
115	115	permit amendment submitted before the effective date of this Act is
116	116	governed by the law in effect at the time the application was
117	117	submitted, and the former law is continued in effect for that
118	118	purpose.
119	119	SECTION 9. This Act takes effect immediately if it receives
120	120	a vote of two-thirds of all the members elected to each house, as
121	121	provided by Section 39, Article III, Texas Constitution. If this
122	122	Act does not receive the vote necessary for immediate effect, this
123	123	Act takes effect September 1, 2023.
124	124	______________________________ ______________________________
125	125	President of the Senate Speaker of the House
126	126	I certify that H.B. No. 1971 was passed by the House on April
127	127	26, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not
128	128	voting.
129	129	______________________________
130	130	Chief Clerk of the House
131	131	I certify that H.B. No. 1971 was passed by the Senate on May
132	132	16, 2023, by the following vote: Yeas 31, Nays 0.
133	133	______________________________
134	134	Secretary of the Senate
135	135	APPROVED: _____________________
136	136	Date
137	137	_____________________
138	138	Governor