88R26564 LRM-F
By: King of Uvalde H.B. No. 2735
Substitute the following for H.B. No. 2735:
By: King of Uvalde C.S.H.B. No. 2735
A BILL TO BE ENTITLED
AN ACT
relating to security required before filing suit against a
groundwater conservation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 36, Water Code, is amended
by adding Section 36.2515 to read as follows:
Sec. 36.2515. SECURITY REQUIRED. (a) In this section,
"security" means a bond or deposit posted by a plaintiff before
filing suit against a district or, as provided by the Texas Rules of
Appellate Procedure, by a judgment debtor to a district to suspend
execution of the judgment during appeal of the judgment.
(b) Subject to Section 52.006, Civil Practice and Remedies
Code, a district by rule shall establish the amount of security
required to file suit under Section 36.251 challenging a rule or
order made by the district, including an appeal of a decision on a
permit application. Except as provided by Subsection (c), the
amount of security required under this section may not exceed
$100,000.
(c) The amount of security required to be posted by a party
to a contested case hearing, other than by the applicant, for the
appeal of a decision granting a permit application or permit
amendment application under Section 36.251(b) shall be increased by
an amount sufficient to cover the applicant's cost to defend the
permit or amendment granted by the district against the suit and
appeal. The amount of an increase under this subsection may not
exceed $100,000.
(d) Section 52.006, Civil Practice and Remedies Code,
applies to an appeal from a decision of the district court affirming
a district's rule, order, or decision on a permit application. The
amount of security required under this subsection must equal the
sum of:
(1) the amount of any civil penalty awarded;
(2) interest for the estimated duration of the suit or
appeal; and
(3) attorney's fees and costs required for the
district to defend against the suit and appeal.
(e) A security required under this section must be filed
into the registry of the district court in which the suit is filed.
SECTION 2. The changes in law made by this Act apply only to
a suit against a groundwater conservation district that is filed on
or after the effective date of this Act. A suit against a
groundwater conservation district that is filed before the
effective date of this Act is governed by the law in effect on the
date the suit is filed, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.