H.B. No. 3278
AN ACT
relating to the joint planning of desired future conditions in
groundwater management areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.108, Water Code, is amended by
amending Subsections (d-2) and (d-3) and adding Subsection (d-2a)
to read as follows:
(d-2) The desired future conditions proposed under
Subsection (d) must provide a balance between the highest
practicable level of groundwater production and the conservation,
preservation, protection, recharging, and prevention of waste of
groundwater and control of subsidence in the management area. This
subsection does not prohibit the establishment of desired future
conditions that provide for the reasonable long-term management of
groundwater resources consistent with the management goals under
Section 36.1071(a). The desired future conditions proposed under
Subsection (d) must be approved by a two-thirds vote of all the
district representatives for distribution to the districts in the
management area. A period of not less than 90 days for public
comments begins on the day the proposed desired future conditions
are mailed to the districts. During the public comment period and
after posting notice as required by Section 36.063, each district
shall hold a public hearing on any proposed desired future
conditions relevant to that district. During the public comment
period, the district shall make available in its office a copy of
the proposed desired future conditions and any supporting
materials, such as the documentation of factors considered under
Subsection (d) and groundwater availability model run results.
After the close of the public comment period, the district shall
compile and submit to the district representatives for
consideration at the next joint planning meeting:
(1) a summary of relevant comments received;
(2) [,] any suggested revisions to the proposed
desired future conditions, and the basis for those [the] revisions;
and
(3) any supporting materials, including new or revised
groundwater availability model run results.
(d-2a) The information compiled and submitted to the
district representatives under Subsection (d-2) must be made
available on a generally accessible Internet website maintained on
behalf of the management area for not less than 30 days.
(d-3) After each [all the districts have submitted their]
district has submitted to the district representatives the
information required under Subsection (d-2) and made the
information available for the required period of time under
Subsection (d-2a) [summaries], the district representatives shall
reconvene for a joint planning meeting to review the information
required under Subsection (d-2) [reports], consider any district's
suggested revisions to the proposed desired future conditions,
receive public comment, and finally adopt the desired future
conditions for the management area. The desired future conditions
must be approved by a resolution adopted by a two-thirds vote of all
the district representatives not later than January 5, 2022.
Subsequent desired future conditions must be proposed and finally
adopted by the district representatives before the end of each
successive five-year period after that date. The district
representatives shall produce a desired future conditions
explanatory report for the management area and submit to the
development board and each district in the management area proof
that notice was posted for the joint planning meeting, a copy of the
resolution, and a copy of the explanatory report. The report must:
(1) identify each desired future condition;
(2) provide the policy and technical justifications
for each desired future condition;
(3) include documentation that the factors under
Subsection (d) were considered by the districts and a discussion of
how the adopted desired future conditions impact each factor;
(4) list other desired future condition options
considered, if any, and the reasons why those options were not
adopted; and
(5) discuss reasons why recommendations made by
advisory committees and relevant public comments received by the
districts during the public comment period or at the joint planning
meeting were or were not incorporated into the desired future
conditions.
SECTION 2. Section 36.108, Water Code, as amended by this
Act, applies only to the proposal and adoption of a desired future
condition that occurs on or after the effective date of this Act. A
desired future condition proposed or adopted before the effective
date of this Act is governed by the law in effect on the date the
desired future condition was proposed or adopted, and that law is
continued in effect for that purpose.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3278 was passed by the House on April
28, 2023, by the following vote: Yeas 139, Nays 5, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3278 was passed by the Senate on May
21, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor