Texas 2023 - 88th Regular

Texas House Bill HB3278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3278
2	2
3	3
4	4	AN ACT
5	5	relating to the joint planning of desired future conditions in
6	6	groundwater management areas.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 36.108, Water Code, is amended by
9	9	amending Subsections (d-2) and (d-3) and adding Subsection (d-2a)
10	10	to read as follows:
11	11	(d-2) The desired future conditions proposed under
12	12	Subsection (d) must provide a balance between the highest
13	13	practicable level of groundwater production and the conservation,
14	14	preservation, protection, recharging, and prevention of waste of
15	15	groundwater and control of subsidence in the management area. This
16	16	subsection does not prohibit the establishment of desired future
17	17	conditions that provide for the reasonable long-term management of
18	18	groundwater resources consistent with the management goals under
19	19	Section 36.1071(a). The desired future conditions proposed under
20	20	Subsection (d) must be approved by a two-thirds vote of all the
21	21	district representatives for distribution to the districts in the
22	22	management area. A period of not less than 90 days for public
23	23	comments begins on the day the proposed desired future conditions
24	24	are mailed to the districts. During the public comment period and
25	25	after posting notice as required by Section 36.063, each district
26	26	shall hold a public hearing on any proposed desired future
27	27	conditions relevant to that district. During the public comment
28	28	period, the district shall make available in its office a copy of
29	29	the proposed desired future conditions and any supporting
30	30	materials, such as the documentation of factors considered under
31	31	Subsection (d) and groundwater availability model run results.
32	32	After the close of the public comment period, the district shall
33	33	compile and submit to the district representatives for
34	34	consideration at the next joint planning meeting:
35	35	(1) a summary of relevant comments received;
36	36	(2) [,] any suggested revisions to the proposed
37	37	desired future conditions, and the basis for those [the] revisions;
38	38	and
39	39	(3) any supporting materials, including new or revised
40	40	groundwater availability model run results.
41	41	(d-2a) The information compiled and submitted to the
42	42	district representatives under Subsection (d-2) must be made
43	43	available on a generally accessible Internet website maintained on
44	44	behalf of the management area for not less than 30 days.
45	45	(d-3) After each [all the districts have submitted their]
46	46	district has submitted to the district representatives the
47	47	information required under Subsection (d-2) and made the
48	48	information available for the required period of time under
49	49	Subsection (d-2a) [summaries], the district representatives shall
50	50	reconvene for a joint planning meeting to review the information
51	51	required under Subsection (d-2) [reports], consider any district's
52	52	suggested revisions to the proposed desired future conditions,
53	53	receive public comment, and finally adopt the desired future
54	54	conditions for the management area. The desired future conditions
55	55	must be approved by a resolution adopted by a two-thirds vote of all
56	56	the district representatives not later than January 5, 2022.
57	57	Subsequent desired future conditions must be proposed and finally
58	58	adopted by the district representatives before the end of each
59	59	successive five-year period after that date. The district
60	60	representatives shall produce a desired future conditions
61	61	explanatory report for the management area and submit to the
62	62	development board and each district in the management area proof
63	63	that notice was posted for the joint planning meeting, a copy of the
64	64	resolution, and a copy of the explanatory report. The report must:
65	65	(1) identify each desired future condition;
66	66	(2) provide the policy and technical justifications
67	67	for each desired future condition;
68	68	(3) include documentation that the factors under
69	69	Subsection (d) were considered by the districts and a discussion of
70	70	how the adopted desired future conditions impact each factor;
71	71	(4) list other desired future condition options
72	72	considered, if any, and the reasons why those options were not
73	73	adopted; and
74	74	(5) discuss reasons why recommendations made by
75	75	advisory committees and relevant public comments received by the
76	76	districts during the public comment period or at the joint planning
77	77	meeting were or were not incorporated into the desired future
78	78	conditions.
79	79	SECTION 2. Section 36.108, Water Code, as amended by this
80	80	Act, applies only to the proposal and adoption of a desired future
81	81	condition that occurs on or after the effective date of this Act. A
82	82	desired future condition proposed or adopted before the effective
83	83	date of this Act is governed by the law in effect on the date the
84	84	desired future condition was proposed or adopted, and that law is
85	85	continued in effect for that purpose.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2023.
91	91	______________________________ ______________________________
92	92	President of the Senate Speaker of the House
93	93	I certify that H.B. No. 3278 was passed by the House on April
94	94	28, 2023, by the following vote: Yeas 139, Nays 5, 2 present, not
95	95	voting.
96	96	______________________________
97	97	Chief Clerk of the House
98	98	I certify that H.B. No. 3278 was passed by the Senate on May
99	99	21, 2023, by the following vote: Yeas 31, Nays 0.
100	100	______________________________
101	101	Secretary of the Senate
102	102	APPROVED: _____________________
103	103	Date
104	104	_____________________
105	105	Governor