By: Canales H.B. No. 4373
A BILL TO BE ENTITLED
AN ACT
relating to the procedure by which a regional water planning group
is required to provide notice of certain public meetings or
hearings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.053(h)(3), Water Code, is amended to
read as follows:
(3) After the regional water plan is initially
prepared, the regional water planning group shall, after notice,
hold at least one public hearing at some central location readily
accessible to the public within the regional water planning area.
The group shall make copies of the plan available for public
inspection at least one month before the hearing on the group's
Internet website [by providing a copy of the plan in the county
courthouse and at least one public library of each county having
land in the region]. Notice for the hearing shall include the
address of the website[a listing of these] and any other location
where the plan is available for review. The group shall consider and
accommodate residents of the regional water planning area who may
need assistance accessing the plan because of a lack of access to
Internet services.
SECTION 2. Section 16.053(h)(8), Water Code, is amended to
read as follows:
(8) Notice required by Subdivision (1), (3), or (6) of
this subsection may be provided by additional electronic means,
including direct e-mail, and must be[:
(A) posted on the regional water planning group's
website [published once in a newspaper of general circulation in
each county located in whole or in part in the regional water
planning area before the 30th day preceding the date of the public
meeting or hearing]; [and]
(B) mailed to:
(i) each mayor of a municipality with a
population of 1,000 or more that is located in whole or in part in
the regional water planning area;
(ii) each county judge of a county located
in whole or in part in the regional water planning area;
(iii) each special or general law district
or river authority with responsibility to manage or supply water in
the regional water planning area;
(iv) each retail public utility that:
(a) serves any part of the regional
water planning area; or
(b) receives water from the regional
water planning area; and
(v) each holder of record of a permit,
certified filing, or certificate of adjudication for the use of
surface water the diversion of which occurs in the regional water
planning area; and[.]
(C) the regional water planning group shall
consider and accommodate residents of the regional water planning
area who may need assistance accessing notice published by
electronic means because of a lack of access to Internet services,
particularly when there is a heightened interest in or response to
public notice or comment.
SECTION 3. Section 16.053(h)(9), Water Code, is amended to
read as follows:
(9) Notice provided [published] or mailed under
Subdivision (8) of this subsection must contain:
(A) the date, time, and location of the public
meeting or hearing;
(B) a summary of the proposed action to be taken;
(C) the name, telephone number, and address of
the person to whom questions or requests for additional information
may be submitted; and
(D) information on how the public may submit
comments.
SECTION 4. The change in law made by this Act applies only
to a notice required to be given on or after the effective date of
this Act. A notice required to be given before the effective date of
this Act is governed by the law in effect at the time the notice is
given, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.