| 1 | 1 | | By: Johnson S.B. No. 2108 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the procedure by which a regional water planning group |
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| 7 | 7 | | is required to provide notice of certain public meetings or |
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| 8 | 8 | | hearings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 16.053(h)(3), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (3) After the regional water plan is initially |
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| 13 | 13 | | prepared, the regional water planning group shall, after notice, |
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| 14 | 14 | | hold at least one public hearing at some central location readily |
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| 15 | 15 | | accessible to the public within the regional water planning area. |
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| 16 | 16 | | The group shall make copies of the plan available for public |
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| 17 | 17 | | inspection at least one month before the hearing on the group's |
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| 18 | 18 | | Internet website [by providing a copy of the plan in the county |
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| 19 | 19 | | courthouse and at least one public library of each county having |
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| 20 | 20 | | land in the region]. Notice for the hearing shall include the |
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| 21 | 21 | | address of the website [a listing of these] and any other location |
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| 22 | 22 | | where the plan is available for review. The group shall consider and |
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| 23 | 23 | | accommodate residents of the regional water planning area who may |
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| 24 | 24 | | need assistance accessing the plan because of a lack of access to |
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| 25 | 25 | | Internet services. |
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| 26 | 26 | | SECTION 2. Section 16.053(h)(8), Water Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (8) Notice required by Subdivision (1), (3), or (6) of |
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| 29 | 29 | | this subsection may be provided by additional electronic means, |
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| 30 | 30 | | including direct e-mail, and must be[: |
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| 31 | 31 | | (A) posted on the regional water planning group's |
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| 32 | 32 | | website [published once in a newspaper of general circulation in |
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| 33 | 33 | | each county located in whole or in part in the regional water |
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| 34 | 34 | | planning area before the 30th day preceding the date of the public |
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| 35 | 35 | | meeting or hearing]; [and] |
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| 36 | 36 | | (B) mailed to: |
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| 37 | 37 | | (i) each mayor of a municipality with a |
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| 38 | 38 | | population of 1,000 or more that is located in whole or in part in |
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| 39 | 39 | | the regional water planning area; |
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| 40 | 40 | | (ii) each county judge of a county located |
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| 41 | 41 | | in whole or in part in the regional water planning area; |
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| 42 | 42 | | (iii) each special or general law district |
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| 43 | 43 | | or river authority with responsibility to manage or supply water in |
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| 44 | 44 | | the regional water planning area; |
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| 45 | 45 | | (iv) each retail public utility that: |
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| 46 | 46 | | (a) serves any part of the regional water planning area; or |
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| 47 | 47 | | (b) receives water from the regional water planning area; |
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| 48 | 48 | | and |
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| 49 | 49 | | (v) each holder of record of a permit, |
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| 50 | 50 | | certified filing, or certificate of adjudication for the use of |
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| 51 | 51 | | surface water the diversion of which occurs in the regional water |
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| 52 | 52 | | planning area; and[.] |
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| 53 | 53 | | (C) the regional water planning group shall |
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| 54 | 54 | | consider and accommodate residents of the regional water planning |
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| 55 | 55 | | area who may need assistance accessing notice published by |
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| 56 | 56 | | electronic means because of a lack of access to Internet services, |
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| 57 | 57 | | particularly when there is a heightened interest in or response to |
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| 58 | 58 | | public notice or comment. |
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| 59 | 59 | | SECTION 3. Section 16.053(h)(9), Water Code, is amended to |
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| 60 | 60 | | read as follows: |
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| 61 | 61 | | (9) Notice provided [published] or mailed under |
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| 62 | 62 | | Subdivision (8) of this subsection must contain: |
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| 63 | 63 | | (A) the date, time, and location of the public |
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| 64 | 64 | | meeting or hearing; |
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| 65 | 65 | | (B) a summary of the proposed action to be taken; |
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| 66 | 66 | | (C) the name, telephone number, and address of |
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| 67 | 67 | | the person to whom questions or requests for additional information |
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| 68 | 68 | | may be submitted; and |
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| 69 | 69 | | (D) information on how the public may submit |
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| 70 | 70 | | comments. |
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| 71 | 71 | | SECTION 4. The change in law made by this Act applies only |
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| 72 | 72 | | to a notice required to be given on or after the effective date of |
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| 73 | 73 | | this Act. A notice required to be given before the effective date of |
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| 74 | 74 | | this Act is governed by the law in effect at the time the notice is |
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| 75 | 75 | | given, and the former law is continued in effect for that purpose. |
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| 76 | 76 | | SECTION 5. This Act takes effect September 1, 2023. |
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