Texas 2023 - 88th Regular

Texas Senate Bill SB638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Springer S.B. No. 638
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the procedures for acting on a permit or permit
7	7	amendment application by a groundwater conservation district and
8	8	the disqualification of board members of groundwater conservation
9	9	districts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 36.053, Water Code, is amended to read as
12	12	follows:
13	13	Sec. 36.053. QUORUM. (a) Except as provided by Subsection
14	14	(b), a [A] majority of the membership of the board constitutes a
15	15	quorum for any meeting, and a concurrence of a majority of the
16	16	entire membership of the board is sufficient for transacting any
17	17	business of the district.
18	18	(b) For the purposes of making a final decision on a permit
19	19	or permit amendment application by a board composed of 10 or more
20	20	directors, a concurrence of a majority of the directors eligible to
21	21	vote is sufficient for taking an action on the application.
22	22	SECTION 2. Section 36.058, Water Code, is amended to read as
23	23	follows:
24	24	Sec. 36.058. CONFLICTS OF INTEREST. (a) A director of a
25	25	district is subject to the provisions of Chapters 171 and 176, Local
26	26	Government Code, relating to the regulation of conflicts of
27	27	officers of local governments.
28	28	(b) If a director is required to file an affidavit under
29	29	Section 171.004(a), Local Government Code, the director may not:
30	30	(1) attend a closed meeting related to the matter for
31	31	which the director is required to file the affidavit; and
32	32	(2) vote on a matter for which the director is required
33	33	to file the affidavit unless a majority of the directors are also
34	34	required to file an affidavit related to a similar interest on the
35	35	same official action.
36	36	SECTION 3. Section 36.409, Water Code, is amended to read as
37	37	follows:
38	38	Sec. 36.409. CONTINUANCE. (a) The presiding officer may
39	39	continue a hearing from time to time and from place to place without
40	40	providing notice under Section 36.404.
41	41	(b) If the presiding officer continues a hearing without
42	42	announcing at the hearing the time, date, and location of the
43	43	continued hearing, the presiding officer must provide notice of the
44	44	continued hearing by regular mail to the parties.
45	45	(c) A continuance may not exceed the time limit for the
46	46	issuance of a final decision under Section 36.4165.
47	47	SECTION 4. Section 36.411, Water Code, is amended to read as
48	48	follows:
49	49	Sec. 36.411. BOARD ACTION. (a) The board shall act on a
50	50	permit or permit amendment application not later than the 60th day
51	51	after the date the final hearing on the application is concluded.
52	52	(b) The board shall ensure a decision on a permit or permit
53	53	amendment application is timely rendered in accordance with the
54	54	provisions set forth in this chapter.
55	55	SECTION 5. The heading to Section 36.412, Water Code, is
56	56	amended to read as follows:
57	57	Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS OF FACT AND
58	58	CONCLUSIONS OF LAW.
59	59	SECTION 6. Section 36.412, Water Code, is amended by
60	60	amending Subsections (a) and (b) and adding Subsections (a-1),
61	61	(b-1), and (f) to read as follows:
62	62	(a) An applicant in a contested or uncontested hearing on an
63	63	application or a party to a contested hearing may administratively
64	64	appeal a decision of the board on a permit or permit amendment
65	65	application by making a request in writing to the board.
66	66	(a-1) A party seeking to appeal a decision by the board must
67	67	request [by requesting] written findings of fact and conclusions of
68	68	law not later than the 20th day after the date of the board's
69	69	decision unless the board issued findings of fact and conclusions
70	70	of law as part of the final decision.
71	71	(b) On receipt of a timely written request under Subsection
72	72	(a-1), the board shall make written findings of fact and
73	73	conclusions of law regarding a decision of the board on a permit or
74	74	permit amendment application. The board shall provide certified
75	75	copies of the findings of fact and conclusions of law to the person
76	76	who requested them, and to each designated party, not later than the
77	77	35th day after the date the board receives the request.
78	78	(b-1) A party to a contested hearing may request a rehearing
79	79	not later than the 20th day after the date the board issues the
80	80	findings of fact and conclusions of law.
81	81	(f) The board shall consolidate requests for rehearing
82	82	filed by multiple parties to the contested case hearing, but only
83	83	one rehearing may be considered per matter.
84	84	SECTION 7. Section 36.4165, Water Code, is amended by
85	85	adding Subsections (c), (d), (e), (f), and (g) to read as follows:
86	86	(c) A final decision issued by the board under this section
87	87	must be in writing and must either adopt the proposed findings of
88	88	fact and conclusions of law as proposed by the administrative law
89	89	judge or include revised findings of fact and conclusions of law
90	90	consistent with Subsection (b).
91	91	(d) Notwithstanding any other law, a board shall issue a
92	92	final decision under this section not later than the 180th day after
93	93	the date of receipt of the final proposal for decision from the
94	94	State Office of Administrative Hearings. The deadline may be
95	95	extended if all parties agree to the extension.
96	96	(e) Notwithstanding any other law, if a motion for rehearing
97	97	is filed and granted by a board under Section 36.412, the board
98	98	shall make a final decision on the application not later than the
99	99	90th day after the date of the decision by the board that was
100	100	subject to the motion for rehearing.
101	101	(f) A board is considered to have adopted a final proposal
102	102	for decision of the administrative law judge as a final order on the
103	103	181st day after the date the administrative law judge issued the
104	104	final proposal for decision if the board has not issued a final
105	105	decision by:
106	106	(1) adopting the findings of fact and conclusions of
107	107	law as proposed by the administrative law judge; or
108	108	(2) issuing revised findings of fact and conclusions
109	109	of law as provided by Subsection (b).
110	110	(g) A proposal for decision adopted under Subsection (f) is
111	111	final, immediately appealable, and not subject to a request for
112	112	rehearing.
113	113	SECTION 8. The changes in law made by this Act apply to an
114	114	application for a permit or permit amendment submitted on or after
115	115	the effective date of this Act. An application for a permit or
116	116	permit amendment submitted before the effective date of this Act is
117	117	governed by the law in effect at the time the application was
118	118	submitted, and the former law is continued in effect for that
119	119	purpose.
120	120	SECTION 9. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2023.