| 1 | 1 | | 89R2803 ANG-F |
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| 2 | 2 | | By: Gerdes H.B. No. 2080 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the review of the duties of a groundwater conservation |
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| 10 | 10 | | district by the Texas Commission on Environmental Quality. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 36.3011, Water Code, is amended by |
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| 13 | 13 | | amending Subsection (d) and adding Subsections (d-1), (d-2), (d-3), |
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| 14 | 14 | | (e-1), (e-2), and (e-3) to read as follows: |
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| 15 | 15 | | (d) If the petition is not dismissed under Subsection (c), |
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| 16 | 16 | | the commission shall appoint a review panel consisting of a |
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| 17 | 17 | | chairperson and four other members. A director or general manager |
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| 18 | 18 | | of a district located outside the management area that is the |
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| 19 | 19 | | subject of the petition may be appointed to the review panel. The |
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| 20 | 20 | | commission may not appoint more than two members of the review panel |
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| 21 | 21 | | from any one district. The commission also shall appoint a |
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| 22 | 22 | | disinterested person to serve as a nonvoting recording secretary |
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| 23 | 23 | | for the review panel. The recording secretary must [may] be an |
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| 24 | 24 | | employee of the commission. The recording secretary shall record |
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| 25 | 25 | | and document the proceedings of the panel. |
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| 26 | 26 | | (d-1) A review panel established under Subsection (d) is an |
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| 27 | 27 | | advisory body to the commission and not a governmental body under |
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| 28 | 28 | | Chapter 551 or 552, Government Code. |
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| 29 | 29 | | (d-2) The commission shall reimburse a member appointed to |
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| 30 | 30 | | the review panel for actual expenses incurred while engaging in |
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| 31 | 31 | | activities on behalf of the review panel. To be eligible for |
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| 32 | 32 | | reimbursement, the member must file with the executive director a |
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| 33 | 33 | | verified statement, including any relevant receipts, describing |
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| 34 | 34 | | the expenses incurred. A member appointed to the review panel is |
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| 35 | 35 | | not entitled to a fee of office or other compensation for serving on |
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| 36 | 36 | | the review panel. |
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| 37 | 37 | | (d-3) The records and documents of the recording secretary |
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| 38 | 38 | | of the proceedings of the review panel must be provided to the |
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| 39 | 39 | | executive director and are public information under Chapter 552, |
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| 40 | 40 | | Government Code. |
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| 41 | 41 | | (e-1) Not later than the seventh day before the date of a |
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| 42 | 42 | | public meeting or public hearing of the review panel under |
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| 43 | 43 | | Subsection (e), the executive director shall provide notice of any |
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| 44 | 44 | | public meeting or public hearing the review panel is directed to |
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| 45 | 45 | | conduct by: |
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| 46 | 46 | | (1) posting notice on the commission's Internet |
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| 47 | 47 | | website; and |
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| 48 | 48 | | (2) delivering notice by regular mail to: |
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| 49 | 49 | | (A) the district that is the subject of the |
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| 50 | 50 | | petition; |
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| 51 | 51 | | (B) the petitioner; and |
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| 52 | 52 | | (C) the county clerk of each county in the |
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| 53 | 53 | | district that is the subject of the petition. |
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| 54 | 54 | | (e-2) The commission or the review panel may submit a |
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| 55 | 55 | | written request to the executive administrator for assistance on a |
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| 56 | 56 | | technical issue related to the petition. The executive |
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| 57 | 57 | | administrator shall provide the technical assistance not later than |
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| 58 | 58 | | the 120th day after the date the executive administrator receives |
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| 59 | 59 | | the request. A deadline under Subsection (c), (e), or (h) is |
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| 60 | 60 | | extended by 120 days if a request for technical assistance is |
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| 61 | 61 | | submitted to the executive administrator during a review phase |
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| 62 | 62 | | under that subsection. |
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| 63 | 63 | | (e-3) On request from a member of the review panel, the |
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| 64 | 64 | | office of public interest counsel of the commission shall provide |
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| 65 | 65 | | legal advice and assistance to the review panel. Notwithstanding |
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| 66 | 66 | | Section 5.273, the office of public interest counsel: |
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| 67 | 67 | | (1) may not participate as a party in an inquiry under |
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| 68 | 68 | | this section; and |
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| 69 | 69 | | (2) has no duty or responsibility to represent the |
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| 70 | 70 | | public interest or otherwise in an inquiry except as provided by |
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| 71 | 71 | | this subsection. |
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| 72 | 72 | | SECTION 2. The changes in law made by this Act apply to a |
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| 73 | 73 | | petition requesting an inquiry regarding the duties of a |
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| 74 | 74 | | groundwater conservation district filed with the Texas Commission |
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| 75 | 75 | | on Environmental Quality on or after the effective date of this Act. |
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| 76 | 76 | | A petition filed with the Texas Commission on Environmental Quality |
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| 77 | 77 | | before the effective date of this Act is governed by the law in |
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| 78 | 78 | | effect on the date the petition was filed, and the former law is |
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| 79 | 79 | | continued in effect for that purpose. |
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| 80 | 80 | | SECTION 3. This Act takes effect immediately if it receives |
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| 81 | 81 | | a vote of two-thirds of all the members elected to each house, as |
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| 82 | 82 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 83 | 83 | | Act does not receive the vote necessary for immediate effect, this |
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| 84 | 84 | | Act takes effect September 1, 2025. |
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