1 | 1 | | 89R15582 SCR-F |
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2 | 2 | | By: Hancock S.B. No. 2832 |
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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 expiration date of certain permits issued by |
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10 | 10 | | groundwater conservation districts. |
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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. Subchapter D, Chapter 36, Water Code, is amended |
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13 | 13 | | by adding Section 36.1141 to read as follows: |
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14 | 14 | | Sec. 36.1141. EXPIRATION OF PERMITS SUBJECT TO LITIGATION. |
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15 | 15 | | (a) A district shall delay the expiration date of a drilling, |
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16 | 16 | | operating, or transfer permit, and the expiration of any associated |
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17 | 17 | | permits issued to the permit holder by the district, if the |
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18 | 18 | | expiration date occurs while the drilling, operating, or transfer |
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19 | 19 | | permit holder is a party to litigation concerning the issuance or |
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20 | 20 | | validity of the permit. |
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21 | 21 | | (b) The district shall delay the expiration date until: |
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22 | 22 | | (1) if the litigation ultimately results in the permit |
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23 | 23 | | being held to be valid, the two-year anniversary of the date on |
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24 | 24 | | which a final, nonappealable judgment in the litigation concerning |
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25 | 25 | | the permit is issued; or |
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26 | 26 | | (2) if the litigation ultimately results in the permit |
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27 | 27 | | being held invalid, the date on which a final, nonappealable |
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28 | 28 | | judgment in the litigation concerning the permit is issued. |
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29 | 29 | | (c) This section does not apply to litigation initiated by |
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30 | 30 | | the permit holder. |
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31 | 31 | | (d) This section does not apply to a permit holder who: |
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32 | 32 | | (1) is delinquent in paying a fee required by the |
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33 | 33 | | district; |
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34 | 34 | | (2) is subject to a pending enforcement action for a |
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35 | 35 | | substantive violation of a district permit, order, or rule that has |
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36 | 36 | | not been settled by agreement with the district or a final |
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37 | 37 | | adjudication; or |
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38 | 38 | | (3) has not paid a civil penalty or has otherwise |
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39 | 39 | | failed to comply with an order resulting from a final adjudication |
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40 | 40 | | of a violation of a district permit, order, or rule. |
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41 | 41 | | SECTION 2. Section 36.1141, Water Code, as added by this |
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42 | 42 | | Act, applies only to a permit issued on or after January 1, 2022. |
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43 | 43 | | SECTION 3. This Act takes effect September 1, 2025. |
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