reglab/housing_qa huggingface dataset:
TX Water Code § 36.401 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.401. Definition

Sec. 36.401.  DEFINITION.  In this subchapter, "applicant" means a person who is applying for a permit or a permit amendment.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.402 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.402. Applicability

Sec. 36.402.  APPLICABILITY.  Except as provided by Section 36.416, this subchapter applies to the notice and hearing process used by a district for permit and permit amendment applications for which a hearing is required.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 308 (S.B. 854), Sec. 5, eff. September 1, 2015.|
TX Water Code § 36.403 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.403. Scheduling of Public Hearing

Sec. 36.403.  SCHEDULING OF PUBLIC HEARING.  (a)  The general manager or board may schedule a public hearing on permit or permit amendment applications received by the district as necessary, as provided by Section 36.114.(b)  The general manager or board may schedule more than one application for consideration at a public hearing.(c)  A public hearing must be held at the district office or regular meeting location of the board unless the board provides for hearings to be held at a different location.(d)  A public hearing may be held in conjunction with a regularly scheduled board meeting.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 1, eff. June 10, 2015.|
TX Water Code § 36.404 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.404. Notice

Sec. 36.404.  NOTICE.  (a)  If the general manager or board schedules a public hearing on an application for a permit or permit amendment, the general manager or board shall give notice of the hearing as provided by this section.(b)  The notice must include:(1)  the name of the applicant;(2)  the address or approximate location of the well or proposed well;(3)  a brief explanation of the proposed permit or permit amendment, including any requested amount of groundwater, the purpose of the proposed use, and any change in use;(4)  the time, date, and location of the hearing; and(5)  any other information the general manager or board considers relevant and appropriate.(c)  Not later than the 10th day before the date of a hearing, the general manager or board shall:(1)  post notice in a place readily accessible to the public at the district office;(2)  provide notice to the county clerk of each county in the district; and(3)  provide notice by:(A)  regular mail to the applicant;(B)  regular mail, facsimile, or electronic mail to any person who has requested notice under Subsection (d); and(C)  regular mail to any other person entitled to receive notice under the rules of the district.(d)  A person may request notice from the district of a public hearing on a permit or a permit amendment application.  The request must be in writing and is effective for the remainder of the calendar year in which the request is received by the district.  To receive notice of a public hearing in a later year, a person must submit a new request.  An affidavit of an officer or employee of the district establishing attempted service by first class mail, facsimile, or e-mail to the person in accordance with the information provided by the person is proof that notice was provided by the district.(e)  Failure to provide notice under Subsection (c)(3)(B) does not invalidate an action taken by the district at the hearing.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 2, eff. June 10, 2015.|
TX Water Code § 36.405 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.405. Hearing Registration

Sec. 36.405.  HEARING REGISTRATION.  The district may require each person who participates in a public hearing to submit a hearing registration form stating:(1)  the person's name;(2)  the person's address; and(3)  whom the person represents, if the person is not there in the person's individual capacity.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 3, eff. June 10, 2015.|
TX Water Code § 36.4051 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.4051. Board Action; Contested Case Hearing Requests; Preliminary Hearing

Sec. 36.4051.  BOARD ACTION; CONTESTED CASE HEARING REQUESTS; PRELIMINARY HEARING.  (a)  The board may take action on any uncontested application at a properly noticed public meeting held at any time after the public hearing at which the application is scheduled to be heard. The board may issue a written order to:(1)  grant the application;(2)  grant the application with special conditions; or(3)  deny the application.(b)  The board shall schedule a preliminary hearing to hear a request for a contested case hearing filed in accordance with rules adopted under Section 36.415. The preliminary hearing may be conducted by: (1)  a quorum of the board;(2)  an individual to whom the board has delegated in writing the responsibility to preside as a hearing examiner over the hearing or matters related to the hearing; or(3)  the State Office of Administrative Hearings under Section 36.416.(c)  Following a preliminary hearing, the board shall determine whether any person requesting the contested case hearing has standing to make that request and whether a justiciable issue related to the application has been raised. If the board determines that no person who requested a contested case hearing had standing or that no justiciable issues were raised, the board may take any action authorized under Subsection (a).(d)  An applicant may, not later than the 20th day after the date the board issues an order granting the application, demand a contested case hearing if the order:(1)  includes special conditions that were not part of the application as finally submitted; or(2)  grants a maximum amount of groundwater production that is less than the amount requested in the application.|Added by Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 4, eff. June 10, 2015.|
TX Water Code § 36.407 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.407. Evidence

Sec. 36.407.  EVIDENCE.  (a)  The presiding officer shall admit evidence that is relevant to an issue at the hearing.(b)  The presiding officer may exclude evidence that is irrelevant, immaterial, or unduly repetitious.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.408 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.408. Recording

Sec. 36.408.  RECORDING.  (a)  Except as provided by Subsection (b), the presiding officer shall prepare and keep a record of each hearing in the form of an audio or video recording or a court reporter transcription.  On the request of a party to a contested hearing, the presiding officer shall have the hearing transcribed by a court reporter.  The presiding officer may assess any court reporter transcription costs against the party that requested the transcription or among the parties to the hearing.  Except as provided by this subsection, the presiding officer may exclude a party from further participation in a hearing for failure to pay in a timely manner costs assessed against that party under this subsection.  The presiding officer may not exclude a party from further participation in a hearing as provided by this subsection if the parties have agreed that the costs assessed against that party will be paid by another party.(b)  If a hearing is uncontested, the presiding officer may substitute minutes or the report required under Section 36.410 for a method of recording the hearing provided by Subsection (a).|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.409 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.409. Continuance

Sec. 36.409.  CONTINUANCE.  The presiding officer may continue a hearing from time to time and from place to place without providing notice under Section 36.404.  If the presiding officer continues a hearing without announcing at the hearing the time, date, and location of the continued hearing, the presiding officer must provide notice of the continued hearing by regular mail to the parties.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.410 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.410. Proposal for Decision

Sec. 36.410.  PROPOSAL FOR DECISION.  (a)  Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day after the date the evidentiary hearing is concluded.(b)  The proposal for decision must include:(1)  a summary of the subject matter of the hearing;(2)  a summary of the evidence or public comments received; and(3)  the presiding officer's recommendations for board action on the subject matter of the hearing.(c)  The presiding officer or general manager shall provide a copy of the proposal for decision to:(1)  the applicant; and(2)  each designated party.(d)  A party may submit to the board written exceptions to the proposal for decision.(e)  If the hearing was conducted by a quorum of the board and if the presiding officer prepared a record of the hearing as provided by Section 36.408(a), the presiding officer shall determine whether to prepare and submit a proposal for decision to the board under this section.(f)  The board shall consider the proposal for decision at a final hearing. Additional evidence may not be presented during a final hearing. The parties may present oral argument at a final hearing to summarize the evidence, present legal argument, or argue an exception to the proposal for decision. A final hearing may be continued as provided by Section 36.409.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 6, eff. June 10, 2015.|
TX Water Code § 36.411 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.411. Board Action

Sec. 36.411.  BOARD ACTION.  The board shall act on a permit or permit amendment application not later than the 60th day after the date the final hearing on the application is concluded.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.412 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.412. Request for Rehearing or Findings and Conclusions

Sec. 36.412.  REQUEST FOR REHEARING OR FINDINGS AND CONCLUSIONS.  (a)  An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of the board on a permit or permit amendment application by requesting written findings and conclusions not later than the 20th day after the date of the board's decision.(b)  On receipt of a timely written request, the board shall make written findings and conclusions regarding a decision of the board on a permit or permit amendment application.  The board shall provide certified copies of the findings and conclusions to the person who requested them, and to each designated party, not later than the 35th day after the date the board receives the request.  A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings and conclusions.(c)  A request for rehearing must be filed in the district office and must state the grounds for the request.  If the original hearing was a contested hearing, the party requesting a rehearing must provide copies of the request to all parties to the hearing.(d)  If the board grants a request for rehearing, the board shall schedule the rehearing not later than the 45th day after the date the request is granted.(e)  The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 7, eff. June 10, 2015.|
TX Water Code § 36.413 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.413. Decision; When Final

Sec. 36.413.  DECISION; WHEN FINAL.  (a)  A decision by the board on a permit or permit amendment application is final:(1)  if a request for rehearing is not filed on time, on the expiration of the period for filing a request for rehearing; or(2)  if a request for rehearing is filed on time, on the date:(A)  the board denies the request for rehearing; or(B)  the board renders a written decision after rehearing.(b)  Except as provided by Subsection (c), an applicant or a party to a contested hearing may file a suit against the district under Section 36.251 to appeal a decision on a permit or permit amendment application not later than the 60th day after the date on which the decision becomes final.(c)  An applicant or a party to a contested hearing may not file suit against the district under Section 36.251 if a request for rehearing was not filed on time.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.414 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.414. Consolidated Hearing on Applications

Sec. 36.414.  CONSOLIDATED HEARING ON APPLICATIONS.  (a)  Except as provided by Subsection (b), a district shall process applications from a single applicant under  consolidated notice and hearing procedures on written request by the applicant if the district requires a separate permit or permit amendment application for:(1)  drilling, equipping, operating, or completing a well or substantially altering the size of a well or well pump under Section 36.113;(2)  the spacing of water wells or the production of groundwater under Section 36.116; or(3)  transferring groundwater out of a district under Section 36.122.(b)  A district is not required to use consolidated notice and hearing procedures to process separate permit or permit amendment applications from a single applicant if the board cannot adequately evaluate one application until it has acted on another application.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.415 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.415. Rules; Additional Procedures

Sec. 36.415.  RULES; ADDITIONAL PROCEDURES.  (a)  A district by rule shall adopt procedural rules to implement this subchapter and may adopt notice and hearing procedures in addition to those provided by this subchapter.(b)  In adopting the rules, a district shall:(1)  define under what circumstances an application is considered contested;(2)  limit participation in a hearing on a contested application to persons who have a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest that is within a district's regulatory authority and affected by a permit or permit amendment application, not including persons who have an interest common to members of the public; and(3)  establish the deadline for a person who may participate under Subdivision (2) to file in the manner required by the district a protest and request for a contested case hearing.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 8, eff. June 10, 2015.|
TX Water Code § 36.416 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.416. Hearings Conducted by State Office of Administrative Hearings; Rules

Sec. 36.416.  HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS; RULES.  (a)  If a district contracts with the State Office of Administrative Hearings to conduct a hearing, the hearing shall be conducted as provided by Subchapters C, D, and F, Chapter 2001, Government Code.  The district may adopt rules for a hearing conducted under this section that are consistent with the procedural rules of the State Office of Administrative Hearings.(b)  If requested by the applicant or other party to a contested case, a district shall contract with the State Office of Administrative Hearings to conduct the hearing.  If the district does not prescribe a deadline by rule, the applicant or other party must request the hearing before the State Office of Administrative Hearings not later than the 14th day before the date the evidentiary hearing is scheduled to begin.  The hearing must be held in Travis County or at a location described by Section 36.403(c).  The district shall choose the location.(c)  The party requesting the hearing before the State Office of Administrative Hearings shall pay all costs associated with the contract for the hearing and shall deposit with the district an amount sufficient to pay the contract amount before the hearing begins.  At the conclusion of the hearing, the district shall refund any excess money to the paying party.  All other costs may be assessed as authorized by this chapter or district rules.(d)  An administrative law judge who conducts a contested  case hearing shall consider applicable district rules or policies in conducting the hearing, but the district deciding the case may not supervise the administrative law judge.(e)  A district shall provide the administrative law judge with a written statement of applicable rules or policies.(f)  A district may not attempt to influence the finding of facts or the administrative law judge's application of the law in a contested case except by proper evidence and legal argument.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 2, eff. May 12, 2011.Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 9, eff. June 10, 2015.|
TX Water Code § 36.4165 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.4165. Final Decision; Contested Case Hearings

Sec. 36.4165.  FINAL DECISION; CONTESTED CASE HEARINGS.  (a)  In a proceeding for a permit application or amendment in which a district has contracted with the State Office of Administrative Hearings for a contested case hearing, the board has the authority to make a final decision on consideration of a proposal for decision issued by an administrative law judge.(b)  A board may change a finding of fact or conclusion of law made by the administrative law judge, or may vacate or modify an order issued by the administrative judge, only if the  board determines:(1)  that the administrative law judge did not properly apply or interpret applicable law, district rules, written policies provided under Section 36.416(e), or prior administrative decisions;(2)  that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or(3)  that a technical error in a finding of fact should be changed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 3, eff. May 12, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 10, eff. June 10, 2015.|
TX Water Code § 36.417 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.417. Rules; Alternative Dispute Resolution

Sec. 36.417.  RULES; ALTERNATIVE DISPUTE RESOLUTION.  A district by rule may develop and use alternative dispute resolution procedures in the manner provided for governmental bodies under Chapter 2009, Government Code.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.|
TX Water Code § 36.418 (2021)
2021 Texas Statutes|Water Code|Title 2 - Water Administration|Subtitle E - Groundwater Management|Chapter 36 - Groundwater Conservation Districts|Subchapter M. Permit and Permit Amendment Applications;|Section 36.418. Rules; Contested Case Hearings; Applicability of Administrative Procedure Act

Sec. 36.418.  RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.  (a)  A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority to issue a subpoena, require a deposition, or order other discovery.(b)  Except as provided by this section and Sections 36.416 and 36.4165, Chapter 2001, Government Code, does not apply to a hearing under this subchapter.(c)  The district shall adopt rules to:(1)  establish a procedure for preliminary and evidentiary hearings;(2)  allow the presiding officer, at a preliminary hearing by the district and before a referral of the case to the State Office of Administrative Hearings, to determine a party's right to participate in a hearing according to Section 36.415(b)(2); and(3)  set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings under Section 36.416.|Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 4, eff. May 12, 2011.Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 5, eff. May 12, 2011.|