2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter D. Powers and Duties › Section 36.101. Rulemaking Power

Sec. 36.101.  RULEMAKING POWER.  (a)  A district may make and enforce rules, including rules limiting groundwater production based on tract size or the spacing of wells, to provide for conserving, preserving, protecting, and recharging of the groundwater or of a groundwater reservoir or its subdivisions in order to control subsidence, prevent degradation of water quality, or prevent waste of groundwater and to carry out the powers and duties provided by this chapter.  In adopting a rule under this chapter, a district shall:
(1)  consider all groundwater uses and needs;
(2)  develop rules that are fair and impartial;
(3)  consider the groundwater ownership and rights described by Section 36.002;
(4)  consider the public interest in conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and in controlling subsidence caused by withdrawal of groundwater from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution;
(5)  consider the goals developed as part of the district's management plan under Section 36.1071; and
(6)  not discriminate between land that is irrigated for production and land that was irrigated for production and enrolled or participating in a federal conservation program.
(a-1)  Any rule of a district that discriminates between land that is irrigated for production and land that was irrigated for production and enrolled or participating in a federal conservation program is void.
(b)  Except as provided by Section 36.1011, after notice and hearing, the board shall adopt and enforce rules to implement this chapter, including rules governing procedure before the board.
(c)  The board shall compile its rules and make them available for use and inspection at the district's principal office.
(d)  Not later than the 20th day before the date of a rulemaking 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;
(3)  publish notice in one or more newspapers of general circulation in the county or counties in which the district is located;
(4)  provide notice by mail, facsimile, or electronic mail to any person who has requested notice under Subsection (i); and
(5)  make available a copy of all proposed rules at a place accessible to the public during normal business hours and, if the district has a website, post an electronic copy on a generally accessible Internet site.
(e)  The notice provided under Subsection (d) must include:
(1)  the time, date, and location of the rulemaking hearing;
(2)  a brief explanation of the subject of the rulemaking hearing; and
(3)  a location or Internet site at which a copy of the proposed rules may be reviewed or copied.
(f)  The presiding officer shall conduct a rulemaking hearing in the manner the presiding officer determines to be most appropriate to obtain information and comments relating to the proposed rule as conveniently and expeditiously as possible.  Comments may be submitted orally at the hearing or in writing.  The presiding officer may hold the record open for a specified period after the conclusion of the hearing to receive additional written comments.
(g)  A district may require each person who participates in a rulemaking 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 at the hearing in the person's individual capacity.
(h)  The presiding officer shall prepare and keep a record of each rulemaking hearing in the form of an audio or video recording or a court reporter transcription.
(i)  A person may submit to the district a written request for notice of a rulemaking hearing.  A request is effective for the remainder of the calendar year in which the request is received by the district.  To receive notice of a rulemaking 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.
(j)  A district may use an informal conference or consultation to obtain the opinions and advice of interested persons about contemplated rules and may appoint advisory committees of experts, interested persons, or public representatives to advise the district about contemplated rules.
(k)  Failure to provide notice under Subsection (d)(4) does not invalidate an action taken by the district at a rulemaking hearing.
(l)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 15(2), eff. September 1, 2019.
Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.44, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1116 (H.B. 2423), Sec. 3, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1207 (S.B. 332), Sec. 2, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1135 (H.B. 2729), Sec. 15(2), eff. September 1, 2019.