reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter L. Groundwater Conservation District Loan Assistance Fund › Section 36.374. Approval of Application

Sec. 36.374.  APPROVAL OF APPLICATION.  The Texas Water Development Board, by resolution, may approve an application if it finds that:
(1)  granting financial assistance to the applicant will serve the public interest;  and
(2)  the revenue pledged by the applicant from district taxes and fees and other sources will be sufficient to meet all the obligations assumed by the applicant.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 4.39, eff. Sept. 1, 1997.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.  (a)  The presiding officer may continue a hearing from time to time and from place to place without providing notice under Section 36.404.
(b)  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.
(c)  A continuance may not exceed the time limit for the issuance of a final decision under Section 36.4165.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 3, eff. June 9, 2023.
2023 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.
2023 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.  (a) 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.
(b)  The board shall ensure a decision on a permit or permit amendment application is timely rendered in accordance with the provisions set forth in this chapter.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 4, eff. June 9, 2023.
2023 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 of Fact and Conclusions of Law

Sec. 36.412.  REQUEST FOR REHEARING OR FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (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 making a request in writing to the board.
(a-1)  A party seeking to appeal a decision by the board must request written findings of fact and conclusions of law not later than the 20th day after the date of the board's decision unless the board issued findings of fact and conclusions of law as part of the final decision.
(b)  On receipt of a timely written request under Subsection (a-1), the board shall make written findings of fact and conclusions of law regarding a decision of the board on a permit or permit amendment application.  The board shall provide certified copies of the findings of fact and conclusions of law 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.
(b-1)  A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings of fact and conclusions of law.
(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.
(f)  The board shall consolidate requests for rehearing filed by multiple parties to the contested case hearing, but only one rehearing may be considered per matter.
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.
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 5, eff. June 9, 2023.
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 6, eff. June 9, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
(c)  A final decision issued by the board under this section must be in writing and must either adopt the proposed findings of fact and conclusions of law as proposed by the administrative law judge or include revised findings of fact and conclusions of law consistent with Subsection (b).
(d)  Notwithstanding any other law, a board shall issue a final decision under this section not later than the 180th day after the date of receipt of the final proposal for decision from the State Office of Administrative Hearings. The deadline may be extended if all parties agree to the extension.
(e)  Notwithstanding any other law, if a motion for rehearing is filed and granted by a board under Section 36.412, the board shall make a final decision on the application not later than the 90th day after the date of the decision by the board that was subject to the motion for rehearing.
(f)  A board is considered to have adopted a final proposal for decision of the administrative law judge as a final order on the 181st day after the date the administrative law judge issued the final proposal for decision if the board has not issued a final decision by:
(1)  adopting the findings of fact and conclusions of law as proposed by the administrative law judge; or
(2)  issuing revised findings of fact and conclusions of law as provided by Subsection (b).
(g)  A proposal for decision adopted under Subsection (f) is final, immediately appealable, and not subject to a request for rehearing.
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.
Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 7, eff. June 9, 2023.
2023 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.
2023 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.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.451. Definitions

Sec. 36.451.  DEFINITIONS.  In this subchapter, "aquifer storage and recovery project," "ASR injection well," "ASR recovery well," and "project operator" have the meanings assigned by Section 27.151.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.452. Applicability to Recovery Wells That Also Function as Injection Wells

Sec. 36.452.  APPLICABILITY TO RECOVERY WELLS THAT ALSO FUNCTION AS INJECTION WELLS.  Notwithstanding Section 27.152, this subchapter applies to an ASR recovery well that also functions as an ASR injection well.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.453. Registration and Reporting of Wells

Sec. 36.453.  REGISTRATION AND REPORTING OF WELLS.  (a) A project operator shall:
(1)  register the ASR injection wells and ASR recovery wells associated with the aquifer storage and recovery project with any district in which the wells are located;
(2)  each calendar month by the deadline established by the commission for reporting to the commission, provide the district with a copy of the written or electronic report required to be provided to the commission under Section 27.155; and
(3)  annually by the deadline established by the commission for reporting to the commission, provide the district with a copy of the written or electronic report required to be provided to the commission under Section 27.156.
(b)  If an aquifer storage and recovery project recovers an amount of groundwater that exceeds the volume authorized by the commission to be recovered under the project, the project operator shall report to the district the volume of groundwater recovered that exceeds the volume authorized to be recovered in addition to providing the report required by Subsection (a)(2).
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.454. Permitting, Spacing, and Production Requirements

Sec. 36.454.  PERMITTING, SPACING, AND PRODUCTION REQUIREMENTS.  (a) Except as provided by Subsection (b), a district may not require a permit for the drilling, equipping, operation, or completion of an ASR injection well or an ASR recovery well that is authorized by the commission.
(b)  The ASR recovery wells that are associated with an aquifer storage and recovery project are subject to the permitting, spacing, and production requirements of the district if the amount of groundwater recovered from the wells exceeds the volume authorized by the commission to be recovered under the project.  The requirements of the district apply only to the portion of the volume of groundwater recovered from the ASR recovery wells that exceeds the volume authorized by the commission to be recovered.
(c)  A project operator may not recover groundwater by an aquifer storage and recovery project in an amount that exceeds the volume authorized by the commission to be recovered under the project unless the project operator complies with the applicable requirements of a district as described by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.455. Fees and Surcharges

Sec. 36.455.  FEES AND SURCHARGES.  (a) A district may not assess a production fee or a transportation or export fee or surcharge for groundwater recovered from an ASR recovery well, except to the extent that the amount of groundwater recovered under the aquifer storage and recovery project exceeds the volume authorized by the commission to be recovered.
(b)  A district may assess a well registration fee or other administrative fee for an ASR recovery well in the same manner that the district assesses such a fee for other wells registered with the district.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.456. Desired Future Conditions

Sec. 36.456.  DESIRED FUTURE CONDITIONS.  A district may consider hydrogeologic conditions related to the injection and recovery of groundwater as part of an aquifer storage and recovery project in the planning for and monitoring of the achievement of a desired future condition for the aquifer in which the wells associated with the project are located.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle E - Groundwater Management › Chapter 36 - Groundwater Conservation Districts › Subchapter N. Aquifer Storage and Recovery Projects › Section 36.457. Other Laws Not Affected

Sec. 36.457.  OTHER LAWS NOT AFFECTED.  This subchapter does not affect the ability to regulate groundwater as authorized under:
(1)  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority;
(2)  Chapter 8801, Special District Local Laws Code, for the Harris-Galveston Subsidence District;
(3)  Chapter 8834, Special District Local Laws Code, for the Fort Bend Subsidence District;
(4)  Chapter 8802, Special District Local Laws Code, for the Barton Springs-Edwards Aquifer Conservation District; or
(5)  Chapter 8811, Special District Local Laws Code, for the Corpus Christi Aquifer Storage and Recovery Conservation District.
Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.001. Definitions

Sec. 37.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Natural Resource Conservation Commission.
(2)  "License" means an occupational license or class of license issued by the commission to an individual.
(3)  "Registration" means an occupational registration issued by the commission to a person.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.002. Rules

Sec. 37.002.  RULES.  The commission shall adopt any rules necessary to:
(1)  establish occupational licenses and registrations prescribed by Sections 26.0301, 26.3573, 26.452, and 26.456 of this code, Sections 341.033, 341.034, 361.027, and 366.071, Health and Safety Code, and Section 1903.251, Occupations Code;
(2)  establish classes and terms of occupational licenses and registrations;  and
(3)  administer the provisions of this chapter and other laws governing occupational licenses and registrations under the commission's jurisdiction.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.848, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.003. License or Registration Required

Sec. 37.003.  LICENSE OR REGISTRATION REQUIRED.  A person may not engage in a business, occupation, or profession described by Section 26.0301, 26.3573, 26.452, or 26.456 of this code, Section 341.033, 341.034, 361.027, 366.014, or 366.071, Health and Safety Code, or Section 1903.251, Occupations Code, unless the person holds the appropriate license or registration issued by the commission.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.848, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.004. Qualifications

Sec. 37.004.  QUALIFICATIONS.  The commission may establish qualifications for each license and registration issued under this chapter.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.0045. Qualifications for Certain Licenses

Sec. 37.0045.  QUALIFICATIONS FOR CERTAIN LICENSES.  (a)  This section applies only to a Class D license for wastewater operators or public water system operators.
(b)  In adopting educational attainment standards associated with the issuance of a license, the commission by rule shall establish a provisional certification program by which a person who does not possess a high school diploma or its equivalent may act as a provisional operator if the person:
(1)  has completed all commission-required training associated with the license;
(2)  has passed any commission-required examinations associated with the license; and
(3)  acts under the direct supervision of a license holder.
Added by Acts 2023, 88th Leg., R.S., Ch. 131 (H.B. 1845), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.005. Issuance and Denial of Licenses and Registrations

Sec. 37.005.  ISSUANCE AND DENIAL OF LICENSES AND REGISTRATIONS.  (a)  The commission shall establish requirements and uniform procedures for issuing licenses and registrations under this chapter.
(b)  The commission may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license or registration issued by another state that has requirements substantially equivalent to those of this state.
(c)  After notice and hearing, the commission may deny an application for a license or registration by an applicant who:
(1)  has a record in the preceding five years of continuing violations of statutes or rules adopted under those statutes;
(2)  has engaged in fraud or deceit in obtaining or applying for a license or registration;
(3)  has demonstrated gross negligence, incompetence, or misconduct in the performance of activities authorized by a license or registration;
(4)  made an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the commission by the license or registration holder;
(5)  failed to keep and transmit records as required by a statute within the commission's jurisdiction or a rule adopted under such a statute;  or
(6)  at the time the application is submitted, is indebted to the state for a fee, penalty, or tax imposed by a statute within the commission's jurisdiction or a rule adopted under such a statute.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.006. Renewal of License or Registration

Sec. 37.006.  RENEWAL OF LICENSE OR REGISTRATION.  (a)  The commission shall establish requirements and uniform procedures for renewing licenses and registrations.
(b)  The commission by rule may adopt a system under which licenses or registrations expire on various dates during the year.  For the year in which the license or registration expiration date is changed, the commission shall prorate fees on a monthly basis so that each license or registration holder pays only that portion of the fee that is allocable to the number of months during which the license or registration is valid.  On renewal of the license or registration on the new expiration date, the total renewal fee is payable.
(c)  Not later than the 60th day before the date a person's license or registration is scheduled to expire, the commission shall send written notice of the impending expiration to the person at the person's last known address according to the records of the commission.
(d)  A person may renew an unexpired license or registration by submitting an application accompanied by the required renewal fee.
(e)  A person whose license or registration has expired may not engage in activities that require a license or registration until the license or registration is renewed.
(f)  A person whose license or registration has been expired for 30 days or less may apply for renewal of the license or registration by paying to the commission a renewal fee in an amount prescribed by commission rule not to exceed 1-1/2 times the normally required renewal fee.
(g)  A person whose license or registration has been expired for more than 30 days may not renew the license or registration.  The person may obtain a new license or registration by complying with the requirements and procedures, including the examination requirements, for obtaining an original license or registration.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.007. Licensing Examinations

Sec. 37.007.  LICENSING EXAMINATIONS.  (a)  The commission shall prescribe the content of licensing examinations.  Examinations shall be based on laws, rules, job duties, and standards relating to licenses issued by the commission.
(b)  The commission shall determine the location and frequency of examinations.
(c)  Not later than the 45th day after the date a person takes a licensing examination under this chapter, the commission shall notify the person of the results of the examination.
(d)  If requested in writing by a person who fails a licensing examination administered under this chapter, the commission, within a reasonable time, shall provide the person with an analysis of the person's performance on the examination.  The commission shall ensure that an examination analysis does not compromise the fair and impartial administration of future examinations.
(e)  The commission shall ensure that an otherwise qualified person with a physical, mental, or developmental disability is provided with a reasonable opportunity to take a licensing examination.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.008. Training; Continuing Education

Sec. 37.008.  TRAINING;  CONTINUING EDUCATION.  (a)  The commission shall approve training programs necessary to qualify for or renew a license.
(b)  The commission shall establish and make available to the public uniform procedures for approving training to qualify for or renew a license.
(c)  The commission may recognize, prepare, or administer continuing education programs for license holders, including continuing education programs made available through the Internet.
(d)  The commission by rule shall provide a method for a person who holds a license prescribed by Section 26.0301 of this code or Section 341.033 or 341.034, Health and Safety Code, to certify at the time the license is renewed that the license holder has complied with the commission's continuing education requirements.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 149 (H.B. 965), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.009. Fees

Sec. 37.009.  FEES.  (a)  The commission shall establish and collect fees to cover the cost of administering and enforcing this chapter and licenses and registrations issued under this chapter.
(b)  Fees paid to the commission under this chapter shall be deposited in the state treasury to the credit of the commission occupational licensing account.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.010. Advertising

Sec. 37.010.  ADVERTISING.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a license or registration holder except to prohibit false, misleading, or deceptive practices.
(b)  In its rules to prohibit false, misleading, or deceptive practices, the commission may not include a rule that restricts:
(1)  the use of any medium for advertising;
(2)  the use of a license or registration holder's personal appearance or voice in an advertisement;
(3)  the use or duration of an advertisement by the license or registration holder;  or
(4)  the license or registration holder's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.011. Complaints

Sec. 37.011.  COMPLAINTS.  The commission shall prepare and make available to the public information describing the procedures by which a person may submit licensing and registration complaints to the commission.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.012. Compliance Information

Sec. 37.012.  COMPLIANCE INFORMATION.  In administering this chapter, the commission may require a person to provide information about other occupational licenses and registrations held by the person, including:
(1)  the state in which the license or registration was issued;
(2)  the current status of the license or registration;  and
(3)  whether the license or registration was ever denied, suspended, revoked, surrendered, or withdrawn.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.013. Practice of Occupation

Sec. 37.013.  PRACTICE OF OCCUPATION.  A license or registration holder must engage in the business, occupation, or profession governed by the license or registration according to applicable laws and commission rules and orders.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.014. Roster of License Holders and Registrants

Sec. 37.014.  ROSTER OF LICENSE HOLDERS AND REGISTRANTS.  The commission shall maintain and make available to the public an official roster of persons who hold licenses and registrations issued under this chapter.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle F - Occupational Licensing and Registration › Chapter 37 - Occupational Licensing and Registration › Section 37.015. Power to Contract

Sec. 37.015.  POWER TO CONTRACT.  The commission may contract with persons to provide services required by this chapter.  The commission may authorize contractors to collect reasonable fees for the services provided.
Added by Acts 2001, 77th Leg., ch. 880, Sec. 1, eff. Sept. 1, 2001.