S.B. No. 660
 
 
 
 
AN ACT
  relating to the review and functions of the Texas Water Development
  Board, including the functions of the board and related entities in
  connection with the process for establishing and appealing desired
  future conditions in a groundwater management area.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  SECTION 6.013, Water Code, is amended to read as
  follows:
         Sec. 6.013.  SUNSET PROVISION. The Texas Water Development
  Board is subject to review under Chapter 325, Government Code
  (Texas Sunset Act), but is not abolished under that chapter.  The
  board shall be reviewed during the period in which state agencies
  abolished in 2023 [2011] and every 12th year after 2023 [2011] are
  reviewed.
         SECTION 2.  Subchapter D, Chapter 6, Water Code, is amended
  by adding Sections 6.113, 6.114, and 6.115 to read as follows:
         Sec. 6.113.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
  RESOLUTION. (a)  The board shall develop and implement a policy to
  encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         Sec. 6.114.  FINANCIAL ASSISTANCE PROGRAMS:  DEFAULT,
  REMEDIES, AND ENFORCEMENT.  (a)  In this section:
               (1)  "Default" means:
                     (A)  default in payment of the principal of or
  interest on bonds, securities, or other obligations purchased or
  acquired by the board;
                     (B)  failure to perform any covenant related to a
  bond, security, or other obligation purchased or acquired by the
  board;
                     (C)  a failure to perform any of the terms of a
  loan, grant, or other financing agreement; or
                     (D)  any other failure to perform an obligation,
  breach of a term of an agreement, or default as provided by any
  proceeding or agreement evidencing an obligation or agreement of a
  recipient, beneficiary, or guarantor of financial assistance
  provided by the board.
               (2)  "Financial assistance program recipient" means a
  recipient or beneficiary of funds administered by the board under
  this code, including a borrower, grantee, guarantor, or other
  beneficiary.
         (b)  In the event of a default and on request by the board,
  the attorney general shall seek:
               (1)  a writ of mandamus to compel a financial
  assistance program recipient or the financial assistance program
  recipient's officers, agents, and employees to cure the default;
  and
               (2)  any other legal or equitable remedy the board and
  the attorney general consider necessary and appropriate.
         (c)  A proceeding authorized by this section shall be brought
  and venue is in a district court in Travis County.
         (d)  In a proceeding under this section, the attorney general
  may recover reasonable attorney's fees, investigative costs, and
  court costs incurred on behalf of the state in the proceeding in the
  same manner as provided by general law for a private litigant.
         Sec. 6.115.  RECEIVERSHIP. (a)  In this section, "financial
  assistance program recipient" has the meaning assigned by Section
  6.114.
         (b)  In addition to the remedies available under Section
  6.114, at the request of the board, the attorney general shall bring
  suit in a district court in Travis County for the appointment of a
  receiver to collect the assets and carry on the business of a
  financial assistance program recipient if:
               (1)  the action is necessary to cure a default by the
  recipient; and
               (2)  the recipient is not:
                     (A)  a municipality or county; or
                     (B)  a district or authority created under Section
  52, Article III, or Section 59, Article XVI, Texas Constitution.
         (c)  The court shall vest a receiver appointed by the court
  with any power or duty the court finds necessary to cure the
  default, including the power or duty to:
               (1)  perform audits;
               (2)  raise wholesale or retail water or sewer rates or
  other fees;
               (3)  fund reserve accounts;
               (4)  make payments of the principal of or interest on
  bonds, securities, or other obligations purchased or acquired by
  the board; and
               (5)  take any other action necessary to prevent or to
  remedy the default.
         (d)  The receiver shall execute a bond in an amount to be set
  by the court to ensure the proper performance of the receiver's
  duties.
         (e)  After appointment and execution of bond, the receiver
  shall take possession of the books, records, accounts, and assets
  of the financial assistance program recipient specified by the
  court. Until discharged by the court, the receiver shall perform
  the duties that the court directs and shall strictly observe the
  final order involved.
         (f)  On a showing of good cause by the financial assistance
  program recipient, the court may dissolve the receivership.
         SECTION 3.  Section 6.154, Water Code, is amended to read as
  follows:
         Sec. 6.154.  COMPLAINT FILE. (a)  The board shall maintain
  a system to promptly and efficiently act on complaints [file on each
  written complaint] filed with the board. The board shall maintain
  information about parties to the complaint, [file must include:
               [(1)  the name of the person who filed the complaint;
               [(2)  the date the complaint is received by the board;
               [(3)]  the subject matter of the complaint,[;
               [(4)     the name of each person contacted in relation to
  the complaint;
               [(5)]  a summary of the results of the review or
  investigation of the complaint, and the complaint's disposition[;
  and
               [(6)     an explanation of the reason the file was closed,
  if the agency closed the file without taking action other than to
  investigate the complaint].
         (b)  The board shall make information available describing
  its [provide to the person filing the complaint and to each person
  who is a subject of the complaint a copy of the board's policies
  and] procedures for [relating to] complaint investigation and
  resolution.
         SECTION 4.  Section 6.155, Water Code, is amended to read as
  follows:
         Sec. 6.155.  NOTICE OF COMPLAINT. The board[, at least
  quarterly until final disposition of the complaint,] shall
  periodically notify the [person filing the] complaint parties [and
  each person who is a subject of the complaint] of the status of the
  complaint until final disposition [investigation unless the notice
  would jeopardize an undercover investigation].
         SECTION 5.  Section 11.1271, Water Code, is amended by
  amending Subsection (f) and adding Subsection (g) to read as
  follows:
         (f)  The commission shall adopt rules:
               (1)  establishing criteria and deadlines for
  submission of water conservation plans, including any required
  amendments, and for submission of implementation reports; and
               (2)  requiring the methodology and guidance for
  calculating water use and conservation developed under Section
  16.403 to be used in the water conservation plans required by this
  section.
         (g)  At a minimum, rules adopted under Subsection (f)(2) must
  require an entity to report the most detailed level of municipal
  water use data currently available to the entity. The commission
  may not adopt a rule that requires an entity to report municipal
  water use data that is more detailed than the entity's billing
  system is capable of producing.
         SECTION 6.  Section 16.021, Water Code, is amended by
  amending Subsections (c), (d), and (e) and adding Subsections (d-1)
  and (g) to read as follows:
         (c)  The executive administrator shall designate the
  director of the Texas Natural Resources Information System to serve
  as the state geographic information officer. The state geographic
  information officer shall:
               (1)  coordinate the acquisition and use of
  high-priority imagery and data sets;
               (2)  establish, support, and disseminate authoritative
  statewide geographic data sets;
               (3)  support geographic data needs of emergency
  management responders during emergencies;
               (4)  monitor trends in geographic information
  technology; and
               (5)  support public access to state geographic data and
  resources [The Texas Geographic Information Council (TGIC) is
  created to provide strategic planning and coordination in the
  acquisition and use of geo-spatial data and related technologies in
  the State of Texas. The executive administrator and the executive
  director of the Department of Information Resources shall designate
  entities to be members of the TGIC.   The chief administrative
  officer of each member entity shall select one representative to
  serve on the TGIC.   The duties of the TGIC shall include providing
  guidance to the executive administrator in carrying out the
  executive administrator's duties under this section and guidance to
  the Department of Information Resources for development of rules
  related to statewide geo-spatial data and technology standards].
         (d)  Not later than December 1, 2016, and before the end of
  each successive five-year period after that date, the board shall
  submit to the governor, lieutenant governor, and speaker of the
  house of representatives a report that contains recommendations
  regarding:
               (1)  statewide geographic data acquisition needs and
  priorities, including updates on progress in maintaining the
  statewide digital base maps described by Subsection (e)(6);
               (2)  policy initiatives to address the acquisition,
  use, storage, and sharing of geographic data across the state;
               (3)  funding needs to acquire data, implement
  technologies, or pursue statewide policy initiatives related to
  geographic data; and
               (4)  opportunities for new initiatives to improve the
  efficiency, effectiveness, or accessibility of state government
  operations through the use of geographic data [Member entities of
  the TGIC that are state agencies shall, and member entities that are
  not state agencies may, provide information to the TGIC about their
  investments in geographic information and plans for its use.   Not
  later than November 1 of each even-numbered year, the TGIC shall
  prepare and provide to the board, the Department of Information
  Resources, the governor, and the legislature a report that:
               [(1)     describes the progress made by each TGIC member
  entity toward achieving geographic information system goals and in
  implementing geographic information systems initiatives; and
               [(2)     recommends additional initiatives to improve the
  state's geographic information systems programs].
         (d-1)  The board shall consult with stakeholders in
  preparing the report required by Subsection (d).
         (e)  The [Under the guidance of the TGIC, the] executive
  administrator shall:
               (1)  further develop the Texas Natural Resources
  Information System by promoting and providing for effective
  acquisition, archiving, documentation, indexing, and dissemination
  of natural resource and related digital and nondigital data and
  information;
               (2)  obtain information in response to disagreements
  regarding names and name spellings for natural and cultural
  features in the state and provide this information to the Board on
  Geographic Names of the United States Department of the Interior;
               (3)  make recommendations to the Board on Geographic
  Names of the United States Department of the Interior for naming any
  natural or cultural feature subject to the limitations provided by
  Subsection (f);
               (4)  make recommendations to the Department of
  Information Resources to adopt and promote standards that
  facilitate sharing of digital natural resource data and related
  socioeconomic data among federal, state, and local governments and
  other interested parties;
               (5)  acquire and disseminate natural resource and
  related socioeconomic data describing the Texas-Mexico border
  region; and
               (6)  coordinate, conduct, and facilitate the
  development, maintenance, and use of mutually compatible statewide
  digital base maps depicting natural resources and man-made
  features.
         (g)  The board may establish one or more advisory committees
  to assist the board or the executive administrator in implementing
  this section, including by providing information in connection with
  the preparation of the report required by Subsection (d).  In
  appointing members to an advisory committee, the board shall
  consider including representatives of:
               (1)  state agencies that are major users of geographic
  data;
               (2)  federal agencies;
               (3)  local governments; and
               (4)  the Department of Information Resources.
         SECTION 7.  Subsection (b), Section 16.023, Water Code, is
  amended to read as follows:
         (b)  The account may be appropriated only to the board to:
               (1)  develop, administer, and implement the strategic
  mapping program;
               (2)  provide grants to political subdivisions for
  projects related to the development, use, and dissemination of
  digital, geospatial information; and
               (3)  administer, implement, and operate other programs
  of the Texas Natural Resources Information System, including:
                     (A)  the operation of a Texas-Mexico border region
  information center for the purpose of implementing Section
  16.021(e)(5);
                     (B)  the acquisition, storage, and distribution
  of historical maps, photographs, and paper map products;
                     (C)  the maintenance and enhancement of
  information technology; and
                     (D)  the production, storage, and distribution of
  other digital base maps, as determined by the executive
  administrator [or a state agency that is a member of the Texas
  Geographic Information Council].
         SECTION 8.  Section 16.051, Water Code, is amended by adding
  Subsections (a-1) and (a-2) to read as follows:
         (a-1)  The state water plan must include:
               (1)  an evaluation of the state's progress in meeting
  future water needs, including an evaluation of the extent to which
  water management strategies and projects implemented after the
  adoption of the preceding state water plan have affected that
  progress; and
               (2)  an analysis of the number of projects included in
  the preceding state water plan that received financial assistance
  from the board.
         (a-2)  To assist the board in evaluating the state's progress
  in meeting future water needs, the board may obtain implementation
  data from the regional water planning groups.
         SECTION 9.  Subsections (c) and (e), Section 16.053, Water
  Code, are amended to read as follows:
         (c)  No later than 60 days after the designation of the
  regions under Subsection (b), the board shall designate
  representatives within each regional water planning area to serve
  as the initial coordinating body for planning. The initial
  coordinating body may then designate additional representatives to
  serve on the regional water planning group. The initial
  coordinating body shall designate additional representatives if
  necessary to ensure adequate representation from the interests
  comprising that region, including the public, counties,
  municipalities, industries, agricultural interests, environmental
  interests, small businesses, electric generating utilities, river
  authorities, water districts, and water utilities. The regional
  water planning group shall maintain adequate representation from
  those interests.  In addition, the groundwater conservation
  districts located in each management area, as defined by Section
  36.001, located in the regional water planning area shall appoint
  one representative of a groundwater conservation district located
  in the management area and in the regional water planning area to
  serve on the regional water planning group.  In addition,
  representatives of the board, the Parks and Wildlife Department,
  and the Department of Agriculture shall serve as ex officio members
  of each regional water planning group.
         (e)  Each regional water planning group shall submit to the
  development board a regional water plan that:
               (1)  is consistent with the guidance principles for the
  state water plan adopted by the development board under Section
  16.051(d);
               (2)  provides information based on data provided or
  approved by the development board in a format consistent with the
  guidelines provided by the development board under Subsection (d);
               (2-a)  is consistent with the desired future conditions
  adopted under Section 36.108 for the relevant aquifers located in
  the regional water planning area as of the date the board most
  recently adopted a state water plan under Section 16.051 or, at the
  option of the regional water planning group, established subsequent
  to the adoption of the most recent plan;
               (3)  identifies:
                     (A)  each source of water supply in the regional
  water planning area, including information supplied by the
  executive administrator on the amount of modeled [managed]
  available groundwater in accordance with the guidelines provided by
  the development board under Subsections (d) and (f);
                     (B)  factors specific to each source of water
  supply to be considered in determining whether to initiate a
  drought response;
                     (C)  actions to be taken as part of the response;
  and
                     (D)  existing major water infrastructure
  facilities that may be used for interconnections in the event of an
  emergency shortage of water;
               (4)  has specific provisions for water management
  strategies to be used during a drought of record;
               (5)  includes but is not limited to consideration of
  the following:
                     (A)  any existing water or drought planning
  efforts addressing all or a portion of the region;
                     (B)  approved groundwater conservation district
  management plans and other plans submitted under Section 16.054;
                     (C)  all potentially feasible water management
  strategies, including but not limited to improved conservation,
  reuse, and management of existing water supplies, conjunctive use,
  acquisition of available existing water supplies, and development
  of new water supplies;
                     (D)  protection of existing water rights in the
  region;
                     (E)  opportunities for and the benefits of
  developing regional water supply facilities or providing regional
  management of water supply facilities;
                     (F)  appropriate provision for environmental
  water needs and for the effect of upstream development on the bays,
  estuaries, and arms of the Gulf of Mexico and the effect of plans on
  navigation;
                     (G)  provisions in Section 11.085(k)(1) if
  interbasin transfers are contemplated;
                     (H)  voluntary transfer of water within the region
  using, but not limited to, regional water banks, sales, leases,
  options, subordination agreements, and financing agreements; and
                     (I)  emergency transfer of water under Section
  11.139, including information on the part of each permit, certified
  filing, or certificate of adjudication for nonmunicipal use in the
  region that may be transferred without causing unreasonable damage
  to the property of the nonmunicipal water rights holder;
               (6)  identifies river and stream segments of unique
  ecological value and sites of unique value for the construction of
  reservoirs that the regional water planning group recommends for
  protection under Section 16.051;
               (7)  assesses the impact of the plan on unique river and
  stream segments identified in Subdivision (6) if the regional water
  planning group or the legislature determines that a site of unique
  ecological value exists; and
               (8)  describes the impact of proposed water projects on
  water quality.
         SECTION 10.  Section 16.402, Water Code, is amended by
  amending Subsection (e) and adding Subsection (f) to read as
  follows:
         (e)  The board and commission jointly shall adopt rules:
               (1)  identifying the minimum requirements and
  submission deadlines for the annual reports required by Subsection
  (b); [and]
               (2)  requiring the methodology and guidance for
  calculating water use and conservation developed under Section
  16.403 to be used in the reports required by Subsection (b); and
               (3)  providing for the enforcement of this section and
  rules adopted under this section.
         (f)  At a minimum, rules adopted under Subsection (e)(2) must
  require an entity to report the most detailed level of municipal
  water use data currently available to the entity. The board and
  commission may not adopt a rule that requires an entity to report
  municipal water use data that is more detailed than the entity's
  billing system is capable of producing.
         SECTION 11.  Subchapter K, Chapter 16, Water Code, is
  amended by adding Sections 16.403 and 16.404 to read as follows:
         Sec. 16.403.  WATER USE REPORTING. (a)  The board and the
  commission, in consultation with the Water Conservation Advisory
  Council, shall develop a uniform, consistent methodology and
  guidance for calculating water use and conservation to be used by a
  municipality or water utility in developing water conservation
  plans and preparing reports required under this code. At a minimum,
  the methodology and guidance must include:
               (1)  a method of calculating water use for each sector
  of water users served by a municipality or water utility;
               (2)  a method of classifying water users within
  sectors;
               (3)  a method of calculating water use in the
  residential sector that includes both single-family and
  multifamily residences, in gallons per capita per day;
               (4)  a method of calculating water use in the
  industrial, agricultural, commercial, and institutional sectors
  that is not dependent on a municipality's population or the number
  of customers served by a water utility; and
               (5)  guidelines on the use of service populations by a
  municipality or water utility in developing a per-capita-based
  method of calculation, including guidance on the use of permanent
  and temporary populations in making calculations.
         (b)  The board or the commission, as appropriate, shall use
  the methodology and guidance developed under Subsection (a) in
  evaluating a water conservation plan, program of water
  conservation, survey, or other report relating to water
  conservation submitted to the board or the commission under:
               (1)  Section 11.1271;
               (2)  Section 13.146;
               (3)  Section 15.106;
               (4)  Section 15.607;
               (5)  Section 15.975;
               (6)  Section 15.995;
               (7)  Section 16.012(m);
               (8)  Section 16.402;
               (9)  Section 17.125;
               (10)  Section 17.277;
               (11)  Section 17.857; or
               (12)  Section 17.927.
         (c)  The board, in consultation with the commission and the
  Water Conservation Advisory Council, shall develop a data
  collection and reporting program for municipalities and water
  utilities with more than 3,300 connections.
         (d)  Not later than January 1 of each odd-numbered year, the
  board shall submit to the legislature a report that includes the
  most recent data relating to:
               (1)  statewide water usage in the residential,
  industrial, agricultural, commercial, and institutional sectors;
  and
               (2)  the data collection and reporting program
  developed under Subsection (c).
         (e)  Data included in a water conservation plan or report
  required under this code and submitted to the board or commission
  must be interpreted in the context of variations in local water use.
  The data may not be the only factor considered by the commission in
  determining the highest practicable level of water conservation and
  efficiency achievable in the jurisdiction of a municipality or
  water utility for purposes of Section 11.085(l).
         Sec. 16.404.  RULES AND STANDARDS. The commission and the
  board, as appropriate, shall adopt rules and standards as necessary
  to implement this subchapter.
         SECTION 12.  Section 17.003, Water Code, is amended by
  adding Subsections (c), (d), (e), and (f) to read as follows:
         (c) Water financial assistance bonds that have been
  authorized but have not been issued are not considered to be state
  debt payable from the general revenue fund for purposes of Section
  49-j, Article III, Texas Constitution, until the legislature makes
  an appropriation from the general revenue fund to the board to pay
  the debt service on the bonds.
         (d)  In requesting approval for the issuance of bonds under
  this chapter, the executive administrator shall certify to the bond
  review board whether the bonds are reasonably expected to be paid
  from:
               (1)  the general revenues of the state; or
               (2)  revenue sources other than the general revenues of
  the state.
         (e)  The bond review board shall verify whether debt service
  on bonds to be issued by the board under this chapter is state debt
  payable from the general revenues of the state, in accordance with
  the findings made by the board in the resolution authorizing the
  issuance of the bonds and the certification provided by the
  executive administrator under Subsection (d).
         (f)  Bonds issued under this chapter that are designed to be
  paid from the general revenues of the state shall cease to be
  considered bonds payable from those revenues if:
               (1)  the bonds are backed by insurance or another form
  of guarantee that ensures payment from a source other than the
  general revenues of the state; or
               (2)  the board demonstrates to the satisfaction of the
  bond review board that the bonds no longer require payment from the
  general revenues of the state and the bond review board so certifies
  to the Legislative Budget Board.
         SECTION 13.  Section 17.9022, Water Code, is amended to read
  as follows:
         Sec. 17.9022.  FINANCING OF GRANT OR LOAN FOR POLITICAL
  SUBDIVISION; DEFAULT; VENUE. [(a)]  The board may make a loan or
  grant available to a political subdivision in any manner the board
  considers economically feasible, including purchase of bonds or
  securities of the political subdivision or execution of a loan or
  grant agreement with the political subdivision. The board may not
  purchase bonds or securities that have not been approved by the
  attorney general and registered by the comptroller.
         [(b)     In the event of a default in payment of the principal of
  or interest on bonds or securities purchased by the board, or any
  other default as defined in the proceedings or indentures
  authorizing the issuance of bonds, or a default of any of the terms
  of a loan agreement, the attorney general shall seek a writ of
  mandamus or other legal remedy to compel the political subdivision
  or its officers, agents, and employees to cure the default by
  performing the duties they are legally obligated to perform. The
  proceedings shall be brought and venue is in a district court in
  Travis County. This subsection is cumulative of any other rights or
  remedies to which the board may be entitled.]
         SECTION 14.  Section 36.001, Water Code, is amended by
  adding Subdivision (30) to read as follows:
               (30)  "Desired future condition" means a quantitative
  description, adopted in accordance with Section 36.108, of the
  desired condition of the groundwater resources in a management area
  at one or more specified future times.
         SECTION 15.  Section 36.063, Water Code, is amended to read
  as follows:
         Sec. 36.063.  NOTICE OF MEETINGS. (a)  Except as provided
  by Subsections (b) and (c), notice [Notice] of meetings of the board
  shall be given as set forth in the Open Meetings Act, Chapter 551,
  Government Code. Neither failure to provide notice of a regular
  meeting nor an insubstantial defect in notice of any meeting shall
  affect the validity of any action taken at the meeting.
         (b)  At least 10 days before a hearing under Section
  36.108(d-2) or a meeting at which a district will adopt a desired
  future condition under Section 36.108(d-4), the board must post
  notice that includes:
               (1)  the proposed desired future conditions and a list
  of any other agenda items;
               (2)  the date, time, and location of the meeting or
  hearing;
               (3)  the name, telephone number, and address of the
  person to whom questions or requests for additional information may
  be submitted;
               (4)  the names of the other districts in the district's
  management area; and
               (5)  information on how the public may submit comments.
         (c)  Except as provided by Subsection (b), notice of a
  hearing described by Subsection (b) must be provided in the manner
  prescribed for a rulemaking hearing under Section 36.101(d).
         SECTION 16.  Subsections (a) and (e), Section 36.1071, Water
  Code, are amended to read as follows:
         (a)  Following notice and hearing, the district shall, in
  coordination with surface water management entities on a regional
  basis, develop a comprehensive management plan which addresses the
  following management goals, as applicable:
               (1)  providing the most efficient use of groundwater;
               (2)  controlling and preventing waste of groundwater;
               (3)  controlling and preventing subsidence;
               (4)  addressing conjunctive surface water management
  issues;
               (5)  addressing natural resource issues;
               (6)  addressing drought conditions;
               (7)  addressing conservation, recharge enhancement,
  rainwater harvesting, precipitation enhancement, or brush control,
  where appropriate and cost-effective; and
               (8)  addressing [in a quantitative manner] the desired
  future conditions adopted by the district under Section 36.108 [of
  the groundwater resources].
         (e)  In the management plan described under Subsection (a),
  the district shall:
               (1)  identify the performance standards and management
  objectives under which the district will operate to achieve the
  management goals identified under Subsection (a);
               (2)  specify, in as much detail as possible, the
  actions, procedures, performance, and avoidance that are or may be
  necessary to effect the plan, including specifications and proposed
  rules;
               (3)  include estimates of the following:
                     (A)  modeled [managed] available groundwater in
  the district based on the desired future condition established
  under Section 36.108;
                     (B)  the amount of groundwater being used within
  the district on an annual basis;
                     (C)  the annual amount of recharge from
  precipitation, if any, to the groundwater resources within the
  district;
                     (D)  for each aquifer, the annual volume of water
  that discharges from the aquifer to springs and any surface water
  bodies, including lakes, streams, and rivers;
                     (E)  the annual volume of flow into and out of the
  district within each aquifer and between aquifers in the district,
  if a groundwater availability model is available;
                     (F)  the projected surface water supply in the
  district according to the most recently adopted state water plan;
  and
                     (G)  the projected total demand for water in the
  district according to the most recently adopted state water plan;
  and
               (4)  consider the water supply needs and water
  management strategies included in the adopted state water plan.
         SECTION 17.  Subchapter D, Chapter 36, Water Code, is
  amended by amending Section 36.108 and adding Sections 36.1081
  through 36.1086 to read as follows:
         Sec. 36.108.  JOINT PLANNING IN MANAGEMENT AREA. (a)  In
  this section:
               (1)  "Development [, "development] board" means the
  Texas Water Development Board.
               (2)  "District representative" means the presiding
  officer or the presiding officer's designee for any district
  located wholly or partly in the management area.
         (b)  If two or more districts are located within the
  boundaries of the same management area, each district shall prepare
  a comprehensive management plan as required by Section 36.1071
  covering that district's respective territory.  On completion and
  approval of the plan as required by Section 36.1072, each district
  shall forward a copy of the new or revised management plan to the
  other districts in the management area.  The boards of the districts
  shall consider the plans individually and shall compare them to
  other management plans then in force in the management area.
         (c)  The district representatives [presiding officer, or the
  presiding officer's designee, of each district located in whole or
  in part in the management area] shall meet at least annually to
  conduct joint planning with the other districts in the management
  area and to review the management plans, the [and] accomplishments
  of [for] the management area, and proposals to adopt new or amend
  existing desired future conditions.  In reviewing the management
  plans, the districts shall consider:
               (1)  the goals of each management plan and its impact on
  planning throughout the management area;
               (2)  the effectiveness of the measures established by
  each management plan for conserving and protecting groundwater and
  preventing waste, and the effectiveness of these measures in the
  management area generally;
               (3)  any other matters that the boards consider
  relevant to the protection and conservation of groundwater and the
  prevention of waste in the management area; and
               (4)  the degree to which each management plan achieves
  the desired future conditions established during the joint planning
  process.
         (d)  Not later than September 1, 2010, and every five years
  thereafter, the districts shall consider groundwater availability
  models and other data or information for the management area and
  shall propose for adoption [establish] desired future conditions
  for the relevant aquifers within the management area. Before
  voting on the proposed [In establishing the] desired future
  conditions of the aquifers under Subsection (d-2) [this section],
  the districts shall consider:
               (1)  aquifer uses or conditions within the management
  area, including conditions that differ substantially from one
  geographic area to another;
               (2)  the water supply needs and water management
  strategies included in the state water plan;
               (3)  hydrological conditions, including for each
  aquifer in the management area the total estimated recoverable
  storage as provided by the executive administrator, and the average
  annual recharge, inflows, and discharge;
               (4)  other environmental impacts, including impacts on
  spring flow and other interactions between groundwater and surface
  water;
               (5)  the impact on subsidence;
               (6)  socioeconomic impacts reasonably expected to
  occur;
               (7)  the impact on the interests and rights in private
  property, including ownership and the rights of management area
  landowners and their lessees and assigns in groundwater as
  recognized under Section 36.002;
               (8)  the feasibility of achieving the desired future
  condition; and
               (9)  any other information relevant to the specific
  desired future conditions [uses or conditions of an aquifer within
  the management area that differ substantially from one geographic
  area to another].
         (d-1)  The districts may establish different desired future
  conditions for:
               (1)  each aquifer, subdivision of an aquifer, or
  geologic strata located in whole or in part within the boundaries of
  the management area; or
               (2)  each geographic area overlying an aquifer in whole
  or in part or subdivision of an aquifer within the boundaries of the
  management area.
         (d-2) [(d-1)]  The desired future conditions proposed
  [established] under Subsection (d) must provide a balance between
  the highest practicable level of groundwater production and the
  conservation, preservation, protection, recharging, and prevention
  of waste of groundwater and control of subsidence in the management
  area.  This subsection does not prohibit the establishment of
  desired future conditions that provide for the reasonable long-term
  management of groundwater resources consistent with the management
  goals under Section 36.1071(a).  The desired future conditions
  proposed under Subsection (d) must be approved [adopted] by a
  two-thirds vote of all the district representatives for
  distribution to the districts in the management area. A period of
  not less than 90 days for public comments begins on the day the
  proposed desired future conditions are mailed to the districts.
  During the public comment period and after posting notice as
  required by Section 36.063, each district shall hold a public
  hearing on any proposed desired future conditions relevant to that
  district. During the public comment period, the district shall
  make available in its office a copy of the proposed desired future
  conditions and any supporting materials, such as the documentation
  of factors considered under Subsection (d) and groundwater
  availability model run results. After the public hearing, the
  district shall compile for consideration at the next joint planning
  meeting a summary of relevant comments received, any suggested
  revisions to the proposed desired future conditions, and the basis
  for the revisions [present at a meeting:
               [(1)     at which at least two-thirds of the districts
  located in whole or in part in the management area have a voting
  representative in attendance; and
               [(2)     for which all districts located in whole or in
  part in the management area provide public notice in accordance
  with Chapter 551, Government Code.
         [(d-2)     Each district in the management area shall ensure
  that its management plan contains goals and objectives consistent
  with achieving the desired future conditions of the relevant
  aquifers as adopted during the joint planning process].
         (d-3)  After the earlier of the date on which all the
  districts have submitted their district summaries or the expiration
  of the public comment period under Subsection (d-2), the district
  representatives shall reconvene to review the reports, consider any
  district's suggested revisions to the proposed desired future
  conditions, and finally adopt the desired future conditions for the
  management area. The desired future conditions must be adopted as a
  resolution by a two-thirds vote of all the district
  representatives. The district representatives shall produce a
  desired future conditions explanatory report for the management
  area and submit to the development board and each district in the
  management area proof that notice was posted for the joint planning
  meeting, a copy of the resolution, and a copy of the explanatory
  report. The report must:
               (1)  identify each desired future condition;
               (2)  provide the policy and technical justifications
  for each desired future condition;
               (3)  include documentation that the factors under
  Subsection (d) were considered by the districts and a discussion of
  how the adopted desired future conditions impact each factor;
               (4)  list other desired future condition options
  considered, if any, and the reasons why those options were not
  adopted; and
               (5)  discuss reasons why recommendations made by
  advisory committees and relevant public comments received by the
  districts were or were not incorporated into the desired future
  conditions.
         (d-4)  As soon as possible after a district receives the
  desired future conditions resolution and explanatory report under
  Subsection (d-3), the district shall adopt the desired future
  conditions in the resolution and report that apply to the district.
         (e)  Except as provided by this section, a [A] joint meeting
  under this section must be held in accordance with Chapter 551,
  Government Code.  Each district shall comply with Chapter 552,
  Government Code.  The district representatives may elect one
  district to be responsible for providing the notice of a joint
  meeting that this section would otherwise require of each district
  in the management area.  Notice of a joint [the] meeting must be
  provided at least 10 days before the date of the meeting by:
               (1)  providing notice to the secretary of state;
               (2)  providing notice to the county clerk of each
  county located wholly or partly in a district that is located wholly
  or partly in the management area; and
               (3)  posting notice at a place readily accessible to
  the public at the district office of each district located wholly or
  partly in the management area.
         (e-1)  The secretary of state and the county clerk of each
  county described by Subsection (e) shall post notice of the meeting
  in the manner provided by Section 551.053, Government Code.
         (e-2)  Notice of a joint meeting must include:
               (1)  the date, time, and location of the meeting;
               (2)  a summary of any action proposed to be taken;
               (3)  the name of each district located wholly or partly
  in the management area; and
               (4)  the name, telephone number, and address of one or
  more persons to whom questions, requests for additional
  information, or comments may be submitted.
         (e-3)  The failure or refusal of one or more districts to
  post notice for a joint meeting under Subsection (e)(3) does not
  invalidate an action taken at the joint meeting [shall be given in
  accordance with the requirements for notice of district board of
  directors meetings under that Act].
         Sec. 36.1081.  TECHNICAL STAFF AND SUBCOMMITTEES FOR JOINT
  PLANNING. (a)  On request, the commission and the Texas Water
  Development Board shall make technical staff available to serve in
  a nonvoting advisory capacity to assist with the development of
  desired future conditions during the joint planning process under
  Section 36.108.
         (b)  During the joint planning process under Section 36.108,
  the district representatives may appoint and convene nonvoting
  advisory subcommittees who represent social, governmental,
  environmental, or economic interests to assist in the development
  of desired future conditions.
         Sec. 36.1082.  PETITION FOR INQUIRY.  (a)  In this section,
  "affected person" means, with respect to a management area:
               (1)  an owner of land in the management area;
               (2)  a district in or adjacent to the management area;
               (3)  a regional water planning group with a water
  management strategy in the management area;
               (4)  a person who holds or is applying for a permit from
  a district in the management area;
               (5)  a person who has groundwater rights in the
  management area; or
               (6)  any other person defined as affected by commission
  rule.
         (b) An affected person [(f)     A district or person with a
  legally defined interest in the groundwater within the management
  area] may file a petition with the commission requesting an inquiry
  for any of the following reasons:
               (1)  a district fails to submit its management plan to
  the executive administrator;
               (2)  [if] a district fails [or districts refused] to
  participate [join] in the joint planning process under Section
  36.108;
               (3)  a district fails to adopt rules;
               (4)  a district fails to adopt the applicable desired
  future conditions adopted by the management area at a joint
  meeting;
               (5)  a district fails to update its management plan
  before the second anniversary of the adoption of desired future
  conditions by the management area;
               (6)  a district fails to update its rules to implement
  the applicable desired future conditions before the first
  anniversary of the date it updated its management plan with the
  adopted desired future conditions;
               (7)  [or the process failed to result in adequate
  planning, including the establishment of reasonable future desired
  conditions of the aquifers, and the petition provides evidence
  that:
               [(1)     a district in the groundwater management area has
  failed to adopt rules;
               [(2)]  the rules adopted by a district are not designed
  to achieve the desired future conditions adopted by [condition of
  the groundwater resources in] the [groundwater] management area
  [established] during the joint planning process;
               (8) [(3)]  the groundwater in the management area is
  not adequately protected by the rules adopted by a district; or
               (9) [(4)]  the groundwater in the [groundwater]
  management area is not adequately protected due to the failure of a
  district to enforce substantial compliance with its rules.
         (c) [(g)]  Not later than the 90th day after the date the
  petition is filed, the commission shall review the petition and
  either:
               (1)  dismiss the petition if the commission finds that
  the evidence is not adequate to show that any of the conditions
  alleged in the petition exist; or
               (2)  select a review panel as provided in Subsection
  (d) [(h)].
         (d) [(h)]  If the petition is not dismissed under Subsection
  (c) [(g)], the commission shall appoint a review panel consisting
  of a chairman and four other members.  A director or general manager
  of a district located outside the [groundwater] management area
  that is the subject of the petition may be appointed to the review
  panel.  The commission may not appoint more than two members of the
  review panel from any one district.  The commission also shall
  appoint a disinterested person to serve as a nonvoting recording
  secretary for the review panel.  The recording secretary may be an
  employee of the commission.  The recording secretary shall record
  and document the proceedings of the panel.
         (e) [(i)]  Not later than the 120th day after appointment,
  the review panel shall review the petition and any evidence
  relevant to the petition and, in a public meeting, consider and
  adopt a report to be submitted to the commission.  The commission
  may direct the review panel to conduct public hearings at a location
  in the [groundwater] management area to take evidence on the
  petition.  The review panel may attempt to negotiate a settlement or
  resolve the dispute by any lawful means.
         (f) [(j)]  In its report, the review panel shall include:
               (1)  a summary of all evidence taken in any hearing on
  the petition;
               (2)  a list of findings and recommended actions
  appropriate for the commission to take and the reasons it finds
  those actions appropriate; and
               (3)  any other information the panel considers
  appropriate.
         (g) [(k)]  The review panel shall submit its report to the
  commission.  The commission may take action under Section 36.3011.
         Sec. 36.1083.  APPEAL OF DESIRED FUTURE CONDITIONS. (a)  In
  this section, "development board" means the Texas Water Development
  Board.
         (b) [(l)]  A person with a legally defined interest in the
  groundwater in the [groundwater] management area, a district in or
  adjacent to the [groundwater] management area, or a regional water
  planning group for a region in the [groundwater] management area
  may file a petition with the development board appealing the
  approval of the desired future conditions of the groundwater
  resources established under this section.  The petition must
  provide evidence that the districts did not establish a reasonable
  desired future condition of the groundwater resources in the
  [groundwater] management area.
         (c) [(m)]  The development board shall review the petition
  and any evidence relevant to the petition.  The development board
  shall hold at least one hearing at a central location in the
  management area to take testimony on the petition.  The development
  board may delegate responsibility for a hearing to the executive
  administrator or to a person designated by the executive
  administrator.  If the development board finds that the conditions
  require revision, the development board shall submit a report to
  the districts that includes a list of findings and recommended
  revisions to the desired future conditions of the groundwater
  resources.
         (d) [(n)]  The districts shall prepare a revised plan in
  accordance with development board recommendations and hold, after
  notice, at least one public hearing at a central location in the
  [groundwater] management area.  After consideration of all public
  and development board comments, the districts shall revise the
  conditions and submit the conditions to the development board for
  review.
         Sec. 36.1084.  MODELED AVAILABLE GROUNDWATER.  (a)  The
  Texas Water Development Board shall require the [(o)  The]
  districts in a management area to [shall] submit to the executive
  administrator not later than the 60th day after the date on which
  the districts adopted desired future conditions under Section
  36.108(d-3):
               (1)  the desired future conditions adopted
  [established] under Section 36.108;
               (2)  proof that notice was posted for the joint
  planning meeting; and
               (3)  the desired future conditions explanatory report
  [this section to the executive administrator].
         (b)  The executive administrator shall provide each district
  and regional water planning group located wholly or partly in the
  management area with the modeled [managed] available groundwater in
  the management area based upon the desired future conditions
  adopted by the districts [condition of the groundwater resources
  established under this section].
         Sec. 36.1085.  MANAGEMENT PLAN GOALS AND OBJECTIVES.  Each
  district in the management area shall ensure that its management
  plan contains goals and objectives consistent with achieving the
  desired future conditions of the relevant aquifers as adopted
  during the joint planning process.
         Sec. 36.1086.  JOINT EFFORTS BY DISTRICTS IN A MANAGEMENT
  AREA. [(p)]  Districts located within the same [groundwater]
  management areas or in adjacent management areas may contract to
  jointly conduct studies or research, or to construct projects,
  under terms and conditions that the districts consider beneficial.  
  These joint efforts may include studies of groundwater availability
  and quality, aquifer modeling, and the interaction of groundwater
  and surface water; educational programs; the purchase and sharing
  of equipment; and the implementation of projects to make
  groundwater available, including aquifer recharge, brush control,
  weather modification, desalination, regionalization, and treatment
  or conveyance facilities.  The districts may contract under their
  existing authorizations including those of Chapter 791, Government
  Code, if their contracting authority is not limited by Sections
  791.011(c)(2) and (d)(3) and Section 791.014, Government Code.
         SECTION 18.  Section 36.3011, Water Code, is amended to read
  as follows:
         Sec. 36.3011.  COMMISSION ACTION REGARDING [FAILURE OF]
  DISTRICT DUTIES [TO CONDUCT JOINT PLANNING]. Not later than the
  45th day after receiving the review panel's report under Section
  36.1082 [36.108], the executive director or the commission shall
  take action to implement any or all of the panel's recommendations.  
  The commission may take any action against a district it considers
  necessary in accordance with Section 36.303 if the commission finds
  that:
               (1)  the [a] district has failed to submit its
  management plan to the executive administrator;
               (2)  the district has failed to participate in the
  joint planning process under Section 36.108;
               (3)  the [a] district has failed to adopt rules;
               (4)  the district has failed to adopt the applicable
  desired future conditions adopted by the management area at a joint
  meeting;
               (5)  the district has failed to update its management
  plan before the second anniversary of the adoption of desired
  future conditions by the management area;
               (6)  the district has failed to update its rules to
  implement the applicable desired future conditions before the first
  anniversary of the date it updated its management plan with the
  adopted desired future conditions;
               (7) [(3)]  the rules adopted by the district are not
  designed to achieve the desired future conditions adopted by 
  [condition of the groundwater resources in] the [groundwater]
  management area during the joint planning process; [or]
               (8) [(4)]  the groundwater in the management area is
  not adequately protected by the rules adopted by the district;[,]
  or
               (9)  the groundwater in the management area is not
  adequately protected because of the district's failure to enforce
  substantial compliance with its rules.
         SECTION 19.  Sections 15.908 and 17.180, Water Code, are
  repealed.
         SECTION 20.  As soon as practicable after the effective date
  of this Act, groundwater conservation districts shall appoint
  initial representatives to regional water planning groups as
  required by Subsection (c), Section 16.053, Water Code, as amended
  by this Act.
         SECTION 21.  Not later than January 1, 2013:
               (1)  the Texas Commission on Environmental Quality
  shall adopt rules under Subsection (f), Section 11.1271, Water
  Code, as amended by this Act;
               (2)  the Texas Water Development Board and the Texas
  Commission on Environmental Quality jointly shall adopt rules under
  Subsection (e), Section 16.402, Water Code, as amended by this Act;
  and
               (3)  the Texas Water Development Board and the Texas
  Commission on Environmental Quality, in consultation with the Water
  Conservation Advisory Council, shall develop the water use and
  conservation calculation methodology and guidance and the data
  collection and reporting program required by Subsections (a) and
  (c), Section 16.403, Water Code, as added by this Act.
         SECTION 22.  Not later than January 1, 2015, the Texas Water
  Development Board shall submit to the legislature the first report
  required by Subsection (d), Section 16.403, Water Code, as added by
  this Act.
         SECTION 23.  The notice provisions of Subsections (b) and
  (c), Section 36.063, Water Code, as added by this Act, apply only to
  a meeting or hearing of a groundwater conservation district or a
  joint planning meeting of groundwater conservation districts held
  on or after the effective date of this Act. A meeting or hearing
  held before the effective date of this Act is subject to the notice
  provisions in effect at the time of the meeting or hearing, and
  those provisions are continued in effect for that purpose.
         SECTION 24.  The requirement that a groundwater conservation
  district's management plan under Subsection (a), Section 36.1071,
  Water Code, as amended by this Act, include the desired future
  conditions adopted under Section 36.108, Water Code, as amended by
  this Act, for submission to the executive administrator of the
  Texas Water Development Board before the plan is considered
  administratively complete applies only to a district management
  plan submitted to the executive administrator on or after the
  effective date of this Act. A management plan submitted before the
  effective date of this Act is governed by the law in effect on the
  date the plan was submitted, and that law is continued in effect for
  that purpose.
         SECTION 25.  The procedures for the adoption and reporting
  of desired future conditions of groundwater resources in a
  management area under Section 36.108, Water Code, as amended by
  this Act, and Section 36.1084, Water Code, as added by this Act,
  apply only to the adoption of desired future conditions that occurs
  on or after the effective date of this Act. Desired future
  conditions adopted before the effective date of this Act are
  governed by the law in effect on the date the desired future
  conditions were adopted, and that law is continued in effect for
  that purpose.
         SECTION 26.  This Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 660 passed the Senate on
  April 20, 2011, by the following vote:  Yeas 30, Nays 1;
  May 27, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2011, House
  granted request of the Senate; May 29, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 660 passed the House, with
  amendments, on May 20, 2011, by the following vote:  Yeas 143,
  Nays 4, two present not voting; May 28, 2011, House granted request
  of the Senate for appointment of Conference Committee;
  May 29, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 147, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor