S.B. No. 854
 
 
 
 
AN ACT
  relating to the renewal or amendment of certain permits issued by
  groundwater conservation districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.001, Water Code, is amended by adding
  Subdivision (31) to read as follows:
               (31)  "Operating permit" means any permit issued by the
  district for the operation of or production from a well, including a
  permit to drill or complete a well if the district does not require
  a separate permit for the drilling or completion of a well.
         SECTION 2.  Sections 36.113(d) and (f), Water Code, are
  amended to read as follows:
         (d)  This subsection does not apply to the renewal of an
  operating permit issued under Section 36.1145.  Before granting or
  denying a permit, or a permit amendment issued in accordance with
  Section 36.1146, the district shall consider whether:
               (1)  the application conforms to the requirements
  prescribed by this chapter and is accompanied by the prescribed
  fees;
               (2)  the proposed use of water unreasonably affects
  existing groundwater and surface water resources or existing permit
  holders;
               (3)  the proposed use of water is dedicated to any
  beneficial use;
               (4)  the proposed use of water is consistent with the
  district's approved management plan;
               (5)  if the well will be located in the Hill Country
  Priority Groundwater Management Area, the proposed use of water
  from the well is wholly or partly to provide water to a pond, lake,
  or reservoir to enhance the appearance of the landscape;
               (6)  the applicant has agreed to avoid waste and
  achieve water conservation; and
               (7)  the applicant has agreed that reasonable diligence
  will be used to protect groundwater quality and that the applicant
  will follow well plugging guidelines at the time of well closure.
         (f)  This subsection does not apply to the renewal of an
  operating permit issued under Section 36.1145.  Permits, and permit
  amendments issued in accordance with Section 36.1146, may be issued
  subject to the rules promulgated by the district and subject to
  terms and provisions with reference to the drilling, equipping,
  completion, alteration, or operation of, or production of
  groundwater from, wells or pumps that may be necessary to prevent
  waste and achieve water conservation, minimize as far as
  practicable the drawdown of the water table or the reduction of
  artesian pressure, lessen interference between wells, or control
  and prevent subsidence.
         SECTION 3.  Sections 36.114(b) and (c), Water Code, are
  amended to read as follows:
         (b)  For each activity for which the district determines a
  permit or permit amendment is required under Subsection (a), and
  that is not exempt from a hearing requirement under Section
  36.1145, the district by rule shall determine whether a hearing on
  the permit or permit amendment application is required.
         (c)  For all applications for which a hearing is not required
  under Subsection (b) or Section 36.1145, the board shall act on the
  application at a meeting, as defined by Section 551.001, Government
  Code, unless the board by rule has delegated to the general manager
  the authority to act on the application.
         SECTION 4.  Subchapter D, Chapter 36, Water Code, is amended
  by adding Sections 36.1145 and 36.1146 to read as follows:
         Sec. 36.1145.  OPERATING PERMIT RENEWAL.  (a)  Except as
  provided by Subsection (b), a district shall without a hearing
  renew or approve an application to renew an operating permit before
  the date on which the permit expires, provided that:
               (1)  the application, if required by the district, is
  submitted in a timely manner and accompanied by any required fees in
  accordance with district rules; and
               (2)  the permit holder is not requesting a change
  related to the renewal that would require a permit amendment under
  district rules.
         (b)  A district is not required to renew a permit under this
  section if the applicant:
               (1)  is delinquent in paying a fee required by the
  district;
               (2)  is subject to a pending enforcement action for a
  substantive violation of a district permit, order, or rule that has
  not been settled by agreement with the district or a final
  adjudication; or
               (3)  has not paid a civil penalty or has otherwise
  failed to comply with an order resulting from a final adjudication
  of a violation of a district permit, order, or rule.
         (c)  If a district is not required to renew a permit under
  Subsection (b)(2), the permit remains in effect until the final
  settlement or adjudication on the matter of the substantive
  violation.
         Sec. 36.1146.  CHANGE IN OPERATING PERMITS. (a)  If the
  holder of an operating permit, in connection with the renewal of a
  permit or otherwise, requests a change that requires an amendment
  to the permit under district rules, the permit as it existed before
  the permit amendment process remains in effect until the later of:
               (1)  the conclusion of the permit amendment or renewal
  process, as applicable; or
               (2)  final settlement or adjudication on the matter of
  whether the change to the permit requires a permit amendment.
         (b)  If the permit amendment process results in the denial of
  an amendment, the permit as it existed before the permit amendment
  process shall be renewed under Section 36.1145 without penalty,
  unless Subsection (b) of that section applies to the applicant.
         (c)  A district may initiate an amendment to an operating
  permit, in connection with the renewal of a permit or otherwise, in
  accordance with the district's rules. If a district initiates an
  amendment to an operating permit, the permit as it existed before
  the permit amendment process shall remain in effect until the
  conclusion of the permit amendment or renewal process, as
  applicable.
         SECTION 5.  Section 36.402, Water Code, is amended to read as
  follows:
         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.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, groundwater conservation districts shall adopt rules
  to implement the changes in law made by this Act.
         SECTION 7.  Sections 36.1145 and 36.1146, Water Code, as
  added by this Act, apply only to a permit renewal for a permit
  issued by a groundwater conservation district initiated on or after
  the effective date of this Act.  A permit renewal initiated before
  that date is governed by the law in effect on the date the permit
  renewal was initiated, and the former law is continued in effect for
  that purpose.
         SECTION 8.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 854 passed the Senate on
  April 28, 2015, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 854 passed the House on
  May 19, 2015, by the following vote:  Yeas 146, Nays 0,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor