By: Ashby, et al. (Senate Sponsor - Springer) H.B. No. 1971          (In the Senate - Received from the House April 26, 2023;   May 4, 2023, read first time and referred to Committee on Water,   Agriculture & Rural Affairs; May 12, 2023, reported favorably by   the following vote:  Yeas 8, Nays 0; May 12, 2023, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the procedures for acting on a permit or permit   amendment application by a groundwater conservation district and   the disqualification of board members of groundwater conservation   districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 36.053, Water Code, is amended to read as   follows:          Sec. 36.053.  QUORUM. (a)  Except as provided by Subsection   (b), a [A] majority of the membership of the board constitutes a   quorum for any meeting, and a concurrence of a majority of the   entire membership of the board is sufficient for transacting any   business of the district.          (b)  For the purposes of making a final decision on a permit   or permit amendment application by a board composed of 10 or more   directors, a concurrence of a majority of the directors eligible to   vote is sufficient for taking an action on the application.          SECTION 2.  Section 36.058, Water Code, is amended to read as   follows:          Sec. 36.058.  CONFLICTS OF INTEREST.  (a)  A director of a   district is subject to the provisions of Chapters 171 and 176, Local   Government Code, relating to the regulation of conflicts of   officers of local governments.          (b)  If a director is required to file an affidavit under   Section 171.004(a), Local Government Code, the director may not:                (1)  attend a closed meeting related to the matter for   which the director is required to file the affidavit; and                (2)  vote on a matter for which the director is required   to file the affidavit unless a majority of the directors are also   required to file an affidavit related to a similar interest on the   same official action.          SECTION 3.  Section 36.409, Water Code, is amended to read as   follows:          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.          SECTION 4.  Section 36.411, Water Code, is amended to read as   follows:          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.          SECTION 5.  The heading to Section 36.412, Water Code, is   amended to read as follows:          Sec. 36.412.  REQUEST FOR REHEARING OR FINDINGS OF FACT AND   CONCLUSIONS OF LAW.          SECTION 6.  Section 36.412, Water Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1),   (b-1), and (f) to read as follows:          (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 [by requesting] 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.          (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.          SECTION 7.  Section 36.4165, Water Code, is amended by   adding Subsections (c), (d), (e), (f), and (g) to read as follows:          (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.          SECTION 8.  The changes in law made by this Act apply to an   application for a permit or permit amendment submitted on or after   the effective date of this Act. An application for a permit or   permit amendment submitted before the effective date of this Act is   governed by the law in effect at the time the application was   submitted, and the former law is continued in effect for that   purpose.          SECTION 9.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.     * * * * *