Bill Text: TX HB3972 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to security required before filing suit against a groundwater conservation district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-08 - Committee report sent to Calendars [HB3972 Detail]
Download: Texas-2021-HB3972-Introduced.html
Bill Title: Relating to security required before filing suit against a groundwater conservation district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-08 - Committee report sent to Calendars [HB3972 Detail]
Download: Texas-2021-HB3972-Introduced.html
By: King of Uvalde | H.B. No. 3972 |
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relating to a person obtaining a surety bond before filing a suit | ||
against a groundwater conservation district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 36, Water Code, is amended | ||
by adding Section 36.2515 to read as follows: | ||
Sec. 36.2515. SURETY BOND REQUIRED. (a) A person shall | ||
obtain a surety bond before filing a suit under Section 36.251. The | ||
surety bond must cover all legal costs associated with the suit, | ||
including: | ||
(1) costs that may be incurred by the district and | ||
applicant; and | ||
(2) the cost of a hearing before the State Office of | ||
Administrative Hearings if requested. | ||
(b) The bond shall be filed with the clerk of the district | ||
court in which the suit is filed pursuant to Section 36.251. | ||
(c) If appeal is taken from a decision of the district court | ||
affirming the district's decision to issue the permit, the person | ||
bringing that appeal shall increase the amount of the bond to cover | ||
the following additional costs: | ||
(1) the actual costs incurred by the district and the | ||
applicant in the district court; and | ||
(2) the estimated costs that may be incurred by the | ||
district and the applicant if appeal is taken: | ||
(i) to the court of appeals, and | ||
(ii) to the supreme court | ||
(d) If on appeal, the person challenging the issuance of the | ||
permit prevails in the final decision, the district court clerk | ||
shall return the bond to the person posting it upon receipt of an | ||
order from the court authorizing its release. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a suit against a groundwater conservation district that is filed on | ||
or after the effective date of this Act. A suit against a | ||
groundwater conservation district that is filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the suit is filed, and that law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |