Bill Text: TX HB4002 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a contested case hearing to identify a sensitive feature related to an Edwards Aquifer protection plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Natural Resources [HB4002 Detail]
Download: Texas-2019-HB4002-Introduced.html
| 86R13797 SLB-D | ||
| By: Wilson | H.B. No. 4002 | |
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| relating to a contested case hearing to identify a sensitive | ||
| feature related to an Edwards Aquifer protection plan. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 26, Water Code, is amended | ||
| by adding Section 26.138 to read as follows: | ||
| Sec. 26.138. CONTESTED CASE HEARING TO DETERMINE SENSITIVE | ||
| FEATURE FOR PURPOSE OF EDWARDS AQUIFER PROTECTION PLAN. (a) In | ||
| this section: | ||
| (1) "Protection plan" means a plan for which a fee may | ||
| be imposed under Section 26.0461. | ||
| (2) "Sensitive feature" means a permeable geologic or | ||
| man-made feature located on the Edwards Aquifer recharge zone or | ||
| transition zone where: | ||
| (A) a potential for hydraulic interconnectedness | ||
| between the surface and the Edwards Aquifer exists; and | ||
| (B) rapid infiltration to the subsurface may | ||
| occur. | ||
| (b) If the commission identifies a sensitive feature in | ||
| relation to a protection plan and a dispute is raised as to the | ||
| applicability of rules relating to the Edwards Aquifer to that | ||
| sensitive feature, the party questioning the identification of the | ||
| sensitive feature may deliver to the commission a request for a | ||
| contested case hearing to decide the matter. | ||
| (c) A request under this section must include: | ||
| (1) two independent environmental studies from two | ||
| different professional geologists; and | ||
| (2) a letter in support of the request from a | ||
| legislator in whose district the sensitive feature is located. | ||
| (d) The commission shall grant a request that complies with | ||
| Subsection (c). The decision of a contested case hearing granted | ||
| under this section is final as to the identification of a sensitive | ||
| feature. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
