HB2080 - Relating to the review of the duties of a groundwater conservation district by the Texas Commission on Environmental Quality.

      H.B. No. 2080         AN ACT   relating to the review of the duties of a groundwater conservation   district by the Texas Commission on Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 36.3011, Water Code, is amended by   amending Subsection (d) and adding Subsections (d-1), (d-2), (d-3),   (e-1), (e-2), (e-3), and (e-4) to read as follows:          (d)  If the petition is not dismissed under Subsection (c),   the commission shall appoint a review panel consisting of a   chairperson and four other members.  A director or general manager   of a district located outside the 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 must [ may ] be an   employee of the commission.  The recording secretary shall record   and document the proceedings of the panel.           (d-1)     A review panel established under Subsection (d) is an   advisory body to the commission and not a governmental body under   Chapter 551 or 552, Government Code.           (d-2)     The commission shall reimburse a member appointed to   the review panel for actual expenses incurred while engaging in   activities on behalf of the review panel.   To be eligible for   reimbursement, the member must file with the executive director a   verified statement, including any relevant receipts, describing   the expenses incurred.   A member appointed to the review panel is   not entitled to a fee of office or other compensation for serving on   the review panel.           (d-3)     The records and documents of the recording secretary   of the proceedings of the review panel must be provided to the   executive director and are public information under Chapter 552,   Government Code.           (e-1)     Not later than the seventh day before the date of a   public meeting or public hearing of the review panel under   Subsection (e), the executive director shall provide notice of any   public meeting or public hearing the review panel is directed to   conduct by:                 (1)     posting notice on the commission's Internet   website; and                 (2)  delivering notice by regular mail to:                       (A)     the district that is the subject of the   petition;                       (B)  the petitioner; and                       (C)     the county clerk of each county in the   district that is the subject of the petition.           (e-2)     The commission or the review panel may submit a   written request to the executive administrator for assistance on a   technical issue related to the petition.   The executive   administrator shall provide the technical assistance not later than   the 120th day after the date the executive administrator receives   the request.   A deadline under Subsection (c), (e), or (h) is   extended by 120 days if a request for technical assistance is   submitted to the executive administrator during a review phase   under that subsection.           (e-3)     On request from a member of the review panel, the   office of public interest counsel of the commission shall provide   legal advice and assistance to the review panel. Notwithstanding   Section 5.273, the office of public interest counsel:                 (1)     may not participate as a party in an inquiry under   this section; and                 (2)     has no duty or responsibility to represent the   public interest or otherwise in an inquiry except as provided by   this subsection.           (e-4)     Subsections (e-2) and (e-3) do not prohibit a member   of the review panel from using the member's own technical   consultant or legal counsel.          SECTION 2.  The changes in law made by this Act apply to a   petition requesting an inquiry regarding the duties of a   groundwater conservation district filed with the Texas Commission   on Environmental Quality on or after the effective date of this Act.     A petition filed with the Texas Commission on Environmental Quality   before the effective date of this Act is governed by the law in   effect on the date the petition was filed, and the former law is   continued in effect for that purpose.          SECTION 3.  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, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2080 was passed by the House on May   16, 2025, by the following vote:  Yeas 118, Nays 1, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 2080 on May 28, 2025, by the following vote:  Yeas 123, Nays 12,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 2080 was passed by the Senate, with   amendments, on May 26, 2025, by the following vote:  Yeas 28, Nays   3.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor