HBA-BSM H.B. 1504 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1504
By: Walker
Natural Resources
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Previous state law required groundwater conservation districts that had
authority over water well permits to promptly consider and pass on each
application received.  By changing the requirement to act instead of pass,
House Bill 1504 authorizes districts to have greater options for the
approval or denial of applications received.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1504 amends the Water Code to require a groundwater conservation
district that has the authority  to regulate water wells to promptly
consider and act on each administratively complete application for a
permit.  The bill authorizes an applicant to petition the district court of
the county where the land is located for a writ of mandamus to compel the
district to act or set a date for a hearing on the application after 30
days from the date of the administratively complete application, if an
application has not been acted upon or set for a hearing on a specific
date.  The bill authorizes the district by rule to set a time when an
application will expire if the requested information is not provided to the
district. 

EFFECTIVE DATE

May 24, 2001.