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


Office of House Bill AnalysisH.B. 1504
By: Walker
Natural Resources
3/4/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Current law requires groundwater conservation districts that have 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 over approving or denying
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 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 20 days from the date of the
application, if an application has not been acted upon or set for a hearing
on a specific date. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 changes the time that a district has to act on an
application before an applicant may petition the district court for a writ
of mandamus from 20 to 30 days.  The amendment specifies that an
application be administratively complete when submitted.  The amendment
authorizes the district by rule to set a time when an application will
expire if the information requested in the application is not provided. The
amendment provides that an administratively complete application requires
information set forth in accordance with current law.