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Texas Water Code

§ 36.114 — PERMIT; PERMIT AMENDMENT; APPLICATION AND HEARING

WA § 36.114Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. D. POWERS AND DUTIES

Statute text

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(a)The district by rule shall determine each activity regulated by the district for which a permit or permit amendment is required.
(b)For each activity for which the district determines a permit or permit amendment is required under Subsection (a), and that is not exempt from a hearing requirement under Section 36.1145, the district by rule shall determine whether a hearing on the permit or permit amendment application is required.
(c)For all applications for which a hearing is not required under Subsection (b) or Section 36.1145, the board shall act on the application at a meeting, as defined by Section 551.001, Government Code, unless the board by rule has delegated to the general manager the authority to act on the application.
(d)The district shall promptly consider and act on each administratively complete application for a permit or permit amendment as provided by Subsection (c) or Subchapter M.
(e)If, within 60 days after the date an administratively complete application is submitted, the application has not been acted on or set for a hearing on a specific date, the applicant may petition the district court of the county where the land is located for a writ of mandamus to compel the district to act on the application or set a date for a hearing on the application, as appropriate.
(f)For applications requiring a hearing, the initial hearing shall be held within 35 days after the setting of the date, and the district shall act on the application within 60 days after the date the final hearing on the application is concluded.
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Legislative history

Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 10, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 308 (S.B. 854), Sec. 3, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1119 (S.B. 1009), Sec. 2, eff. September 1, 2017.