Tex. Water Code § 36.404 · Subchapter M. PERMIT AND PERMIT AMENDMENT APPLICATIONS; NOTICE AND HEARING PROCESS
NOTICE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the general manager or board schedules a public hearing on an application for a permit or permit amendment, the general manager or board shall give notice of the hearing as provided by this section.
(b) The notice must include:
(1) the name of the applicant;
(2) the address or approximate location of the well or proposed well;
(3) a brief explanation of the proposed permit or permit amendment, including any requested amount of groundwater, the purpose of the proposed use, and any change in use;
(4) the time, date, and location of the hearing; and
(5) any other information the general manager or board considers relevant and appropriate.
(c) Not later than the 10th day before the date of a hearing, the general manager or board shall:
(1) post notice in a place readily accessible to the public at the district office;
(2) provide notice to the county clerk of each county in the district; and
(3) provide notice by:
(A) regular mail to the applicant;
(B) regular mail, facsimile, or electronic mail to any person who has requested notice under Subsection (d); and
(C) regular mail to any other person entitled to receive notice under the rules of the district.
(d) A person may request notice from the district of a public hearing on a permit or a permit amendment application. The request must be in writing and is effective for the remainder of the calendar year in which the request is received by the district. To receive notice of a public hearing in a later year, a person must submit a new request. An affidavit of an officer or employee of the district establishing attempted service by first class mail, facsimile, or e-mail to the person in accordance with the information provided by the person is proof that notice was provided by the district.
(e) Failure to provide notice under Subsection (c)(3)(B) does not invalidate an action taken by the district at the hearing.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 2, eff. June 10, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.36.htm
- Text hash
- sha256 91e377f2e8c2f2fa7e6fff2924ac0101b58906ce5b090d48f9b0ac70ec86a26c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Water Code § 36.404. Each shows the citation as that text prints it.
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