Tex. Water Code Section 36.410
Proposal for Decision

(a)

Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day after the date the evidentiary hearing is concluded.

(b)

The proposal for decision must include:

(1)

a summary of the subject matter of the hearing;

(2)

a summary of the evidence or public comments received; and

(3)

the presiding officer’s recommendations for board action on the subject matter of the hearing.

(c)

The presiding officer or general manager shall provide a copy of the proposal for decision to:

(1)

the applicant; and

(2)

each designated party.

(d)

A party may submit to the board written exceptions to the proposal for decision.

(e)

If the hearing was conducted by a quorum of the board and if the presiding officer prepared a record of the hearing as provided by Section 36.408 (Recording)(a), the presiding officer shall determine whether to prepare and submit a proposal for decision to the board under this section.

(f)

The board shall consider the proposal for decision at a final hearing. Additional evidence may not be presented during a final hearing. The parties may present oral argument at a final hearing to summarize the evidence, present legal argument, or argue an exception to the proposal for decision. A final hearing may be continued as provided by Section 36.409 (Continuance).
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. 6, eff. June 10, 2015.

Source: Section 36.410 — Proposal for Decision, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­36.­htm#36.­410 (accessed Jun. 5, 2024).

36.001
Definitions 36.002
Ownership of Groundwater 36.011
Method of Creating District 36.012
Composition of District 36.013
Petition to Create District 36.014
Notice and Public Meeting on District Creation 36.0015
Purpose 36.015
Commission Certification and Order 36.016
Appointment of Temporary Directors 36.017
Confirmation and Directors’ Election for District in a Management Area 36.018
Inclusion of Municipality 36.019
Confirmation Election in District Including Land in More than One County 36.020
Bond and Tax Proposal 36.021
Notification of County Clerk 36.051
Board of Directors 36.052
Other Laws Not Applicable 36.053
Quorum 36.054
Officers 36.055
Sworn Statement, Bond, and Oath of Office 36.056
General Manager 36.057
Management of District 36.058
Conflicts of Interest 36.059
General Elections 36.060
Fees of Office 36.061
Policies 36.062
Offices and Meeting Places 36.063
Notice of Meetings 36.064
Meetings 36.065
Records 36.066
Suits 36.067
Contracts 36.068
Employee Benefits 36.101
Rulemaking Power 36.102
Enforcement of Rules 36.103
Improvements and Facilities 36.104
Purchase, Sale, Transportation, and Distribution of Water 36.105
Eminent Domain 36.106
Surveys 36.107
Research 36.108
Joint Planning in Management Area 36.109
Collection of Information 36.110
Publication of Plans and Information 36.111
Records and Reports 36.112
Drillers’ Logs 36.113
Permits for Wells 36.114
Permit 36.115
Drilling or Altering Well Without Permit 36.116
Regulation of Spacing and Production 36.117
Exemptions 36.118
Open or Uncovered Wells 36.119
Illegal Drilling and Operation of Well 36.120
Information 36.121
Limitation on Rulemaking Power of Districts over Wells in Certain Counties 36.122
Transfer of Groundwater out of District 36.123
Right to Enter Land 36.124
District Act or Proceeding Presumed Valid 36.0151
Creation of District for Priority Groundwater Management Area 36.151
Expenditures 36.152
Fiscal Year 36.153
Annual Audit 36.154
Annual Budget 36.155
Depository 36.156
Investments 36.157
Repayment of Organizational Expenses 36.158
Grants 36.159
Groundwater Conservation District Management Plan Funds 36.160
Funds 36.0161
Method for Appointing Temporary Directors for District in Priority Groundwater Management Area 36.161
Eligibility for Funding 36.0171
Tax Authority and Directors’ Election for District in a Priority Groundwater Management Area 36.171
Issuance of Bonds and Notes 36.172
Manner of Repayment of Bonds and Notes 36.173
Additional Security for Bonds and Notes 36.174
Form of Bonds or Notes 36.175
Provisions of Bonds and Notes 36.176
Refunding Bonds 36.177
Bonds and Notes as Investments 36.178
Bonds and Notes as Security for Deposits 36.179
Tax Status of Bonds and Notes 36.180
Election 36.181
Approval by Attorney General 36.201
Levy of Taxes 36.202
Board Authority 36.203
Tax Rate 36.204
Tax Appraisal, Assessment and Collection 36.205
Authority to Set Fees 36.206
District Fees 36.207
Use of Fees 36.251
Suit Against District 36.252
Suit to Be Expedited 36.253
Trial of Suit 36.254
Subchapter Cumulative 36.301
Failure to Submit a Management Plan 36.302
Legislative Audit Review 36.303
Action by Commission 36.304
Dissolution of District 36.305
Notice of Hearing for Dissolution of Board or District 36.306
Investigation 36.307
Order of Dissolution of Board 36.308
Certified Copy of Order 36.309
Appeals 36.310
Assets Escheat 36.321
Adding Land by Petition of Landowner 36.322
Assumption of Bonds 36.323
Hearing and Determination of Petition 36.324
Recording Petition 36.325
Adding Certain Territory by Petition 36.326
Hearing on Petition 36.327
Resolution to Add Territory 36.328
Election to Ratify Annexation of Land 36.329
Notice and Procedure of Election 36.330
Liability of Added Territory 36.331
Annexation of Noncontiguous Territory 36.351
Consolidation of Districts 36.352
Terms and Conditions of Consolidation 36.353
Notice and Hearing on Consolidation 36.354
Elections to Approve Consolidation 36.355
Governing Consolidated Districts 36.356
Debts of Original Districts 36.357
Assessment and Collection of Taxes 36.358
Voted but Unissued Bonds 36.359
Filing of Order with County Clerk and Executive Director 36.371
Groundwater Conservation District Loan Assistance Fund 36.372
Financial Assistance 36.373
Application for Assistance 36.374
Approval of Application 36.401
Definition 36.402
Applicability 36.403
Scheduling of Public Hearing 36.404
Notice 36.405
Hearing Registration 36.406
Hearing Procedures 36.407
Evidence 36.408
Recording 36.409
Continuance 36.410
Proposal for Decision 36.411
Board Action 36.412
Request for Rehearing or Findings of Fact and Conclusions of Law 36.413
Decision 36.414
Consolidated Hearing on Applications 36.415
Rules 36.416
Hearings Conducted by State Office of Administrative Hearings 36.417
Rules 36.418
Rules 36.451
Definitions 36.452
Applicability to Recovery Wells that Also Function as Injection Wells 36.453
Registration and Reporting of Wells 36.454
Permitting, Spacing, and Production Requirements 36.455
Fees and Surcharges 36.456
Desired Future Conditions 36.457
Other Laws Not Affected 36.1011
Emergency Rules 36.1015
Rules for Permits in Brackish Groundwater Production Zones 36.1025
Petition to Change Rules 36.1071
Management Plan 36.1072
Texas Water Development Board Review and Approval of Management Plan 36.1073
Amendment to Management Plan 36.1081
Technical Staff and Subcommittees for Joint Planning 36.1083
Appeal of Desired Future Conditions 36.1084
Modeled Available Groundwater 36.1085
Management Plan Goals and Objectives 36.1086
Joint Efforts by Districts in a Management Area 36.1131
Elements of Permit 36.1132
Permits Based on Modeled Available Groundwater 36.1145
Operating Permit Renewal 36.1146
Change in Operating Permits 36.1561
Investment Officer 36.3011
Commission Inquiry and Action Regarding District Duties 36.3035
Appointment of a Receiver 36.3705
Definition 36.4051
Board Action 36.4165
Final Decision 36.10835
Judicial Appeal of Desired Future Conditions
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 36.410’s source at texas​.gov