Sec. 36.3011. COMMISSION ACTION REGARDING DISTRICT DUTIES    


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  • Not later than the 45th day after receiving the review panel's report under Section 36.1082, the executive director or the commission shall take action to implement any or all of the panel's recommendations. The commission may take any action against a district it considers necessary in accordance with Section 36.303 if the commission finds that:

    (1) the district has failed to submit its management plan to the executive administrator;

    (2) the district has failed to participate in the joint planning process under Section 36.108;

    (3) the district has failed to adopt rules;

    (4) the district has failed to adopt the applicable desired future conditions adopted by the management area at a joint meeting;

    (5) the district has failed to update its management plan before the second anniversary of the adoption of desired future conditions by the management area;

    (6) the district has failed to update its rules to implement the applicable desired future conditions before the first anniversary of the date it updated its management plan with the adopted desired future conditions;

    (7) the rules adopted by the district are not designed to achieve the desired future conditions adopted by the management area during the joint planning process;

    (8) the groundwater in the management area is not adequately protected by the rules adopted by the district; or

    (9) the groundwater in the management area is not adequately protected because of the district's failure to enforce substantial compliance with its rules.

Added by Acts 2001, 77th Leg., ch. 966, Sec. 2.55, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 970 , Sec. 13, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 17 , Sec. 9, eff. April 29, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1233 , Sec. 18, eff. September 1, 2011.