Sec. 36.413. DECISION; WHEN FINAL. (a) A decision by the board on a permit or permit amendment application is final:
(1) if a request for rehearing is not filed on time, on the expiration of the period for filing a request for rehearing; or
(2) if a request for rehearing is filed on time, on the date:
(A) the board denies the request for rehearing; or
(B) the board renders a written decision after rehearing.
(b) Except as provided by Subsection (c), an applicant or a party to a contested hearing may file a suit against the district under Section 36.251 to appeal a decision on a permit or permit amendment application not later than the 60th day after the date on which the decision becomes final.
(c) An applicant or a party to a contested hearing may not file suit against the district under Section 36.251 if a request for rehearing was not filed on time.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle E - Groundwater Management
Chapter 36 - Groundwater Conservation Districts
Subchapter M. Permit and Permit Amendment Applications;
Section 36.403. Scheduling of Public Hearing
Section 36.405. Hearing Registration
Section 36.4051. Board Action; Contested Case Hearing Requests; Preliminary Hearing
Section 36.406. Hearing Procedures
Section 36.410. Proposal for Decision
Section 36.412. Request for Rehearing or Findings and Conclusions
Section 36.413. Decision; When Final
Section 36.414. Consolidated Hearing on Applications
Section 36.415. Rules; Additional Procedures
Section 36.416. Hearings Conducted by State Office of Administrative Hearings; Rules
Section 36.4165. Final Decision; Contested Case Hearings
Section 36.417. Rules; Alternative Dispute Resolution
Section 36.418. Rules; Contested Case Hearings; Applicability of Administrative Procedure Act