1. (a) If a board of a groundwater conservation district fails to submit a management plan or receive certification of its management plan as required under Texas Water Code §36.1072, or fails to submit or receive certification of an amendment to the management plan as required under Texas Water Code §36.1073, or the state auditors office determines that a district is not actively engaged in achieving the objectives of its certified management plan and therefore not operational in accordance with Texas Water Code §36.302(c) and (f), the commission shall after notice and hearing take action the commission considers appropriate, including:

   1. (1) issuing an order requiring the district to take certain actions or to refrain from taking certain actions;
   2. (2) dissolving the board in accordance with Texas Water Code §36.305 and §36.307;
   3. (3) removing the district's taxing authority;
   4. (4) dissolving the district in accordance with Texas Water Code §§36.304, 36.305, and 36.308; or
   5. (5) recommending to the legislature in the commission's report concerning the designation of Priority Groundwater Management Areas required by Texas Water Code §35.018, actions the commission deems necessary to address operational problems identified in the state auditors report under Texas Water Code §36.302(c) and accomplish comprehensive management in the district.
2. (b) The executive director shall investigate the facts and circumstances of any violations of any rule or order of the commission or any provisions of Texas Water Code Chapter 36 identified under Texas Water Code §36.302(c), §36.1072 and §36.1073 and shall prepare and file a written report with the commission and district and include any actions the executive director believes the commission should take under subsection (a) of this section.
3. (c) The executive director shall attempt to resolve any noncompliance set out in subsection (b) of this section with the board. If unable to resolve the violation, the executive director shall follow the procedures for commission enforcement actions set out in Chapter 70, Subchapter C of this title (relating to Enforcement).

4. (d) Before taking any action listed in subsection (a)(1)-(4) of this section, the commission shall:

   1. (1) give notice of the hearing which briefly describes the reasons for the proceeding.
   2. (2) publish notice once each week for two consecutive weeks before the day of the hearing in a newspaper of general circulation in the county or counties in which the district is located. The first publication shall be 30 days before the day of hearing.
   3. (3) give notice of the hearing by first-class mail addressed to the directors of the district according to the last record on file with the executive director.
5. (e) If the commission enters an order to dissolve the board, the commission shall notify the county commissioners court of each county which contains territory in the district and the commission shall appoint temporary directors under Texas Water Code §36.016 to serve until an election for a new board can be held under Texas Water Code §36.017; provided, however, that district confirmation shall not be required for continued existence of the district and shall not be an issue in the election.
6. (f) The commission shall file a certified copy of the order of dissolution of the district in the deed records of the county or counties in which the district is located. If the district was created by a special Act of the legislature, the commission shall file a certified copy of the order of dissolution with the secretary of state.
7. (g) Appeals from any commission order issued under this subsection shall be filed and heard in the district court of any of the counties in which the district land is located.

Source Note:The provisions of this §293.137 adopted to be effective February 21, 1999, 24 TexReg 960.