1. New Requirements for Posting
Notices of GMA Planning
Committee Meetings
TAGD Quarterly Meeting
November 30, 2011
W F (Kirk) Holland, P.G.
Barton Springs
Edwards Aquifer
Conservation District

2. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 1
 “Except as provided by this section, a joint
meeting under this section must be held in
accordance with Ch. 551, Government Code.
Each district shall comply with Chapter 552,
Government Code. The district representatives
may elect one district to be responsible for
providing the notice of a joint meeting that this
section would otherwise require of each district
in the management area.
Barton Springs
Edwards Aquifer
Conservation District

3. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 1
 Upshot of this part:
 GMA meetings themselves are subject to OMA, regardless
of GCD board quorum attendance or non-attendance.
 GMA documents are public info subject to PIA via GCDs.
 GMA Committee has option of either 1) designating one
district for this responsibility; or 2) having each district post
appropriate notices in their areas.
 If the former, the designated district must post in all
counties of all GCDs in the GMA, not just their own;
 If the latter, all postings in all the counties should be
substantively identical; one notice per county.
Barton Springs
Edwards Aquifer
Conservation District

4. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 2
 “Notice of a joint meeting must be provided at
least 10 days before the date of the meeting
by:
1) Providing notice to the secretary of state;
2) Providing notice to the county clerk of each
county located wholly or partly in a district in the
management area; and
3) Posting notice at a place readily accessible to the
public at the district office of each district located
wholly or partly in the management area.
Barton Springs
Edwards Aquifer
Conservation District

5. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 2
 Upshot of this part:
 GMA meeting agendas must now be posted with
Secretary of State (once per meeting; typically will
be Coordinator function)
 GMA meetings require 10-day notice, not just 72
hours as a regular district meeting.
 GMA meetings may now by intent have more, and
more knowledgeable, stakeholder participation.
Barton Springs
Edwards Aquifer
Conservation District

6. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 2
 Upshot of this part (continued):
 Even counties that are wholly or just partially in
one GCD of a GMA but are entirely outside that
GMA itself apparently must also be posted.
 GMA meeting agendas must be physically posted
at all member GCD offices just like regular Board
meetings but 10 days in advance.
Barton Springs
Edwards Aquifer
Conservation District

7. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 3
 “The secretary of state and the county clerk of
each county described by Subsection (e) shall
post notice of the meeting in the manner
provided by Section 551.053, Government
Code.
Barton Springs
Edwards Aquifer
Conservation District

8. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 3
 Upshot of this part:
 GMA meeting agendas must have substantially the
same info posted in each county of each GCD of
the GMA and with the SoS.
Barton Springs
Edwards Aquifer
Conservation District

9. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 4
 “Notice of a joint meeting must include:
1) The date, time, and location of the meeting;
2) A summary of any action proposed to be taken;
3) The name of each district located wholly or partly
in the management area; and
4) The name, telephone number, and address of one
or more persons to whom questions, requests for
additional information, or comments may be
submitted.
Barton Springs
Edwards Aquifer
Conservation District

10. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 4
 Upshot of this part:
 GMA meeting agendas must be crafted to contain
the required info (as well as have identical info
posted in each county and the SoS);
 For example:
Barton Springs
Edwards Aquifer
Conservation District

11. Example of Compliant Notice
NOTICE OF OPEN MEETING
Groundwater Management Area # 10 Joint Planning Meeting
Tuesday, December 6, 2011 11:30 a.m.
As required by Section 36.108(e), Texas Water Code, a meeting of the Groundwater Management
Area 10 Joint Planning Committee will be held on Tuesday, December 6, 2011 at 11:30 am at the
Conference Center of the Edwards Aquifer Authority, 1615 N. St. Mary’s, San Antonio, TX 78215 for
purposes of conducting joint planning . The Planning Committee comprises designated District
Representatives from the following groundwater conservation districts located wholly or partially
within Groundwater Management Area 10: Edwards Aquifer Authority, Guadalupe County GCD,
Medina County GCD, Uvalde County UWCD, Plum Creek CD, Barton Springs Edwards Aquifer
CD, Hays Trinity GCD, Trinity Glen Rose GCD and Kinney County GCD .
At this meeting, the following business may be considered and recommended for Joint Planning
Committee possible action:
Agenda
1. Call to Order.
.
.
Barton Springs
Edwards Aquifer
Conservation District

12. Example of Compliant Notice
Agenda (continued)
6. .
7. .
8. Set next meeting time and location
9. Adjournment.
Further information, questions, or comments concerning any aspect of this meeting should be directed to Mr.
Rick Illgner, GMA 10 Planning Committee Coordinator, Edwards Aquifer Authority, 1615 N. St Mary’s, San
Antonio, TX 78215; rillgner@edwardsaquifer.org; or (210)-477-5140.
Came to hand and posted on a Bulletin Board in the Courthouse, _________ County, Texas, on this, the 23rd day
of November, 2011 at _________ .m.
____________________________, Deputy Clerk
_____________ County, TEXAS
Barton Springs
Edwards Aquifer
Conservation District

13. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 5
 “The failure or refusal of one or more districts
to post notice for a joint meeting under
Subsection (e)(3) does not invalidate an action
taken at the joint meeting.”
Barton Springs
Edwards Aquifer
Conservation District

14. The New Statutory Language on
GMA Meetings: §36.108(e) – Part 5
 Upshot of this part:
 This isn’t just a get-out-of-jail free card if one GCD
forgets to post a GMA meeting agenda physically at
its location.
 A GCD that refuses to post at its office a GMA
meeting that, say, has a potential action item that
it doesn’t support is not allowed to invalidate the
GMA action.
 It only applies to the physical posting at the GCD.
Barton Springs
Edwards Aquifer
Conservation District

15. A Final Caveat
TWDB has a rulemaking process underway to
implement various provisions of SB
660/737/332. The TWDB probably will not
promulgate their rules until March 2012. It is
conceivable that the new rules could be based
on a slightly different interpretation of certain
aspects of the statute and modify some of the
conclusions and guidance in this presentation.
Barton Springs
Edwards Aquifer
Conservation District

16. Take-away
We need to dot all our “i”s and cross all our
“t”s with respect to these new requirements
so that hard-earned GMA decisions cannot be
challenged solely on procedural grounds.
Barton Springs
Edwards Aquifer
Conservation District

17. For More Information
1. Talk to your attorney.
2. I will be happy to share my thoughts with you:
Kirk Holland, P.G.
E-mail: kholland@bseacd.org
District Office: (512) 282-8441
Barton Springs
Edwards Aquifer
Conservation District