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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial review of acts by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 361.321(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) A person affected by a ruling, order, decision, or other |
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act of the commission may appeal the action by filing a petition in |
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a district court of Travis County in the time required by Section |
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5.351, Water Code. |
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(c) A [Except as provided by Section 361.322(a), the] |
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petition described by Subsection (b) must be filed not later than |
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the 30th day after the date of the ruling, order, decision, or other |
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act of the governmental entity whose action is appealed. Service of |
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citation of the petition must be accomplished not later than the |
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30th day after the date on which the petition is filed. |
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SECTION 2. Sections 361.322(a) and (f), Health and Safety |
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Code, are amended to read as follows: |
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(a) Any person subject to an administrative order under |
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Section 361.272 may appeal the order by filing a petition in the |
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time required by Section 5.351, Water Code [before the 46th day |
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after the date of receipt, hand delivery, or publication service of |
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the order]. |
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(f) The administrative order is final as to a nonappealing |
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party on the date by which the person is required to file a petition |
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under Section 5.351, Water Code [46th day after the date of receipt, |
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hand delivery, or publication service of the order by, to, or on the |
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nonappealing party]. |
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SECTION 3. Section 382.032(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The petition must be filed in the time required by |
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Section 5.351, Water Code, unless [within 30 days after the date of |
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the commission's or executive director's action or, in the case of a |
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ruling, order, or decision, within 30 days after the effective date |
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of the ruling, order, or decision. If] the appeal relates to the |
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commission's failure to take final action on an application for a |
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federal operating permit, a reopening of a federal operating |
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permit, a revision to a federal operating permit, or a permit |
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renewal application for a federal operating permit in accordance |
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with Section 382.0542(b), in which case the petition may be filed at |
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any time before the commission or the executive director takes |
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final action. |
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SECTION 4. Sections 5.351(b) and (c), Water Code, are |
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amended to read as follows: |
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(b) A person affected by a ruling, order, or decision of the |
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commission must file a [his] petition within 30 days after the |
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effective date of the ruling, order, or decision. A person affected |
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by an act other than a ruling, order, or decision must file a [his] |
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petition within 30 days after the date the commission performed the |
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act. |
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(c) Notwithstanding Subsection (b) or another provision of |
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law to the contrary, a person affected by a ruling, order, or |
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decision on a matter delegated to the executive director under |
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Section 5.122 or other law may, after exhausting any administrative |
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remedies, file a petition to review, set aside, modify, or suspend |
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the ruling, order, or decision not later than the 30th day after: |
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(1) the effective date of the ruling, order, or |
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decision; or |
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(2) if the executive director's ruling, order, or |
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decision is appealed to the commission as authorized by Section |
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5.122(b) or other law, the earlier of: |
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(A) the date the commission denies the appeal; or |
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(B) the date the appeal is overruled by operation |
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of law in accordance with commission rules. |
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SECTION 5. This Act takes effect September 1, 2021. |