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By: Birdwell |
S.B. No. 2203 |
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(In the Senate - Filed March 11, 2025; March 25, 2025, read |
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first time and referred to Committee on Natural Resources; |
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April 28, 2025, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 8, Nays 0; April 28, 2025, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 2203 |
By: Birdwell |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of discovery issues to the Texas |
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Commission on Environmental Quality in contested cases referred to |
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the State Office of Administrative Hearings by the commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.047, Government Code, is amended by |
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amending Subsection (i) and adding Subsection (i-4) to read as |
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follows: |
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(i) The office and the commission jointly shall adopt rules |
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providing for certification to the commission of an issue that |
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involves an ultimate finding of compliance with or satisfaction of |
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a statutory standard the determination of which is committed to the |
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discretion or judgment of the commission by law. Each agency shall |
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publish the jointly adopted rules. The rules must: |
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(1) address, at a minimum, the issues that are |
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appropriate for certification and the procedure to be used in |
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certifying the issue; and |
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(2) provide that any issue raised by a party relating |
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to the scope of discovery under Subsection (g) shall be promptly |
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certified by the administrative law judge to the commission. [Each |
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agency shall publish the jointly adopted rules.] |
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(i-4) Following the certification to the commission of an |
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issue raised by a party relating to the scope of discovery under |
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Subsection (g), the administrative law judge may abate the deadline |
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specified by Subsection (e-2) until the first business day after |
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the date the commission's determination on the certified issue |
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becomes final. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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