1-1 By: Saunders (Senate Sponsor - Carriker) H.B. No. 2434
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 4, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to ex parte communications in contested cases involving
1-22 hazardous waste permits.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 361.0831, Health and Safety Code, is
1-25 amended to read as follows:
1-26 Sec. 361.0831. EX PARTE CONTACTS PROHIBITED. (a) Unless
1-27 required for the disposition of ex parte matters authorized by law,
1-28 or unless permitted by Section 17, Administrative Procedure and
1-29 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
1-30 Statutes), a hearings examiner of the commission may not
1-31 communicate, directly or indirectly, with any employee of the
1-32 commission who is not an employee of the office of hearings
1-33 examiners, any commissioner, or any party to a hearing conducted by
1-34 the commission in connection with any issue of fact or law
1-35 pertaining to a contested case in which the commission or party is
1-36 involved.
1-37 (b) Except for communications allowed under Subsection (a),
1-38 an <An> employee of the commission, a commissioner, or a party to a
1-39 hearing conducted by the commission may not attempt to influence
1-40 the finding of facts or the application of law or rules by a
1-41 hearings examiner of the commission except by proper evidence,
1-42 pleadings, and legal argument with notice and opportunity for all
1-43 parties to participate.
1-44 (c) If a prohibited contact is made, the hearings examiner
1-45 shall notify all parties with a summary of that contact and notice
1-46 of their opportunity to respond <participate> and shall give all
1-47 parties an opportunity to respond.
1-48 SECTION 2. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended,
1-53 and that this Act take effect and be in force from and after its
1-54 passage, and it is so enacted.
1-55 * * * * *
1-56 Austin,
1-57 Texas
1-58 May 4, 1993
1-59 Hon. Bob Bullock
1-60 President of the Senate
1-61 Sir:
1-62 We, your Committee on Natural Resources to which was referred H.B.
1-63 No. 2434, have had the same under consideration, and I am
1-64 instructed to report it back to the Senate with the recommendation
1-65 that it do pass and be printed.
1-66 Sims,
1-67 Chairman
1-68 * * * * *
2-1 WITNESSES
2-2 No witnesses appeared on H.B. No. 2434.