By Saunders H.B. No. 2437
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the standard of review in contested cases involving
1-3 hazardous waste permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.0832, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 361.0832. Proposal for Decision; Certified Issues;
1-8 Reversal by Commission. (a) After hearing evidence and receiving
1-9 legal arguments, a hearings examiner of the commission shall make
1-10 findings of fact, conclusions of law, and any ultimate findings
1-11 required by statute, all of which shall be separately stated. The
1-12 hearings examiner shall make a proposal for decision to the
1-13 commission and shall serve the proposal for decision on all
1-14 parties. The commission shall consider and act on the proposal for
1-15 decision.
1-16 (b) If a contested case involves an ultimate finding of
1-17 compliance with or satisfaction of a statutory standard the
1-18 determination of which is committed to the discretion or judgment
1-19 of the commission by law, a hearings examiner, on joint motion of
1-20 all parties or sua sponte, may certify those policy issues to the
1-21 commission. A certification request must contain a statement of
1-22 the policy issue to be determined and a statement of all relevant
1-23 facts sufficient to show fully the nature of the controversy. The
2-1 commission may receive written or oral statements from parties to
2-2 the hearing or the hearings examiner on the policy issue certified.
2-3 The commission must answer policy issues not later than the 60th
2-4 day after the date of certification or, in its discretion, may
2-5 decline to answer. If the commission fails to answer a policy
2-6 issue within that period, the commission shall be deemed to have
2-7 declined to answer. The hearings examiner shall proceed with the
2-8 contested case and make a proposal for decision as required by
2-9 Subsection (a).
2-10 (c) The commission may overturn an underlying finding of
2-11 fact that serves as the basis for a decision in a contested case
2-12 only if the commission finds that the finding was not supported by
2-13 the preponderance <great weight> of the evidence.
2-14 (d) The commission may overturn a conclusion of law in a
2-15 contested case only on the grounds that the conclusion was
2-16 <clearly> erroneous in light of precedent and applicable rules.
2-17 (e) If a decision in a contested case involves an ultimate
2-18 finding of compliance with or satisfaction of a statutory standard
2-19 the determination of which is committed to the discretion or
2-20 judgment of the commission by law, the commission may reject a
2-21 proposal for decision as to the ultimate finding for reasons of
2-22 policy only.
2-23 (f) The commission shall issue written rulings, orders, or
2-24 decisions in all contested cases and shall fully explain in a
2-25 ruling, order, or decision the reasoning and grounds for
3-1 overturning each finding of fact or conclusion of law or for
3-2 rejecting any proposal for decision on an ultimate finding.
3-3 (g) This section does not affect the standard of review by a
3-4 district court. The standard of review of a district court is
3-5 prescribed by the Administrative Procedure and Texas Register Act
3-6 (Article 6252-13a, Vernon's Texas Civil Statutes).
3-7 SECTION 2. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.