73R6911 SMH-F By Lewis H.B. No. 2568 Substitute the following for H.B. No. 2568: By Lewis C.S.H.B. No. 2568 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the recovery of certain costs incurred because of 1-3 certain unwarranted conduct of the Texas Natural Resource 1-4 Conservation Commission. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter I, Chapter 5, Water Code, is amended 1-7 by adding Sections 5.3515 and 5.3525 to read as follows: 1-8 Sec. 5.3515. RECOVERY OF COSTS DUE TO COMPLIANCE WITH 1-9 UNWARRANTED ACTION OF COMMISSION. (a) A person who files a 1-10 petition under Section 5.351 of this code may recover the 1-11 reasonable costs the person incurs in taking an action necessary to 1-12 comply with: 1-13 (1) a request of the commission that the person 1-14 perform an act in connection with an application for a permit if 1-15 the act is not reasonably necessary to comply with a statute or 1-16 commission rule in effect on the date the application was filed; or 1-17 (2) a ruling, order, decision, or other action of the 1-18 commission that exceeds the commission's statutory authority. 1-19 (b) The court may admit evidence that relates to the 1-20 authority of the commission to take the action and of the 1-21 reasonable costs incurred by the person in complying with the 1-22 commission's action. 1-23 (c) A person may not recover the person's costs under this 2-1 section unless: 2-2 (1) before the person incurs a cost to comply with the 2-3 commission's action, the person gives written notice to the 2-4 commission that the action is not reasonably necessary to comply 2-5 with a statute or commission rule in effect on the date the 2-6 application was filed or exceeds the commission's statutory 2-7 authority; and 2-8 (2) not later than 20 days after the date the notice 2-9 is given, the commission fails to correct the action. 2-10 (d) A person who recovers the person's costs under this 2-11 section may also recover court costs and attorney's fees. 2-12 Sec. 5.3525. RECOVERY OF COSTS DUE TO UNWARRANTED DELAY BY 2-13 COMMISSION. (a) A person who files a petition under Section 5.352 2-14 of this code may recover the reasonable costs the person incurs 2-15 because the commission: 2-16 (1) returned an application for a permit because the 2-17 person did not comply with a request for information that: 2-18 (A) is not reasonably necessary to comply with a 2-19 statute or commission rule in effect on the date the application 2-20 was filed with the commission; or 2-21 (B) the commission did not have the statutory 2-22 authority to request; or 2-23 (2) failed to act in a reasonable time on an 2-24 application for a permit. 2-25 (b) The court may admit evidence that relates to the 3-1 authority of the commission to request the information or the 3-2 reasonableness of the commission's failure to act on the 3-3 application and of the reasonable costs incurred by the person as a 3-4 result of the commission's delay. 3-5 (c) A person may not recover the person's costs under this 3-6 section unless: 3-7 (1) the person gives written notice to the commission 3-8 that the request for information is not reasonably necessary to 3-9 comply with a statute or commission rule in effect on the date the 3-10 application was filed or exceeds the commission's statutory 3-11 authority or that the commission has failed to act in a reasonable 3-12 time on the application; and 3-13 (2) not later than 20 days after the date the notice 3-14 is given, the commission fails to withdraw the request for 3-15 information or furnish assurances that it will promptly act on the 3-16 application. 3-17 (d) Recovery of costs under this section is limited to those 3-18 costs that accrue on or after the date the notice is given under 3-19 Subsection (c) of this section. 3-20 (e) A person who recovers the person's costs under this 3-21 section may also recover court costs and attorney's fees. 3-22 SECTION 2. This Act applies to a petition filed on or after 3-23 the effective date of this Act. 3-24 SECTION 3. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended, 4-4 and that this Act take effect and be in force from and after its 4-5 passage, and it is so enacted.