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.