By Lewis                                              H.B. No. 2568
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the reimbursement of actual costs incurred by a person
    1-3  due to unnecessary state agency action, inaction, or exceeding its
    1-4  statutory authority.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5.102, Water Code, is hereby amended by
    1-7  adding a new subsection (c) as follows:
    1-8        (a)  The commission has the powers to perform any acts
    1-9  whether specifically authorized by this code or other law or
   1-10  implied by this code or other law, necessary and convenient to the
   1-11  exercise of its jurisdiction and powers as provided by this code
   1-12  and other laws.
   1-13        (b)  The commission may call and hold hearings, receive
   1-14  evidence at hearings, administer oaths, issue subpoenas to compel
   1-15  the attendance of witnesses and the production of papers and
   1-16  documents, and make findings of fact and decisions with respect to
   1-17  its jurisdiction under this code and other laws and rules, orders,
   1-18  permits, licenses, certificates, and other actions adopted, issued,
   1-19  or taken by the commission.
   1-20        (c)  Actual costs, reasonably incurred, by a person due to
   1-21  commission action or inaction shall be paid by the commission if a
   1-22  district court determines that the commission, its agents, or
   1-23  employees:  (1) requested or required an applicant for a permit to
    2-1  perform acts not necessary to reasonably comply with the
    2-2  requirements of state statutes or rules in effect at the time the
    2-3  application for a permit was filed with the commission; or (2) made
    2-4  requests, rulings, or decisions which exceeded its statutory
    2-5  authority.  Provided, however, such person shall give written
    2-6  notice to the commission that any requirement to perform such acts
    2-7  (1) above which exceed its legal authority before expending such
    2-8  funds.  Upon a timely filed appeal of a decision of the commission,
    2-9  the court shall hear evidence de novo necessary to decide whether
   2-10  the commission acted in violation of this requirement and the
   2-11  reasonableness of costs actually incurred.  If a successful
   2-12  mandamus action is brought to compel the commission either to
   2-13  continue the review of a permit application which has been returned
   2-14  due to refusal to comply with requests for information which fall
   2-15  under (1) and (2) above, or to timely process such application
   2-16  until the matter is decided by the commission, the court shall
   2-17  award actual costs, reasonably incurred by such person including
   2-18  those associated with bringing such mandamus action.
   2-19        SECTION 2.  EMERGENCY.  The importance of this legislation
   2-20  and the crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.