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.