BILL ANALYSIS S.B. 741 By: Sims/Brown (Counts) 05-02-95 Committee Report (Unamended) BACKGROUND Currently, the Texas Natural Resource Conservation Commission (TNRCC) is required to review and approve all applications for a permit, license, certificate, or other authorization with the commission. This practice has caused a backlog to the agenda for permit review. PURPOSE To authorize the TNRCC to delegate its authority in uncontested matters to the executive director of the commission; authorizes a person affected by an action of the executive director to appeal the action. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the TNRCC under SECTION 1 (Section 5.122(a), Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 5D, Water Code, by adding Section 5.122, as follows: Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE DIRECTOR. (a) Authorizes the TNRCC, by rule or order, to delegate to the executive director of the TNRCC (executive director) the commission's authority to act on an application or other request to issue, renew, reopen, transfer, amend, extend, withdraw, revoke, terminate, or modify a permit, license, certificate, registration, or other authorization or approval if certain requirements are met. (b) Authorizes a person affected by an action the executive director takes on a matter to appeal the executive director's action to the commission unless the action is a decision regarding a federal operating permit. (c) Authorizes a person affected by a decision of the executive director that regards a federal operating permit to petition the administrator of the Environmental Protection Agency; or file a petition of judicial review. (d) Provides that the commission's authority under this section is cumulative of the commission's authority to delegate its powers, duties, or rights under any other law. SECTION 2. (a) Provides that action taken by the executive director before the effective date of this Act in issuing, renewing, reopening, transferring, amending, withdrawing, revoking, or otherwise modifying a permit, license, certificate, registration, or other authorization or approval is validated and confirmed as if the action were performed by the commission. (b) Provides that this section does not apply to any matter that on the effective date of this Act is involved in litigation that results in the matter being held invalid by a final court judgment; or has been held invalid by a court. SECTION 3. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B.741 was considered by the committee in a formal meeting on May 2, 1995. No testimony was received. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.