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.