BILL ANALYSIS


                                                     C.S.S.B. 741
                                                         By: Sims
                                                Natural Resources
                                                         04-06-95
                                   Committee Report (Substituted)
BACKGROUND

Currently, the Texas Natural Resource Conservation Commission 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

As proposed, C.S.S.B. 741 authorizes the Texas Water Commission 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 granted
to the Texas Water Commission 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 Texas Water Commission
     (commission), by rule or order, to delegate to the executive
     director of the Texas Water Commission (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.