By: Sims, Brown S.B. No. 741 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of the Texas Natural Resource 1-2 Conservation Commission to delegate certain uncontested matters for 1-3 decision to the executive director of the commission. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-6 by adding Section 5.122 to read as follows: 1-7 Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE 1-8 DIRECTOR. (a) The commission by rule or order may delegate to the 1-9 executive director the commission's authority to act on an 1-10 application or other request to issue, renew, reopen, transfer, 1-11 amend, extend, withdraw, revoke, terminate, or modify a permit, 1-12 license, certificate, registration, or other authorization or 1-13 approval if: 1-14 (1) required notice of the application or request for 1-15 the authorization or approval has been given; 1-16 (2) the holder of or applicant for the authorization 1-17 or approval agrees in writing to the action to be taken by the 1-18 executive director; and 1-19 (3) the application or request: 1-20 (A) is uncontested and does not require an 1-21 evidentiary hearing; or 1-22 (B) has become uncontested because all parties 1-23 have agreed in writing to the action to be taken by the executive 1-24 director. 2-1 (b) A person affected by an action the executive director 2-2 takes on a matter delegated under this section may appeal the 2-3 executive director's action to the commission unless the action is 2-4 a decision regarding a federal operating permit under Sections 2-5 382.051 through 382.055 or 382.059, Health and Safety Code. 2-6 (c) A person affected by a decision of the executive 2-7 director on a matter delegated under this section that regards a 2-8 federal operating permit under Sections 382.051 through 382.055 or 2-9 382.059, Health and Safety Code, may: 2-10 (1) petition the administrator of the United States 2-11 Environmental Protection Agency in accordance with rules adopted 2-12 under Section 382.0563, Health and Safety Code; or 2-13 (2) file a petition for judicial review under Section 2-14 382.032, Health and Safety Code. 2-15 (d) The commission's authority under this section is 2-16 cumulative of the commission's authority to delegate its powers, 2-17 duties, or rights under any other law. 2-18 SECTION 2. (a) Each action taken by the executive director 2-19 of the Texas Natural Resource Conservation Commission before the 2-20 effective date of this Act in issuing, renewing, reopening, 2-21 transferring, amending, extending, withdrawing, revoking, 2-22 terminating, or otherwise modifying a permit, license, certificate, 2-23 registration, or other authorization or approval is validated and 2-24 confirmed in all respects as if the action were originally 2-25 performed by the commission as authorized by law. 2-26 (b) This section does not apply to any matter that on the 2-27 effective date of this Act: 3-1 (1) is involved in litigation if the litigation 3-2 ultimately results in the matter being held invalid by a final 3-3 judgment of a court of competent jurisdiction; or 3-4 (2) has been held invalid by a court of competent 3-5 jurisdiction. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended, 3-11 and that this Act take effect and be in force from and after its 3-12 passage, and it is so enacted.