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.