1-1 By: Sims, Brown S.B. No. 741
1-2 (In the Senate - Filed February 23, 1995; February 27, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 April 5, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; April 5, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 741 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of the Texas Natural Resource
1-11 Conservation Commission to delegate certain uncontested matters for
1-12 decision to the executive director of the commission.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-15 by adding Section 5.122 to read as follows:
1-16 Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE
1-17 DIRECTOR. (a) The commission by rule or order may delegate to the
1-18 executive director the commission's authority to act on an
1-19 application or other request to issue, renew, reopen, transfer,
1-20 amend, extend, withdraw, revoke, terminate, or modify a permit,
1-21 license, certificate, registration, or other authorization or
1-22 approval if:
1-23 (1) required notice of the application or request for
1-24 the authorization or approval has been given;
1-25 (2) the holder of or applicant for the authorization
1-26 or approval agrees in writing to the action to be taken by the
1-27 executive director; and
1-28 (3) the application or request:
1-29 (A) is uncontested and does not require an
1-30 evidentiary hearing; or
1-31 (B) has become uncontested because all parties
1-32 have agreed in writing to the action to be taken by the executive
1-33 director.
1-34 (b) A person affected by an action the executive director
1-35 takes on a matter delegated under this section may appeal the
1-36 executive director's action to the commission unless the action is
1-37 a decision regarding a federal operating permit under Sections
1-38 382.051 through 382.055 or 382.059, Health and Safety Code.
1-39 (c) A person affected by a decision of the executive
1-40 director on a matter delegated under this section that regards a
1-41 federal operating permit under Sections 382.051 through 382.055 or
1-42 382.059, Health and Safety Code, may:
1-43 (1) petition the administrator of the United States
1-44 Environmental Protection Agency in accordance with rules adopted
1-45 under Section 382.0563, Health and Safety Code; or
1-46 (2) file a petition for judicial review under Section
1-47 382.032, Health and Safety Code.
1-48 (d) The commission's authority under this section is
1-49 cumulative of the commission's authority to delegate its powers,
1-50 duties, or rights under any other law.
1-51 SECTION 2. (a) Each action taken by the executive director
1-52 of the Texas Natural Resource Conservation Commission before the
1-53 effective date of this Act in issuing, renewing, reopening,
1-54 transferring, amending, extending, withdrawing, revoking,
1-55 terminating, or otherwise modifying a permit, license, certificate,
1-56 registration, or other authorization or approval is validated and
1-57 confirmed in all respects as if the action were originally
1-58 performed by the commission as authorized by law.
1-59 (b) This section does not apply to any matter that on the
1-60 effective date of this Act:
1-61 (1) is involved in litigation if the litigation
1-62 ultimately results in the matter being held invalid by a final
1-63 judgment of a court of competent jurisdiction; or
1-64 (2) has been held invalid by a court of competent
1-65 jurisdiction.
1-66 SECTION 3. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 * * * * *