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 * * * * *