By: Armbrister S.B. No. 1322
A BILL TO BE ENTITLED
AN ACT
1-1 relating to required procedures in contested cases before the Texas
1-2 Natural Resource Conservation Commission involving the issuance,
1-3 amendment, renewal, or revocation of certain permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.102, Water Code, is amended by adding
1-6 Subsection (c) to read as follows:
1-7 (c) Chapter 2001, Government Code (Administrative Procedure
1-8 Act), shall apply to all commission proceedings except to the
1-9 extent that chapter is inconsistent with any provision of this code
1-10 or other laws administered by the commission.
1-11 SECTION 2. Section 5.103, Water Code, is amended to read as
1-12 follows:
1-13 Sec. 5.103. RULES. (a) The commission shall adopt any
1-14 rules necessary to carry out its powers and duties under this code
1-15 and other laws of this state.
1-16 (b) The commission shall adopt reasonable procedural rules
1-17 to be followed in a commission hearing, provided that any
1-18 commission rule establishing contested case hearing procedures
1-19 applicable to the granting, amendment, renewal, or revocation of a
1-20 license or permit under Chapter 361 or 382, Health and Safety Code,
1-21 or Chapter 26 or 27 of this code shall comply with the following
1-22 procedural requirements:
1-23 (1) the commission's draft permit, the application,
2-1 and any amendments or supplements thereto shall be received into
2-2 the evidentiary record at the commencement of the hearing;
2-3 (2) each factual representation contained in the
2-4 application, to the extent not inconsistent with the draft permit
2-5 and not specifically controverted by sworn testimony or other
2-6 competent evidence, shall be deemed to be true and correct;
2-7 (3) any party desiring to challenge the
2-8 appropriateness of any term, condition, or other provision of the
2-9 draft permit shall bear the burdens of production and of persuasion
2-10 with respect to the specific terms, conditions, or provisions at
2-11 issue;
2-12 (4) the draft permit shall be adopted by the
2-13 commission as written unless a party establishes by a preponderance
2-14 of the evidence that the permit should be modified or denied.
2-15 (c) The executive director may recommend to the commission
2-16 for its consideration any rules that he considers necessary.
2-17 (d) <(c)> Rules shall be adopted in the manner provided by
2-18 Chapter 2001, Government Code ( <the> Administrative Procedure <and
2-19 Texas Register> Act <(Article 6252-13a, Vernon's Texas Civil
2-20 Statutes>). As provided by that chapter <Act>, the commission must
2-21 adopt rules when adopting, repealing, or amending any agency
2-22 statement of general applicability that interprets or prescribes
2-23 law or policy or describes the procedure or practice requirements
2-24 of an agency. The commission shall follow its own rules as adopted
2-25 until it changes them in accordance with that Act.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.