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.