1-1 By: Armbrister S.B. No. 1322
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 3, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; May 3, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1322 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to required procedures in contested cases before the Texas
1-11 Natural Resource Conservation Commission involving the issuance,
1-12 amendment, renewal, or revocation of certain permits.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 5.102, Water Code, is amended by adding
1-15 Subsection (c) to read as follows:
1-16 (c) Chapter 2001, Government Code (Administrative Procedure
1-17 Act), shall apply to all commission proceedings except to the
1-18 extent that chapter is inconsistent with any provision of this code
1-19 or other laws administered by the commission.
1-20 SECTION 2. Section 5.103, Water Code, is amended to read as
1-21 follows:
1-22 Sec. 5.103. RULES. (a) The commission shall adopt any
1-23 rules necessary to carry out its powers and duties under this code
1-24 and other laws of this state.
1-25 (b) The commission shall adopt reasonable procedural rules
1-26 to be followed in a commission hearing, provided that any
1-27 commission rule establishing contested case hearing procedures
1-28 applicable to the granting, amendment, or renewal of a license or
1-29 permit under Chapter 361 or 382, Health and Safety Code, or Chapter
1-30 26 or 27 of this code shall comply with the following procedural
1-31 requirements:
1-32 (1) the commission's draft permit and the application,
1-33 as well as any amendments or supplements thereto submitted during
1-34 the hearing, shall be received into the evidentiary record at the
1-35 hearing;
1-36 (2) each factual representation contained in the
1-37 application, including amendments or supplements thereto, to the
1-38 extent not inconsistent with the draft permit and not specifically
1-39 controverted by sworn testimony or other competent evidence, shall
1-40 be deemed to be true and correct;
1-41 (3) any party desiring to challenge the
1-42 appropriateness of any term, condition, or other provision of the
1-43 draft permit shall bear the burdens of production and of persuasion
1-44 with respect to the specific terms, conditions, or provisions at
1-45 issue;
1-46 (4) the draft permit shall be adopted by the
1-47 commission as written unless a party establishes by a preponderance
1-48 of the evidence that the permit should be modified or denied.
1-49 (c) The executive director may recommend to the commission
1-50 for its consideration any rules that he considers necessary.
1-51 (d) <(c)> Rules shall be adopted in the manner provided by
1-52 Chapter 2001, Government Code ( <the> Administrative Procedure <and
1-53 Texas Register> Act <(Article 6252-13a, Vernon's Texas Civil
1-54 Statutes>). As provided by that chapter <Act>, the commission must
1-55 adopt rules when adopting, repealing, or amending any agency
1-56 statement of general applicability that interprets or prescribes
1-57 law or policy or describes the procedure or practice requirements
1-58 of an agency. The commission shall follow its own rules as adopted
1-59 until it changes them in accordance with that chapter <Act>.
1-60 SECTION 3. The Texas Natural Resource Conservation
1-61 Commission shall adopt rules implementing the hearing procedures
1-62 described in Section 5.103, Water Code, as amended by Section 2 of
1-63 this Act within 90 days following the effective date of this Act.
1-64 Such rules shall apply to any application filed pursuant to Chapter
1-65 26 or 27, Water Code, or Chapter 361 or 382, Health and Safety
1-66 Code, which is pending on the effective date of such rules or which
1-67 is filed subsequent to the adoption of such rules.
1-68 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *