SRC-AAA H.B. 1298 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1298
By: Kuempel (Brown)
Natural Resources
4-29-97
Engrossed


DIGEST 

The 74th Legislature authorized the Texas Natural Resource Conservation
Commission (TNRCC) to delegate authority to its executive director on
applications, renewals, or other actions relating to permits,
registrations, licenses or other authorizations under certain conditions.
It has been unclear to some whether the executive director can in turn
delegate some of that authority to the staff.                             
The legislature also specified that the decisions of the executive
director could be appealed to the TNRCC, except for decisions relating to
federal operating permits under the federal Clean Air Act. There is some
confusion as to when to appeal to the commission, and when  to appeal
directly to district court.  H.B. 1298 authorizes TNRCC to remove some
decisions of the executive director from TNRCC review and render those
decisions final and appealable to district court, and clarifies that the
executive director may delegate authority to his staff.
                                                                          
PURPOSE

As proposed, H.B. 1298 authorizes the Texas Natural Resource Conservation
Commission (TNRCC) to remove some decisions of the executive director from
TNRCC review and render those decisions final and appealable to district
court, and clarifies that the executive director may delegate authority to
the staff.                   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 5.122(b)(2), Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 5.122(b) and (c), Water Code, to authorize an
appeal for a decision regarding a permit under Chapter 382C or decisions
specified as final and appealable by the Texas Natural Resource
Conservation Commission (TNRCC) rule that delegates the decision to the
executive director of TNRCC (executive director).  Makes a conforming
change.  

SECTION 2. Amends Chapter 5F, Water Code, by adding Section 5.238, as
follows: 

Sec. 5.238. DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR DUTY.
Authorizes the executive director to delegate certain duties, unless
specified otherwise. 

SECTION 3. Emergency clause.
  Effective date: upon passage.