ACG H.B. 1298 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
H.B. 1298
By: Kuempel
3-4-97
Committee Report (Unamended)

BACKGROUND 

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 his staff. 

The legislature also specified that the decisions of the executive
director could be appealed to the commission, 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. 

PURPOSE

HB 1298 will authorize the commission to remove some decisions of the
executive director from commission review and render those decisions final
and appealable to district court.  This measure also clarifies that the
executive director may delegate authority to his staff. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.122, Water Code, as follows:
 Section 5.122(b)  Updates a referenced Health and Safety Code citation.
Adds a stipulation that appeal of a decision made by the executive
director may be made to the commission unless the action is a decision
specified as final and appealable by commission rule. 
 Section 5.122(c)  Updates a referenced Health and Safety Code citation.

SECTION 2. Amends Subchapter F, Chapter 5, Water Code by adding Section
5.238 which allows the executive director to delegate to the executive
director's staff any authority or duty assigned to the executive director
unless there is a statute, rule, or order otherwise. 

SECTION 3. Emergency clause.