1-1     By:  Kuempel (Senate Sponsor - Brown)                 H.B. No. 1298

 1-2           (In the Senate - Received from the House April 16, 1997;

 1-3     April 18, 1997, read first time and referred to Committee on

 1-4     Natural Resources; May 1, 1997, reported favorably by the following

 1-5     vote:  Yeas 8, Nays 0; May 1, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the delegation of duties of the Texas Natural Resource

 1-9     Conservation Commission and its executive director.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Sections 5.122(b) and (c), Water Code, are

1-12     amended to read as follows:

1-13           (b)  A person affected by an action the executive director

1-14     takes on a matter delegated under this section may appeal the

1-15     executive director's action to the commission unless the action is

1-16     a decision:

1-17                 (1)  regarding a federal operating permit under

1-18     Subchapter C, Chapter 382 [Sections 382.051 through 382.055 or

1-19     382.059], Health and  Safety Code; or

1-20                 (2)  specified as final and appealable by the

1-21     commission rule that delegates the decision to the executive

1-22     director.

1-23           (c)  A person affected by a decision of the executive

1-24     director on a matter delegated under this section that regards a

1-25     federal operating permit under Subchapter C, Chapter 382 [Sections

1-26     382.051 through 382.055 or 382.059], Health and Safety Code, may:

1-27                 (1)  petition the administrator of the United States

1-28     Environmental Protection Agency in accordance with rules adopted

1-29     under Section 382.0563, Health and Safety Code; or

1-30                 (2)  file a petition for judicial review under Section

1-31     382.032, Health and Safety Code.

1-32           SECTION 2.  Subchapter F, Chapter 5, Water Code, is amended

1-33     by adding Section 5.238 to read as follows:

1-34           Sec. 5.238.  DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR

1-35     DUTY.  The executive director may delegate to the executive

1-36     director's staff any authority or duty assigned to the executive

1-37     director unless the statute, rule, or order assigning or delegating

1-38     the authority or duty specifies otherwise.

1-39           SECTION 3.  The importance of this legislation and the

1-40     crowded condition of the calendars in both houses create an

1-41     emergency and an imperative public necessity that the

1-42     constitutional rule requiring bills to be read on three several

1-43     days in each house be suspended, and this rule is hereby suspended,

1-44     and that this Act take effect and be in force from and after its

1-45     passage, and it is so enacted.

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