By Brown                                        S.B. No. 1223

      75R3440 JJT-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the delegation of duties of the Texas Natural Resource

 1-3     Conservation Commission and its executive director.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 5.122(b) and (c), Water Code, are

 1-6     amended to read as follows:

 1-7           (b)  A person affected by an action the executive director

 1-8     takes on a matter delegated under this section may appeal the

 1-9     executive director's action to the commission unless the action is

1-10     a decision:

1-11                 (1)  regarding a federal operating permit under

1-12     Subchapter C, Chapter 382 [Sections 382.051 through 382.055 or

1-13     382.059], Health and  Safety Code; or

1-14                 (2)  specified as final and appealable by the

1-15     commission rule that delegates the decision to the executive

1-16     director.

1-17           (c)  A person affected by a decision of the executive

1-18     director on a matter delegated under this section that regards a

1-19     federal operating permit under Subchapter C, Chapter 382 [Sections

1-20     382.051 through 382.055 or 382.059], Health and Safety Code, may:

1-21                 (1)  petition the administrator of the United States

1-22     Environmental Protection Agency in accordance with rules adopted

1-23     under Section 382.0563, Health and Safety Code; or

1-24                 (2)  file a petition for judicial review under Section

 2-1     382.032, Health and Safety Code.

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

 2-3     by adding Section 5.238 to read as follows:

 2-4           Sec. 5.238.  DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR

 2-5     DUTY.  The executive director may delegate to the executive

 2-6     director's staff any authority or duty assigned to the executive

 2-7     director unless the statute, rule, or order assigning or delegating

 2-8     the authority or duty specifies otherwise.

 2-9           SECTION 3.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended,

2-14     and that this Act take effect and be in force from and after its

2-15     passage, and it is so enacted.