SRC-ARR S.B. 1788 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1788
By: Bivins
Natural Resources
3/29/1999
As Filed


DIGEST 

The Texas Natural Resource Conservation Commission's (commission) decisions
to exercise its authority under  Section 5.115, Water Code, have recently
been reversed by the Travis County District Court. One of the reversals was
based on the court's disagreement with the commission's decision that a
hearing request was not "reasonable." Another was based upon the court's
belief that the legislation's use of the term "competent evidence" required
a contested case hearing to make the reasonableness determination. S.B.
1788 regulates persons entitled to a contested case hearing before the
Texas Natural Resource Conservation Commission. 

PURPOSE

As proposed, S.B. 1788 regulates persons entitled to a contested case
hearing before the Texas Natural Resource Conservation Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.115, Water Code, by amending Subsection (a), to
require the Texas Natural Resource Conservation Commission (commission) to
make a determination based on the person's request for hearing, the
executive director's review of the application, and the rules adopted
pursuant to this subsection, rather than is not required to hold a hearing
if the commission determines that the basis of a person's request for a
hearing as an affected person is not reasonable or is not supported by
competent evidence. Provides that  the commission is not required to hold
an evidentiary hearing to make this determination.  

SECTION 2. Amends Section 382.056, Health and Safety Code, by amending
Subsection (d), to prohibit the commission from granting a request for a
hearing on a permit amendment, modification, or renewal that would not
result in an increase in allowable emissions and would not result in the
emission of an air contaminant not previously emitted. Makes conforming
changes. 

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