Amend SB 688 by adding a new SECTION 3, SECTION 4, and
SECTION 5 on page 4, between lines 22 and 23 to read as follows and
renumbering the remaining SECTION appropriately:
      SECTION 3. Subchapter M, Chapter 5, Water Code, is amended by
adding Section 5.557 to read as follows:
      Sec. 5.557.  DIRECT REFERRAL TO CONTESTED CASE HEARING. (a)
Immediately after the executive director issues a preliminary
decision on an application under Section 5.553, the commission, on
the request of the applicant or the executive director, shall refer
the application directly to the State Office of Administrative
Hearings for a contested case hearing on whether the application
complies with all applicable statutory and regulatory requirements.
      (b)  Sections 5.554-5.556 of this code and Sections
2003.047(e) and (f), Government Code, do not apply to an
application referred for a hearing under Subsection (a).
      (c)  Notwithstanding Subsection (b), the commission by rule
shall provide for public comment and the executive director's
response to public comment to be entered into the administrative
record of decision on an application.
      SECTION 4. Section 382.056(n), Health and Safety Code, is
amended to read as follows:
      (n)  Except as provided by Section 382.0561, the commission
shall consider a request that the commission reconsider the
executive director's decision or hold a public hearing in
accordance with the procedures provided by Sections <Section> 5.556
and 5.557, Water Code.
      SECTION 5. The Texas Natural Resource Conservation Commission
shall adopt rules to implement Section 5.557, Water Code, as added
by this Act, and Section 382.056(n), Health and Safety Code, as
amended by this Act, as soon as is necessary for the rules to take
effect on or before January 1, 2002.