77R12777 QS-F                           
         By Puente                                             H.B. No. 3535
         Substitute the following for H.B. No. 3535:
         By Counts                                         C.S.H.B. No. 3535
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to rulemaking procedures for the Edwards Aquifer
 1-3     Authority.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 626, Acts of the 73rd Legislature, Regular
 1-6     Session, 1993, is amended by adding Section 1.115 to read as
 1-7     follows:
 1-8           Sec. 1.115.  RULEMAKING PROCEDURES. (a)  The authority shall
 1-9     comply with the procedures provided by this section in adopting
1-10     rules.
1-11           (b)  The authority shall provide notice of a proposed rule to
1-12     all applicants and permit holders.  The authority shall publish in
1-13     a newspaper of general circulation within the boundaries of the
1-14     authority notice of a public hearing on a proposed rule at least 14
1-15     days before the date of the public hearing on the rule.  The notice
1-16     must include:
1-17                 (1)  the date, time, and place of the public hearing;
1-18                 (2)  a statement of the general subject matter of the
1-19     proposed rule;
1-20                 (3)  the procedures for obtaining copies of the
1-21     proposed rule and for submitting comments; and
1-22                 (4)  the deadline for submitting comments.
1-23           (c)  The board shall allow at least 45 days for comment on a
1-24     proposed rule, other than an emergency rule, before the board
 2-1     adopts the rule.  The board shall consider all written comments and
 2-2     shall, in the order adopting the rule, state the reasons and
 2-3     justification for the rule and the authority's responses to the
 2-4     written comments.
 2-5           (d)  The meeting at which a proposed rule is adopted as a
 2-6     final rule must be an open meeting, and the public must be allowed
 2-7     to make comments on the proposed rule and the agency responses.  A
 2-8     proposed rule becomes final and effective on the 10th day after the
 2-9     date the rule is adopted by the board.
2-10           (e)  Notwithstanding Subsections (b)-(d) of this section, the
2-11     board may adopt emergency rules to prevent imminent harm to human
2-12     health, safety, or welfare, or if compliance with the procedures
2-13     provided in Subsections (b)-(d) would prevent an effective response
2-14     to emergency aquifer or springflow conditions.  The board may adopt
2-15     emergency rules at an emergency meeting called for that purpose.
2-16     Emergency rules are effective immediately on adoption for a period
2-17     of 120 days and may be renewed once for not more than 60 days.
2-18           (f)  Subsections (b)-(d) of this section do not apply to the
2-19     adoption of bylaws or internal procedures of the board and
2-20     authority.
2-21           SECTION 2. Section 1.15, Chapter 626, Acts of the 73rd
2-22     Legislature, Regular Session, 1993, is amended by adding
2-23     Subsections (e) and (f) to read as follows:
2-24           (e)  The authority shall conduct a contested case hearing on
2-25     a permit application if a person with a personal justiciable
2-26     interest related to the application requests a hearing on the
2-27     application.
 3-1           (f)  The authority shall adopt rules establishing procedures
 3-2     for contested case hearings consistent with Subchapters C, D, and
 3-3     F, Chapter 2001, Government Code.
 3-4           SECTION 3. Sections 1.11(h) and 1.41(e), Chapter 626, Acts of
 3-5     the 73rd Legislature, Regular Session, 1993, are repealed.
 3-6           SECTION 4. A rule adopted by the Edwards Aquifer Authority
 3-7     before the effective date of this Act remains in effect until
 3-8     repealed, amended, or readopted.
 3-9           SECTION 5. The rules in 31 Texas Administrative Code Part 20
3-10     have no effect.  Notwithstanding any other law, the secretary of
3-11     state shall delete 31 Texas Administrative Code Part 20 from the
3-12     Texas Administrative Code as if the rules included in that part
3-13     were repealed.
3-14           SECTION 6.  This Act takes effect immediately if it receives
3-15     a vote of two-thirds of all the members elected to each house, as
3-16     provided by Section 39, Article III, Texas Constitution.  If this
3-17     Act does not receive the vote necessary for immediate effect, this
3-18     Act takes effect September 1, 2001.