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.