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.