By: Armbrister S.B. No. 1071
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contested case hearings regarding applications for
1-3 certain environmental permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter M, Chapter 5, Water Code, as added by
1-6 Section 2, Chapter 1350, Acts of the 76th Legislature, Regular
1-7 Session, 1999, is amended by adding Section 5.557 to read as
1-8 follows:
1-9 Sec. 5.557. DIRECT REFERRAL TO CONTESTED CASE HEARING.
1-10 (a) After the executive director issues a preliminary decision on
1-11 an application under Section 5.553, the commission or the general
1-12 counsel, on the request of the applicant, shall refer the
1-13 application directly to the State Office of Administrative Hearings
1-14 for a contested case hearing on whether the application complies
1-15 with all applicable statutory and regulatory requirements.
1-16 (b) Sections 5.555 and 5.556 of this code and Sections
1-17 2003.047(e) and (f), Government Code, do not apply to an
1-18 application referred for a hearing under Subsection (a).
1-19 (c) Notwithstanding Subsection (b), the commission by rule
1-20 shall provide for public comment and the executive director's
1-21 response to public comment to be entered into the administrative
1-22 record of decision on an application for a permit under a delegated
1-23 or authorized federal program if the comment and response are
1-24 required for permit decisions under that program.
1-25 SECTION 2. Subsection (n), Section 382.056, Health and
2-1 Safety Code, is amended to read as follows:
2-2 (n) Except as provided by Section 382.0561, the commission
2-3 shall consider a request that the commission reconsider the
2-4 executive director's decision or hold a public hearing in
2-5 accordance with the procedures provided by Sections [Section] 5.556
2-6 and 5.557, Water Code.
2-7 SECTION 3. The Texas Natural Resource Conservation
2-8 Commission shall adopt rules to implement Section 5.557, Water
2-9 Code, as added by this Act, and Subsection (n), Section 382.056,
2-10 Health and Safety Code, as amended by this Act, as soon as is
2-11 necessary for the rules to take effect on or before January 1,
2-12 2002.
2-13 SECTION 4. This Act takes effect immediately if it receives
2-14 a vote of two-thirds of all the members elected to each house, as
2-15 provided by Section 39, Article III, Texas Constitution. If this
2-16 Act does not receive the vote necessary for immediate effect, this
2-17 Act takes effect September 1, 2001.