By Armbrister S.B. No. 1071
77R6066 JJT-D
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. (a)
1-10 Immediately after the executive director issues a preliminary
1-11 decision on an application under Section 5.553, the commission, on
1-12 the request of the applicant, shall refer the application directly
1-13 to the State Office of Administrative Hearings for a contested case
1-14 hearing on whether the application complies with all applicable
1-15 statutory and regulatory requirements.
1-16 (b) Sections 5.554-5.556 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 federal program if the comment and response are required for permit
1-24 decisions under the delegated program.
2-1 SECTION 2. Section 382.056(n), Health and Safety Code, is
2-2 amended to read as follows:
2-3 (n) Except as provided by Section 382.0561, the commission
2-4 shall consider a request that the commission reconsider the
2-5 executive director's decision or hold a public hearing in
2-6 accordance with the procedures provided by Sections [Section] 5.556
2-7 and 5.557, Water Code.
2-8 SECTION 3. The Texas Natural Resource Conservation
2-9 Commission shall adopt rules to implement Section 5.557, Water
2-10 Code, as added by this Act, and Section 382.056(n), Health and
2-11 Safety Code, as amended by this Act, as soon as is necessary for
2-12 the rules to take effect on or before January 1, 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.