1-1 By: Armbrister S.B. No. 1071
1-2 (In the Senate - Filed March 2, 2001; March 6, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 15, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 15, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1071 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to contested case hearings regarding applications for
1-11 certain environmental permits.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter M, Chapter 5, Water Code, as added by
1-14 Section 2, Chapter 1350, Acts of the 76th Legislature, Regular
1-15 Session, 1999, is amended by adding Section 5.557 to read as
1-16 follows:
1-17 Sec. 5.557. DIRECT REFERRAL TO CONTESTED CASE HEARING.
1-18 (a) After the executive director issues a preliminary decision on
1-19 an application under Section 5.553, the commission or the general
1-20 counsel, on the request of the applicant, shall refer the
1-21 application directly to the State Office of Administrative Hearings
1-22 for a contested case hearing on whether the application complies
1-23 with all applicable statutory and regulatory requirements.
1-24 (b) Sections 5.555 and 5.556 of this code and Sections
1-25 2003.047(e) and (f), Government Code, do not apply to an
1-26 application referred for a hearing under Subsection (a).
1-27 (c) Notwithstanding Subsection (b), the commission by rule
1-28 shall provide for public comment and the executive director's
1-29 response to public comment to be entered into the administrative
1-30 record of decision on an application for a permit under a delegated
1-31 or authorized federal program if the comment and response are
1-32 required for permit decisions under that program.
1-33 SECTION 2. Subsection (n), Section 382.056, Health and
1-34 Safety Code, is amended to read as follows:
1-35 (n) Except as provided by Section 382.0561, the commission
1-36 shall consider a request that the commission reconsider the
1-37 executive director's decision or hold a public hearing in
1-38 accordance with the procedures provided by Sections [Section] 5.556
1-39 and 5.557, Water Code.
1-40 SECTION 3. The Texas Natural Resource Conservation
1-41 Commission shall adopt rules to implement Section 5.557, Water
1-42 Code, as added by this Act, and Subsection (n), Section 382.056,
1-43 Health and Safety Code, as amended by this Act, as soon as is
1-44 necessary for the rules to take effect on or before January 1,
1-45 2002.
1-46 SECTION 4. This Act takes effect immediately if it receives
1-47 a vote of two-thirds of all the members elected to each house, as
1-48 provided by Section 39, Article III, Texas Constitution. If this
1-49 Act does not receive the vote necessary for immediate effect, this
1-50 Act takes effect September 1, 2001.
1-51 * * * * *