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                                  * * * * *