SRC-JLB, EPT S.B. 1235 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1235
78R6234 SMH-FBy: Williams
Natural Resources
4/5/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1235 clarifies that a contested case hearing request
regarding an application for an environmental permit must be supported by
the identification of specific technical disputes as to the facts
supporting the application or draft permit.  S.B. 1235 also states that
the Texas Commission on Environmental Quality may only address hearing
requests that are filed in response to the executive director's Response
to Comments.  Such requests would require the identification of specific
technical issues that remain after the executive director has considered
the public comments and previously identified factual issues.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 5.556 (a) and (d), Water Code, as follows:  

(a)  Authorizes person to file with the Texas Commission on Environmental
Quality (TCEQ) a request  for a contested case hearing only after
transmittal of the executive director's response to public comments. 

(d)  Prohibits TCEQ from referring an issue to the State Office of
Administrative Hearings for a hearing unless TCEQ determines that the
issue meets certain requirements. 

SECTION 2.  (a)  Effective date:  September 1, 2003.

 (b)  Makes application of this Act prospective.