SRC-JLB S.B. 1263 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1263
78R5139 MI-FBy: Armbrister
Natural Resources
4/17/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1263 provides that the Texas Commission on Environmental
Quality only has to respond to written comments during the notice and
comment process;  clarifies the times that a request for a contested case
hearing is made;  clarifies that the only person who can request a
contested case hearing is a person who has participated in the full
process to that point and is an affected person;  tightens the
requirements for issues that are referred to a contested case in response
to practices that seem to currently allow broad issues to be referred;
clarifies the process in the air law that currently allows an early
request for hearing to stand as a request for a contested case hearing;
and clarifies who can be named parties to a hearing at the State Office of
Administrative Hearings. 

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 Section 5.555(a), Water Code, to require the executive
director, in accordance with procedures provided by the Texas Commission
on Environmental Quality (TCEQ) rule, to file with the chief clerk of TCEQ
a response to each relevant and material public comment on the preliminary
decision filed in writing during the public comment period. 
 
SECTION 2.  Amends Sections 5.556(a), (c), and (d), Water Code, as follows:
 
(a)  Requires a request for reconsideration of the executive director's
decision to be filed with TCEQ after publication of the preliminary
decision during the period provided by TCEQ rule.  Requires a request for
a contested case hearing to be filed with TCEQ after transmittal of the
executive director's response to public comments during the period
provided by TCEQ rule. 
 
(c)  Prohibits TCEQ from granting a request for a contested case hearing
unless TCEQ determines that the request was filed by an affected person as
defined by Section 5.115 who submitted written comments during the public
comment period. 
 
(d)  Prohibits TCEQ from referring an issue to the State Office of
Administrative Hearings for a hearing unless TCEQ determines certain
issues. 

SECTION 3.  Amends Sections 382.056(b), (g), (h), (i), (l), (m), and (n),
Health and Safety Code, as follows: 
 
 (b)  Requires the notice to include certain information.

(g)  Requires the applicant to publish notice of the preliminary decision
in a newspaper and the commission to seek public comment on the
preliminary decision in accordance with the procedures provided by
Subsections (i)-(n), if, in response to the notice published under
Subsection (a) for a permit or permit amendment under Section 382.0518 or
a permit renewal review under Section 382.055, a person files a request
during the  period provided by TCEQ rule that TCEQ initiate the public
participation process, rather than hold a public hearing, and the request
is not withdrawn before the date the preliminary decision is issued.
Prohibits, however, TCEQ from seeking further public comment or hold a
public hearing in response to a request for initiation of the public
participation process on an amendment, modification, or renewal that would
not result in an increase in allowable emissions and would not result in
the emission of an air contaminant not previously emitted. 
 
 (h)  Requires TCEQ to consider the request under the procedures provided
by Section  
382.0561 and not under the procedures provided by Subsections (i)-(n), if,
in response to the notice published under Subsection (a) for a permit
under Section 382.054, a person requests during the public comment period
provided by TCEQ rule that TCEQ initiate the public participation process,
rather than a hearing. 

(i)  Requires TCEQ by rule to establish the form and content of the notice
of preliminary decision under Subsection (g), the manner of publication,
and the duration of the public comment period.  Requires the notice to
include certain information. 

(l)  Requires the executive director, in accordance with procedures
adopted by TCEQ by rule, to file with the chief clerk of TCEQ a response
to each relevant and material public comment on the preliminary decision
filed in writing during the public comment period. 
 
(m)  Requires the chief clerk of TCEQ to transmit the executive director's
decision, the executive director's response to public comments, and
instructions for requesting that TCEQ reconsider the executive director's
decision or hold a contested case hearing to certain persons. 

(n)  Requires TCEQ, except as provided by Section 382.0561, to consider a
request that TCEQ reconsider the executive director's decision or hold a
contested case, rather than public, hearing in accordance with the
procedures provided by Sections 5.556 and 5.557, Water Code. 
 
SECTION 4.  Amends Section 2003.047, Government Code, by adding Subsection
(p) to authorize the administrative law judge, in designating parties to a
hearing on a permit application, to name as parties only the executive
director, the office of public interest counsel, the permit applicant, and
other persons whose hearing requests have been granted by TCEQ and whose
issues have been referred by TCEQ for a contested case hearing.
Authorizes the executive director to participate in a contested case
hearing only to the extent described in Section 5.228, Water Code. 
 
SECTION 5.  (a)  Effective date:  September 1, 2003.
 
 (b)  Makes application of this Act prospective.