By:  Williams                                                     S.B. No. 1235
	(In the Senate - Filed March 12, 2003; March 19, 2003, read 
first time and referred to Committee on Natural Resources; 
April 22, 2003, reported favorably by the following vote:  Yeas 9, 
Nays 1; April 22, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to contested case hearings regarding applications for 
certain environmental permits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (a) and (d), Section 5.556, Water 
Code, are amended to read as follows:
	(a)  A person may request that the commission reconsider the 
executive director's decision or hold a contested case hearing.  A 
request must be filed with the commission during the period 
provided by commission rule.  A person may file with the commission 
a request for a contested case hearing only after transmittal of the 
executive director's response to public comments.
	(d)  The commission may not refer an issue to the State 
Office of Administrative Hearings for a hearing unless the 
commission determines that the issue:
		(1)  involves a disputed question of fact;                                    
		(2)  was raised during the public comment period; [and]      
		(3)  is relevant and material to the decision on the 
application;    
		(4)  is a specified, identified, technical dispute 
regarding the facts concerning the application or a draft permit 
rather than an expression of generalized public health or 
environmental concerns or objections; and
		(5)  remains unresolved following the executive 
director's technical review of, and consideration of public 
comments on, the application.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by this Act apply only to an 
application for a permit, permit amendment, or permit renewal that 
is filed with the Texas Commission on Environmental Quality on or 
after the effective date of this Act.  An application for a permit, 
permit amendment, or permit renewal that is filed with the 
commission before the effective date of this Act is governed by the 
law in effect on the date the application is filed, and that law is 
continued in effect for that purpose.



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