This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R5813 SMH-F
By: Rodriguez H.B. No. 1299
A BILL TO BE ENTITLED
AN ACT
relating to the delegation of authority to the executive director
or staff of the Texas Commission on Environmental Quality and to the
appeal of actions of the executive director or staff.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 5.122 and 5.222, Water Code, are
amended to read as follows:
Sec. 5.122. DELEGATION OF UNCONTESTED MATTERS TO EXECUTIVE
DIRECTOR; APPEAL OF EXECUTIVE DIRECTOR'S ACTIONS. (a) The
commission by rule or order filed with the chief clerk of the
commission may delegate to the executive director the commission's
authority to act on an application or other request to issue, renew,
reopen, transfer, amend, extend, withdraw, revoke, terminate, or
modify a permit, license, certificate, registration, or other
authorization or approval if:
(1) all required notice of the application or request
for the authorization or approval has been given; and
(2) [the holder of or applicant for the authorization
or approval agrees in writing to the action to be taken by the
executive director; and
[(3)] the application or request:
(A) is subject to Chapter 2001, Government Code,
and:
(i) a hearing has not been requested by an
affected person; or
(ii) a hearing request made by an affected
person has been withdrawn and the affected person has agreed in
writing to the action to be taken by the executive director
[uncontested and does not require an evidentiary hearing]; or
(B) is not subject to Chapter 2001, Government
Code, and:
(i) an objection has not been filed by an
affected person; or
(ii) an objection filed by an affected
person has been withdrawn and the affected person has [become
uncontested because all parties have] agreed in writing to the
action to be taken by the executive director.
(b) A person affected by an action the executive director
takes on a matter delegated under this section or other law or on a
matter with regard to which another law authorizes the executive
director to take action may appeal the executive director's action
to the commission unless the action is a decision:
(1) regarding a federal operating permit under
Subchapter C, Chapter 382, Health and Safety Code; or
(2) specified as final and appealable to a court by the
commission rule that delegates the decision to the executive
director.
(c) A person affected by a decision of the executive
director on a matter delegated under this section that regards a
federal operating permit under Subchapter C, Chapter 382, Health
and Safety Code, may:
(1) petition the administrator of the United States
Environmental Protection Agency in accordance with rules adopted
under Section 382.0563, Health and Safety Code; or
(2) file a petition for judicial review under Section
382.032, Health and Safety Code.
(d) To appeal an action of the executive director to the
commission under Subsection (b), a person must file with the
commission a motion to overturn the executive director's action not
later than the 20th day after the date the action was taken. The
person must provide notice of the motion to:
(1) the executive director; and
(2) the applicant, if any.
(e) The effect of the executive director's action is stayed
until the commission's decision on the motion is final.
(f) Except as provided by Subsection (g), the commission's
decision on a motion to overturn the executive director's action is
final on the earlier of:
(1) the date the commission rules on the motion; or
(2) the 45th day after the date the motion is filed.
(g) The commission may extend the period under Subsection
(f)(2) one or more times as needed to allow more time for
consideration of the motion. If the commission extends the period
for consideration:
(1) the commission shall specify the date by which the
commission will rule on the motion; and
(2) the commission's decision is final on the date the
commission rules on the motion.
(h) The commission must provide notice that the commission
has extended the period for consideration of the motion to:
(1) the person who filed the motion;
(2) the executive director;
(3) any affected person; and
(4) any person who has requested to be on a mailing
list for the matter under consideration.
(i) If the commission does not rule on the motion or extend
the period for consideration of the motion before the period has
expired, the motion is considered denied.
(j) If a motion is filed to overturn the executive
director's action, the period in which an affected person must file
for judicial review under Section 5.351 or another law authorizing
the appeal of a commission decision begins to run on the date the
commission's decision is final under this section. [The
commission's authority under this section is cumulative of the
commission's authority to delegate its powers, duties, or rights
under any other law.]
Sec. 5.222. DELEGATION OF EXECUTIVE DIRECTOR'S AUTHORITY OR
DUTY. (a) The executive director may delegate to the executive
director's staff any authority or duty assigned to the executive
director unless the statute or [,] rule[, or order] assigning or
delegating the authority or duty specifies otherwise.
(b) An action taken by the executive director's staff under
this section is subject to appeal to the commission in the manner
provided by Section 5.122 for the appeal of an action of the
executive director.
SECTION 2. The change in law made by this Act applies to an
action taken by the executive director of the Texas Commission on
Environmental Quality or the executive director's staff on or after
the effective date of this Act. An action taken before the
effective date of this Act is governed by the law in effect at the
time the action was taken, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2005.