BILL ANALYSIS

H.B. 3163

By: Hancock

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Mine operators undergo a contested case hearing as part of the Texas Commission on Environmental Quality mine permit application process in order to obtain a mine permit, aquifer exemption, and an initial production area authorization. To obtain a subsequent production area authorization, an operator must undergo an additional contested case hearing, an unnecessary and redundant process that places a burden on the company and the state.

H.B. 3163 seeks to ease this burden by eliminating the contested case hearing requirement for additional production area authorizations. The bill would not eliminate the opportunity for public comment; it would merely streamline the process for obtaining additional authorizations. Removing this barrier will strengthen a growing industry which provides high paying jobs to Texans.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3163 amends the Water Code, in a provision making an application for an authorization submitted after a certain date an uncontested matter not subject to a contested case hearing, to remove an exception for an authorization that seeks an amendment to a restoration table, the initial establishment of monitoring wells for any area covered by the authorization, or an amendment to the type or amount of bond required for groundwater restoration. The bill makes a conforming change.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.