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A BILL TO BE ENTITLED
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AN ACT
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relating to permit application and amendment hearings conducted by |
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groundwater conservation districts and the State Office of |
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Administrative Hearings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 36.406(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) A hearing must be conducted by: |
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(1) a quorum of the board; [or] |
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(2) an individual to whom the board has delegated in |
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writing the responsibility to preside as a hearings examiner over |
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the hearing or matters related to the hearing; or |
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(3) the State Office of Administrative Hearings under |
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Section 36.416. |
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(b) Except as provided by Subsection (c) or Section 36.416, |
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the board president or the hearings examiner shall serve as the |
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presiding officer at the hearing. |
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SECTION 2. Section 36.416, Water Code, is amended to read as |
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follows: |
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Sec. 36.416. HEARINGS CONDUCTED BY STATE OFFICE OF |
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ADMINISTRATIVE HEARINGS; RULES. (a) If a district contracts with |
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the State Office of Administrative Hearings to conduct a hearing, |
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the hearing shall be conducted as provided by Subchapters C, D, and |
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F, Chapter 2001, Government Code. The district shall adopt rules |
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for a hearing conducted under this section that are consistent with |
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the procedural rules of the State Office of Administrative |
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Hearings. |
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(b) If requested by the applicant or other party to a |
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contested case, a district shall contract with the State Office of |
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Administrative Hearings to conduct the hearing. If the district |
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does not prescribe a contract deadline by rule, the district shall |
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contract with the office not later than the 14th day before the date |
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the hearing is scheduled to begin. The hearing must be held in |
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Travis County or at a location described by Section 36.403(c). The |
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district shall choose the location. |
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(c) The party requesting the hearing shall pay all costs |
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associated with the contract for the hearing and shall deposit with |
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the district an amount sufficient to pay the contract amount before |
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the hearing begins. At the conclusion of the hearing, the district |
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shall refund any excess money to the paying party. All other costs |
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may be assessed as authorized by this chapter or district rules. |
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SECTION 3. Subchapter M, Chapter 36, Water Code, is amended |
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by adding Section 36.4165 to read as follows: |
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Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS. |
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Consistent with Section 2001.058, Government Code, the board has |
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the authority to make a final decision on a permit application or |
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amendment after a contested case hearing on consideration of a |
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proposal for decision issued by an administrative law judge. |
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SECTION 4. The heading to Section 36.418, Water Code, is |
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amended to read as follows: |
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Sec. 36.418. RULES; CONTESTED CASE HEARINGS; APPLICABILITY |
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OF ADMINISTRATIVE PROCEDURE ACT. |
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SECTION 5. Section 36.418, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by this section and Sections |
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[Section] 36.416 and 36.4165, Chapter 2001, Government Code, does |
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not apply to a hearing under this subchapter. |
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(c) The district shall adopt rules to: |
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(1) establish a procedure for a preliminary or other |
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type of hearing; |
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(2) allow the presiding officer, at a preliminary |
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hearing by the district and before a referral of the case to the |
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State Office of Administrative Hearings, to determine a party's |
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right to participate in a hearing according to Section |
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36.415(b)(2); and |
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(3) set a deadline for a party to file a request to |
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refer a contested case to the State Office of Administrative |
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Hearings under Section 36.416. |
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SECTION 6. The change in law made by this Act applies only |
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to a permit or permit amendment application determined to be |
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administratively complete on or after the effective date of this |
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Act. A permit or permit amendment application determined to be |
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administratively complete before the effective date of this Act is |
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governed by the law in effect at the time the application was |
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determined to be administratively complete, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |