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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for action by the Texas Commission on |
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Environmental Quality on an application for a water right. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Water Code, is amended |
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by adding Section 11.1281 to read as follows: |
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Sec. 11.1281. TIME FOR PROCESSING APPLICATIONS FOR PERMITS |
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AND PERMIT AMENDMENTS FOR WATER RIGHTS. (a) In this section: |
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(1) "Administratively complete" means the application |
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includes the information required under Sections 11.124, 11.125, |
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and 11.128 of this code and commission rules. If the application |
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includes an agricultural use, the application must also include the |
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information required by Sections 11.126 and 11.127 of this code. |
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Submission of applicable water conservation and drought |
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contingency plans under Sections 11.1271, 11.1272, and 11.1273 is |
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also required, but the adequacy of these plans is not to be |
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evaluated until the technical review of the application. |
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(2) "Technical review" means the application review |
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process performed after the executive director has determined the |
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application is administratively complete, in which technical |
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material is analyzed and reviewed in order to prepare a draft permit |
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and draft notice based on the technical information associated with |
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the application. |
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(b) Within 30 working days of receipt of an application for |
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a permit or permit amendment by the executive director, the |
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executive director shall review the application and provide to the |
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applicant: |
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(1) written notice that the application is |
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administratively complete; or |
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(2) a written request for information detailing all |
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information that must be provided for the application to be |
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administratively complete. |
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(c) The applicant has 30 days to submit a response to a |
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request for information. Upon receipt of a timely response, within |
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30 working days the executive director shall review the response |
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and provide the applicant: |
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(1) written notice that the application is |
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administratively complete; or |
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(2) a written request for information detailing all |
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information that must be provided for the application to be deemed |
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administratively complete. |
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(d) For good cause, an applicant may request additional time |
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to respond to a request for information and the Commission shall |
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grant such request. The time periods specified in subsection (e) |
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for determining the application to be administratively complete |
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shall be abated for the additional period of time authorized by the |
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Commission. |
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(e) If an application has not been deemed administratively |
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complete within 180 days of receipt of an application by the |
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executive director, the executive director shall return the |
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application, return all fees, and provide the applicant with a list |
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of all deficiencies with the application. The applicant is entitled |
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to appeal the return of the application and dispute the application |
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deficiencies in a hearing before the commission. The commission |
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will review the application, rule on the issues presented at the |
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hearing, and issue an order: |
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(1) returning the application, unless the applicant, |
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within 30 days, or within an additional time period requested by the |
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applicant and granted by the commission, provides the additional |
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information the commission has determined is required to make the |
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application administratively complete; or |
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(2) declaring that the application is |
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administratively complete with a time schedule for conducting the |
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technical review of the application. |
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(f) After an application is determined by the executive |
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director to be administratively complete, the executive director |
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shall commence a technical review of the application as necessary |
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and appropriate. The technical review will continue for a period of |
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time not to exceed 180 days. |
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(g) During any time within the 180 day technical review |
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period, if the executive director determines that additional |
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technical information is required from the applicant, the executive |
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director shall provide to the applicant a written request for such |
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additional technical information. |
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(h) The applicant has 30 days to submit a response to a |
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request for technical information. Within 60 days following an |
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applicant's timely response, the executive director shall review |
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the response and provide the applicant: |
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(1) the draft permit, draft notice, and technical |
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memoranda associated with the application and written notice that |
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the technical review is complete; or |
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(2) written notice that the response to request for |
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technical information was not adequate. |
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(i) (1) For good cause, an applicant may request additional |
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time to respond to a request for technical information and the |
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Commission shall grant such request. The time periods specified |
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herein for the technical review of the application shall be abated |
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for the additional period of time authorized by the Commission. |
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(2) For good cause, the executive director may, with |
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notice to the applicant, extend the time to complete the technical |
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review for 30 days. The executive director may not extend the time |
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to complete the technical review more than three times. The time |
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period specified herein for the commission's technical review of |
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the application shall be abated for the additional period of time. |
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(j) At the conclusion of the technical review period, the |
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executive director shall provide the applicant with the draft |
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permit, draft notice, and technical memoranda associated with the |
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application and written notice that the technical review is |
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complete. |
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(k) If a response to a request for technical information is |
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deemed not adequate by the executive director, the applicant and |
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the executive director will have 180 days to collaborate in good |
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faith efforts to resolve the inadequacy. If the executive director |
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determines that the application is still inadequate at the end of |
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this time period, the executive director shall return the |
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application, return all fees, and provide the applicant with a list |
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of all deficiencies with the application. The applicant is entitled |
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to appeal the return of the application and dispute the application |
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deficiencies in a hearing before the commission. The commission |
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will review the application, rule on the issues presented at the |
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hearing, and issue an order: |
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(1) returning the application, unless the applicant, |
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within 30 days, or within an additional time period requested by the |
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applicant and granted by the commission, provides the additional |
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information the commission has determined is required to complete |
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the technical review; or |
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(2) requiring the executive director to prepare the |
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draft permit, draft notice, and technical memoranda associated with |
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the application and written notice that the technical review is |
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complete. |
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(l) Not later than 14 days after receipt of the draft |
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permit, draft notice, and technical memoranda associated with the |
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application, the applicant shall provide to the executive director: |
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(1) the applicant's comments to the draft permit, |
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draft notice, and technical memoranda associated with the |
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application; or |
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(2) a statement that indicates that the applicant has |
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no comments. |
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(m) For good cause, an applicant may request additional time |
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to provide comments to the draft permit, draft notice, and |
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technical memoranda, and the Commission shall grant such request. |
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The time periods specified herein for processing the application |
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shall be abated for the additional period of time authorized by the |
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Commission. |
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(n) The executive director shall file the draft permit, |
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draft notice, and technical memoranda with the chief clerk of the |
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commission: |
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(1) after 14 days if the applicant submits comments, |
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during which time the executive director and the applicant shall |
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collaborate to address the comments; or |
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(2) immediately upon receipt of a statement by the |
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applicant that there are no comments to the draft permit, draft |
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notice, and technical memoranda associated with the application. |
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(o) Notwithstanding the provisions within subsections (a) |
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through (n) of this section, if the executive director is in receipt |
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of an application for which it makes a written determination that |
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published and mailed notice is not required, the executive director |
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shall grant or deny the application within a total time period not |
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to exceed 300 days following the receipt of the application. The 300 |
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day time period shall not include additional time requested by the |
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applicant for responding to requests for information. |
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SECTION 2. Section 11.133, Water Code, is amended to read as |
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follows: |
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Sec. 11.133. HEARING. (a) At the time and place stated in |
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the notice, the commission shall hold a hearing on the application. |
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Any person may appear at the hearing in person or by attorney or may |
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enter his appearance in writing. Any person who appears may present |
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objection to the issuance of the permit. The commission may receive |
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evidence, orally or by affidavit, in support of or in opposition to |
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the issuance of the permit, and it may hear arguments. |
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(b) If the commission determines that a public hearing must |
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be held pursuant to Section 11.132, it shall: |
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(1) limit the number and scope of issues to be referred |
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to the State Office of Administrative Hearings for a hearing; and |
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(2) consistent with the nature and number of issues to |
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be considered at the hearing, specify the maximum expected duration |
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of the hearing. |
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(c) The commission may not refer an issue to the State |
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Office of Administrative Hearings for a hearing unless the |
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commission determines that the issue: |
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(1) involves a disputed question of fact; and |
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(2) is relevant and material to the decision on the |
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application. |
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(d) Once an application has been declared administratively |
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complete by the commission pursuant to Section 11.129 of this |
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Chapter and has become the subject of a hearing: |
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(1) the commission may not revoke the determination |
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that an application is administratively or technically complete; |
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(2) the commission may request additional information |
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from the applicant only if the information is necessary to clarify, |
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modify, or supplement previously submitted material; and |
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(3) a request for additional information does not |
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render the application incomplete. |
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(e) In a hearing on an application pursuant to this Chapter |
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that is referred to the State Office of Administrative Hearings, an |
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administrative law judge may not grant party status to a person |
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that: |
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(1) was denied party status by the commission prior to |
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referral; or |
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(2) failed to timely seek party status at the |
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commission. |
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(f) This provisions of this section shall supersede any |
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conflicting provisions of law currently in effect. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for a permit filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. An |
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application filed before the effective date of this Act is governed |
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by the law in effect on the date the application was filed, and the |
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prior law is continued in effect for that purpose. |
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SECTION 4. 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, 2013. |