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A BILL TO BE ENTITLED
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AN ACT
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relating to presumptions in contested case hearings regarding |
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certain environmental permit applications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.047, Government Code, is amended by |
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adding Subsections (i-1), (i-2), and (i-3) to read as follows: |
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(i-1) In a contested case regarding a permit application, |
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the filing with the office of the draft permit prepared by the |
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executive director of the commission, the preliminary decision |
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issued by the executive director, and other supporting |
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documentation in the administrative record of the permit |
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application establishes a prima facie presumption that: |
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(1) the permit application meets all state and federal |
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legal and technical requirements; and |
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(2) a permit, if issued consistent with the draft |
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permit, would protect human health and safety and the environment. |
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(i-2) A party may rebut a presumption established under |
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Subsection (i-1) by establishing by a preponderance of the evidence |
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that: |
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(1) the draft permit violates a specific state or |
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federal legal or technical requirement; or |
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(2) the applicant, before the issuance of the draft |
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permit, intentionally withheld or misrepresented information |
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relevant to the permit application that, if known, would likely |
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have resulted in the denial of the application. |
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(i-3) If in accordance with Subsection (i-2) a party rebuts |
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a presumption established under Subsection (i-1), the applicant may |
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present additional evidence to support the draft permit. |
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SECTION 2. The changes in law made by this Act apply only to |
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an administrative hearing that is set by the State Office of |
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Administrative Hearings on or after the effective date of this Act. |
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A hearing set before the effective date of this Act, or any decision |
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issued or appeal from the hearing, is governed by the law in effect |
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when the hearing was set, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |