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A BILL TO BE ENTITLED
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AN ACT
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relating to the referral by the Texas Commission on Environmental |
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Quality to the State Office of Administrative Hearings of an issue |
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regarding 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. 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 an [his] appearance in writing. Any person who appears may |
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present objection to the issuance of the permit. The commission may |
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receive evidence, orally or by affidavit, in support of or in |
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opposition to the issuance of the permit, and it may hear arguments. |
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(b) The commission may not refer an issue regarding an |
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application to the State Office of Administrative Hearings for a |
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hearing unless the commission determines that the issue is: |
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(1) a disputed question of fact or a disputed mixed |
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question of law and fact; and |
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(2) relevant and material to a decision on the |
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application. |
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(c) If the commission grants a request for a hearing, the |
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commission shall: |
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(1) determine the number and scope of issues to be |
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referred to the State Office of Administrative Hearings for a |
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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 proceeding, beginning with the holding of the preliminary |
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hearing and concluding with the issuance of the proposal for |
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decision, which may not exceed a period of 270 days. |
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(d) The administrative law judge who conducts the hearing |
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may extend the proceeding beyond the period specified by the |
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commission under Subsection (c)(2) if the administrative law judge |
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determines that failure to extend the proceeding would deprive a |
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party of due process or another constitutional right. |
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(e) If the commission refers an application to the State |
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Office of Administrative Hearings, the administrative law judge who |
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conducts the hearing may not grant party status to an affected |
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person who objects to the application if the person failed to submit |
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a request to the commission for a hearing in accordance with Section |
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11.132. This subsection does not apply to the applicant, the office |
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of public interest counsel, or the executive director. |
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(f) In the event of a conflict between this section and any |
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other law, this section prevails. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the Texas Commission on Environmental Quality |
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shall adopt rules to implement the changes in law made by this Act. |
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(b) The changes in law made by this Act apply only to an |
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application for a new or amended water right received by the Texas |
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Commission on Environmental Quality on or after the effective date |
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of the rules adopted under Subsection (a) of this section. An |
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application received before the effective date of the rules adopted |
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under Subsection (a) of this section is governed by the law in |
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effect on the date the application was received, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. 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, 2017. |