BILL ANALYSIS

Senate Research Center	C.S.S.B. 3074
89R32370 KRM-D	By: Birdwell
	Natural Resources
	5/21/2025
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Texas Administrative Procedures Act (APA) under Government Code Chapter 2001 stipulates the restrictions related to ex parte communications. Ex parte communications are those in which one or more of the parties to a matter are not included. The APA provides that, unless required for the disposition of an ex parte matter authorized by law, a member or employee of a state agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not directly or indirectly communicate in connection with an issue of fact or law with a state agency, person, party, or a representative of those entities, except on notice and opportunity for each party to participate.

In the context of matters before the Texas Commission on Environmental Quality (TCEQ), this means a communication with a commissioner or staff member who has a matter before them, such as a permit application, enforcement action, or another decision pertaining to a regulated entity.

As written, the law does not allow for the governor, the lieutenant governor, or a legislator to communicate with TCEQ when a permit or other matter are before the agency. The result of the law has prohibited even simple questions from the executive and legislative leaders of our state from being answered when they pertain to matters before the commission.

As such, S.B. 3074 would allow the governor, the lieutenant governor, and members of the legislature to communicate with a TCEQ official or employee concerning any matter before TCEQ and requires TCEQ to receive the communication. The bill specifies that a commission official or employee who receives such communication is not required to be recused from the matter discussed in the communication. In making this adjustment, the bill provides for safeguards to ensure the communication happens in an appropriate manner, parties to the matter are involved, and conflicts of interest are prevented.

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 3074 amends current law relating to communications between the Texas Commission on Environmental Quality and the governor, the lieutenant governor, or a member of the legislature.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter E, Chapter 5, Water Code, by adding Section 5.180, as follows:

Sec. 5.180. COMMUNICATIONS WITH CERTAIN GOVERNMENT OFFICIALS. (a) Authorizes the governor, the lieutenant governor, or a member of the legislature, notwithstanding any other law, to communicate in writing, including electronically, with a Texas Commission on Environmental Quality (TCEQ) official or employee about an application for the issuance, amendment, modification, or renewal of a permit, or for an authorization to use a permit, that is pending before TCEQ. Provides that a member of the legislature is authorized to communicate under this section with TCEQ only about an application for a facility or proposed facility that is located in the member's district.

(b) Requires a TCEQ official or employee to receive a communication described by Subsection (a). Provides that the official or employee is not required to be recused from the proceedings related to the application discussed in the communication.

(c) Requires TCEQ to include in the record of proceedings related to an application a record of each communication received under this section about the application and provide for any party to the proceedings related to an application about which the commission receives a communication under this section an opportunity to respond to the communication.

(d) Prohibits the governor, the lieutenant governor, or a member of the legislature from communicating with a TCEQ official or employee under this section about an application that affects a business entity in which the governor, lieutenant governor, or member has a substantial interest or in which a person related to the governor, lieutenant governor, or member within the second degree of consanguinity or affinity has a substantial interest, as described by Section 572.005 (Determination of Substantial Interest), Government Code.

SECTION 2. Effective date: September 1, 2025.