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A BILL TO BE ENTITLED
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AN ACT
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relating to rules providing for certification of issues to the |
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Texas Commission on Environmental Quality in contested cases |
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referred to the State Office of Administrative Hearings by the |
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commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.047(i), Government Code, is amended |
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to read as follows: |
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(i) The office and the commission jointly shall adopt rules |
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providing for certification to the commission of an issue that |
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involves an ultimate finding of compliance with or satisfaction of |
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a statutory standard the determination of which is committed to the |
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discretion or judgment of the commission by law. Each agency shall |
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publish the jointly adopted rules. The rules must: |
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(1) address, at a minimum, the issues that are |
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appropriate for certification and the procedure to be used in |
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certifying the issue; and |
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(2) provide that any issue raised by a party relating |
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to the scope of discovery under Subsection (g) shall be promptly |
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certified by the administrative law judge to the commission. [Each |
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agency shall publish the jointly adopted rules.] |
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SECTION 2. 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, 2025. |