| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the certification of discovery issues to the Texas |
|
|
Commission on Environmental Quality in contested cases referred to |
|
|
the State Office of Administrative Hearings by the commission. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2003.047, Government Code, is amended by |
|
|
amending Subsection (i) and adding Subsection (i-4) to read as |
|
|
follows: |
|
|
(i) The office and the commission jointly shall adopt rules |
|
|
providing for certification to the commission of an issue that |
|
|
involves an ultimate finding of compliance with or satisfaction of |
|
|
a statutory standard the determination of which is committed to the |
|
|
discretion or judgment of the commission by law. Each agency shall |
|
|
publish the jointly adopted rules. The rules must: |
|
|
(1) address, at a minimum, the issues that are |
|
|
appropriate for certification and the procedure to be used in |
|
|
certifying the issue; |
|
|
(2) provide that on a motion made by a party, the |
|
|
administrative law judge shall promptly certify to the commission |
|
|
any issue relating to the scope of discovery under Subsection (g); |
|
|
and |
|
|
(3) provide that certification of an issue expires by |
|
|
operation of law if the certified issue is not set for the |
|
|
commission's consideration within 15 days after the date the |
|
|
administrative law judge files with the chief clerk a request for |
|
|
the commission to answer the certified issue. [Each agency shall |
|
|
publish the jointly adopted rules.] |
|
|
(i-4) Following certification to the commission of an issue |
|
|
relating to the scope of discovery under Subsection (g), the |
|
|
administrative law judge may abate the deadline specified by |
|
|
Subsection (e-2) until the first business day following the earlier |
|
|
of: |
|
|
(1) the commission's consideration of the certified |
|
|
issue; or |
|
|
(2) the expiration by operation of law of the issue's |
|
|
certification. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |