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A BILL TO BE ENTITLED
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AN ACT
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relating to communications between the Texas Commission on |
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Environmental Quality and the governor, the lieutenant governor, or |
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a member of the legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 5, Water Code, is amended |
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by adding Section 5.180 to read as follows: |
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Sec. 5.180. COMMUNICATIONS WITH CERTAIN GOVERNMENT |
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OFFICIALS. (a) Notwithstanding any other law, the governor, the |
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lieutenant governor, or a member of the legislature may communicate |
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in writing, including electronically, with a member of the |
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commission about an application for the issuance, amendment, |
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modification, or renewal of a permit, or for an authorization to use |
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a permit, that is pending before the commission. A member of the |
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legislature may communicate under this section with the commission |
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only about an application for a facility or proposed facility that |
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is located in the member's district. |
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(b) A member of the commission shall receive a communication |
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described by Subsection (a). An employee of the commission that |
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receives a communication described by Subsection (a) shall transmit |
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the communication to the proper member of the commission and the |
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member shall receive the communication. The member of the |
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commission is not required to be recused from the proceedings |
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related to the application discussed in the communication. |
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(c) The commission shall: |
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(1) include in the record of proceedings related to an |
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application a record of each communication received under this |
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section about the application; and |
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(2) provide for any party to the proceedings related |
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to an application about which the commission receives a |
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communication under this section an opportunity to respond to the |
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communication. |
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(d) The governor, the lieutenant governor, or a member of |
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the legislature may not communicate with a member of the commission |
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under this section about an application that affects a business |
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entity in which the governor, lieutenant governor, or member has a |
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substantial interest or in which a person related to the governor, |
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lieutenant governor, or member within the second degree of |
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consanguinity or affinity has a substantial interest, as described |
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by Section 572.005, Government Code. |
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(e) The commission may establish deadlines for written |
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communications described by Subsection (a). A deadline must |
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provide the maximum amount of time reasonably possible for |
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communication described by Subsection (a). |
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SECTION 2. This Act takes effect September 1, 2025. |