By: Birdwell  S.B. No. 3074
         (In the Senate - Filed May 20, 2025; May 20, 2025, read
  first time and referred to Committee on Natural Resources;
  May 22, 2025, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 1; May 22, 2025,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 3074 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to communications between the Texas Commission on
  Environmental Quality and the governor, the lieutenant governor, or
  a member of the legislature.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 5, Water Code, is amended
  by adding Section 5.180 to read as follows:
         Sec. 5.180.  COMMUNICATIONS WITH CERTAIN GOVERNMENT
  OFFICIALS. (a)  Notwithstanding any other law, the governor, the
  lieutenant governor, or a member of the legislature may communicate
  in writing, including electronically, with a commission 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 the commission.  A member of the
  legislature may communicate under this section with the commission
  only about an application for a facility or proposed facility that
  is located in the member's district.
         (b)  A commission official or employee shall receive a
  communication described by Subsection (a).  The official or
  employee is not required to be recused from the proceedings related
  to the application discussed in the communication.
         (c)  The commission shall:
               (1)  include in the record of proceedings related to an
  application a record of each communication received under this
  section about the application; and
               (2)  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)  The governor, the lieutenant governor, or a member of
  the legislature may not communicate with a commission 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, Government Code.
         SECTION 2.  This Act takes effect September 1, 2025.
 
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