Bill Text: TX HB2179 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to hearings that concern the issuance of permits by a groundwater conservation district.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-10 - Effective immediately [HB2179 Detail]

Download: Texas-2015-HB2179-Comm_Sub.html
 
 
  By: Lucio III (Senate Sponsor - Perry) H.B. No. 2179
         (In the Senate - Received from the House May 6, 2015;
  May 6, 2015, read first time and referred to Committee on
  Agriculture, Water, and Rural Affairs; May 12, 2015, reported
  favorably by the following vote:  Yeas 6, Nays 0; May 12, 2015, sent
  to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to hearings that concern the issuance of permits by a
  groundwater conservation district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.403, Water Code, is amended to read as
  follows:
         Sec. 36.403.  SCHEDULING OF PUBLIC HEARING. (a)  The general
  manager or board may schedule a public hearing on permit or permit
  amendment applications received by the district as necessary, as
  provided by Section 36.114.
         (b)  The general manager or board may schedule more than one
  application for consideration at a public hearing.
         (c)  A public hearing must be held at the district office or
  regular meeting location of the board unless the board provides for
  hearings to be held at a different location.
         (d)  A public hearing may be held in conjunction with a
  regularly scheduled board meeting.
         SECTION 2.  Sections 36.404(a) and (d), Water Code, are
  amended to read as follows:
         (a)  If the general manager or board schedules a public
  hearing on an application for a permit or permit amendment, the
  general manager or board shall give notice of the hearing as
  provided by this section.
         (d)  A person may request notice from the district of a
  public hearing on a permit or a permit amendment application.  The
  request must be in writing and is effective for the remainder of the
  calendar year in which the request is received by the district.  To
  receive notice of a public hearing in a later year, a person must
  submit a new request.  An affidavit of an officer or employee of the
  district establishing attempted service by first class mail,
  facsimile, or e-mail to the person in accordance with the
  information provided by the person is proof that notice was
  provided by the district.
         SECTION 3.  Section 36.405, Water Code, is amended to read as
  follows:
         Sec. 36.405.  HEARING REGISTRATION. The district may
  require each person who participates in a public hearing to submit a
  hearing registration form stating:
               (1)  the person's name;
               (2)  the person's address; and
               (3)  whom the person represents, if the person is not
  there in the person's individual capacity.
         SECTION 4.  Subchapter M, Chapter 36, Water Code, is amended
  by adding Section 36.4051 to read as follows:
         Sec. 36.4051.  BOARD ACTION; CONTESTED CASE HEARING
  REQUESTS; PRELIMINARY HEARING.  (a)  The board may take action on
  any uncontested application at a properly noticed public meeting
  held at any time after the public hearing at which the application
  is scheduled to be heard. The board may issue a written order to:
               (1)  grant the application;
               (2)  grant the application with special conditions; or
               (3)  deny the application.
         (b)  The board shall schedule a preliminary hearing to hear a
  request for a contested case hearing filed in accordance with rules
  adopted under Section 36.415. The preliminary hearing may be
  conducted by:
               (1)  a quorum of the board;
               (2)  an individual to whom the board has delegated in
  writing the responsibility to preside as a hearing examiner over
  the hearing or matters related to the hearing; or
               (3)  the State Office of Administrative Hearings under
  Section 36.416.
         (c)  Following a preliminary hearing, the board shall
  determine whether any person requesting the contested case hearing
  has standing to make that request and whether a justiciable issue
  related to the application has been raised. If the board determines
  that no person who requested a contested case hearing had standing
  or that no justiciable issues were raised, the board may take any
  action authorized under Subsection (a).
         (d)  An applicant may, not later than the 20th day after the
  date the board issues an order granting the application, demand a
  contested case hearing if the order:
               (1)  includes special conditions that were not part of
  the application as finally submitted; or
               (2)  grants a maximum amount of groundwater production
  that is less than the amount requested in the application.
         SECTION 5.  Section 36.406(d), Water Code, is amended to
  read as follows:
         (d)  The presiding officer may:
               (1)  convene the hearing at the time and place
  specified in the notice;
               (2)  set any necessary additional hearing dates;
               (3)  designate the parties regarding a contested
  application;
               (4)  establish the order for presentation of evidence;
               (5)  administer oaths to all persons presenting
  testimony;
               (6)  examine persons presenting testimony;
               (7)  ensure that information and testimony are
  introduced as conveniently and expeditiously as possible without
  prejudicing the rights of any party;
               (8)  prescribe reasonable time limits for testimony and
  the presentation of evidence; [and]
               (9)  exercise the procedural rules adopted under
  Section 36.415; and
               (10)  determine how to apportion among the parties the
  costs related to:
                     (A)  a contract for the services of a presiding
  officer; and
                     (B)  the preparation of the official hearing
  record.
         SECTION 6.  Section 36.410, Water Code, is amended to read as
  follows:
         Sec. 36.410.  PROPOSAL FOR DECISION [REPORT].  (a)  Except as
  provided by Subsection (e), the presiding officer shall submit a
  proposal for decision [report] to the board not later than the 30th
  day after the date the evidentiary [a] hearing is concluded.
         (b)  The proposal for decision [report] must include:
               (1)  a summary of the subject matter of the hearing;
               (2)  a summary of the evidence or public comments
  received; and
               (3)  the presiding officer's recommendations for board
  action on the subject matter of the hearing.
         (c)  The presiding officer or general manager shall provide a
  copy of the proposal for decision [report] to:
               (1)  the applicant; and
               (2)  each [person who provided comments or each]
  designated party.
         (d)  A party [person who receives a copy of the report under
  Subsection (c)] may submit to the board written exceptions to the
  proposal for decision [report].
         (e)  If the hearing was conducted by a quorum of the board and
  if the presiding officer prepared a record of the hearing as
  provided by Section 36.408(a), the presiding officer shall
  determine whether to prepare and submit a proposal for decision
  [report] to the board under this section.
         (f)  The board shall consider the proposal for decision at a
  final hearing. Additional evidence may not be presented during a
  final hearing. The parties may present oral argument at a final
  hearing to summarize the evidence, present legal argument, or argue
  an exception to the proposal for decision. A final hearing may be
  continued as provided by Section 36.409.
         SECTION 7.  Sections 36.412(a), (b), and (c), Water Code,
  are amended to read as follows:
         (a)  An applicant in a contested or uncontested hearing on an
  application or a party to a contested hearing may administratively
  appeal a decision of the board on a permit or permit amendment
  application by requesting written findings and conclusions [or a
  rehearing before the board] not later than the 20th day after the
  date of the board's decision.
         (b)  On receipt of a timely written request, the board shall
  make written findings and conclusions regarding a decision of the
  board on a permit or permit amendment application.  The board shall
  provide certified copies of the findings and conclusions to the
  person who requested them, and to each [person who provided
  comments or each] designated party, not later than the 35th day
  after the date the board receives the request.  A party to a
  contested hearing [person who receives a certified copy of the
  findings and conclusions from the board] may request a rehearing
  [before the board] not later than the 20th day after the date the
  board issues the findings and conclusions.
         (c)  A request for rehearing must be filed in the district
  office and must state the grounds for the request.  If the original
  hearing was a contested hearing, the party [person] requesting a
  rehearing must provide copies of the request to all parties to the
  hearing.
         SECTION 8.  Section 36.415(b), Water Code, is amended to
  read as follows:
         (b)  In adopting the rules, a district shall:
               (1)  define under what circumstances an application is
  considered contested; [and]
               (2)  limit participation in a hearing on a contested
  application to persons who have a personal justiciable interest
  related to a legal right, duty, privilege, power, or economic
  interest that is within a district's regulatory authority and
  affected by a permit or permit amendment application, not including
  persons who have an interest common to members of the public; and
               (3)  establish the deadline for a person who may
  participate under Subdivision (2) to file in the manner required by
  the district a protest and request for a contested case hearing.
         SECTION 9.  Section 36.416, Water Code, is amended by adding
  Subsections (d), (e), and (f) to read as follows:
         (d)  An administrative law judge who conducts a contested
  case hearing shall consider applicable district rules or policies
  in conducting the hearing, but the district deciding the case may
  not supervise the administrative law judge.
         (e)  A district shall provide the administrative law judge
  with a written statement of applicable rules or policies.
         (f)  A district may not attempt to influence the finding of
  facts or the administrative law judge's application of the law in a
  contested case except by proper evidence and legal argument.
         SECTION 10.  Section 36.4165, Water Code, is amended to read
  as follows:
         Sec. 36.4165.  FINAL DECISION; CONTESTED CASE HEARINGS.  (a)  
  In a proceeding for a permit application or amendment in which a
  district has contracted with the State Office of Administrative
  Hearings for a contested case hearing, the board has the authority
  to make a final decision on consideration of a proposal for decision
  issued by an administrative law judge [consistent with Section
  2001.058, Government Code].
         (b)  A board may change a finding of fact or conclusion of law
  made by the administrative law judge, or may vacate or modify an
  order issued by the administrative judge, only if the board
  determines:
               (1)  that the administrative law judge did not properly
  apply or interpret applicable law, district rules, written policies
  provided under Section 36.416(e), or prior administrative
  decisions;
               (2)  that a prior administrative decision on which the
  administrative law judge relied is incorrect or should be changed;
  or
               (3)  that a technical error in a finding of fact should
  be changed.
         SECTION 11.  The changes in law made by this Act apply only
  to an application for a permit or a permit amendment that is
  received by a groundwater conservation district on or after the
  effective date of this Act. An application for a permit or permit
  amendment that is received before the effective date of this Act is
  governed by the law in effect on the date the application is
  received, and that law is continued in effect for that purpose.
         SECTION 12.  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, 2015.
 
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