Bill Text: TX HB3177 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the delegation of matters to the executive director of the Texas Commission on Environmental Quality.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3177 Detail]
Download: Texas-2017-HB3177-Enrolled.html
H.B. No. 3177 |
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relating to the delegation of matters to the executive director of | ||
the Texas Commission on Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.122(a), Water Code, is amended to read | ||
as follows: | ||
(a) The commission by rule or order may delegate to the | ||
executive director the commission's authority to act on an | ||
application or other request to issue, renew, reopen, transfer, | ||
amend, extend, withdraw, revoke, terminate, or modify a permit, | ||
license, certificate, registration, or other authorization or | ||
approval if: | ||
(1) required notice of the application or request for | ||
the authorization or approval has been given; | ||
(2) the holder of or applicant for the authorization | ||
or approval agrees in writing to the action to be taken by the | ||
executive director; and | ||
(3) the application or request: | ||
(A) is uncontested and does not require an | ||
evidentiary hearing; [ |
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(B) has become uncontested before parties are | ||
named because each person who requested a contested case hearing | ||
within the time allowed by law has: | ||
(i) withdrawn the request for a contested | ||
case hearing without condition; | ||
(ii) withdrawn the request for a contested | ||
case hearing conditioned only on the withdrawal of all other | ||
hearing requests; or | ||
(iii) agreed in writing to allow the | ||
executive director to make a final decision on the matter; or | ||
(C) has become uncontested because all parties | ||
have agreed in writing to the action to be taken by the executive | ||
director. | ||
SECTION 2. Section 5.351, Water Code, is amended by adding | ||
Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (b), a person affected by a | ||
ruling, order, or decision on a matter delegated to the executive | ||
director under Section 5.122 or other law may, after exhausting any | ||
administrative remedies, file a petition to review, set aside, | ||
modify, or suspend the ruling, order, or decision not later than the | ||
30th day after: | ||
(1) the effective date of the ruling, order, or | ||
decision; or | ||
(2) if the executive director's ruling, order, or | ||
decision is appealed to the commission as authorized by Section | ||
5.122(b) or other law, the earlier of: | ||
(A) the date the commission denies the appeal; or | ||
(B) the date the appeal is overruled by operation | ||
of law in accordance with commission rules. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a final decision made by the executive director of the Texas | ||
Commission on Environmental Quality under Section 5.122, Water | ||
Code, as amended by this Act, on or after the effective date of this | ||
Act. A final decision made by the executive director before the | ||
effective date of this Act is governed by the law in effect at the | ||
time the final decision was made, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3177 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3177 on May 21, 2017, by the following vote: Yeas 136, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3177 was passed by the Senate, with | ||
amendments, on May 19, 2017, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |