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(i) withdrawn the request for a contested |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