Bill Text: TX HB3525 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the referral by the Texas Commission on Environmental Quality to the State Office of Administrative Hearings of an issue regarding an application for a water right.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to Natural Resources [HB3525 Detail]
Download: Texas-2017-HB3525-Introduced.html
85R1965 SLB-F | ||
By: Price | H.B. No. 3525 |
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relating to the referral by the Texas Commission on Environmental | ||
Quality to the State Office of Administrative Hearings of an issue | ||
regarding an application for a water right. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.133, Water Code, is amended to read as | ||
follows: | ||
Sec. 11.133. HEARING. (a) At the time and place stated in | ||
the notice, the commission shall hold a hearing on the application. | ||
Any person may appear at the hearing in person or by attorney or may | ||
enter an [ |
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present objection to the issuance of the permit. The commission may | ||
receive evidence, orally or by affidavit, in support of or in | ||
opposition to the issuance of the permit, and it may hear arguments. | ||
(b) The commission may not refer an issue regarding an | ||
application to the State Office of Administrative Hearings for a | ||
hearing unless the commission determines that the issue is: | ||
(1) a disputed question of fact or a disputed mixed | ||
question of law and fact; and | ||
(2) relevant and material to a decision on the | ||
application. | ||
(c) If the commission grants a request for a hearing, the | ||
commission shall: | ||
(1) determine the number and scope of issues to be | ||
referred to the State Office of Administrative Hearings for a | ||
hearing; and | ||
(2) consistent with the nature and number of issues to | ||
be considered at the hearing, specify the maximum expected duration | ||
of the proceeding, beginning with the holding of the preliminary | ||
hearing and concluding with the issuance of the proposal for | ||
decision, which may not exceed a period of 270 days. | ||
(d) The administrative law judge who conducts the hearing | ||
may extend the proceeding beyond the period specified by the | ||
commission under Subsection (c)(2) if the administrative law judge | ||
determines that failure to extend the proceeding would deprive a | ||
party of due process or another constitutional right. | ||
(e) If the commission refers an application to the State | ||
Office of Administrative Hearings, the administrative law judge who | ||
conducts the hearing may not grant party status to an affected | ||
person who objects to the application if the person failed to submit | ||
a request to the commission for a hearing in accordance with Section | ||
11.132. This subsection does not apply to the applicant, the office | ||
of public interest counsel, or the executive director. | ||
(f) In the event of a conflict between this section and any | ||
other law, this section prevails. | ||
SECTION 2. (a) As soon as practicable after the effective | ||
date of this Act, the Texas Commission on Environmental Quality | ||
shall adopt rules to implement the changes in law made by this Act. | ||
(b) The changes in law made by this Act apply only to an | ||
application for a new or amended water right received by the Texas | ||
Commission on Environmental Quality on or after the effective date | ||
of the rules adopted under Subsection (a) of this section. An | ||
application received before the effective date of the rules adopted | ||
under Subsection (a) of this section is governed by the law in | ||
effect on the date the application was received, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 3. 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, 2017. |