Bill Text: TX SB211 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to judicial review of acts by the Texas Commission on Environmental Quality.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-30 - Effective on 9/1/21 [SB211 Detail]
Download: Texas-2021-SB211-Introduced.html
Bill Title: Relating to judicial review of acts by the Texas Commission on Environmental Quality.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-30 - Effective on 9/1/21 [SB211 Detail]
Download: Texas-2021-SB211-Introduced.html
87R2531 SLB-D | ||
By: Zaffirini | S.B. No. 211 |
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relating to judicial review of acts by the Texas Commission on | ||
Environmental Quality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 361.321(a) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A person affected by a ruling, order, decision, or other | ||
act of the commission may appeal the action by filing a petition in | ||
a district court of Travis County in the time required by Section | ||
5.351, Water Code. | ||
(c) A [ |
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petition described by Subsection (b) must be filed not later than | ||
the 30th day after the date of the ruling, order, decision, or other | ||
act of the governmental entity whose action is appealed. Service of | ||
citation of the petition must be accomplished not later than the | ||
30th day after the date on which the petition is filed. | ||
SECTION 2. Sections 361.322(a) and (f), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) Any person subject to an administrative order under | ||
Section 361.272 may appeal the order by filing a petition in the | ||
time required by Section 5.351, Water Code [ |
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(f) The administrative order is final as to a nonappealing | ||
party on the date by which the person is required to file a petition | ||
under Section 5.351, Water Code [ |
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SECTION 3. Section 382.032(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The petition must be filed in the time required by | ||
Section 5.351, Water Code, unless [ |
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commission's failure to take final action on an application for a | ||
federal operating permit, a reopening of a federal operating | ||
permit, a revision to a federal operating permit, or a permit | ||
renewal application for a federal operating permit in accordance | ||
with Section 382.0542(b), in which case the petition may be filed at | ||
any time before the commission or the executive director takes | ||
final action. | ||
SECTION 4. Sections 5.351(b) and (c), Water Code, are | ||
amended to read as follows: | ||
(b) A person affected by a ruling, order, or decision of the | ||
commission must file a [ |
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effective date of the ruling, order, or decision. A person affected | ||
by an act other than a ruling, order, or decision must file a [ |
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petition within 30 days after the date the commission performed the | ||
act. | ||
(c) Notwithstanding Subsection (b) or another provision of | ||
law to the contrary, 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 5. This Act takes effect September 1, 2021. |