Bill Text: TX SB2203 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: Relating to the certification of discovery issues to the Texas Commission on Environmental Quality in contested cases referred to the State Office of Administrative Hearings by the commission.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2025-05-26 - Placed on General State Calendar [SB2203 Detail]
Download: Texas-2025-SB2203-Comm_Sub.html
| By: Birdwell | S.B. No. 2203 | |
| (Darby) | ||
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| relating to the certification of discovery issues to the Texas | ||
| Commission on Environmental Quality in contested cases referred to | ||
| the State Office of Administrative Hearings by the commission. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2003.047, Government Code, is amended by | ||
| amending Subsection (i) and adding Subsection (i-4) to read as | ||
| follows: | ||
| (i) The office and the commission jointly shall adopt rules | ||
| providing for certification to the commission of an issue that | ||
| involves an ultimate finding of compliance with or satisfaction of | ||
| a statutory standard the determination of which is committed to the | ||
| discretion or judgment of the commission by law. Each agency shall | ||
| publish the jointly adopted rules. The rules must: | ||
| (1) address, at a minimum, the issues that are | ||
| appropriate for certification and the procedure to be used in | ||
| certifying the issue; | ||
| (2) provide that on a motion made by a party, the | ||
| administrative law judge shall promptly certify to the commission | ||
| any issue relating to the scope of discovery under Subsection (g); | ||
| and | ||
| (3) provide that certification of an issue expires by | ||
| operation of law if the certified issue is not set for the | ||
| commission's consideration within 15 days after the date the | ||
| administrative law judge files with the chief clerk a request for | ||
| the commission to answer the certified issue. [ |
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| (i-4) Following certification to the commission of an issue | ||
| relating to the scope of discovery under Subsection (g), the | ||
| administrative law judge may abate the deadline specified by | ||
| Subsection (e-2) until the first business day following the earlier | ||
| of: | ||
| (1) the commission's consideration of the certified | ||
| issue; or | ||
| (2) the expiration by operation of law of the issue's | ||
| certification. | ||
| SECTION 2. 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, 2025. | ||
