Bill Text: TX SB225 | 2017-2018 | 85th Legislature | Introduced

Texas Senate Bill 225 (Prior Session Legislation)

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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-04-03 - Left pending in committee [SB225 Detail]

Download: Texas-2017-SB225-Introduced.html

	85R1965 SLB-F

	By: Taylor of Collin	S.B. No. 225



	A BILL TO BE ENTITLED
	AN ACT
	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 [~~his~~] appearance in writing. Any person who appears may
	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.