Bill Text: TX SB225 | 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) 2017-04-03 - 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.
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