Texas House Bill HB3666

Texas 2023 - 88th Regular

• Filed: 3/6/23

Caption

Relating to judicial review of certain permitting decisions made by the Texas Commission on Environmental Quality.

Impact

The proposed changes in HB 3666 would significantly alter the landscape of judicial engagement with the Texas Commission on Environmental Quality's permitting decisions. By allowing challenges only within the specific confines of arguments previously raised before the commission and limiting the court's powers to question the commission’s interpretations of the statutes, this bill effectively centralizes authority within the commission. This could lead to a more streamlined process for permit approvals but may limit oversight, potentially raising environmental concerns among various stakeholders.

Summary

House Bill 3666 seeks to amend the judicial review processes concerning certain permitting decisions made by the Texas Commission on Environmental Quality. The bill introduces provisions that limit the scope of judicial review in cases related to permits under Chapter 26 of the Water Code. Notably, it stipulates that arguments presented before the commission and alleged violations of law during the commission's decisions are the only matters that can be challenged in court, thereby restricting judicial inquiry into the commission's decisions.

Sentiment

The sentiment surrounding HB 3666 appears to be mixed, with proponents arguing that the bill will foster efficiency in the permitting process and reduce delays that may hinder development projects. Critics, however, voice concerns about the potential diminishing of judicial oversight, fearing that limiting the judicial scope could embolden the commission and lead to suboptimal or harmful environmental outcomes. These opposing views reflect an underlying tension between regulatory efficiency and environmental accountability.

Contention

Among the points of contention, critics question whether the amendments proposed in HB 3666 adequately protect the rights of individuals and communities affected by permitting decisions. The focus on limiting judicial review could be interpreted as prioritizing governmental efficiency over community concerns and environmental protections. This has spurred debate over the balance between effective environmental governance and the need for adequate checks and balances on the commission's authority.

Texas Constitutional Statutes Affected

Water Code

• Chapter 5. Texas Commission On Environmental Quality
  • Section: 354
  • Section: New Section