Texas House Bill HB860

Texas 2021 - 87th Regular

Caption

Relating to changes to an application for an environmental permit before a contested case hearing on the application.

Impact

The bill's provisions are poised to apply only to permit applications pending before the Texas Commission on Environmental Quality (TCEQ) on or after the bill's effective date, which is set for September 1, 2021. As such, any applications submitted after this date will require adherence to the new timelines, potentially leading to more predictable and stable processing times for environmental permits. The intention behind this change is to enhance efficiency within the environmental permitting system, thereby reducing the administrative burden on both applicants and the TCEQ.

Summary

House Bill 860 focuses on the procedural aspects of applications for environmental permits prior to contested case hearings. It specifically amends Section 2003.047 of the Government Code by introducing a new subsection (d-1), which restricts applicants from making changes to their applications within 31 days leading up to a scheduled preliminary hearing. This legislative move is seen as a mechanism to streamline the permitting process, reducing last-minute alterations that could prolong hearings and complicate administrative procedures.

Contention

While supporters argue that this bill will help maintain order in the permit application process and mitigate disruptions during contested case hearings, there may be concerns regarding the flexibility it removes from applicants. Critics could point out that limiting modifications so close to hearings might hinder applicants' ability to refine their proposals based on evolving circumstances or new information. This tightening of the timeline could disproportionately affect applicants who may need to make crucial changes based on community feedback or regulatory updates.