Texas 2015 - 84th Regular

Texas House Bill HB1247

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to presumptions in contested case hearings regarding certain environmental permit applications.

Impact

The introduction of this bill is expected to have significant implications for how environmental permits are processed in Texas. By placing the burden on the opposers of a permit to prove non-compliance, the bill intends to expedite hearings and reduce the uncertainty for applicants. This is particularly relevant for industries that require timely permits to operate, as it aims to ensure a more predictable regulatory framework. Consequently, it could encourage economic growth by facilitating easier access to permit approvals for businesses involved in construction and development projects.

Summary

House Bill 1247 proposes amendments to Section 2003.047 of the Government Code concerning contested case hearings related to environmental permit applications. The bill establishes a prima facie presumption that any permit application meeting the outlined legal and technical criteria, including the commissioning of a draft permit, is compliant with state and federal regulations. If passed, this presumption will simplify the permit approval process by assuming permits protect human health and the environment unless specific violations are demonstrated by opposing parties.

Contention

However, the bill may face opposition from environmental advocacy groups and local communities. Critics might argue that the presumption in favor of permit approvals could undermine environmental protections and public health by making it more challenging to contest dangerous or non-compliant applications. The opposition could frame this change as a legislative push that prioritizes economic interests over community health and well-being, raising concerns about the adequacy of oversight in the permitting process. Furthermore, the rebuttal clause may be seen as insufficiently rigorous, thereby allowing potentially harmful projects to proceed unchecked.

Additional_notes

Overall, HB 1247 represents a balancing act between facilitating business operations and ensuring adequate environmental protection. The ongoing debate surrounding its provisions will likely influence its reception by both legislators and the public as discussions around environmental responsibility and economic development continue.

Companion Bills

No companion bills found.

Previously Filed As

TX HB934

Relating to the definition of "affected person" for purposes of a contested case hearing held by or for the Texas Commission on Environmental Quality regarding certain environmental permit applications.

TX HB411

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

TX HB4254

Relating to decisions of an administrative law judge of the State Office of Administrative Hearings in contested cases.

TX HB4214

Relating to conducting certain contested case hearings under the Texas workers' compensation system by remote communication.

TX HB38

Relating to hearings held by or involving the University Interscholastic League.

TX HB4459

Relating to the hearings held by or involving the University Interscholastic League.

TX HB4649

Relating to conducting certain contested case hearings under the Texas workers' compensation system by remote communication.

TX SB1640

Relating to conducting certain contested case hearings under the Texas workers' compensation system by remote communication.

TX HB4874

Relating to notice of a water right amendment filed with the Texas Commission on Environmental Quality regarding a change in purpose of use.

TX HB758

Relating to the deadline to request a contested case hearing on an authorization to use a standard permit for a concrete plant.

Similar Bills

No similar bills found.