Texas House Bill HB3037

Texas 2011 - 82nd Regular

• Out of House Committee: 4/26/11

Caption

Relating to contested case hearings for environmental permits.

Impact

The implications of HB 3037 affect the Health and Safety Code as well as the Water Code. The bill modifies existing sections, necessitating that individuals who feel impacted by a permit application must formally request a public hearing. The outcomes of these hearings will hinge on the affected persons demonstrating a valid basis for denying or modifying the permits. It is expected that this will lead to a reduction in permit challenges, as it places a stricter requirement on objecting parties to prove their case, thereby potentially expediting environmental permit approvals.

Summary

House Bill 3037 seeks to amend several provisions related to contested case hearings for environmental permits in the state of Texas. This bill aims to clarify the procedures for hearings held regarding the issuance or renewal of environmental permits, ensuring that the processes align with updated standards. This is significant as it redefines the responsibilities and processes associated with permit applications, shifting the burden of proof to the affected persons who contest the permit issuance. This change is designed to streamline hearing processes and clarify who is responsible for demonstrating the need for modifications or denials of permits.

Contention

Despite the intended improvements in regulatory efficiency proposed by HB 3037, the bill has sparked discussions among lawmakers and environmental advocacy groups. Supporters argue that the bill provides clarity and structure to contested case hearings, discouraging frivolous challenges that can delay crucial environmental projects. Conversely, opponents express concern that transferring the burden of proof to the affected persons may undermine public participation and diminish local voices in the regulatory process, especially those concerned about environmental and health impacts.