Texas House Bill HB1113

Texas 2015 - 84th Regular

Caption

Relating to the standard of review for a determination of standing in a contested case hearing conducted by the Texas Commission on Environmental Quality.

Impact

This bill's modifications are expected to influence how TCEQ handles contested case hearings, particularly in terms of legal scrutiny after a determination is made. By shifting the standard to allow for more discretionary judgments, the bill may reduce the burden on the commission in terms of procedural requirements while still providing avenues for review when necessary legal factors are ignored or misapplied. Consequently, this approach may expedite the resolution of cases and is likely to impact how citizens and entities challenge TCEQ's decisions regarding environmental permits or enforcement actions.

Summary

House Bill 1113 amends the Water Code, specifically focusing on the standard of review for determinations of standing in contested case hearings conducted by the Texas Commission on Environmental Quality (TCEQ). This legislative change introduces a discretionary component to how standing is evaluated, meaning that the commission will not be mandated to hold an evidentiary hearing in all such cases. Instead, the circumstances under which a hearing is required are now specifically linked to a court's review of the commission's decision. The intention is to streamline the process of adjudicating standing determinations related to environmental issues in Texas.

Contention

There are notable implications of this legislation regarding the balance between environmental oversight and administrative efficiency. On one side, supporters argue that reducing the requirements for evidentiary hearings allows TCEQ to operate more efficiently and focus its resources on significant environmental matters rather than procedural intricacies. However, opponents may contend that this shift could undermine public participation and accountability, as it potentially restricts the ability of affected stakeholders to challenge decisions that impact them. The overall contentious nature of such legislation underscores the ongoing debates surrounding environmental governance in Texas.