| 1 | 1 | | 84R5526 SLB-F |
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| 2 | 2 | | By: Smith H.B. No. 1247 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to presumptions in contested case hearings regarding |
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| 8 | 8 | | certain environmental permit applications. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2003.047, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (i-1), (i-2), and (i-3) to read as follows: |
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| 12 | 12 | | (i-1) In a contested case regarding a permit application, |
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| 13 | 13 | | the filing with the office of the draft permit prepared by the |
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| 14 | 14 | | executive director of the commission, the preliminary decision |
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| 15 | 15 | | issued by the executive director, and other supporting |
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| 16 | 16 | | documentation in the administrative record of the permit |
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| 17 | 17 | | application establishes a prima facie presumption that: |
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| 18 | 18 | | (1) the permit application meets all state and federal |
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| 19 | 19 | | legal and technical requirements; and |
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| 20 | 20 | | (2) a permit, if issued consistent with the draft |
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| 21 | 21 | | permit, would protect human health and safety and the environment. |
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| 22 | 22 | | (i-2) A party may rebut a presumption established under |
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| 23 | 23 | | Subsection (i-1) by establishing by a preponderance of the evidence |
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| 24 | 24 | | that: |
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| 25 | 25 | | (1) the draft permit violates a specific state or |
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| 26 | 26 | | federal legal or technical requirement; or |
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| 27 | 27 | | (2) the applicant, before the issuance of the draft |
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| 28 | 28 | | permit, intentionally withheld or misrepresented information |
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| 29 | 29 | | relevant to the permit application that, if known, would likely |
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| 30 | 30 | | have resulted in the denial of the application. |
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| 31 | 31 | | (i-3) If in accordance with Subsection (i-2) a party rebuts |
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| 32 | 32 | | a presumption established under Subsection (i-1), the applicant may |
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| 33 | 33 | | present additional evidence to support the draft permit. |
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| 34 | 34 | | SECTION 2. The changes in law made by this Act apply only to |
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| 35 | 35 | | an administrative hearing that is set by the State Office of |
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| 36 | 36 | | Administrative Hearings on or after the effective date of this Act. |
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| 37 | 37 | | A hearing set before the effective date of this Act, or any decision |
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| 38 | 38 | | issued or appeal from the hearing, is governed by the law in effect |
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| 39 | 39 | | when the hearing was set, and the former law is continued in effect |
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| 40 | 40 | | for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2015. |
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