Texas 2015 - 84th Regular

Texas House Bill HB201 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2584 SLB-F
2	2	By: Leach H.B. No. 201
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure for action by the Texas Commission on
8	8	Environmental Quality on an application for a water right.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.129, Water Code, is amended to read as
11	11	follows:
12	12	Sec. 11.129. REVIEW OF APPLICATION[; AMENDMENT]. (a) In
13	13	this section:
14	14	(1) "Administratively complete" means an application
15	15	includes the information and fees required under Sections 11.124,
16	16	11.125, 11.1271, and 11.128 and, if applicable, Sections 11.126,
17	17	11.127, and 11.1272.
18	18	(2) "Technical review" means the part of the process
19	19	of reviewing an application after the executive director has
20	20	determined the application is administratively complete in which
21	21	technical material is analyzed and reviewed in order to prepare a
22	22	draft permit and draft notice.
23	23	(b) Not later than the 30th working day after the date the
24	24	executive director receives an application, the executive director
25	25	shall review the application and provide to the applicant:
26	26	(1) written notice that the application is
27	27	administratively complete; or
28	28	(2) a written request for information that describes
29	29	in detail the information that the applicant must provide in order
30	30	for the application to be considered administratively complete.
31	31	(c) Not later than the 30th day after the date an applicant
32	32	receives a request under Subsection (b)(2), the applicant must
33	33	submit a response to the request. Not later than the 30th working
34	34	day after the date the executive director receives a timely
35	35	response, the executive director shall review the response and
36	36	provide to the applicant:
37	37	(1) written notice that the application is
38	38	administratively complete; or
39	39	(2) a written request for information that describes
40	40	in detail the information that the applicant must provide in order
41	41	for the application to be considered administratively complete.
42	42	(d) The applicant may request an extension of the time to
43	43	submit a response to a request under Subsection (b)(2) or (c)(2).
44	44	The executive director shall grant the request if the applicant
45	45	demonstrates good cause for the extension. An extension under this
46	46	subsection extends the deadline provided by Subsection (e) by the
47	47	same amount of time as the amount of the extension.
48	48	(e) Not later than the 180th day after the date the
49	49	executive director receives the application, the executive
50	50	director shall:
51	51	(1) provide the applicant written notice that the
52	52	application is administratively complete; or
53	53	(2) return the application and the entire filing fee
54	54	to the applicant and provide the applicant with a list of the
55	55	deficiencies in the application.
56	56	(f) The applicant is entitled to appeal the return of the
57	57	application and dispute an application deficiency in a hearing
58	58	before the commission. The commission shall review the application
59	59	and related documents, rule on the issues presented at the hearing,
60	60	and issue an order:
61	61	(1) directing the executive director to return the
62	62	application to the applicant;
63	63	(2) requesting additional information as required by
64	64	the executive director to render the application administratively
65	65	complete; or
66	66	(3) declaring that the application is
67	67	administratively complete and scheduling the technical review of
68	68	the application.
69	69	(g) If the commission requests additional information from
70	70	the applicant under Subsection (f)(2), the applicant must provide
71	71	the information to the commission not later than the 30th day after
72	72	the date the commission issues the request. The commission shall
73	73	review the material and issue an order described by Subsection
74	74	(f)(1) or (3), as applicable.
75	75	(h) After the executive director or the commission
76	76	determines that the application is administratively complete, the
77	77	executive director shall conduct a technical review of the
78	78	application. As part of the review, the executive director shall
79	79	determine whether the applicable water conservation and drought
80	80	contingency plans under Sections 11.1271 and 11.1272 are adequate.
81	81	(i) Not later than the 180th day after the date on which the
82	82	technical review begins, the executive director shall provide the
83	83	applicant with:
84	84	(1) written notice that the technical review is
85	85	complete, a draft permit, a draft notice, and technical memoranda
86	86	associated with the application; or
87	87	(2) a written request for technical information as
88	88	determined by the executive director to be necessary for the
89	89	completion of the technical review.
90	90	(j) With notice to the applicant, the executive director may
91	91	extend the deadline provided by Subsection (i) for a period of 30
92	92	days. The executive director may not extend the deadline more than
93	93	three times.
94	94	(k) Not later than the 60th day after the date the applicant
95	95	receives a request under Subsection (i)(2), the applicant must
96	96	provide the requested information to the executive director.
97	97	(l) The applicant may request an extension of the time to
98	98	submit a response to a request under Subsection (i)(2). The
99	99	executive director shall grant the request if the applicant
100	100	demonstrates good cause for the extension. An extension under this
101	101	subsection extends the deadline provided by Subsection (k) by the
102	102	same amount of time as the amount of the extension.
103	103	(m) If the executive director grants an extension under
104	104	Subsection (j) or (l), the executive director shall extend the
105	105	deadline under Subsection (i) or (k), as appropriate, for an
106	106	application:
107	107	(1) received after the application for which the
108	108	extension was granted under Subsection (j) or (l); and
109	109	(2) that relates to a new appropriation of water in the
110	110	same river basin as the application for which the extension was
111	111	granted under Subsection (j) or (l).
112	112	(n) The executive director shall provide notice in a timely
113	113	manner to an applicant who receives an extension under Subsection
114	114	(m).
115	115	(o) Not later than the 60th day after the date the executive
116	116	director receives a timely response to a request under Subsection
117	117	(i)(2), the executive director shall review the response and
118	118	provide the applicant with:
119	119	(1) written notice that the technical review is
120	120	complete, a draft permit, a draft notice, and technical memoranda
121	121	associated with the application; or
122	122	(2) written notice that the response to the request
123	123	for technical information is deficient.
124	124	(p) If the executive director provides notice under
125	125	Subsection (o)(2), the executive director and the applicant must
126	126	collaborate in a good faith effort to resolve the deficiency. Not
127	127	later than the 180th day after the date the executive director
128	128	provides the notice, the executive director shall:
129	129	(1) provide the applicant with written notice that the
130	130	technical review is complete, a draft permit, a draft notice, and
131	131	technical memoranda associated with the application; or
132	132	(2) return the application and the use fee and the
133	133	unused portion of the notice fee as prescribed by commission rule to
134	134	the applicant and provide the applicant with a list of the
135	135	deficiencies with the application.
136	136	(q) The applicant is entitled to appeal the return of the
137	137	application and dispute an application deficiency in a hearing
138	138	before the commission. The commission shall review the application
139	139	and related documents, rule on the issues presented at the hearing,
140	140	and issue an order:
141	141	(1) directing the executive director to return the
142	142	application to the applicant;
143	143	(2) requesting additional information as required by
144	144	the commission; or
145	145	(3) requiring the executive director to prepare the
146	146	draft permit, draft notice, and technical memoranda associated with
147	147	the application and written notice that the technical review is
148	148	complete.
149	149	(r) If the commission requests additional information from
150	150	the applicant under Subsection (q)(2), the applicant must provide
151	151	the information to the commission not later than the 30th day after
152	152	the date the commission issues the request. The commission shall
153	153	review the material and issue an order described by Subsection
154	154	(q)(1) or (3), as applicable.
155	155	(s) The applicant may request an extension of the time to
156	156	submit a response to a request under Subsection (q)(2). The
157	157	commission shall grant the request if the applicant demonstrates
158	158	good cause for the extension. An extension under this subsection
159	159	extends the deadline provided by Subsection (r) by the same amount
160	160	of time as the amount of the extension.
161	161	(t) Not later than the 14th day after the date the applicant
162	162	receives the draft permit, draft notice, and technical memoranda
163	163	associated with the application, the applicant must provide the
164	164	executive director with:
165	165	(1) the applicant's comments on the draft permit,
166	166	draft notice, and technical memoranda; or
167	167	(2) a statement that the applicant has no comment on
168	168	the draft permit, draft notice, or technical memoranda.
169	169	(u) The applicant may request an extension of the time to
170	170	submit comments under Subsection (t)(1). The commission shall
171	171	grant the request if the applicant demonstrates good cause for the
172	172	extension.
173	173	(v) The executive director shall file the draft permit,
174	174	draft notice, and technical memoranda associated with the
175	175	application with the chief clerk of the commission:
176	176	(1) not later than the 14th day after the date the
177	177	executive director receives comments under Subsection (t)(1),
178	178	during which time the executive director and the applicant must
179	179	collaborate to address the comments; or
180	180	(2) immediately on receipt of a statement described by
181	181	Subsection (t)(2).
182	182	(w) Notwithstanding any other provision of this section, if
183	183	the executive director makes a written determination that notice is
184	184	not required for an application, the executive director shall grant
185	185	or deny the permit for which the application is filed not later than
186	186	the 300th day after the date the executive director receives the
187	187	application. This period shall be extended by the same amount of
188	188	time as the amount of any extension of time granted to the applicant
189	189	for the provision of information [The commission shall determine
190	190	whether the application, maps, and other materials comply with the
191	191	requirements of this chapter and the rules of the commission. The
192	192	commission may require amendment of the application, maps, or other
193	193	materials to achieve necessary compliance].
194	194	SECTION 2. Section 11.133, Water Code, is amended to read as
195	195	follows:
196	196	Sec. 11.133. HEARING. (a) At the time and place stated in
197	197	the notice, the commission shall hold a hearing on the application.
198	198	Any person may appear at the hearing in person or by attorney or may
199	199	enter an [his] appearance in writing. Any person who appears may
200	200	present objection to the issuance of the permit. The commission may
201	201	receive evidence, orally or by affidavit, in support of or in
202	202	opposition to the issuance of the permit, and it may hear arguments.
203	203	(b) The commission may not refer an issue regarding an
204	204	application to the State Office of Administrative Hearings for a
205	205	hearing unless the commission determines that the issue is:
206	206	(1) a disputed question of fact; and
207	207	(2) relevant and material to a decision on the
208	208	application.
209	209	(c) If the commission grants a request for a hearing, the
210	210	commission shall:
211	211	(1) determine the number and scope of issues to be
212	212	referred to the State Office of Administrative Hearings for a
213	213	hearing; and
214	214	(2) consistent with the nature and number of issues to
215	215	be considered at the hearing, specify the maximum expected duration
216	216	of the hearing, which may not exceed a period of 270 days.
217	217	(d) If the application has been determined to be
218	218	administratively complete and the time for requesting more
219	219	information under Section 11.129(i)(2) has expired, the
220	220	commission:
221	221	(1) may not revoke that determination; and
222	222	(2) may request additional information from the
223	223	applicant only if the information is necessary to clarify, modify,
224	224	or supplement previously submitted information.
225	225	(e) A request for information under Subsection (d)(2) does
226	226	not render the application administratively incomplete.
227	227	(f) If the commission refers an issue regarding an
228	228	application to the State Office of Administrative Hearings for a
229	229	hearing, the administrative law judge who conducts the hearing may
230	230	not grant party status to a person who failed to seek party status
231	231	from the commission before the issue was referred to the office.
232	232	(g) In the event of a conflict between this section and any
233	233	other law, this section prevails.
234	234	SECTION 3. (a) As soon as practicable after the effective
235	235	date of this Act, the Texas Commission on Environmental Quality
236	236	shall adopt rules to implement the changes in law made by this Act.
237	237	(b) The changes in law made by this Act apply only to an
238	238	application for a new or amended water right received by the Texas
239	239	Commission on Environmental Quality on or after the effective date
240	240	of the rules adopted under Subsection (a) of this section. An
241	241	application received before the effective date of the rules adopted
242	242	under Subsection (a) of this section is governed by the law in
243	243	effect on the date the application was received, and the former law
244	244	is continued in effect for that purpose.
245	245	(c) On notice to the applicant, beginning on the effective
246	246	date of the rules adopted under Subsection (a) of this section, the
247	247	executive director of the Texas Commission on Environmental Quality
248	248	may extend the period for technical review of an application for a
249	249	new or amended water right under Section 11.129, Water Code, as
250	250	amended by this Act, by a period not to exceed 18 months from the
251	251	date the rules take effect if:
252	252	(1) on the effective date of the rules there are
253	253	applications for new or amended water rights pending before the
254	254	commission the technical review of which has not been completed;
255	255	and
256	256	(2) the applications described by Subdivision (1) of
257	257	this subsection affect the same river basin as the application for
258	258	which the technical review period is extended.
259	259	(d) During an extension under Subsection (c) of this
260	260	section, the executive director shall take all practicable measures
261	261	to substantially meet all other applicable deadlines in Section
262	262	11.129, Water Code, as amended by this Act, related to the technical
263	263	review of an application.
264	264	SECTION 4. This Act takes effect immediately if it receives
265	265	a vote of two-thirds of all the members elected to each house, as
266	266	provided by Section 39, Article III, Texas Constitution. If this
267	267	Act does not receive the vote necessary for immediate effect, this
268	268	Act takes effect September 1, 2015.