Texas 2015 - 84th Regular

Texas House Bill HB2179 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Lucio III (Senate Sponsor - Perry) H.B. No. 2179
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 6, 2015, read first time and referred to Committee on
4		-	Agriculture, Water, and Rural Affairs; May 12, 2015, reported
5		-	favorably by the following vote: Yeas 6, Nays 0; May 12, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 2179
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to hearings that concern the issuance of permits by a
12	6		groundwater conservation district.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 36.403, Water Code, is amended to read as
15	9		follows:
16	10		Sec. 36.403. SCHEDULING OF PUBLIC HEARING. (a) The general
17	11		manager or board may schedule a public hearing on permit or permit
18	12		amendment applications received by the district as necessary, as
19	13		provided by Section 36.114.
20	14		(b) The general manager or board may schedule more than one
21	15		application for consideration at a public hearing.
22	16		(c) A public hearing must be held at the district office or
23	17		regular meeting location of the board unless the board provides for
24	18		hearings to be held at a different location.
25	19		(d) A public hearing may be held in conjunction with a
26	20		regularly scheduled board meeting.
27	21		SECTION 2. Sections 36.404(a) and (d), Water Code, are
28	22		amended to read as follows:
29	23		(a) If the general manager or board schedules a public
30	24		hearing on an application for a permit or permit amendment, the
31	25		general manager or board shall give notice of the hearing as
32	26		provided by this section.
33	27		(d) A person may request notice from the district of a
34	28		public hearing on a permit or a permit amendment application. The
35	29		request must be in writing and is effective for the remainder of the
36	30		calendar year in which the request is received by the district. To
37	31		receive notice of a public hearing in a later year, a person must
38	32		submit a new request. An affidavit of an officer or employee of the
39	33		district establishing attempted service by first class mail,
40	34		facsimile, or e-mail to the person in accordance with the
41	35		information provided by the person is proof that notice was
42	36		provided by the district.
43	37		SECTION 3. Section 36.405, Water Code, is amended to read as
44	38		follows:
45	39		Sec. 36.405. HEARING REGISTRATION. The district may
46	40		require each person who participates in a public hearing to submit a
47	41		hearing registration form stating:
48	42		(1) the person's name;
49	43		(2) the person's address; and
50	44		(3) whom the person represents, if the person is not
51	45		there in the person's individual capacity.
52	46		SECTION 4. Subchapter M, Chapter 36, Water Code, is amended
53	47		by adding Section 36.4051 to read as follows:
54	48		Sec. 36.4051. BOARD ACTION; CONTESTED CASE HEARING
55	49		REQUESTS; PRELIMINARY HEARING. (a) The board may take action on
56	50		any uncontested application at a properly noticed public meeting
57	51		held at any time after the public hearing at which the application
58	52		is scheduled to be heard. The board may issue a written order to:
59	53		(1) grant the application;
60	54		(2) grant the application with special conditions; or
61	55		(3) deny the application.
62	56		(b) The board shall schedule a preliminary hearing to hear a
63	57		request for a contested case hearing filed in accordance with rules
64	58		adopted under Section 36.415. The preliminary hearing may be
65	59		conducted by:
66	60		(1) a quorum of the board;
67	61		(2) an individual to whom the board has delegated in
68	62		writing the responsibility to preside as a hearing examiner over
69	63		the hearing or matters related to the hearing; or
70	64		(3) the State Office of Administrative Hearings under
71	65		Section 36.416.
72	66		(c) Following a preliminary hearing, the board shall
73	67		determine whether any person requesting the contested case hearing
74	68		has standing to make that request and whether a justiciable issue
75	69		related to the application has been raised. If the board determines
76	70		that no person who requested a contested case hearing had standing
77	71		or that no justiciable issues were raised, the board may take any
78	72		action authorized under Subsection (a).
79	73		(d) An applicant may, not later than the 20th day after the
80	74		date the board issues an order granting the application, demand a
81	75		contested case hearing if the order:
82	76		(1) includes special conditions that were not part of
83	77		the application as finally submitted; or
84	78		(2) grants a maximum amount of groundwater production
85	79		that is less than the amount requested in the application.
86	80		SECTION 5. Section 36.406(d), Water Code, is amended to
87	81		read as follows:
88	82		(d) The presiding officer may:
89	83		(1) convene the hearing at the time and place
90	84		specified in the notice;
91	85		(2) set any necessary additional hearing dates;
92	86		(3) designate the parties regarding a contested
93	87		application;
94	88		(4) establish the order for presentation of evidence;
95	89		(5) administer oaths to all persons presenting
96	90		testimony;
97	91		(6) examine persons presenting testimony;
98	92		(7) ensure that information and testimony are
99	93		introduced as conveniently and expeditiously as possible without
100	94		prejudicing the rights of any party;
101	95		(8) prescribe reasonable time limits for testimony and
102	96		the presentation of evidence; [and]
103	97		(9) exercise the procedural rules adopted under
104	98		Section 36.415; and
105	99		(10) determine how to apportion among the parties the
106	100		costs related to:
107	101		(A) a contract for the services of a presiding
108	102		officer; and
109	103		(B) the preparation of the official hearing
110	104		record.
111	105		SECTION 6. Section 36.410, Water Code, is amended to read as
112	106		follows:
113	107		Sec. 36.410. PROPOSAL FOR DECISION [REPORT]. (a) Except as
114	108		provided by Subsection (e), the presiding officer shall submit a
115	109		proposal for decision [report] to the board not later than the 30th
116	110		day after the date the evidentiary [a] hearing is concluded.
117	111		(b) The proposal for decision [report] must include:
118	112		(1) a summary of the subject matter of the hearing;
119	113		(2) a summary of the evidence or public comments
120	114		received; and
121	115		(3) the presiding officer's recommendations for board
122	116		action on the subject matter of the hearing.
123	117		(c) The presiding officer or general manager shall provide a
124	118		copy of the proposal for decision [report] to:
125	119		(1) the applicant; and
126	120		(2) each [person who provided comments or each]
127	121		designated party.
128	122		(d) A party [person who receives a copy of the report under
129	123		Subsection (c)] may submit to the board written exceptions to the
130	124		proposal for decision [report].
131	125		(e) If the hearing was conducted by a quorum of the board and
132	126		if the presiding officer prepared a record of the hearing as
133	127		provided by Section 36.408(a), the presiding officer shall
134	128		determine whether to prepare and submit a proposal for decision
135	129		[report] to the board under this section.
136	130		(f) The board shall consider the proposal for decision at a
137	131		final hearing. Additional evidence may not be presented during a
138	132		final hearing. The parties may present oral argument at a final
139	133		hearing to summarize the evidence, present legal argument, or argue
140	134		an exception to the proposal for decision. A final hearing may be
141	135		continued as provided by Section 36.409.
142	136		SECTION 7. Sections 36.412(a), (b), and (c), Water Code,
143	137		are amended to read as follows:
144	138		(a) An applicant in a contested or uncontested hearing on an
145	139		application or a party to a contested hearing may administratively
146	140		appeal a decision of the board on a permit or permit amendment
147	141		application by requesting written findings and conclusions [or a
148	142		rehearing before the board] not later than the 20th day after the
149	143		date of the board's decision.
150	144		(b) On receipt of a timely written request, the board shall
151	145		make written findings and conclusions regarding a decision of the
152	146		board on a permit or permit amendment application. The board shall
153	147		provide certified copies of the findings and conclusions to the
154	148		person who requested them, and to each [person who provided
155	149		comments or each] designated party, not later than the 35th day
156	150		after the date the board receives the request. A party to a
157	151		contested hearing [person who receives a certified copy of the
158	152		findings and conclusions from the board] may request a rehearing
159	153		[before the board] not later than the 20th day after the date the
160	154		board issues the findings and conclusions.
161	155		(c) A request for rehearing must be filed in the district
162	156		office and must state the grounds for the request. If the original
163	157		hearing was a contested hearing, the party [person] requesting a
164	158		rehearing must provide copies of the request to all parties to the
165	159		hearing.
166	160		SECTION 8. Section 36.415(b), Water Code, is amended to
167	161		read as follows:
168	162		(b) In adopting the rules, a district shall:
169	163		(1) define under what circumstances an application is
170	164		considered contested; [and]
171	165		(2) limit participation in a hearing on a contested
172	166		application to persons who have a personal justiciable interest
173	167		related to a legal right, duty, privilege, power, or economic
174	168		interest that is within a district's regulatory authority and
175	169		affected by a permit or permit amendment application, not including
176	170		persons who have an interest common to members of the public; and
177	171		(3) establish the deadline for a person who may
178	172		participate under Subdivision (2) to file in the manner required by
179	173		the district a protest and request for a contested case hearing.
180	174		SECTION 9. Section 36.416, Water Code, is amended by adding
181	175		Subsections (d), (e), and (f) to read as follows:
182	176		(d) An administrative law judge who conducts a contested
183	177		case hearing shall consider applicable district rules or policies
184	178		in conducting the hearing, but the district deciding the case may
185	179		not supervise the administrative law judge.
186	180		(e) A district shall provide the administrative law judge
187	181		with a written statement of applicable rules or policies.
188	182		(f) A district may not attempt to influence the finding of
189	183		facts or the administrative law judge's application of the law in a
190	184		contested case except by proper evidence and legal argument.
191	185		SECTION 10. Section 36.4165, Water Code, is amended to read
192	186		as follows:
193	187		Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS. (a)
194	188		In a proceeding for a permit application or amendment in which a
195	189		district has contracted with the State Office of Administrative
196	190		Hearings for a contested case hearing, the board has the authority
197	191		to make a final decision on consideration of a proposal for decision
198	192		issued by an administrative law judge [consistent with Section
199	193		2001.058, Government Code].
200	194		(b) A board may change a finding of fact or conclusion of law
201	195		made by the administrative law judge, or may vacate or modify an
202	196		order issued by the administrative judge, only if the board
203	197		determines:
204	198		(1) that the administrative law judge did not properly
205	199		apply or interpret applicable law, district rules, written policies
206	200		provided under Section 36.416(e), or prior administrative
207	201		decisions;
208	202		(2) that a prior administrative decision on which the
209	203		administrative law judge relied is incorrect or should be changed;
210	204		or
211	205		(3) that a technical error in a finding of fact should
212	206		be changed.
213	207		SECTION 11. The changes in law made by this Act apply only
214	208		to an application for a permit or a permit amendment that is
215	209		received by a groundwater conservation district on or after the
216	210		effective date of this Act. An application for a permit or permit
217	211		amendment that is received before the effective date of this Act is
218	212		governed by the law in effect on the date the application is
219	213		received, and that law is continued in effect for that purpose.
220	214		SECTION 12. This Act takes effect immediately if it
221	215		receives a vote of two-thirds of all the members elected to each
222	216		house, as provided by Section 39, Article III, Texas Constitution.
223	217		If this Act does not receive the vote necessary for immediate
224	218		effect, this Act takes effect September 1, 2015.
225		-	* * * * *
	219	+	______________________________ ______________________________
	220	+	President of the Senate Speaker of the House
	221	+	I certify that H.B. No. 2179 was passed by the House on May 5,
	222	+	2015, by the following vote: Yeas 139, Nays 6, 2 present, not
	223	+	voting.
	224	+	______________________________
	225	+	Chief Clerk of the House
	226	+	I certify that H.B. No. 2179 was passed by the Senate on May
	227	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	228	+	______________________________
	229	+	Secretary of the Senate
	230	+	APPROVED: _____________________
	231	+	Date
	232	+	_____________________
	233	+	Governor