Texas 2015 - 84th Regular

Texas Senate Bill SB1414 Compare Versions

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

Old	New	Differences
1	1	By: Estes S.B. No. 1414
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to hearings that concern the issuance of permits by a
7	7	groundwater conservation district.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 36.403, Water Code, is amended to read as
10	10	follows:
11	11	Sec. 36.403. SCHEDULING OF PUBLIC HEARING. (a) The
12	12	general manager or board may schedule a public hearing on permit or
13	13	permit amendment applications received by the district as
14	14	necessary, as provided by Section 36.114.
15	15	(b) The general manager or board may schedule more than one
16	16	application for consideration at a public hearing.
17	17	(c) A public hearing must be held at the district office or
18	18	regular meeting location of the board unless the board provides for
19	19	hearings to be held at a different location.
20	20	(d) A public hearing may be held in conjunction with a
21	21	regularly scheduled board meeting.
22	22	SECTION 2. Sections 36.404(a) and (d), Water Code, are
23	23	amended to read as follows:
24	24	(a) If the general manager or board schedules a public
25	25	hearing on an application for a permit or permit amendment, the
26	26	general manager or board shall give notice of the hearing as
27	27	provided by this section.
28	28	(d) A person may request notice from the district of a
29	29	public hearing on a permit or a permit amendment application. The
30	30	request must be in writing and is effective for the remainder of the
31	31	calendar year in which the request is received by the district. To
32	32	receive notice of a public hearing in a later year, a person must
33	33	submit a new request. An affidavit of an officer or employee of the
34	34	district establishing attempted service by first class mail,
35	35	facsimile, or e-mail to the person in accordance with the
36	36	information provided by the person is proof that notice was
37	37	provided by the district.
38	38	SECTION 3. Section 36.405, Water Code, is amended to read as
39	39	follows:
40	40	Sec. 36.405. HEARING REGISTRATION. The district may
41	41	require each person who participates in a public hearing to submit a
42	42	hearing registration form stating:
43	43	(1) the person's name;
44	44	(2) the person's address; and
45	45	(3) whom the person represents, if the person is not
46	46	there in the person's individual capacity.
47	47	SECTION 4. Subchapter M, Chapter 36, Water Code, is amended
48	48	by adding Section 36.4051 to read as follows:
49	49	Sec. 36.4051. BOARD ACTION; CONTESTED CASE HEARING
50	50	REQUESTS; PRELIMINARY HEARING. (a) The board may take action on
51	51	any uncontested application at a properly noticed public meeting
52	52	held at any time after the public hearing at which the application
53	53	is scheduled to be heard. The board may issue a written order to:
54	54	(1) grant the application;
55	55	(2) grant the application with special conditions; or
56	56	(3) deny the application.
57	57	(b) The board shall schedule a preliminary hearing to hear a
58	58	request for a contested case hearing filed in accordance with rules
59	59	adopted under Section 36.415. The preliminary hearing may be
60	60	conducted by:
61	61	(1) a quorum of the board;
62	62	(2) an individual to whom the board has delegated in
63	63	writing the responsibility to preside as a hearing examiner over
64	64	the hearing or matters related to the hearing; or
65	65	(3) the State Office of Administrative Hearings under
66	66	Section 36.416.
67	67	(c) Following a preliminary hearing, the board shall
68	68	determine whether any person requesting the contested case hearing
69	69	has standing to make that request and whether a justiciable issue
70	70	related to the application has been raised. If the board determines
71	71	that no person who requested a contested case hearing had standing
72	72	or that no justiciable issues were raised, the board may take any
73	73	action authorized under Subsection (a).
74	74	(d) An applicant may, not later than the 20th day after the
75	75	date the board issues an order granting the application, demand a
76	76	contested case hearing if the order:
77	77	(1) includes special conditions that were not part of
78	78	the application as finally submitted; or
79	79	(2) grants a maximum amount of groundwater production
80	80	that is less than the amount requested in the application.
81	81	SECTION 5. Section 36.406(d), Water Code, is amended to
82	82	read as follows:
83	83	(d) The presiding officer may:
84	84	(1) convene the hearing at the time and place
85	85	specified in the notice;
86	86	(2) set any necessary additional hearing dates;
87	87	(3) designate the parties regarding a contested
88	88	application;
89	89	(4) establish the order for presentation of evidence;
90	90	(5) administer oaths to all persons presenting
91	91	testimony;
92	92	(6) examine persons presenting testimony;
93	93	(7) ensure that information and testimony are
94	94	introduced as conveniently and expeditiously as possible without
95	95	prejudicing the rights of any party;
96	96	(8) prescribe reasonable time limits for testimony and
97	97	the presentation of evidence; [and]
98	98	(9) exercise the procedural rules adopted under
99	99	Section 36.415; and
100	100	(10) determine how to apportion among the parties the
101	101	costs related to:
102	102	(A) a contract for the services of a presiding
103	103	officer; and
104	104	(B) the preparation of the official hearing
105	105	record.
106	106	SECTION 6. Section 36.410, Water Code, is amended to read as
107	107	follows:
108	108	Sec. 36.410. PROPOSAL FOR DECISION [REPORT]. (a) Except
109	109	as provided by Subsection (e), the presiding officer shall submit a
110	110	proposal for decision [report] to the board not later than the 30th
111	111	day after the date the evidentiary [a] hearing is concluded.
112	112	(b) The proposal for decision [report] must include:
113	113	(1) a summary of the subject matter of the hearing;
114	114	(2) a summary of the evidence or public comments
115	115	received; and
116	116	(3) the presiding officer's recommendations for board
117	117	action on the subject matter of the hearing.
118	118	(c) The presiding officer or general manager shall provide a
119	119	copy of the proposal for decision [report] to:
120	120	(1) the applicant; and
121	121	(2) each [person who provided comments or each]
122	122	designated party.
123	123	(d) A party [person who receives a copy of the report under
124	124	Subsection (c)] may submit to the board written exceptions to the
125	125	proposal for decision [report].
126	126	(e) If the hearing was conducted by a quorum of the board and
127	127	if the presiding officer prepared a record of the hearing as
128	128	provided by Section 36.408(a), the presiding officer shall
129	129	determine whether to prepare and submit a proposal for decision
130	130	[report] to the board under this section.
131	131	(f) The board shall consider the proposal for decision at a
132	132	final hearing. Additional evidence may not be presented during a
133	133	final hearing. The parties may present oral argument at a final
134	134	hearing to summarize the evidence, present legal argument, or argue
135	135	an exception to the proposal for decision. A final hearing may be
136	136	continued as provided by Section 36.409.
137	137	SECTION 7. Sections 36.412(a), (b), and (c), Water Code,
138	138	are amended to read as follows:
139	139	(a) An applicant in a contested or uncontested hearing on an
140	140	application or a party to a contested hearing may administratively
141	141	appeal a decision of the board on a permit or permit amendment
142	142	application by requesting written findings and conclusions [or a
143	143	rehearing before the board] not later than the 20th day after the
144	144	date of the board's decision.
145	145	(b) On receipt of a timely written request, the board shall
146	146	make written findings and conclusions regarding a decision of the
147	147	board on a permit or permit amendment application. The board shall
148	148	provide certified copies of the findings and conclusions to the
149	149	person who requested them, and to each [person who provided
150	150	comments or each] designated party, not later than the 35th day
151	151	after the date the board receives the request. A party to a
152	152	contested hearing [person who receives a certified copy of the
153	153	findings and conclusions from the board] may request a rehearing
154	154	[before the board] not later than the 20th day after the date the
155	155	board issues the findings and conclusions.
156	156	(c) A request for rehearing must be filed in the district
157	157	office and must state the grounds for the request. If the original
158	158	hearing was a contested hearing, the party [person] requesting a
159	159	rehearing must provide copies of the request to all parties to the
160	160	hearing.
161	161	SECTION 8. Section 36.415(b), Water Code, is amended to
162	162	read as follows:
163	163	(b) In adopting the rules, a district shall:
164	164	(1) define under what circumstances an application is
165	165	considered contested; [and]
166	166	(2) limit participation in a hearing on a contested
167	167	application to persons who have a personal justiciable interest
168	168	related to a legal right, duty, privilege, power, or economic
169	169	interest that is within a district's regulatory authority and
170	170	affected by a permit or permit amendment application, not including
171	171	persons who have an interest common to members of the public; and
172	172	(3) establish the deadline for a person who may
173	173	participate under Subdivision (2) to file in the manner required by
174	174	the district a protest and request for a contested case hearing.
175	175	SECTION 9. Section 36.416, Water Code, is amended by adding
176	176	Subsections (d), (e), and (f) to read as follows:
177	177	(d) An administrative law judge who conducts a contested
178	178	case hearing shall consider applicable district rules or policies
179	179	in conducting the hearing, but the district deciding the case may
180	180	not supervise the administrative law judge.
181	181	(e) A district shall provide the administrative law judge
182	182	with a written statement of applicable rules or policies.
183	183	(f) A district may not attempt to influence the finding of
184	184	facts or the administrative law judge's application of the law in a
185	185	contested case except by proper evidence and legal argument.
186	186	SECTION 10. Section 36.4165, Water Code, is amended to read
187	187	as follows:
188	188	Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS.
189	189	(a) In a proceeding for a permit application or amendment in which
190	190	a district has contracted with the State Office of Administrative
191	191	Hearings for a contested case hearing, the board has the authority
192	192	to make a final decision on consideration of a proposal for decision
193	193	issued by an administrative law judge [consistent with Section
194	194	2001.058, Government Code].
195	195	(b) A board may change a finding of fact or conclusion of law
196	196	made by the administrative law judge, or may vacate or modify an
197	197	order issued by the administrative judge, only if the board
198	198	determines:
199	199	(1) that the administrative law judge did not properly
200	200	apply or interpret applicable law, district rules, written policies
201	201	provided under Section 36.416(e), or prior administrative
202	202	decisions;
203	203	(2) that a prior administrative decision on which the
204	204	administrative law judge relied is incorrect or should be changed;
205	205	or
206	206	(3) that a technical error in a finding of fact should
207	207	be changed.
208	208	SECTION 11. The changes in law made by this Act apply only
209	209	to an application for a permit or a permit amendment that is
210	210	received by a groundwater conservation district on or after the
211	211	effective date of this Act. An application for a permit or permit
212	212	amendment that is received before the effective date of this Act is
213	213	governed by the law in effect on the date the application is
214	214	received, and that law is continued in effect for that purpose.
215	215	SECTION 12. This Act takes effect immediately if it
216	216	receives a vote of two-thirds of all the members elected to each
217	217	house, as provided by Section 39, Article III, Texas Constitution.
218	218	If this Act does not receive the vote necessary for immediate
219	219	effect, this Act takes effect September 1, 2015.