Texas 2017 - 85th Regular

Texas House Bill HB3525 Compare Versions

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

Old	New	Differences
1	1	85R1965 SLB-F
2	2	By: Price H.B. No. 3525
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the referral by the Texas Commission on Environmental
8	8	Quality to the State Office of Administrative Hearings of an issue
9	9	regarding an application for a water right.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.133, Water Code, is amended to read as
12	12	follows:
13	13	Sec. 11.133. HEARING. (a) At the time and place stated in
14	14	the notice, the commission shall hold a hearing on the application.
15	15	Any person may appear at the hearing in person or by attorney or may
16	16	enter an [his] appearance in writing. Any person who appears may
17	17	present objection to the issuance of the permit. The commission may
18	18	receive evidence, orally or by affidavit, in support of or in
19	19	opposition to the issuance of the permit, and it may hear arguments.
20	20	(b) The commission may not refer an issue regarding an
21	21	application to the State Office of Administrative Hearings for a
22	22	hearing unless the commission determines that the issue is:
23	23	(1) a disputed question of fact or a disputed mixed
24	24	question of law and fact; and
25	25	(2) relevant and material to a decision on the
26	26	application.
27	27	(c) If the commission grants a request for a hearing, the
28	28	commission shall:
29	29	(1) determine the number and scope of issues to be
30	30	referred to the State Office of Administrative Hearings for a
31	31	hearing; and
32	32	(2) consistent with the nature and number of issues to
33	33	be considered at the hearing, specify the maximum expected duration
34	34	of the proceeding, beginning with the holding of the preliminary
35	35	hearing and concluding with the issuance of the proposal for
36	36	decision, which may not exceed a period of 270 days.
37	37	(d) The administrative law judge who conducts the hearing
38	38	may extend the proceeding beyond the period specified by the
39	39	commission under Subsection (c)(2) if the administrative law judge
40	40	determines that failure to extend the proceeding would deprive a
41	41	party of due process or another constitutional right.
42	42	(e) If the commission refers an application to the State
43	43	Office of Administrative Hearings, the administrative law judge who
44	44	conducts the hearing may not grant party status to an affected
45	45	person who objects to the application if the person failed to submit
46	46	a request to the commission for a hearing in accordance with Section
47	47	11.132. This subsection does not apply to the applicant, the office
48	48	of public interest counsel, or the executive director.
49	49	(f) In the event of a conflict between this section and any
50	50	other law, this section prevails.
51	51	SECTION 2. (a) As soon as practicable after the effective
52	52	date of this Act, the Texas Commission on Environmental Quality
53	53	shall adopt rules to implement the changes in law made by this Act.
54	54	(b) The changes in law made by this Act apply only to an
55	55	application for a new or amended water right received by the Texas
56	56	Commission on Environmental Quality on or after the effective date
57	57	of the rules adopted under Subsection (a) of this section. An
58	58	application received before the effective date of the rules adopted
59	59	under Subsection (a) of this section is governed by the law in
60	60	effect on the date the application was received, and the former law
61	61	is continued in effect for that purpose.
62	62	SECTION 3. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2017.