Texas Senate Bill SB225

Texas 2017 - 85th Regular

• Filed: 11/16/16

Caption

Relating to the referral by the Texas Commission on Environmental Quality to the State Office of Administrative Hearings of an issue regarding an application for a water right.

Impact

The enactment of SB225 is intended to improve the efficiency and clarity of the administrative process surrounding water rights, which has been a contentious point in Texas. By setting forth clearer guidelines for handling referrals, the bill aims to expedite hearings and reduce the backlog that has plagued the system. This legislative change could lead to quicker resolutions for applicants seeking water rights, thereby potentially facilitating better water management amidst ongoing environmental concerns.

Summary

SB225 is a legislative proposal that modifies the procedures by which the Texas Commission on Environmental Quality (TCEQ) refers issues concerning water right applications to the State Office of Administrative Hearings. The bill establishes specific criteria that must be met before such a referral can occur, ensuring that only disputes of fact or mixed questions of law and fact are considered. Additionally, it outlines the responsibilities of the commission regarding the number and scope of issues to be referred, as well as the expected duration of hearings, thereby aiming to create a more streamlined process for handling water right applications in Texas.

Contention

Despite its goal of improving processes, SB225 may face opposition from various stakeholders who are concerned about the implications of limiting who can challenge water right applications. Critics could argue that narrowing the grounds on which issues may be referred to the State Office of Administrative Hearings infringes on opportunities for local communities and other stakeholders to voice their objections or concerns. Such stakeholders often believe that more robust participation in the permit process is necessary to safeguard environmental interests and public rights to water resources.