Texas 2019 - 86th Regular

Texas House Bill HB3114

Caption

Relating to contested case hearings on matters under the jurisdiction of the Texas Commission on Environmental Quality.

Impact

The bill introduces significant changes to how contested case hearings are conducted by allowing the TCEQ to employ or contract with administrative law judges. These judges are granted specific powers to administer oaths, take testimony, rule on evidence issues, and issue sanctions for abuses of process. Additionally, the legislation outlines clearer timelines for completing proceedings, thus ensuring timely decisions on permit applications while balancing the need for thorough public participation in environmental matters.

Summary

House Bill 3114 addresses administrative procedures related to contested case hearings that fall under the jurisdiction of the Texas Commission on Environmental Quality (TCEQ). This legislation amends the Water Code to provide clearer guidelines for the appointment and powers of administrative law judges who preside over these hearings. It aims to streamline the process and reduce uncertainty regarding hearing procedures for permit applications, ultimately improving the efficiency of decision-making within TCEQ's framework.

Sentiment

The general sentiment around HB3114 appears to be supportive among proponents who see it as a step towards more efficient regulatory processes. Supporters argue that the bill will lead to more reliable and quicker outcomes for businesses and agencies applying for permits. However, there are concerns among environmental advocates regarding the potential for diminishing public participation and oversight in the permit process. Critics suggest that while efficiency is important, it should not come at the cost of thorough environmental review and public engagement.

Contention

A notable point of contention in the discussions surrounding HB3114 is the balance between expediency in the permit process and the necessity for robust regulatory oversight and public comment opportunities. Critics highlight that expedited processes without adequate safeguards could undermine environmental protections. Additionally, concerns have been raised about the independence of administrative law judges and their ability to make impartial decisions, especially given their employment by the TCEQ. This tension between regulatory efficiency and environmental stewardship is central to the ongoing debate about the bill.

Companion Bills

No companion bills found.

Previously Filed As

TX HB935

Relating to public comments on matters subject to a hearing under the jurisdiction of the Texas Commission on Environmental Quality.

TX HB934

Relating to the definition of "affected person" for purposes of a contested case hearing held by or for the Texas Commission on Environmental Quality regarding certain environmental permit applications.

TX SB1397

Relating to the continuation and functions of the Texas Commission on Environmental Quality.

TX HB1505

Relating to the continuation and functions of the Texas Commission on Environmental Quality.

TX HB2905

Relating to air quality permits issued by the Texas Commission on Environmental Quality.

TX HB2437

Relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality; authorizing the assessment or increase of civil and administrative penalties.

TX SB788

Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality.

TX HB4254

Relating to decisions of an administrative law judge of the State Office of Administrative Hearings in contested cases.

TX HB4856

Relating to the jurisdiction of the Texas Commission on Environmental Quality over certain recharge injection wells.

TX HB4874

Relating to notice of a water right amendment filed with the Texas Commission on Environmental Quality regarding a change in purpose of use.

Similar Bills

PA SB715

Providing for investigations.

PA SB368

Providing for investigations; and imposing duties on the Pennsylvania State Police and the Municipal Police Officers' Education and Training Commission.

TX SB1628

Relating to the replacement of contested case hearings for certain environmental permits with a petition for administrative review.

TX HB2488

Relating to the establishment of an independent agency to function as a tax tribunal.

PA HB1466

In particular rights and immunities, providing for a cause of action on protected public expression and for immunity for protected public expression; and imposing a duty upon the Administrative Office of Pennsylvania Courts and the Legislative Reference Bureau.

TX SB1493

Relating to changing statutory references to hearing officer and hearings officer to administrative law judge under the workers' compensation system.

TX HB2111

Relating to changing statutory references to hearing officer and hearings officer to administrative law judge under the workers' compensation system.

TX SB2403

Relating to the functions and duties of the Texas Ethics Commission.