Texas 2019 - 86th Regular

Texas Senate Bill SB1088 Compare Versions

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

Old	New	Differences
1	1	86R14526 JAM-F
2	2	By: Hughes S.B. No. 1088
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedure for acting on an application for a permit
8	8	for a surface coal mining and reclamation operation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 2003, Government Code, is
11	11	amended by adding Section 2003.0465 to read as follows:
12	12	Sec. 2003.0465. HEARINGS FOR RAILROAD COMMISSION. (a) In
13	13	this section:
14	14	(1) "Commission" means the Railroad Commission of
15	15	Texas.
16	16	(2) "Division" means the Surface Mining and
17	17	Reclamation Division of the commission.
18	18	(b) This section applies only to a hearing conducted on
19	19	behalf of the commission under Section 134.062, Natural Resources
20	20	Code.
21	21	(c) Each issue considered in a hearing referred by the
22	22	commission must have been raised in a timely manner by an affected
23	23	person in a comment submitted by that affected person in response to
24	24	a permit application.
25	25	(d) In a contested case hearing, the filing with the hearing
26	26	examiner of the final technical assessment of the application, the
27	27	application, the recommendation for the issuance of the permit by
28	28	the division, and other sufficient supporting documentation in the
29	29	administrative record of the permit application establishes a prima
30	30	facie demonstration that:
31	31	(1) the application meets all state and federal legal
32	32	and technical requirements; and
33	33	(2) a permit, if issued consistent with the
34	34	application and the final technical assessment of the division,
35	35	would be eligible for the required findings under Section 134.066,
36	36	Natural Resources Code.
37	37	(e) A party may rebut a demonstration under Subsection (d)
38	38	by presenting evidence that:
39	39	(1) relates to an issue for which a hearing is
40	40	conducted by the commission under Section 134.062, Natural
41	41	Resources Code; and
42	42	(2) demonstrates that one or more provisions proposed
43	43	in the application violate a specifically applicable state or
44	44	federal requirement.
45	45	(f) A party rebutting under Subsection (e) a demonstration
46	46	made under Subsection (d) bears the burden of persuasion.
47	47	(g) If in accordance with Subsections (e) and (f) a party
48	48	rebuts a demonstration made under Subsection (d), the applicant or
49	49	the division may present additional evidence in rebuttal to support
50	50	the application.
51	51	SECTION 2. Section 134.062, Natural Resources Code, is
52	52	amended by adding Subsections (c) and (d) to read as follows:
53	53	(c) For the purpose of a contested case hearing held by or
54	54	for the commission, "affected person," "person affected," or
55	55	"person who may be affected" means a person who has a personal
56	56	justiciable interest related to a legal right, duty, privilege,
57	57	power, or economic interest affected by the contested case hearing.
58	58	An interest common to members of the public does not qualify as a
59	59	personal justiciable interest.
60	60	(d) In determining whether a person has a personal
61	61	justiciable interest or whether an affected association is entitled
62	62	to standing in a contested case hearing within the commission's
63	63	jurisdiction, the commission:
64	64	(1) may consider:
65	65	(A) the merits of the underlying application,
66	66	including whether the application meets the requirements for permit
67	67	issuance;
68	68	(B) the likely effect of regulated activity on
69	69	the health and safety of the hearing requestor, and the use of the
70	70	hearing requestor's property;
71	71	(C) the administrative record, including the
72	72	permit application and any supporting documentation;
73	73	(D) the analysis and opinions of the Surface
74	74	Mining and Reclamation Division of the commission;
75	75	(E) whether the interest claimed is protected by
76	76	the law governing the permit that is the subject of the application;
77	77	(F) whether a reasonable relationship exists
78	78	between the interest claimed and the regulated activity;
79	79	(G) the likely effect of the regulated activity
80	80	on the use of the affected natural resource by the person;
81	81	(H) for a governmental entity, the entity's
82	82	statutory authority over issues relevant to the application; and
83	83	(I) any other expert reports, affidavits,
84	84	opinions, or information submitted on or before any applicable
85	85	deadline to the commission by the executive director, the
86	86	applicant, or a hearing requestor; and
87	87	(2) may not find that:
88	88	(A) a group or association is an affected person
89	89	unless the group or association identifies, by name and physical
90	90	address in a timely request for a contested case hearing, a member
91	91	of the group or association who would be an affected person in the
92	92	person's own right; or
93	93	(B) a hearing requestor is an affected person
94	94	unless the hearing requestor timely submitted comments on the
95	95	permit application.
96	96	SECTION 3. (a) The changes in law made by this Act apply
97	97	only to:
98	98	(1) a permit application that is filed with the
99	99	Railroad Commission of Texas on or after the effective date of this
100	100	Act; or
101	101	(2) a judicial proceeding initiated on or after the
102	102	effective date of this Act that challenges an act or decision of the
103	103	Railroad Commission of Texas made during a permit proceeding.
104	104	(b) A permit application filed or a judicial proceeding
105	105	initiated before the effective date of this Act is governed by the
106	106	law in effect when the permit application was filed or the judicial
107	107	proceeding was initiated, and the former law is continued in effect
108	108	for that purpose.
109	109	SECTION 4. This Act takes effect September 1, 2019.