| 3 | 2 | | |
|---|
| 4 | 3 | | |
|---|
| 5 | 4 | | A BILL TO BE ENTITLED |
|---|
| 6 | 5 | | AN ACT |
|---|
| 7 | 6 | | relating to judicial review of acts by the Texas Commission on |
|---|
| 8 | 7 | | Environmental Quality. |
|---|
| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 9 | | SECTION 1. Sections 361.321(a) and (c), Health and Safety |
|---|
| 11 | 10 | | Code, are amended to read as follows: |
|---|
| 12 | 11 | | (a) A person affected by a ruling, order, decision, or other |
|---|
| 13 | 12 | | act of the commission may appeal the action by filing a petition in |
|---|
| 14 | 13 | | a district court of Travis County in the time required by Section |
|---|
| 15 | 14 | | 5.351, Water Code. |
|---|
| 16 | 15 | | (c) A [Except as provided by Section 361.322(a), the] |
|---|
| 17 | 16 | | petition described by Subsection (b) must be filed not later than |
|---|
| 18 | 17 | | the 30th day after the date of the ruling, order, decision, or other |
|---|
| 19 | 18 | | act of the governmental entity whose action is appealed. Service of |
|---|
| 20 | 19 | | citation of the petition must be accomplished not later than the |
|---|
| 21 | 20 | | 30th day after the date on which the petition is filed. |
|---|
| 22 | 21 | | SECTION 2. Sections 361.322(a) and (f), Health and Safety |
|---|
| 23 | 22 | | Code, are amended to read as follows: |
|---|
| 24 | 23 | | (a) Any person subject to an administrative order under |
|---|
| 25 | 24 | | Section 361.272 may appeal the order by filing a petition in the |
|---|
| 26 | 25 | | time required by Section 5.351, Water Code [before the 46th day |
|---|
| 27 | 26 | | after the date of receipt, hand delivery, or publication service of |
|---|
| 28 | 27 | | the order]. |
|---|
| 29 | 28 | | (f) The administrative order is final as to a nonappealing |
|---|
| 30 | 29 | | party on the date by which the person is required to file a petition |
|---|
| 31 | 30 | | under Section 5.351, Water Code [46th day after the date of receipt, |
|---|
| 32 | 31 | | hand delivery, or publication service of the order by, to, or on the |
|---|
| 33 | 32 | | nonappealing party]. |
|---|
| 34 | 33 | | SECTION 3. Section 382.032(b), Health and Safety Code, is |
|---|
| 35 | 34 | | amended to read as follows: |
|---|
| 36 | 35 | | (b) The petition must be filed in the time required by |
|---|
| 37 | 36 | | Section 5.351, Water Code, unless [within 30 days after the date of |
|---|
| 38 | 37 | | the commission's or executive director's action or, in the case of a |
|---|
| 39 | 38 | | ruling, order, or decision, within 30 days after the effective date |
|---|
| 40 | 39 | | of the ruling, order, or decision. If] the appeal relates to the |
|---|
| 41 | 40 | | commission's failure to take final action on an application for a |
|---|
| 42 | 41 | | federal operating permit, a reopening of a federal operating |
|---|
| 43 | 42 | | permit, a revision to a federal operating permit, or a permit |
|---|
| 44 | 43 | | renewal application for a federal operating permit in accordance |
|---|
| 45 | 44 | | with Section 382.0542(b), in which case the petition may be filed at |
|---|
| 46 | 45 | | any time before the commission or the executive director takes |
|---|
| 47 | 46 | | final action. |
|---|
| 48 | 47 | | SECTION 4. Sections 5.351(b) and (c), Water Code, are |
|---|
| 49 | 48 | | amended to read as follows: |
|---|
| 50 | 49 | | (b) A person affected by a ruling, order, or decision of the |
|---|
| 51 | 50 | | commission must file a [his] petition within 30 days after the |
|---|
| 52 | 51 | | effective date of the ruling, order, or decision. A person affected |
|---|
| 53 | 52 | | by an act other than a ruling, order, or decision must file a [his] |
|---|
| 54 | 53 | | petition within 30 days after the date the commission performed the |
|---|
| 55 | 54 | | act. |
|---|
| 56 | 55 | | (c) Notwithstanding Subsection (b) or another provision of |
|---|
| 57 | 56 | | law to the contrary, a person affected by a ruling, order, or |
|---|
| 58 | 57 | | decision on a matter delegated to the executive director under |
|---|
| 59 | 58 | | Section 5.122 or other law may, after exhausting any administrative |
|---|
| 60 | 59 | | remedies, file a petition to review, set aside, modify, or suspend |
|---|
| 61 | 60 | | the ruling, order, or decision not later than the 30th day after: |
|---|
| 62 | 61 | | (1) the effective date of the ruling, order, or |
|---|
| 63 | 62 | | decision; or |
|---|
| 64 | 63 | | (2) if the executive director's ruling, order, or |
|---|
| 65 | 64 | | decision is appealed to the commission as authorized by Section |
|---|
| 66 | 65 | | 5.122(b) or other law, the earlier of: |
|---|
| 67 | 66 | | (A) the date the commission denies the appeal; or |
|---|
| 68 | 67 | | (B) the date the appeal is overruled by operation |
|---|
| 69 | 68 | | of law in accordance with commission rules. |
|---|
| 70 | 69 | | SECTION 5. This Act takes effect September 1, 2019. |
|---|