S.B. No. 211
AN ACT
relating to judicial review of acts by the Texas Commission on
Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 361.321(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A person affected by a ruling, order, decision, or other
act of the commission may appeal the action by filing a petition in
a district court of Travis County in the time required by Section
5.351, Water Code.
(c) A [Except as provided by Section 361.322(a), the]
petition described by Subsection (b) must be filed not later than
the 30th day after the date of the ruling, order, decision, or other
act of the governmental entity whose action is appealed. Service of
citation of the petition must be accomplished not later than the
30th day after the date on which the petition is filed.
SECTION 2. Sections 361.322(a) and (f), Health and Safety
Code, are amended to read as follows:
(a) Any person subject to an administrative order under
Section 361.272 may appeal the order by filing a petition in the
time required by Section 5.351, Water Code [before the 46th day
after the date of receipt, hand delivery, or publication service of
the order].
(f) The administrative order is final as to a nonappealing
party on the date by which the person is required to file a petition
under Section 5.351, Water Code [46th day after the date of receipt,
hand delivery, or publication service of the order by, to, or on the
nonappealing party].
SECTION 3. Section 382.032(b), Health and Safety Code, is
amended to read as follows:
(b) The petition must be filed in the time required by
Section 5.351, Water Code, unless [within 30 days after the date of
the commission's or executive director's action or, in the case of a
ruling, order, or decision, within 30 days after the effective date
of the ruling, order, or decision. If] the appeal relates to the
commission's failure to take final action on an application for a
federal operating permit, a reopening of a federal operating
permit, a revision to a federal operating permit, or a permit
renewal application for a federal operating permit in accordance
with Section 382.0542(b), in which case the petition may be filed at
any time before the commission or the executive director takes
final action.
SECTION 4. Sections 5.351(b) and (c), Water Code, are
amended to read as follows:
(b) A person affected by a ruling, order, or decision of the
commission must file a [his] petition within 30 days after the
effective date of the ruling, order, or decision. A person affected
by an act other than a ruling, order, or decision must file a [his]
petition within 30 days after the date the commission performed the
act.
(c) Notwithstanding Subsection (b) or another provision of
law to the contrary, a person affected by a ruling, order, or
decision on a matter delegated to the executive director under
Section 5.122 or other law may, after exhausting any administrative
remedies, file a petition to review, set aside, modify, or suspend
the ruling, order, or decision not later than the 30th day after:
(1) the effective date of the ruling, order, or
decision; or
(2) if the executive director's ruling, order, or
decision is appealed to the commission as authorized by Section
5.122(b) or other law, the earlier of:
(A) the date the commission denies the appeal; or
(B) the date the appeal is overruled by operation
of law in accordance with commission rules.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 211 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 211 passed the House on
May 11, 2021, by the following vote: Yeas 138, Nays 5, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor