| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to judicial review of acts by the Texas Commission on |
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| 6 | 8 | | Environmental Quality. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Sections 361.321(a) and (c), Health and Safety |
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| 9 | 11 | | Code, are amended to read as follows: |
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| 10 | 12 | | (a) A person affected by a ruling, order, decision, or other |
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| 11 | 13 | | act of the commission may appeal the action by filing a petition in |
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| 12 | 14 | | a district court of Travis County in the time required by Section |
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| 13 | 15 | | 5.351, Water Code. |
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| 14 | 16 | | (c) A [Except as provided by Section 361.322(a), the] |
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| 15 | 17 | | petition described by Subsection (b) must be filed not later than |
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| 16 | 18 | | the 30th day after the date of the ruling, order, decision, or other |
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| 17 | 19 | | act of the governmental entity whose action is appealed. Service of |
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| 18 | 20 | | citation of the petition must be accomplished not later than the |
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| 19 | 21 | | 30th day after the date on which the petition is filed. |
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| 20 | 22 | | SECTION 2. Sections 361.322(a) and (f), Health and Safety |
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| 21 | 23 | | Code, are amended to read as follows: |
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| 22 | 24 | | (a) Any person subject to an administrative order under |
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| 23 | 25 | | Section 361.272 may appeal the order by filing a petition in the |
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| 24 | 26 | | time required by Section 5.351, Water Code [before the 46th day |
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| 25 | 27 | | after the date of receipt, hand delivery, or publication service of |
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| 26 | 28 | | the order]. |
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| 27 | 29 | | (f) The administrative order is final as to a nonappealing |
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| 28 | 30 | | party on the date by which the person is required to file a petition |
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| 29 | 31 | | under Section 5.351, Water Code [46th day after the date of receipt, |
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| 30 | 32 | | hand delivery, or publication service of the order by, to, or on the |
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| 31 | 33 | | nonappealing party]. |
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| 32 | 34 | | SECTION 3. Section 382.032(b), Health and Safety Code, is |
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| 33 | 35 | | amended to read as follows: |
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| 34 | 36 | | (b) The petition must be filed in the time required by |
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| 35 | 37 | | Section 5.351, Water Code, unless [within 30 days after the date of |
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| 36 | 38 | | the commission's or executive director's action or, in the case of a |
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| 37 | 39 | | ruling, order, or decision, within 30 days after the effective date |
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| 38 | 40 | | of the ruling, order, or decision. If] the appeal relates to the |
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| 39 | 41 | | commission's failure to take final action on an application for a |
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| 40 | 42 | | federal operating permit, a reopening of a federal operating |
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| 41 | 43 | | permit, a revision to a federal operating permit, or a permit |
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| 42 | 44 | | renewal application for a federal operating permit in accordance |
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| 43 | 45 | | with Section 382.0542(b), in which case the petition may be filed at |
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| 44 | 46 | | any time before the commission or the executive director takes |
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| 45 | 47 | | final action. |
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| 46 | 48 | | SECTION 4. Sections 5.351(b) and (c), Water Code, are |
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| 47 | 49 | | amended to read as follows: |
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| 48 | 50 | | (b) A person affected by a ruling, order, or decision of the |
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| 49 | 51 | | commission must file a [his] petition within 30 days after the |
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| 50 | 52 | | effective date of the ruling, order, or decision. A person affected |
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| 51 | 53 | | by an act other than a ruling, order, or decision must file a [his] |
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| 52 | 54 | | petition within 30 days after the date the commission performed the |
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| 53 | 55 | | act. |
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| 54 | 56 | | (c) Notwithstanding Subsection (b) or another provision of |
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| 55 | 57 | | law to the contrary, a person affected by a ruling, order, or |
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| 56 | 58 | | decision on a matter delegated to the executive director under |
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| 57 | 59 | | Section 5.122 or other law may, after exhausting any administrative |
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| 58 | 60 | | remedies, file a petition to review, set aside, modify, or suspend |
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| 59 | 61 | | the ruling, order, or decision not later than the 30th day after: |
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| 60 | 62 | | (1) the effective date of the ruling, order, or |
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| 61 | 63 | | decision; or |
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| 62 | 64 | | (2) if the executive director's ruling, order, or |
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| 63 | 65 | | decision is appealed to the commission as authorized by Section |
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| 64 | 66 | | 5.122(b) or other law, the earlier of: |
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| 65 | 67 | | (A) the date the commission denies the appeal; or |
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| 66 | 68 | | (B) the date the appeal is overruled by operation |
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| 67 | 69 | | of law in accordance with commission rules. |
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| 68 | 70 | | SECTION 5. This Act takes effect September 1, 2021. |
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