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HB 1865, if passed, would make modifications to the
Government Code (Section 2003.047) and the Water Code (Section 5.115), both
sets of changes regarding environmental permit applications.
The changes made to the Government Code place stricter requirements
on the Texas Commission for Environmental Quality by requiring that contested
cases be heard in a timely manner and that during the hearing only factual or
legal issues are to be considered. All Commission decisions must be made before
the 180th day after the initial submission of the contest. Some
smaller, less drastic, additions are made to the code for the sake of
clarification and making the process slightly stricter.
The changes made to the Water Code expand the areas which
the Commission may consider in the event of a contested case, namely the
potential effects on the health, safety, and use of property of the hearing
requestor. Both sets of amendments make reference to Section 5.556 of the Water
Code which referenced requests for reconsideration or contested case hearing.
Many of the changes made by HB 1865 would be small procedural
changes but they mostly tend to work in the right direction by more clearly
circumscribing the manner in which the Texas Commission on Environmental
Quality is to handle contested case hearings. Placing a 180 day deadline in
place would be particularly helpful. On the grounds of increased transparency
and efficiency we support HB 1865.