Bill Text: TX HB1247 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to presumptions in contested case hearings regarding certain environmental permit applications.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2015-04-21 - Reported favorably w/o amendment(s) [HB1247 Detail]
Download: Texas-2015-HB1247-Introduced.html
84R5526 SLB-F | ||
By: Smith | H.B. No. 1247 |
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relating to presumptions in contested case hearings regarding | ||
certain environmental permit applications. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2003.047, Government Code, is amended by | ||
adding Subsections (i-1), (i-2), and (i-3) to read as follows: | ||
(i-1) In a contested case regarding a permit application, | ||
the filing with the office of the draft permit prepared by the | ||
executive director of the commission, the preliminary decision | ||
issued by the executive director, and other supporting | ||
documentation in the administrative record of the permit | ||
application establishes a prima facie presumption that: | ||
(1) the permit application meets all state and federal | ||
legal and technical requirements; and | ||
(2) a permit, if issued consistent with the draft | ||
permit, would protect human health and safety and the environment. | ||
(i-2) A party may rebut a presumption established under | ||
Subsection (i-1) by establishing by a preponderance of the evidence | ||
that: | ||
(1) the draft permit violates a specific state or | ||
federal legal or technical requirement; or | ||
(2) the applicant, before the issuance of the draft | ||
permit, intentionally withheld or misrepresented information | ||
relevant to the permit application that, if known, would likely | ||
have resulted in the denial of the application. | ||
(i-3) If in accordance with Subsection (i-2) a party rebuts | ||
a presumption established under Subsection (i-1), the applicant may | ||
present additional evidence to support the draft permit. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an administrative hearing that is set by the State Office of | ||
Administrative Hearings on or after the effective date of this Act. | ||
A hearing set before the effective date of this Act, or any decision | ||
issued or appeal from the hearing, is governed by the law in effect | ||
when the hearing was set, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |