Bill Text: TX SB2354 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to judicial review of acts by the Texas Commission on Environmental Quality.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-15 - Committee report sent to Calendars [SB2354 Detail]

Download: Texas-2019-SB2354-Comm_Sub.html
 
 
  By: Zaffirini S.B. No. 2354
 
  (Lozano)
 
   
 
 
A BILL TO BE ENTITLED
 
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, 2019.
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