85R1965 SLB-F     By: Price H.B. No. 3525       A BILL TO BE ENTITLED   AN ACT   relating to the referral by the Texas Commission on Environmental   Quality to the State Office of Administrative Hearings of an issue   regarding an application for a water right.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.133, Water Code, is amended to read as   follows:          Sec. 11.133.  HEARING. (a) At the time and place stated in   the notice, the commission shall hold a hearing on the application.   Any person may appear at the hearing in person or by attorney or may   enter an [his] appearance in writing. Any person who appears may   present objection to the issuance of the permit. The commission may   receive evidence, orally or by affidavit, in support of or in   opposition to the issuance of the permit, and it may hear arguments.          (b)  The commission may not refer an issue regarding an   application to the State Office of Administrative Hearings for a   hearing unless the commission determines that the issue is:                (1)  a disputed question of fact or a disputed mixed   question of law and fact; and                (2)  relevant and material to a decision on the   application.          (c)  If the commission grants a request for a hearing, the   commission shall:                (1)  determine the number and scope of issues to be   referred to the State Office of Administrative Hearings for a   hearing; and                (2)  consistent with the nature and number of issues to   be considered at the hearing, specify the maximum expected duration   of the proceeding, beginning with the holding of the preliminary   hearing and concluding with the issuance of the proposal for   decision, which may not exceed a period of 270 days.          (d)  The administrative law judge who conducts the hearing   may extend the proceeding beyond the period specified by the   commission under Subsection (c)(2) if the administrative law judge   determines that failure to extend the proceeding would deprive a   party of due process or another constitutional right.          (e)  If the commission refers an application to the State   Office of Administrative Hearings, the administrative law judge who   conducts the hearing may not grant party status to an affected   person who objects to the application if the person failed to submit   a request to the commission for a hearing in accordance with Section   11.132. This subsection does not apply to the applicant, the office   of public interest counsel, or the executive director.          (f)  In the event of a conflict between this section and any   other law, this section prevails.          SECTION 2.  (a)  As soon as practicable after the effective   date of this Act, the Texas Commission on Environmental Quality   shall adopt rules to implement the changes in law made by this Act.          (b)  The changes in law made by this Act apply only to an   application for a new or amended water right received by the Texas   Commission on Environmental Quality on or after the effective date   of the rules adopted under Subsection (a) of this section. An   application received before the effective date of the rules adopted   under Subsection (a) of this section is governed by the law in   effect on the date the application was received, and the former law   is continued in effect for that purpose.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.