SB2203 - Relating to the certification of discovery issues to the Texas Commission on Environmental Quality in contested cases referred to the State Office of Administrative Hearings by the commission.

      By: Birdwell S.B. No. 2203     (Darby)           A BILL TO BE ENTITLED   AN ACT   relating to the certification of discovery issues to the Texas   Commission on Environmental Quality in contested cases referred to   the State Office of Administrative Hearings by the commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2003.047, Government Code, is amended by   amending Subsection (i) and adding Subsection (i-4) to read as   follows:          (i)  The office and the commission jointly shall adopt rules   providing for certification to the commission of an issue that   involves an ultimate finding of compliance with or satisfaction of   a statutory standard the determination of which is committed to the   discretion or judgment of the commission by law. Each agency shall   publish the jointly adopted rules. The rules must :                 (1)   address, at a minimum, the issues that are   appropriate for certification and the procedure to be used in   certifying the issue ;                 (2)     provide that on a motion made by a party, the   administrative law judge shall promptly certify to the commission   any issue relating to the scope of discovery under Subsection (g);   and                 (3)     provide that certification of an issue expires by   operation of law if the certified issue is not set for the   commission's consideration within 15 days after the date the   administrative law judge files with the chief clerk a request for   the commission to answer the certified issue . [ Each agency shall   publish the jointly adopted rules. ]           (i-4)     Following certification to the commission of an issue   relating to the scope of discovery under Subsection (g), the   administrative law judge may abate the deadline specified by   Subsection (e-2) until the first business day following the earlier   of:                 (1)     the commission's consideration of the certified   issue; or                 (2)     the expiration by operation of law of the issue's   certification.          SECTION 2.  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, 2025.