SB3074 - Relating to communications between the Texas Commission on Environmental Quality and the governor, the lieutenant governor, or a member of the legislature.

      By: Birdwell S.B. No. 3074     A BILL TO BE ENTITLED   AN ACT   relating to communications between the Texas Commission on   Environmental Quality and the governor, the lieutenant governor, or   a member of the legislature.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 5, Water Code, is amended   by adding Section 5.180 to read as follows:           Sec.   5.180.     COMMUNICATIONS WITH CERTAIN GOVERNMENT   OFFICIALS. (a)   Notwithstanding any other law, the governor, the   lieutenant governor, or a member of the legislature may communicate   in writing, including electronically, with a member of the   commission about an application for the issuance, amendment,   modification, or renewal of a permit, or for an authorization to use   a permit, that is pending before the commission.   A member of the   legislature may communicate under this section with the commission   only about an application for a facility or proposed facility that   is located in the member's district.           (b)     A member of the commission shall receive a communication   described by Subsection (a).   An employee of the commission that   receives a communication described by Subsection (a) shall transmit   the communication to the proper member of the commission and the   member shall receive the communication.   The member of the   commission is not required to be recused from the proceedings   related to the application discussed in the communication.           (c)  The commission shall:                 (1)     include in the record of proceedings related to an   application a record of each communication received under this   section about the application; and                 (2)     provide for any party to the proceedings related   to an application about which the commission receives a   communication under this section an opportunity to respond to the   communication.           (d)     The governor, the lieutenant governor, or a member of   the legislature may not communicate with a member of the commission   under this section about an application that affects a business   entity in which the governor, lieutenant governor, or member has a   substantial interest or in which a person related to the governor,   lieutenant governor, or member within the second degree of   consanguinity or affinity has a substantial interest, as described   by Section 572.005, Government Code.           (e)     The commission may establish deadlines for written   communications described by Subsection (a).   A deadline must   provide the maximum amount of time reasonably possible for   communication described by Subsection (a).          SECTION 2.  This Act takes effect September 1, 2025.