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89(R) SB 3074 - Engrossed version - Bill Text
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.