HB 3249
AN ACT relating to rules providing for certification of issues to the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Amends the Government Code to require the Texas Commission on Environmental Quality and the State Office of Administrative Hearings to jointly create rules for certifying specific issues in contested environmental cases. These rules must outline which issues can be certified for commission review, establish a clear certification procedure, and mandate that any discovery scope disputes be promptly certified to the commission by administrative law judges.
Subject Areas
Bill Text
relating to rules providing for certification of issues to the Texas Commission on Environmental Quality in contested cases referred to the State Office of Administrative Hearings by the BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2003.047(i), Government Code, is amended (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 (2) provide that any issue raised by a party relating to the scope of discovery under Subsection (g) shall be promptly certified by the administrative law judge to the commission. [Each agency shall publish the jointly adopted rules.] 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.
Bill History
Bill filed: AN ACT relating to rules providing for certification of issues to the
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