Tex. Water Code § 36.416 · Subchapter M. PERMIT AND PERMIT AMENDMENT APPLICATIONS; NOTICE AND HEARING PROCESS
HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS; RULES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a district contracts with the State Office of Administrative Hearings to conduct a hearing, the hearing shall be conducted as provided by Subchapters C, D, and F, Chapter 2001, Government Code. The district may adopt rules for a hearing conducted under this section that are consistent with the procedural rules of the State Office of Administrative Hearings.
(b) If requested by the applicant or other party to a contested case, a district shall contract with the State Office of Administrative Hearings to conduct the hearing. If the district does not prescribe a deadline by rule, the applicant or other party must request the hearing before the State Office of Administrative Hearings not later than the 14th day before the date the evidentiary hearing is scheduled to begin. The hearing must be held in Travis County or at a location described by Section 36.403(c). The district shall choose the location.
(c) The party requesting the hearing before the State Office of Administrative Hearings shall pay all costs associated with the contract for the hearing and shall deposit with the district an amount sufficient to pay the contract amount before the hearing begins. At the conclusion of the hearing, the district shall refund any excess money to the paying party. All other costs may be assessed as authorized by this chapter or district rules.
(d) An administrative law judge who conducts a contested case hearing shall consider applicable district rules or policies in conducting the hearing, but the district deciding the case may not supervise the administrative law judge.
(e) A district shall provide the administrative law judge with a written statement of applicable rules or policies.
(f) A district may not attempt to influence the finding of facts or the administrative law judge's application of the law in a contested case except by proper evidence and legal argument.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 2, eff. May 12, 2011.
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 9, eff. June 10, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.36.htm
- Text hash
- sha256 12fa8c8e69edaa535265914d2fe4c377cab8007b849707c3fc28b708ac08d67f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Water Code § 36.416. Each shows the citation as that text prints it.
Water Code
- Tex. Water Code § 36.402APPLICABILITY.Printed as Section 36.416
- Tex. Water Code § 36.4051BOARD ACTION; CONTESTED CASE HEARING REQUESTS; PRELIMINARY HEARING.Printed as Section 36.416
- Tex. Water Code § 36.406HEARING PROCEDURES.Printed as Section 36.416
- Tex. Water Code § 36.4165FINAL DECISION; CONTESTED CASE HEARINGS.Printed as Section 36.416(e)
- Tex. Water Code § 36.418RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.Printed as Section 36.416 | Sections 36.416 and 36.4165
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.