Tex. Water Code § 36.418 · Subchapter M. PERMIT AND PERMIT AMENDMENT APPLICATIONS; NOTICE AND HEARING PROCESS
RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority to issue a subpoena, require a deposition, or order other discovery.
(b) Except as provided by this section and Sections 36.416 and 36.4165, Chapter 2001, Government Code, does not apply to a hearing under this subchapter.
(c) The district shall adopt rules to:
(1) establish a procedure for preliminary and evidentiary hearings;
(2) allow the presiding officer, at a preliminary hearing by the district and before a referral of the case to the State Office of Administrative Hearings, to determine a party's right to participate in a hearing according to Section 36.415(b)(2); and
(3) set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings under Section 36.416.
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. 4, eff. May 12, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 5, eff. May 12, 2011.
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 ac7fa89f5a48e5e72b3ca0a668cb7703658b62e79def9e4d7c7a2aaab324939c
- 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.
Government Code
Water Code
- Tex. Water Code § 36.415RULES; ADDITIONAL PROCEDURES.Printed as Section 36.415(b)(2)
- Tex. Water Code § 36.416HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS; RULES.Printed as Section 36.416 | Sections 36.416 and 36.4165
- Tex. Water Code § 36.4165FINAL DECISION; CONTESTED CASE HEARINGS.Printed as 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.