Tex. Water Code § 5.556 · Subchapter M. ENVIRONMENTAL PERMITTING PROCEDURES
REQUEST FOR RECONSIDERATION OR CONTESTED CASE HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person may request that the commission reconsider the executive director's decision or hold a contested case hearing. A request must be filed with the commission during the period provided by commission rule.
(b) The commission shall act on a request during the period provided by commission rule.
(c) The commission may not grant a request for a contested case hearing unless the commission determines that the request was filed by an affected person as defined by Section 5.115.
(d) The commission may not refer an issue to the State Office of Administrative Hearings for a hearing unless the commission determines that the issue:
(1) involves a disputed question of fact;
(2) was raised during the public comment period; and
(3) is relevant and material to the decision on the application.
(e) If the commission grants a request for a contested case hearing it shall:
(1) limit the number and scope of the issues to be referred to the State Office of Administrative Hearings for a hearing; and
(2) consistent with the nature and number of the issues to be considered at the hearing, specify the maximum expected duration of the hearing.
(f) This section does not preclude the commission from holding a hearing if it determines that the public interest warrants doing so.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/WA/htm/WA.5.htm
- Text hash
- sha256 4bcd9305991ea3a5ed1db6b5e0ee61eea992a278c61724c6822a946868b6a090
- 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 6 provisions
Provisions in this library whose text cites Tex. Water Code § 5.556. Each shows the citation as that text prints it.
Health and Safety Code
Water Code
- Tex. Water Code § 5.115PERSONS AFFECTED IN COMMISSION HEARINGS; NOTICE OF APPLICATION.Printed as Section 5.556
- Tex. Water Code § 5.5553NOTICE OF DRAFT PERMIT.Printed as Section 5.556 or 5.557
- Tex. Water Code § 5.557DIRECT REFERRAL TO CONTESTED CASE HEARING.Printed as Sections 5.554, 5.555, and 5.556
- Tex. Water Code § 27.0513AREA PERMITS AND PRODUCTION AREAS FOR URANIUM MINING.Printed as Sections 5.551, 5.556, 27.011, and 27.018
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.