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Senate passes bill to let TCEQ review discovery disputes in SOAH contested cases
Summary
The Senate approved a bill requiring administrative law judges to certify scope-of-discovery issues in contested environmental permitting cases to the Texas Commission on Environmental Quality at a party’s request and set time limits for commission consideration and case abatement.
The Senate on Monday passed a committee substitute for Senate Bill 2203 that changes how discovery disputes are handled in contested‑case hearings referred to the State Office of Administrative Hearings (SOAH) from the Texas Commission on Environmental Quality (TCEQ).
Under current practice an administrative law judge (ALJ) is the factfinder in SOAH hearings and issues recommendations to TCEQ commissioners, who make final permit decisions. Sponsors told the Senate that inconsistencies and timing issues in discovery scope disputes have created uncertainty and delay in contested‑case proceedings. SB 2203 directs the ALJ to certify scope‑of‑discovery questions to TCEQ commissioners upon a motion by either party and creates a rulemaking requirement for the agencies to adopt procedures for the certification process. The bill also imposes a 15‑day timeframe for the commissioners to decide whether to consider a certified question; if the commission does not consider the question within 15 days the certification expires. The bill clarifies how an ALJ may abate contested‑case deadlines while a certified question is pending, and limits indefinite tolling.
Senator Birdwell outlined the bill’s intent during floor debate and filed a floor amendment to specify certification upon party motion, to set the 15‑day rule and to limit abatement to one business day after the commission considers or the certification expires. The amendment was adopted without objection. After amendments were adopted, the Senate passed the committee substitute on final reading; the floor record shows a reported vote of 29 ayes and 1 nay for final passage.
Supporters said the change will provide clearer procedures and reduce inconsistent discovery rulings that can lengthen and complicate contested cases; the bill directs TCEQ and SOAH to jointly adopt rules and clarifies timing around certification and abatement.
