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Bill would let TCEQ commissioners resolve contested-case discovery disputes; committee substitute adds timing safeguard
Summary
SB 2203 would allow parties in TCEQ contested-case hearings to certify discovery-scope disputes to the TCEQ commissioners; a committee substitute abates SOAH’s 180-day timeline while commissioners decide.
Senate Bill 2203, sponsored by Senator Brian Birdwell, would create a statutory mechanism for parties or applicants in TCEQ contested-case hearings to certify disputes over the scope of discovery to the TCEQ commissioners for resolution. The bill aims to reduce inconsistent rulings on discovery that can prolong or complicate adjudicative proceedings.
The author told the committee that contested cases before the State Office of Administrative Hearings (SOAH) often involve complex legal and technical questions. When an administrative law judge permits discovery that a party…
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