[{"_1":2,"_124":-5,"_125":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,112],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6264368,"mediaKeyId","3096769-f136f904fb7c37ee4ab4e4ff66c70b53","parentId",3096769,"title","Bill would let TCEQ commissioners resolve contested-case discovery disputes; committee substitute adds timing safeguard","audioSeconds",220,"startMs",2210000,"endMs",2430000,"viewUrl","/Search/View?dp=1&key=3096769-f136f904fb7c37ee4ab4e4ff66c70b53&start=2210&end=2430","thumbnailUrl","https://assets.pipeline.soar.com/3096769-f136f904fb7c37ee4ab4e4ff66c70b53/thumbnail_2210000.jpg","articleUrl","/articles/6264368/Texas/Bill-would-let-TCEQ-commissioners-resolve-contested-case-discovery-disputes-committee-substitute-adds-timing-safeguard","mediaUrl","https://secure.pipeline.soar.com/6264368-b1b1230e3042290b5a432a4896884ce1/orig.mp4?Expires=1771114233&Signature=JTyMndTT873dNJ4FzywhJALj8cPHW3Mh5zWbAu5y4wJABPV6obPDuGCy3uc8ds5kcmGHr-6ibdZu-CzzZdUhAxpifL6N01VnFi7dcRgjXRcxspxPHyWABVhq-Pmlqxb~CPProZPS8kBLw16oYEUzQ357S7NsiCWmXS3MilDfnTcKwkNuefGaMYcEC-yaxWKDn2ivijHQ-QPlBBU9A9cJYljRf6sEApbRh-be~wEG0RygpbQdJUmSMqHIKMbvjTv80iosw4pwGb-alh1bgdlzp4X2Lu~7EE2Eqk3qayGWO6Xw~ygwDXM0sf1rfEdT31su05CaRRoXLcN-fe7V9POrKg__&Key-Pair-Id=KUT5TJCACFTXG","author","Texas Legislature","date","2025-04-23T00:00:00Z","article","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 believes exceeds the scope of the permit, the party currently has limited recourse if the judge refuses to certify the question to the commissioners. \"This bill ensures that both Protestants and applicants in a contested case have a defined mechanism to resolve scope of discovery disputes,\" the author said in the committee.

Committee substitute: after consultations with SOAH and industry, the committee substitute clarifies timing to protect SOAH’s statutory requirement to complete contested-case hearings in 180 days. The substitute allows SOAH’s 180-day deadline to be abated until one business day after the TCEQ commissioners make a determination on a certified question; it also codifies an existing TCEQ rule practice for processing such questions.

Support and testimony: Emily Lindley of the Texas Association of Manufacturers testified in support, saying the bill promotes consistent application of agency rules. Vasu Bahara, deputy chief administrative law judge at SOAH, and Chris Makum of Waste Management also supported the substitute and said it balanced procedural fairness and administrative efficiency.

Why it matters: supporters said certified questions limited to discovery scope help keep contested-case proceedings focused on whether permits meet statutory and regulatory standards and give the agency discretion to interpret its own rules. The committee substitute was described by SOAH as addressing timing concerns that could otherwise create scheduling conflicts for contested-case completion.

Outcome: public testimony closed and the bill was left pending; the committee substitute was discussed and received support from resource witnesses and industry groups. No final committee vote was taken at this hearing.","mediaType","Video","parentTitle","Senate Committee on Natural Resources April 23, 2025","oneSentenceSummary","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.","taxTitle","Committee on Natural Resources & Economic Development, Senate, Legislative, Texas","taxId",16855,"location","Texas","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6264373,"Senate bill would bar concrete-crushing within 440 yards of hospitals after LBJ community outcry",277,603000,880000,"/Search/View?dp=1&key=3096769-f136f904fb7c37ee4ab4e4ff66c70b53&start=603&end=880","https://assets.pipeline.soar.com/3096769-f136f904fb7c37ee4ab4e4ff66c70b53/thumbnail_603000.jpg","/articles/6264373/Texas/Senate-bill-would-bar-concrete-crushing-within-440-yards-of-hospitals-after-LBJ-community-outcry","https://secure.pipeline.soar.com/6264373-89ef879d094070e0b96495376dd57439/orig.mp4?Expires=1771114233&Signature=Adq9b3~NvzAN8pQsNM-Pl-VqdhDdMT~b1s1QFJUQzpfz7~H7KZHBmL8rTGMTt9KKIpTdrOPHaUDAhunln7xshMl~r3VApYrYnUfacWEstvnzDAzwfN4CwFiWMROCgDVUXwQUDgB7MbB2PFEd-aMC6luSOTQ5PXDmo2GkqS0A-djVDAv5p13mo8AxNulvDQkEO8K5MhMcR0F07GfFaKzOde4s-y5jM4PpgyCneZSf9SXx0ctEcokDPi3uLQ~gzNK54uQx6tXeYNnWshvQ6JoPpClPqBdhfxbhJnDwukCBVv-EBzCPfwPO~-Lya1sKHmLf-Zo1xl9E~JPxZE6hphI-Vw__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 2082, filed by Senator Borris L. Miles, would add hospitals to the list of sensitive sites that rock- and concrete-crushing facilities may not operate within 440 yards. The bill was laid out in the Senate Committee on Natural Resources & Economic Development hearing after community opposition to a proposed crushing operation near Lyndon B. Johnson (LBJ) Hospital in Houston.

The bill’s author described the bill’s purpose and local controversy. \"SB 20 82 is a simple bill. It adds hospitals to the list of places that rock crushing concrete may not operate within 440 yards,\" Senator Miles said, arguing the current standard does not protect medically vulnerable patients. He noted the LBJ site drew more than 630 public comments opposing the permit and said the hospital is \"the busiest level 3 trauma center in Texas\" and an \"irreplaceable link\" in indigent care.

Why it matters: supporters said concrete crushing generates dust, regulated air pollutants, noise, intrusive lighting and heavy truck traffic that can worsen asthma and other health risks for patients, staff and nearby residents. Sarah Utley, environmental division director for the Harris County Attorney’s Office, testified in support and called the bill a \"narrowly tailored solution to a critical policy gap,\" saying hospitals should be afforded the same buffer as residences, schools and places of worship.

Harris Health’s Patrick Casey said the proposed facility would threaten patients and staff and pointed to a major local hospital investment: \"We're currently in construction of the which will be the third level 1 trauma center for the city of Houston. It's about a $2,000,000,000 investment which is supported by the taxpayers.\" Public Citizen’s Adrian Shelley also testified in favor, saying the change aligns statutory siting protections with public-health priorities and cited vulnerable populations—children, the elderly and people with respiratory illnesses—as often concentrated in hospitals.

TCEQ resource witness Samuel Short said the agency’s standard permits are written to protect sensitive populations where feasible, and noted TCEQ held an informational public meeting on Dec. 7, 2023, about the proposed permit. Short said the commission does not track how many crushing facilities nationwide or statewide fall within 440 yards of hospitals and that assembling that dataset would require extensive review of roughly 980 authorizations issued since 2001; he said TCEQ has capacity to do the work but it would take time.

Committee concerns and next steps: senators asked whether the bill’s definition of \"hospital\" might sweep in standalone emergency rooms or clinics. Short said, because the bill does not define \"hospital,\" the agency would likely first use a common dictionary definition and refine coverage during rulemaking; senators signaled they may add a clearer statutory definition in the committee substitute. The chair asked TCEQ to prioritize producing an analysis of how many facilities statewide would be affected.

Outcome: public testimony closed and the bill was left pending with intent to pursue a committee substitute and coordinate with the lieutenant governor’s office. The committee discussed timing for a future hearing and requested the TCEQ data analysis to understand retroactive impacts and grandfathering questions.

Ending: The committee did not take a final vote on SB 2082. Senators said they would continue negotiating language with the lieutenant governor’s office and work on a committee substitute to clarify definitions and potential grandfathering.","Senate Bill 2082, filed by Senator Borris L. Miles, would add hospitals to the list of sensitive sites that rock- and concrete-crushing facilities may not operate within 440 yards.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6264353,"Committee reports four measures to full Senate; committee adopts substitutes on several bills",111,2714000,2825000,"/Search/View?dp=1&key=3096769-f136f904fb7c37ee4ab4e4ff66c70b53&start=2714&end=2825","https://assets.pipeline.soar.com/3096769-f136f904fb7c37ee4ab4e4ff66c70b53/thumbnail_2714000.jpg","/articles/6264353/Texas/Committee-reports-four-measures-to-full-Senate-committee-adopts-substitutes-on-several-bills","https://secure.pipeline.soar.com/6264353-19bfb9564df5359f64ce7ca4394da27a/orig.mp4?Expires=1771114233&Signature=mf6wUH4ivVJNVoWT3rkpb9OssOjglCc9iJsGD5bcAbtv9uB9yvn9BsC3T3~Z5D2BdlHwPsAo9b2f59zDFFS03NzvCgbl6vkiZGdnAGaVIrl96VhiJUUJLbu02CGZMtpqJBdKG3Cjyh~HrAlDmXRZSm1nn6yskPUppdVRzQIx1Aftf8SBvMhu-Pn1Ngfsg3keFgmNU1sAryFCstbJ7gKff5HSs90Df-mKeOTdau14iIWYlTnH7-lpOIYs4Q~jCBTu6sx-KJggRU~gvCMs0uDnczfFbwweKvUitHcpaGc2-QOGFGk3KsZdABF09iG3mCn9-Vcqxj1XwcZZ9RVExxHRLw__&Key-Pair-Id=KUT5TJCACFTXG","The Senate Committee on Natural Resources & Economic Development completed several formal committee actions during the hearing.

Key committee actions and votes at a glance:

- Committee Substitute, SB 4 10 (reported as substituted): Senator Hancock moved adoption of the committee substitute; no objection was recorded and the substitute was adopted. The committee then voted to report SB 4 10 to the full Senate with the recommendation that the committee substitute in lieu thereof do pass and be printed. The roll call recorded five ayes and no nays; the committee certified the bill for the local and uncontested calendar.

- SCR 48 (Middleton): Dean Zafarini moved that SCR 48 be reported to the full Senate with a recommendation that it do pass and be printed. The roll call recorded seven ayes and no nays; the committee recommended SCR 48 for the local and uncontested calendar. SCR 48 urges the Gulf Coast Protection District and the U.S. Army Corps of Engineers not to compromise navigation safety or two-way vessel movement when implementing a coastal protection project.

- SB 23 51 (Alvarado): The committee adopted the committee substitute for SB 23 51 without objection. The committee then voted to report SB 23 51 favorably to the full Senate with the committee substitute adopted in lieu thereof; roll call showed seven ayes and no nays. The bill was recommended for the local and uncontested calendar.

- SB 25 50 (West): Dean Zafarini moved to report SB 25 50 to the full Senate with a recommendation that it do pass and be printed. The roll call recorded six ayes, no nays and one absent; the committee reported the bill favorably and recommended it for the local and uncontested calendar.

Procedural notes: multiple committee substitutes were discussed and adopted by unanimous consent or without objection. In some cases committee members asked to be shown as recorded in favor by unanimous consent. Several bills were left pending earlier in the hearing and later carried motions to report during the same session. The clerk called roll for each reported bill and recorded the votes noted above.","The committee voted to adopt substitutes and report multiple measures to the full Senate, including SB 410 (committee substitute adopted), SCR 48, SB 23 51 and SB 25 50.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":104,"_45":105,"_47":106,"_49":107,"_51":108,"_53":109,"_55":56,"_57":58,"_59":110,"_61":62,"_63":64,"_65":111,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6264358,"Bill would exempt groundwater and surface water transfers from certain property-disclosure statutes",570,660000,1230000,"/Search/View?dp=1&key=3096769-f136f904fb7c37ee4ab4e4ff66c70b53&start=660&end=1230","https://assets.pipeline.soar.com/3096769-f136f904fb7c37ee4ab4e4ff66c70b53/thumbnail_660000.jpg","/articles/6264358/Texas/Bill-would-exempt-groundwater-and-surface-water-transfers-from-certain-property-disclosure-statutes","https://secure.pipeline.soar.com/6264358-285c2cb99b1c84c2269e1c459c355c5d/orig.mp4?Expires=1771114233&Signature=YATjl4jWmjLAWyI8oVJcq4bbbEVTjiEReJdSiKDYD5MLipKLIoFfkXQBKhDIZSK~SYAkDZD~JQxt9gnf7KkQFJd~LJDGBZDSJlMNdaVWZY7WFdKM9xRCuVqSzpl-k~MoS-vEP9hupUjvwVXP01V4n5oo-j6Q0TurtABkfq2En1llDinCEkuF4q9snYuCwLzPzohLWYgy3iB6RXk1qStIj3NpXnpTa3FYlYN7h8q5Lcw3T47uTrGRH0YSF8M8eWB-geUQfn4MPrg-d2S4-Iy8Q8SmD4g6ilouEsUgHzaTaNsi8KLQeCS6k1JGmHqKmNqeiqB4XGaADGyaZqW0Jjr8Vw__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 25 50, carried by Senator West, would exempt transfers of groundwater and surface water rights from a group of statutory disclosure requirements that currently apply to real-property transactions. The sponsor said the bill arose from guidance provided by real-estate practitioners who observed that existing disclosure statutes use the term \"real property,\" which under Texas law can include water rights.

Why it matters: testimony from Denise Chaney on behalf of the Texas Real Estate Probate and Trust Law Institute explained that disclosure statutes were intended to inform buyers about surface-use conditions that affect land, not to impose penalties on sellers of water rights. She said attorneys and landowners who sell water rights have been forced to comply with disclosure statutes that do not meaningfully apply to the sale of water and that the statutes carry penalties for noncompliance, including potential contract termination and return of earnest money.

TCEQ resource witnesses Kim Nygren and Todd Galiga from the water availability division joined the committee as technical resources. The sponsor summarized that five statutes addressed in the bill already exempt mineral-rights transfers and the bill would treat groundwater and surface water transfers similarly by statutory exemption.

Outcome: public testimony concluded and the committee left the bill pending with intent to move it quickly. The committee later reported SB 25 50 favorably to the full Senate during the same hearing; roll-call recorded six ayes and no nays on the motion to report the bill favorably.","Sen. West’s SB 25 50 would exempt transfers of groundwater and surface water rights from a set of statutory disclosure requirements that apply to real property sales; proponents said the statutes were written for surface-use disclosures and unintentionally captured water/mineral rights, creating penalties for sellers.",{"_33":113,"_35":36,"_37":38,"_39":114,"_41":115,"_43":116,"_45":117,"_47":118,"_49":119,"_51":120,"_53":121,"_55":56,"_57":58,"_59":122,"_61":62,"_63":64,"_65":123,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6264363,"Bill would let TCEQ require updated standard-air permits when concrete batch plants seek construction extensions",178,72000,250000,"/Search/View?dp=1&key=3096769-f136f904fb7c37ee4ab4e4ff66c70b53&start=72&end=250","https://assets.pipeline.soar.com/3096769-f136f904fb7c37ee4ab4e4ff66c70b53/thumbnail_72000.jpg","/articles/6264363/Texas/Bill-would-let-TCEQ-require-updated-standard-air-permits-when-concrete-batch-plants-seek-construction-extensions","https://secure.pipeline.soar.com/6264363-f7813be803311413fa425302d8728582/orig.mp4?Expires=1771114233&Signature=K9lJTb03NZLkwdNyq08sevj1iU5okWvHzwfjKCTMQIgsYUygcF7BspGscAMSnHxrWAMGXHCkYxEVt5V-7FefQTEi-Wkx8~t8SUiXvuh-Ll6EvOffMCg01rkit6UA8wQfmrklZl5VNMcAIY2GlhFn~5-~OLjfWZY6ko2m-3z3h-eYf2IzvT4iaPBZbHyOK2q-MiMT1XCqdyl2tnuL9SQzBKHvTKnmE33rctRvmTanK0Pvasi2DSLwP1U0qxCqymwP1caR02PGtWIR6X5eA4eKQct2DZG2FshnK63V5OihLydICtSmYZ4Cz-anVN5tlKZaB4JFiLvL4YNMh8JmkkKPXA__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 23 51, filed by Senator Alvarado, would add statutory language giving the Texas Commission on Environmental Quality (TCEQ) express discretion to require concrete batch plants holding standard air permits to comply with the most recent version of the standard permit when they request extensions to their construction deadlines.

Current practice: under existing TCEQ rules, a standard permit holder that requests additional time to begin construction may be required to update plans to comply with changes adopted since the original permit was issued. Senator Alvarado said the bill \"formally adds a statute to the statute, a process already allowed under the agency's existing rules,\" giving clarity on that discretion after a 2024 TCEQ update to standard air permits changed setback distances, emissions output and dust-control measures.

Committee substitute: Senator Alvarado sent up a committee substitute that fixes a drafting error by removing language that would have required a plant to request an extension before the bill applied, and the substitute also carves out temporary plants from the bill’s coverage.

Public testimony: no members of the public registered to testify on SB 23 51 at this hearing.

Outcome: the committee adopted the committee substitute without objection and voted to report the bill favorably to the full Senate; the sponsor asked colleagues to be shown as supporting the committee substitute by unanimous consent. The committee left further scheduling and amendment work to staff and the sponsor.","Sen. Alvarado’s SB 2351 would add statutory clarity allowing the Texas Commission on Environmental Quality to require concrete batch plants holding a standard air permit to meet the most recent standard when requesting construction delays or extensions; a committee substitute fixes a drafting error and carves out temporary plants.","actionData","errors"]

Article not found

Bill would let TCEQ commissioners resolve contested-case discovery disputes; committee substitute adds timing safeguard

Senate bill would bar concrete-crushing within 440 yards of hospitals after LBJ community outcry

Committee reports four measures to full Senate; committee adopts substitutes on several bills

Bill would exempt groundwater and surface water transfers from certain property-disclosure statutes

Bill would let TCEQ require updated standard-air permits when concrete batch plants seek construction extensions