Rep. Travis Clardy

Rep. Travis Clardy

Rep. Travis Clardy (R-Nacogdoches) has filed legislation codifying recent Texas case law upholding the Texas Commission on Environmental Quality’s discretion to grant or deny requests for contested-case hearings on permit applications. Specifically, HB 1113 places into statute the well-developed “abuse of discretion” standard that has long been part of Texas administrative law and has recently been reaffirmed by the Austin Court of Appeals in multiple decisions. The bill is necessary because recent litigation by some environmental groups has challenged TCEQ’s discretionary authority over requests for contested-case hearings. These lawsuits have urged the courts to restrict the agency’s authority to determine whether a party is entitled to a contested-case hearing under statutory standards enacted by the Texas Legislature. Though these challenges have ultimately been unsuccessful, they continue to cause unnecessary and costly delays in permitting and divert agency and judicial resources. TCJL strongly favors HB 1113 and will vigorously advocate for its passage.

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