Texas Water Code - WATER § 5.559. Procedures for Permit Application Review and Contested Cases Involving Project to Construct or Modify Liquefied Natural Gas Export Terminal

(a) This section applies only to a permit application filed with the commission for a project to construct or modify a liquefied natural gas export terminal.

(b) The commission by rule shall establish an expedited permit application review process for permit applications described by Subsection (a).  Rules adopted under this subsection must require an applicant who elects the expedited permit application review process to pay an additional fee in an amount the commission determines is necessary to cover the costs of the expedited review.  The additional fee collected pursuant to this subsection is considered part of the application fee and shall be deposited and used in the manner provided for the application fee.

(c) The commission may authorize the use of overtime, full-time equivalent commission employees to support the expedited processing of permit applications under Subsection (b), or contract labor to process those expedited applications.  The overtime, full-time equivalent commission employees, or contract labor authorized under this subsection is not included in the calculation of the number of full-time equivalent commission employees allotted under other law.

(d) The commission may pay for compensatory time, overtime, full-time equivalent commission employees supporting the expedited processing of permit applications under Subsection (b), or contract labor used to implement that subsection.  The commission is authorized to set the rate for overtime compensation for full-time equivalent commission employees supporting the expedited processing of permit applications under Subsection (b).

(e) In a request for a contested case hearing involving a permit application described by Subsection (a), the party requesting the hearing must specify each reason the party is an affected person as defined by Section 5.115(a).

(f) In a contested case involving a permit application described by Subsection (a), an administrative law judge shall conduct a preliminary hearing not later than the 60th day after the date the executive director refers the application to the State Office of Administrative Hearings, provided that the judge may grant one extension of the time, not to exceed 15 days, on request of any party.

(g) The commission shall adopt rules as necessary to implement this section.