The bill, S.B. No. 2203, amends Section 2003.047 of the Government Code to enhance the process for certifying discovery issues to the Texas Commission on Environmental Quality (TCEQ) in contested cases referred to the State Office of Administrative Hearings. The amendments include the addition of Subsection (i-4), which allows an administrative law judge to abate deadlines related to discovery until the TCEQ considers the certified issue or until the certification expires by operation of law. Furthermore, the bill specifies that the jointly adopted rules by the office and the commission must address the certification process, including the types of issues appropriate for certification and the procedure for certifying these issues.

Additionally, the bill introduces new requirements for the rules, such as the obligation for the administrative law judge to promptly certify any discovery-related issues upon a party's motion and the stipulation that certification expires if not considered by the commission within 15 days. The previous requirement for each agency to publish the jointly adopted rules has been removed. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.

Statutes affected:
Introduced: Government Code 2003.047 (Government Code 2003)
Senate Committee Report: Government Code 2003.047 (Government Code 2003)
Engrossed: Government Code 2003.047 (Government Code 2003)
House Committee Report: Government Code 2003.047 (Government Code 2003)