Texas Water Code 26.0283 – Denial of Application for Permit; Assistance Provided by Certain Former Employees
(a) In this section, “former employee” means a person:
(1) who was previously employed by the commission as a supervisory or exempt employee; and
(2) whose duties during employment with the commission included involvement in or supervision of the commission’s review, evaluation, or processing of applications.
(b) The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer the permit if the board determines that a former employee:
(1) participated personally and substantially as a former employee in the commission’s review, evaluation, or processing of that application before leaving his employment with the commission; and
(2) after leaving his employment with the commission, provided assistance with the application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
Terms Used In Texas Water Code 26.0283
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the Texas Water Development Board. See Texas Water Code 26.001
- Commission: means the Texas Natural Resource Conservation Commission. See Texas Water Code 26.001
- Permit: means an order issued by the commission in accordance with the procedures prescribed in this chapter establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made. See Texas Water Code 26.001
- Person: means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. See Texas Water Code 26.001
(c) The commission shall provide an opportunity for a hearing to an applicant before denying an application under this section.
(d) Action taken under this section will not prejudice any application other than an application in which the former employee provided assistance.