Texas Water Code 36.410 – Proposal for Decision
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(a) Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day after the date the evidentiary hearing is concluded.
(b) The proposal for decision must include:
(1) a summary of the subject matter of the hearing;
(2) a summary of the evidence or public comments received; and
(3) the presiding officer’s recommendations for board action on the subject matter of the hearing.
Terms Used In Texas Water Code 36.410
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Quorum: The number of legislators that must be present to do business.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The presiding officer or general manager shall provide a copy of the proposal for decision to:
(1) the applicant; and
(2) each designated party.
(d) A party may submit to the board written exceptions to the proposal for decision.
(e) If the hearing was conducted by a quorum of the board and if the presiding officer prepared a record of the hearing as provided by § 36.408(a), the presiding officer shall determine whether to prepare and submit a proposal for decision to the board under this section.
(f) The board shall consider the proposal for decision at a final hearing. Additional evidence may not be presented during a final hearing. The parties may present oral argument at a final hearing to summarize the evidence, present legal argument, or argue an exception to the proposal for decision. A final hearing may be continued as provided by § 36.409.