Tex. Water Code § 36.418

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 36.418 - Rules; Contested Case Hearings; Applicability of Administrative Procedure Act
(a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority to issue a subpoena, require a deposition, or order other discovery.
(b) Except as provided by this section and Sections 36.416 and 36.4165, Chapter 2001, Government Code, does not apply to a hearing under this subchapter.
(c) The district shall adopt rules to:
(1) establish a procedure for preliminary and evidentiary hearings;
(2) allow the presiding officer, at a preliminary hearing by the district and before a referral of the case to the State Office of Administrative Hearings, to determine a party's right to participate in a hearing according to Section 36.415(b)(2); and
(3) set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings under Section 36.416.

Tex. Water Code § 36.418

Amended By Acts 2011, 82nd Leg., R.S., Ch. 53, Sec. 4, eff. 5/12/2011.
Amended By Acts 2011, 82nd Leg., R.S., Ch. 53, Sec. 5, eff. 5/12/2011.
Added by Acts 2005, 79th Leg., Ch. 970, Sec. 17, eff. 9/1/2005.