Tex. Water Code § 36.410
This is the official text of Tex. Water Code § 36.410, part of Texas’s Water Code — governs water rights and water resource management.
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§ 36.410. PROPOSAL FOR DECISION.
Official statutory text
(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.
(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 Section 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 Section 36.409.
(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.
(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 Section 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 Section 36.409.
Status: in_force · Read it on the official government site
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