Sec. 5.1031. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION. (a) The commission shall develop and implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c) The commission shall:
(1) coordinate the implementation of the policy adopted under Subsection (a);
(2) provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3) collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 1.04, eff. September 1, 2011.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality
Subchapter D. General Powers and Duties of the Commission
Section 5.101. Scope of Subchapter
Section 5.1031. Negotiated Rulemaking and Alternative Dispute Resolution
Section 5.1035. Rules Regarding Drinking-Water Standards
Section 5.104. Memoranda of Understanding
Section 5.106. Budget Approval
Section 5.107. Advisory Committees, Work Groups, and Task Forces
Section 5.108. Executive Director
Section 5.110. General Counsel
Section 5.111. Standards of Conduct
Section 5.112. Public Testimony Policy
Section 5.113. Commission and Staff Responsibility Policy
Section 5.114. Applications and Other Documents
Section 5.115. Persons Affected in Commission Hearings; Notice of Application
Section 5.116. Hearings; Recess
Section 5.117. Mandatory Enforcement Hearing
Section 5.1175. Payment of Penalty by Installment
Section 5.118. Power to Administer Oaths
Section 5.119. Commission to Be Knowledgeable
Section 5.1191. Research Model
Section 5.1192. Coordination of Research
Section 5.120. Conservation and Quality of Environment
Section 5.121. Public Information
Section 5.122. Delegation of Uncontested Matters to Executive Director
Section 5.124. Authority to Award Grants
Section 5.125. Cost-Sharing for Environmental Compliance Assessments by Certain Businesses
Section 5.126. Report on Enforcement Actions
Section 5.127. Environmental Management Systems
Section 5.129. Summary for Public Notices
Section 5.130. Consideration of Cumulative Risks
Section 5.132. Creation of Performance Measures for Innovative Regulatory Programs
Section 5.133. Actions in Mexico
Section 5.134. Use of Environmental Testing Laboratory Data and Analysis