SB 2203

bill on how hearing judges send issues back

Did not pass

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to rules providing for certification of issues to the Texas Commission on Environmental Quality in contested cases referred to the State Office of Administrative Hearings by the commission.

Caption from analyzed text · version I.

Summary

Joint rules with the State Office of Administrative Hearings.

The bill changes the joint rules that the State Office of Administrative Hearings and the Texas Commission on Environmental Quality must adopt for sending issues from a hearing judge back to the commission. It adds a requirement that any dispute a party raises about the scope of discovery in a contested environmental case must be promptly certified by the judge to the commission. In practice, fights over what evidence parties can demand in permit hearings would go to the commission itself instead of being settled by the hearing judge.

Labels

Labels: GOT HALFWAY. Passed the Senate on May 12, 2025. Died in the House: voted out of the Environmental Regulation committee 5-0, no floor vote.

Receipt

The receipt

89R-SB2203 · 2025-03-11

SOLD BY

Sen. Brian BirdwellRSenate 22

ITEM

relating to rules providing for certification of issues to the Texas Commission on Environmental Quality in contested cases referred to the State Office of Administrative Hearings by the commission.

WHAT IT DOES

Joint rules with the State Office of Administrative Hearings.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 19, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Mar 11, 2025Received by the Secretary of the Senate
Mar 11, 2025Filed
Mar 25, 2025Read first time
Mar 25, 2025Referred to Natural Resources
Apr 23, 2025Scheduled for public hearing on . . .
Apr 23, 2025Considered in public hearing
Apr 23, 2025Testimony taken in committee
Apr 23, 2025Left pending in committee
Apr 24, 2025Posting rule suspended
Apr 24, 2025Considered in public hearing
Apr 24, 2025Vote taken in committee
Apr 28, 2025Reported favorably as substituted
Apr 28, 2025Recommended for local & uncontested calendar
Apr 28, 2025Committee report printed and distributed
May 6, 2025Placed on intent calendar
May 9, 2025Placed on local & uncontested calendar
May 9, 2025Removed from local & uncontested calendar
May 12, 2025Rules suspended-Regular order of business
May 12, 2025Vote recorded in Journal
May 12, 2025Read 2nd time
May 12, 2025Amendment(s) offered FA1 Birdwell
May 12, 2025Amended
May 12, 2025Vote recorded in Journal
May 12, 2025Passed to engrossment as amended
May 12, 2025Vote recorded in Journal
May 12, 2025Three day rule suspended
May 12, 2025Record vote
May 12, 2025Read 3rd time
May 12, 2025Passed
May 12, 2025Record vote
May 12, 2025Reported engrossed
May 12, 2025Received from the Senate
May 14, 2025Read first time
May 14, 2025Referred to Environmental Regulation
May 19, 2025Considered in public hearing
May 19, 2025Reported favorably w/o amendment(s)
May 22, 2025Comte report filed with Committee Coordinator
May 22, 2025Committee report distributed
May 23, 2025Committee report sent to Calendars
May 24, 2025Considered in Calendars
May 26, 2025Placed on General State Calendar

FILED UNDER

No verified beat found.

SIGNED FOR BY

Senate · 29 yea · 1 nay

Sources

Senate: Final passage · May 12, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Brian Birdwell

Donors

Texans for Lawsuit Reform PAC Austin TX$30,000

Good Government Fund Fort Worth TX$10,000

Texas Oil & Gas Assn. Good Govt. Cmte Austin TX$10,000

Derived from itemized gifts, Jul 1, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$353,800 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$502,039 spent since Jul 1, 2024. Derived sum of published report totals. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$731,044 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes3

Senate May 12, 2025

Yea: 29
Nay: 1
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

HagenbuchNay
GutierrezExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 1. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 12, 2025

Yea: 29
Nay: 1
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

HagenbuchNay
GutierrezExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Birdwell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 2203 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 1.

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 12, 2025

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

HagenbuchNay
GutierrezExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

CSSB 2203 as amended was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses10

For: 7
Against: 0
On: 3

Names

For

ExxonMobil1 registration
Republic Services1 registration
Sierra Club1 registration
Texas Association of Business1 registration
Texas Association of Manufacturers1 registration
Texas Chemistry Council1 registration
Waste Management of Texas,Inc.1 registration

On

SOAH1 registration
Texas Commission on Environmental Quality2 registrations

Sources

10 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 19, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Mar 11, 2025

05/26/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report

Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.

Companion

HB 3249 by Darby (identical)

Subjects

Environment--General

State Agencies, Boards & Commissions--Admin. Procedure

ADMINISTRATIVE HEARINGS, STATE OFFICE OF

ENVIRONMENTAL QUALITY, TEXAS COMMISSION ON

Text

The text as introduced · 242 words

89R14204 JRR-F

By: Birdwell
S.B. No. 2203

A BILL TO BE ENTITLED

AN ACT

relating to rules providing for certification of issues to the

Texas Commission on Environmental Quality in contested cases

referred to the State Office of Administrative Hearings by the

commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2003.047(i), Government Code, is amended

to read as follows:

(i) The office and the commission jointly shall adopt rules

providing for certification to the commission of an issue that

involves an ultimate finding of compliance with or satisfaction of

a statutory standard the determination of which is committed to the

discretion or judgment of the commission by law. Each agency shall

publish the jointly adopted rules. The rules must :

(1) address, at a minimum, the issues that are

appropriate for certification and the procedure to be used in

certifying the issue ; and

(2) provide that any issue raised by a party relating

to the scope of discovery under Subsection (g) shall be promptly

certified by the administrative law judge to the commission . [ Each

agency shall publish the jointly adopted rules. ]

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.