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Texas Health & Safety Code - Section 12.016. Public Hearing Procedures

Legal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 12.016. Public Hearing Procedures

§ 12.016. PUBLIC HEARING PROCEDURES.  (a) Any statements, 
correspondence, or other form of oral or written communication made 
by a member of the legislature to a department official or employee 
during a public hearing conducted by the department shall become 
part of the record of the hearing, regardless of whether the member 
is a party to the hearing.
	(b)  When a public hearing conducted by the department is 
required by law to be conducted at a certain location, the 
department shall determine the place within that location at which 
the hearing will be conducted.  In making that determination, the 
department shall consider the cost of available facilities and the 
adequacy of a facility to accommodate the type of hearing and 
anticipated attendance.
	(c)  The department shall conduct at least one session of a 
public hearing after normal business hours on request by a party to 
the hearing or any person who desires to attend the hearing.
	(d)  An applicant for a license, permit, registration, or 
similar form of permission required by law to be obtained from the 
department may not amend the application after the 31st day before 
the date on which a public hearing on the application is scheduled 
to begin.  If an amendment of an application would be necessary 
within that period, the applicant shall resubmit the application to 
the department and must again comply with notice requirements and 
any other requirements of law or board rule as though the 
application were originally submitted to the department on that 
date.
	(e)  If an application for a license, permit, registration, 
or similar form of permission required by law is pending before the 
department at the time when changes take effect concerning notice 
requirements imposed by law for that type of application, the 
applicant must comply with the new notice requirements.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 9.01, eff. 
Sept. 1, 1991.

Last modified: August 10, 2007