Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 36.410 - Proposal for Decision(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: (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.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 405,Sec. 6, eff. 6/10/2015.Added by Acts 2005, 79th Leg., Ch. 970, Sec. 17, eff. 9/1/2005.