Sec. 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:
(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.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 6, eff. June 10, 2015.