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A BILL TO BE ENTITLED
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AN ACT
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relating to changes to an application for an environmental permit |
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before a contested case hearing on the application. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2003.047, Government Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) An applicant whose application has been referred for a |
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contested case hearing to be held in accordance with this section |
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may not request changes to the application after the 31st day before |
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the date scheduled for the preliminary hearing on the application. |
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If an applicant chooses to not proceed with the preliminary hearing |
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on the application on or before the 31st day before the date |
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scheduled for the preliminary hearing, the applicant must withdraw |
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the application with or without prejudice in accordance with |
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commission rule. If an applicant who has withdrawn an application |
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without prejudice subsequently resubmits a revised application, |
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the applicant must comply with applicable notice and other |
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requirements in effect on the date the revised application is |
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submitted to the commission. This subsection does not apply to a |
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change made to an application for which: |
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(1) a preliminary hearing has been held and parties to |
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the hearing have been named; |
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(2) all parties to the hearing have agreed in writing |
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to the proposed changes; and |
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(3) the applicant has complied with applicable notice |
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requirements. |
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SECTION 2. Section 382.0291(d), Health and Safety Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for the issuance or amendment of a permit pending |
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before the Texas Commission on Environmental Quality on or after |
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the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |