By:  Maxey                                             H.B. No. 250
       73R130 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the transfer of solid waste permits.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 361.088, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 361.088.  Permit Issuance, Amendment, Extension,
    1-7  Transfer, and Renewal; Notice and Hearing.  (a)  The department or
    1-8  the commission may amend, extend, transfer, or renew a permit it
    1-9  issues in accordance with reasonable procedures prescribed by the
   1-10  department or commission, as appropriate.
   1-11        (b)  The procedures prescribed by Section 361.067 for a
   1-12  permit application apply to an application to amend, extend,
   1-13  transfer, or renew a permit.
   1-14        (c)  Before a permit is issued, amended, extended,
   1-15  transferred, or renewed, the agency to which the application is
   1-16  submitted shall provide an opportunity for a hearing to the
   1-17  applicant and persons affected.  The agency may also hold a hearing
   1-18  on its own motion.
   1-19        (d)  In addition to providing an opportunity for a hearing
   1-20  held under this section, the department or the commission shall
   1-21  hold a public meeting and give notice as provided by Section
   1-22  361.0791.
   1-23        SECTION 2.  (a)  This Act takes effect September 1, 1993.
   1-24        (b)  The change in law made by this Act applies only to a
    2-1  request or application to transfer a permit issued by the Texas
    2-2  Department of Health or the Texas Water Commission or its successor
    2-3  under Chapter 361, Health and Safety Code, that is:
    2-4              (1)  pending before the commission or its successor on
    2-5  the effective date of this Act; or
    2-6              (2)  submitted to the commission or its successor on or
    2-7  after the effective date of this Act.
    2-8        SECTION 3.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency   and   an   imperative   public   necessity   that   the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.