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.