By Gallego H.B. No. 327
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice requirements for certain permits issued by the
1-3 Texas Water Commission or its successor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.0641, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 361.0641. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
1-8 (a) On receiving an application for, or notice of intent to file
1-9 an application for, a permit to construct, operate, or maintain a
1-10 facility to store, process, or dispose of solid waste or hazardous
1-11 waste, the <department or> commission<, as appropriate,> shall send
1-12 notice of the application or the notice of intent to the state
1-13 senator and representative who represent the area in which the
1-14 facility is or will be located.
1-15 (b) On the written request of a state senator or
1-16 representative, the commission shall send to the senator and
1-17 representative during the calendar biennium notice of:
1-18 (1) any application for an amendment or renewal of a
1-19 permit to construct, operate, or maintain a facility to store,
1-20 process, or dispose of solid waste or hazardous waste that is or
1-21 will be located in the area represented by the senator and
1-22 representative; and
1-23 (2) the commission's final decision to grant or deny
1-24 such a permit, amendment, or renewal.
2-1 (c) Not later than January 15 of each odd-numbered year, the
2-2 commission shall notify each state senator and representative of
2-3 the right to receive notice under Subsection (b).
2-4 SECTION 2. Section 382.0516, Health and Safety Code, is
2-5 amended to read as follows:
2-6 Sec. 382.0516. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
2-7 (a) On receiving an application for a construction permit, a
2-8 special permit, or an operating permit for a facility that may emit
2-9 air contaminants, the board shall send notice of the application to
2-10 the state senator and representative who represent the area in
2-11 which the facility is or will be located.
2-12 (b) On the written request of a state senator or
2-13 representative, the board shall send to the senator and
2-14 representative during the calendar biennium notice of:
2-15 (1) any application for an amendment or renewal of a
2-16 construction permit, special permit, or operating permit for a
2-17 facility that may emit air contaminants that is located in the area
2-18 represented by the senator or representative; and
2-19 (2) the board's final decision to grant or deny such a
2-20 permit, amendment, or renewal.
2-21 (c) Not later than January 15 of each odd-numbered year, the
2-22 board shall notify each state senator and representative of the
2-23 right to receive notice under Subsection (b).
2-24 SECTION 3. Subchapter K, Chapter 401, Health and Safety
2-25 Code, is amended by adding Section 401.4135 to read as follows:
2-26 Sec. 401.4135. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
2-27 (a) On the written request of a state senator or representative,
3-1 the Texas Natural Resource Conservation Commission shall send to
3-2 the senator and representative during the calendar biennium notice
3-3 of:
3-4 (1) any application for a license, amendment of a
3-5 license, or renewal of a license for the disposal of a radioactive
3-6 substance in the area represented by the state senator and
3-7 representative; and
3-8 (2) the commission's final decision to grant or deny
3-9 such a license, amendment, or renewal.
3-10 (b) Not later than January 15 of each odd-numbered year, the
3-11 commission shall notify each state senator and representative of
3-12 the right to receive notice under Subsection (a).
3-13 SECTION 4. Subchapter B, Chapter 26, Water Code, is amended
3-14 by adding Section 26.0286 to read as follows:
3-15 Sec. 26.0286. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
3-16 (a) On the written request of a state senator or representative,
3-17 the commission shall send to the senator and representative during
3-18 the calendar biennium notice of:
3-19 (1) any application for a permit, amendment of a
3-20 permit, or renewal of a permit under this chapter for a discharge
3-21 that will occur or a facility that is or will be located in the
3-22 area represented by the senator and representative; and
3-23 (2) the commission's final decision to grant or deny
3-24 such a permit, amendment, or renewal.
3-25 (b) Not later than January 15 of each odd-numbered year, the
3-26 commission shall notify each state senator and representative of
3-27 the right to receive notice under Subsection (a) of this section.
4-1 SECTION 5. Subchapter B, Chapter 27, Water Code, is amended
4-2 by adding Section 27.0145 to read as follows:
4-3 Sec. 27.0145. NOTICE TO STATE SENATOR AND REPRESENTATIVE.
4-4 (a) On the written request of a state senator or representative,
4-5 the commission shall send to the senator and representative during
4-6 the calendar biennium notice of:
4-7 (1) any application for a permit, amendment of a
4-8 permit, or renewal of a permit under this chapter for an injection
4-9 well that is or will be located in the area represented by the
4-10 senator and representative; and
4-11 (2) the commission's final decision to grant or deny
4-12 such a permit, amendment, or renewal.
4-13 (b) Not later than January 15 of each odd-numbered year, the
4-14 commission shall notify each state senator and representative of
4-15 the right to receive notice under Subsection (a) of this section.
4-16 SECTION 6. The duties given to the Texas Natural Resource
4-17 Conservation Commission by this Act are the duties of the Texas
4-18 Water Commission or its successor if:
4-19 (1) the change in name of the Texas Water Commission
4-20 to the Texas Natural Resource Conservation Commission does not take
4-21 effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
4-22 Legislature, 1st Called Session, 1991;
4-23 (2) the transfer of the powers, duties, rights, and
4-24 obligations of the Texas Water Commission to the Texas Natural
4-25 Resource Conservation Commission does not take effect as provided
4-26 by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
4-27 1991; or
5-1 (3) the 73rd Legislature does not pass an Act that
5-2 becomes law and provides for the transfer of certain powers,
5-3 duties, rights, and obligations of the Texas Water Commission to
5-4 the Texas Natural Resource Conservation Commission on or before
5-5 September 1, 1993.
5-6 SECTION 7. This Act takes effect September 1, 1993, and
5-7 applies only to an application for a permit or license, amendment
5-8 of a permit or license, or renewal of a permit or license issued
5-9 under Chapter 361, 382, or 401, Health and Safety Code, or Chapter
5-10 26 or 27, Water Code, that is received by the Texas Water
5-11 Commission or its successor on or after that date.
5-12 SECTION 8. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.