73R9747 E
          By Gallego                                             H.B. No. 799
          Substitute the following for H.B. No. 799:
          By Kuempel                                         C.S.H.B. No. 799
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a permit requirement for the land application of
    1-3  sludge.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 361, Health and Safety
    1-6  Code, is amended by adding Section 361.115 to read as follows:
    1-7        Sec. 361.115.  AUTHORIZATION FOR LAND APPLICATION OF SLUDGE;
    1-8  NOTICE AND HEARING.  (a)  The commission may not issue a new
    1-9  registration for the application of sludge to land unless the
   1-10  commission has held a public meeting in accordance with the
   1-11  requirements of rules adopted under Subsection (b).  Such public
   1-12  meeting is not a contested case hearing under the Administrative
   1-13  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   1-14  Civil Statutes).
   1-15        (b)  The commission by rule shall require the applicant to
   1-16  publish notice of the meeting in a newspaper of general circulation
   1-17  in the county where the land to which the sludge is proposed to be
   1-18  applied is located not less than once a week for the three weeks
   1-19  preceding the meeting.
   1-20        (c)  The requirements of this section are not applicable to
   1-21  any disposal or treatment subject to another requirement under this
   1-22  subchapter or rules adopted under this subchapter.
   1-23        SECTION 2.  (a)  This Act takes effect September 1, 1993.
   1-24        (b)  The requirements of this Act shall not apply to an
    2-1  entity or person currently authorized to beneficially apply sludge
    2-2  by the Texas Water Commission or the Texas Department of Health on
    2-3  or before the effective date of this Act.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.