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.