By Saunders H.B. No. 2043
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the process of the Texas Water Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5.103, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 5.103. Rules. (a) The commission shall adopt any
1-7 rules necessary to carry out its powers and duties under this code
1-8 and other laws of this state.
1-9 (b) The commission shall adopt reasonable procedural rules
1-10 to be followed in a commission hearing. The executive director may
1-11 recommend to the commission for its consideration any rules that he
1-12 considers necessary.
1-13 (c) Rules shall be adopted in the manner provided by the
1-14 Administrative Procedure and Texas Register Act (Article 6252-13a,
1-15 Vernon's Texas Civil Statutes). As provided by that Act, the
1-16 commission must adopt rules when adopting, repealing or amending
1-17 any agency statement of general applicability that interprets or
1-18 prescribes law or policy, or describes the procedure or practice
1-19 requirements of an agency. The commission shall follow its own
1-20 rules as adopted until it changes them in accordance with that Act.
1-21 SECTION 2. This law shall apply to all rules in existence at
1-22 the time this law becomes effective and to all rules adopted
1-23 thereafter.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force according to its
2-7 terms, and it is so enacted.
2-8 COMMITTEE AMENDMENT NO. 1
2-9 1. Amend H.B. 2043 by adding a new Section 2 to read as follows:
2-10 SECTION 1. Subchapter C, Chapter 361, Health and Safety
2-11 Code, is amended by revising Section 361.111 to read as follows:
2-12 Sec. 361.111 <DEPARTMENT> COMMISSION SHALL EXEMPT CERTAIN
2-13 MUNICIPAL OR COUNTY FACILITIES. The <department may> commission
2-14 shall exempt from permit requirements a municipal or county solid
2-15 waste management facility that:
2-16 (1) is used in the transfer of municipal solid waste
2-17 from a service area with a population of less than <5,000> 50,000
2-18 or a county with a population of less than 85,000 or from a
2-19 facility used in the transfer of municipal solid waste with a
2-20 capacity of 125 tons per day or less to a solid waste processing or
2-21 disposal site; and
2-22 (2) complies with requirements established by <board
2-23 of health> commission rule that are necessary to protect the
2-24 public's health and the environment.
2-25 (3) to qualify for this exemption the county or
3-1 municipality must hold a public hearing on the siting of the
3-2 facility.
3-3 2. Amend Page 1, Line 21 by replacing "2" with "3" after the word
3-4 SECTION.
3-5 3. Amend Page 1, Line 21 by deleting "this law" after "2" and
3-6 inserting "SECTION 1".
3-7 4. Amend Page 1, Line 24 by replacing "3" with "4" after the word
3-8 SECTION.
3-9 Counts