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