By: Smithee H.B. No. 2130
73R6091 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Texas Rapid Action Council.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. DEFINITIONS. In this Act:
1-5 (1) "Permit" means a written authorization required by
1-6 law to be issued by a state agency, including a license, permit,
1-7 certificate, approval, or registration.
1-8 (2) "Permitting agency" means the Texas Natural
1-9 Resource Conservation Commission, the Railroad Commission of Texas,
1-10 the Texas Low-Level Radioactive Waste Authority, or the Texas
1-11 Radiation Control Agency.
1-12 SECTION 2. TEXAS RAPID ACTION COUNCIL. (a) The Texas Rapid
1-13 Action Council is an agency of the state.
1-14 (b) The council consists of:
1-15 (1) the governor;
1-16 (2) the lieutenant governor;
1-17 (3) the speaker of the house of representatives;
1-18 (4) a committee chairman from both the senate and the
1-19 house of representatives; and
1-20 (5) as an ex officio member, the executive director of
1-21 the Texas Natural Resource Conservation Commission.
1-22 SECTION 3. PURPOSE AND POWERS OF COUNCIL. (a) The purpose
1-23 of the council is to expedite the approval of environmental permits
1-24 for new industries in the state.
2-1 (b) The council, in consultation with a permitting agency,
2-2 may determine which environmental permits required by state law are
2-3 eligible for expedited review under this Act and shall adopt
2-4 procedures for the expedited review and approval or denial of
2-5 environmental permits required by state law, including procedures
2-6 for application, review, notice, hearing, approval or denial, and
2-7 other matters the council considers necessary.
2-8 (c) The council may request additional information regarding
2-9 a permit application within 15 days after receiving the
2-10 application. The council shall approve or deny the permit
2-11 application:
2-12 (1) not later than the 30th day after the date on
2-13 which it receives the application, if no additional information is
2-14 requested; or
2-15 (2) not later than the 30th day after the date on
2-16 which the council receives the additional information it requested.
2-17 (d) The council, by rule, shall impose a special permit fee
2-18 for applications considered under this section.
2-19 (e) The council shall hold a public hearing on any permit
2-20 application considered under this section.
2-21 (f) The council may use the staff of the Texas Natural
2-22 Resource Conservation Commission in carrying out its duties under
2-23 this Act.
2-24 SECTION 4. TRANSITION. Before September 1, 1993, a
2-25 reference in this Act to the Texas Natural Resource Conservation
2-26 Commission is a reference to the Texas Water Commission and the
2-27 Texas Air Control Board. This section expires September 1, 1993.
3-1 SECTION 5. EMERGENCY. The importance of this legislation
3-2 and the crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.