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.