By Saunders H.B. No. 2431
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a requirement to conduct public meetings on municipal
1-3 solid waste and hazardous waste permit applications.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 361.088, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 361.088. Permit Issuance, Amendment, Extension and
1-8 Renewal; Notice and Hearing. (a) The department or the commission
1-9 may amend, extend, or renew a permit it issues in accordance with
1-10 reasonable procedures prescribed by the department or commission,
1-11 as appropriate.
1-12 (b) The procedures prescribed by Section 361.067 for a
1-13 permit application apply to an application to amend, extend, or
1-14 renew a permit.
1-15 (c) Before a permit is issued, amended, extended, or
1-16 renewed, the agency to which the application is submitted shall
1-17 provide an opportunity for a hearing to the applicant and persons
1-18 affected. The agency may also hold a hearing on its own motion.
1-19 (d) In addition to providing an opportunity for a hearing
1-20 held under this section, the department or commission shall hold a
1-21 public meeting and give notice as provided by Section 361.0791 on
1-22 an application for a new hazardous waste or municipal solid waste
1-23 management facility in the county in which the facility is to be
2-1 located. The department or commission, on request of a person
2-2 affected or as otherwise required by agency rule, shall hold a
2-3 public meeting on an application for a Class 3 modification or
2-4 major amendment to an existing facility's hazardous waste permit
2-5 and on an application for a Class 3 modification or major amendment
2-6 to an existing facility's municipal solid waste permit.
2-7 SECTION 2. This Act does not apply to an application for a
2-8 new facility or to an application to amend the permit of an
2-9 existing facility if a contested hearing on the application has
2-10 been scheduled before the effective date of this Act.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.