By Chisum                                             H.B. No. 2628
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the public meeting and hearing requirements for
    1-3  proposed solid waste management facilities.
    1-5        SECTION 1.  Subchapter C, Chapter 361, Health and Safety
    1-6  Code, is amended by revising Section 361.0791(a) and (b) to read as
    1-7  follows:
    1-8        Sec. 361.0791.  Public Meeting and Notice Requirement.
    1-9        (a)  Notwithstanding other law, the commission shall hold a
   1-10  public meeting on an application for a new hazardous waste
   1-11  management facility in the county in which the proposed hazardous
   1-12  waste management facility is to be located.  The commission, on
   1-13  request of a person affected or as otherwise required by commission
   1-14  rule, shall hold a public hearing on an application for a Class 3
   1-15  modification or a major amendment to an existing facility's
   1-16  hazardous waste permit.
   1-17        (b)  Notwithstanding other law, the commission shall hold a
   1-18  public meeting on an application for a new municipal solid waste
   1-19  management facility in the county in which the proposed municipal
   1-20  solid waste management facility is to be located.
   1-21        (c)  A public meeting held as part of a local review process
   1-22  under Section 361.063 meets the requirement of Subsection (a) or
   1-23  (b) if notice is provided as required by this section.
    2-1        (d)  A public meeting under this section is not a contested
    2-2  case hearing under the Administrative Procedure and Texas Register
    2-3  Act (Article 6252-13a, Vernon's Texas Civil Statutes).
    2-4        (e)  If a meeting is required under Subsection (a), not less
    2-5  than once each week during the three weeks preceding a public
    2-6  meeting, the applicant shall publish notice of the meeting in the
    2-7  newspaper of the largest general circulation that is published in
    2-8  the county in which the proposed facility is to be located or, if
    2-9  no newspaper is published in the county, in a newspaper of general
   2-10  circulation in the county.  The applicant shall provide the
   2-11  commission, department, or Texas Air Control Board, as appropriate,
   2-12  an affidavit certifying that the notice was given as required by
   2-13  this section.  Acceptance of the affidavit creates a rebuttable
   2-14  presumption that the applicant has complied with this section.
   2-15        (f)  The published notice may not be smaller than 96.8 square
   2-16  centimeters or 15 square inches with the shortest dimension at
   2-17  least 7.6 centimeters or three inches and shall contain, at a
   2-18  minimum, the following information:
   2-19              (1)  the permit application number;
   2-20              (2)  the applicant's name;
   2-21              (3)  the proposed location of the facility; and
   2-22              (4)  the location and availability of copies of the
   2-23  permit and application.
   2-24        (g)  The applicant shall pay the cost of notice required to
   2-25  be provided under this section.  The commission by rule may
    3-1  establish procedures for payment of those costs.
    3-2        SECTION 2.  Section 361.081, Health and Safety Code, is
    3-3  amended to read as follows:
    3-4        Section 361.081.  Notice of Hearing Concerning Application
    3-5  for a Solid Waste Facility.
    3-6        (a)  The department or the commission, whichever is
    3-7  appropriate, shall require the applicant to mail notice to each
    3-8  residential or business address located within one-half mile of a
    3-9  new solid waste management facility and to each owner of real
   3-10  property located within one-half mile of a new solid waste
   3-11  management facility listed in the real property appraisal records
   3-12  of the appraisal district in which the solid waste management
   3-13  facility is sought to be permitted as of the date the department or
   3-14  commission, whichever is appropriate, determines the permit
   3-15  application is administratively complete.  The notice must be sent
   3-16  by mail and must be deposited with the United States postal service
   3-17  not more than 45 days or less than 30 days before the date of the
   3-18  hearing.
   3-19        (b)  The applicant must certify to the department or
   3-20  commission that the mailings were deposited as required by
   3-21  Subsection (a). Acceptance of the certification creates a
   3-22  rebuttable presumption that the applicant has complied with this
   3-23  section.  Substantial compliance with the notice requirements of
   3-24  Subsection (a) is sufficient for the commission to exercise
   3-25  jurisdiction over an application for a solid waste facility.
    4-1        (c)  In addition to the requirements of Subsection (a), the
    4-2  department or commission, whichever is appropriate, shall hold a
    4-3  public meeting and the applicant shall give notice concerning the
    4-4  application for a permit for a new hazardous waste management
    4-5  facility as provided by Section 361.0791.
    4-6        SECTION 3.  The change in law made by this Act applies only
    4-7  to the public meeting and notice requirements for a solid waste
    4-8  management application under Subchapter C, Chapter 361, Health and
    4-9  Safety Code, that are received by the Texas Water Commission or its
   4-10  successor on or after the effective date of this Act.
   4-11        SECTION 4.  This Act takes effect September 1, 1993.
   4-12        SECTION 5.  This importance of this legislation and the
   4-13  crowded condition of the calendars in both houses creates an
   4-14  emergency and an imperative public necessity that the
   4-15  constitutional rule requiring bills to be read on three several
   4-16  days in each house be suspended, and this rule is hereby suspended.