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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.