By:  Barrientos                                        S.B. No. 316
       73R2246 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to notice requirements for hearings related to certain
    1-3  permits for air contaminant sources.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 382.056, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 382.056.  Notice of Intent to Obtain Permit or Permit
    1-8  Review; Hearing.  (a)  An applicant for a permit under Section
    1-9  382.0518 or 382.054 or a permit renewal review under Section
   1-10  382.055 shall publish notice of intent to obtain the permit or
   1-11  permit review.
   1-12        (b)  The applicant shall publish the notice at least once in
   1-13  a newspaper of general circulation in the municipality in which the
   1-14  facility is located or is proposed to be located or in the
   1-15  municipality nearest to the location or proposed location of the
   1-16  facility.  The applicant shall also publish the notice at least
   1-17  once in a publication that is circulated in the area in which the
   1-18  facility is located or is proposed to be located and that is
   1-19  published in the primary language of any population group that:
   1-20              (1)  speaks primarily a language other than English;
   1-21  and
   1-22              (2)  constitutes five percent or more of the population
   1-23  that resides one mile or less from the facility or proposed
   1-24  facility.
    2-1        (c)  The board by rule shall prescribe when notice must be
    2-2  published and may require publication  of additional notice.
    2-3        (d) <(b)>  The notice must include:
    2-4              (1)  a description of the location or proposed location
    2-5  of the facility;
    2-6              (2)  a statement that a person who may be affected by
    2-7  emissions of air contaminants from the facility or proposed
    2-8  facility is entitled to request a hearing from the board;
    2-9              (3)  a description of the manner in which the board may
   2-10  be contacted for further information; and
   2-11              (4)  any other information the board by rule requires.
   2-12        (e) <(c)>  At the site of a facility or proposed facility for
   2-13  which a permit application or permit review application is
   2-14  submitted, the applicant shall place a sign declaring the filing of
   2-15  an application for a permit or permit review for a facility at the
   2-16  site and stating the manner in which the board may be contacted for
   2-17  further information.  The board shall adopt any rule necessary to
   2-18  carry out this subsection.
   2-19        (f) <(d)>  Except as provided by Section 382.0561, the board
   2-20  or its delegate shall hold a public hearing on the permit
   2-21  application or permit review application before granting the permit
   2-22  or renewal if a person who may be affected by the emissions, or a
   2-23  member of the legislature from the general area in which the
   2-24  facility or proposed facility is located, requests a hearing within
   2-25  the period set by board rule.  The board is not required to hold a
   2-26  hearing if the basis of a request by a person who may be affected
   2-27  is determined to be unreasonable.
    3-1        SECTION 2.  The importance of this legislation and the
    3-2  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.