1-1  By:  Barrientos                                        S.B. No. 316
    1-2        (In the Senate - Filed February 10, 1993; February 11, 1993,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  March 8, 1993, reported favorably, as amended, by the following
    1-5  vote:  Yeas 10, Nays 0; March 8, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Brown              x                               
   1-14        Carriker                                      x    
   1-15        Lucio              x                               
   1-16        Montford           x                               
   1-17        Ratliff            x                               
   1-18        Shelley            x                               
   1-19  COMMITTEE AMENDMENT NO. 1                           By:  Barrientos
   1-20        Amend S.B. No. 316 on page 1, line 46 by striking the
   1-21  underlined language through line 54 and substituting the following:
   1-22        The applicant shall also publish the notice at least once in
   1-23  one or more additional publications circulated in the area in which
   1-24  the facility is located or proposed to be located if the
   1-25  publications are published in whole or in part in a language other
   1-26  than English and the elementary or secondary school attended by
   1-27  residents of the area nearest the facility provides bilingual
   1-28  instruction or English as a second language classes.  The notice
   1-29  shall be in the language other than English.
   1-30                         A BILL TO BE ENTITLED
   1-31                                AN ACT
   1-32  relating to notice requirements for hearings related to certain
   1-33  permits for air contaminant sources.
   1-34        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-35        SECTION 1.  Section 382.056, Health and Safety Code, is
   1-36  amended to read as follows:
   1-37        Sec. 382.056.  Notice of Intent to Obtain Permit or Permit
   1-38  Review; Hearing.  (a)  An applicant for a permit under Section
   1-39  382.0518 or 382.054 or a permit renewal review under Section
   1-40  382.055 shall publish notice of intent to obtain the permit or
   1-41  permit review.
   1-42        (b)  The applicant shall publish the notice at least once in
   1-43  a newspaper of general circulation in the municipality in which the
   1-44  facility is located or is proposed to be located or in the
   1-45  municipality nearest to the location or proposed location of the
   1-46  facility.  The applicant shall also publish the notice at least
   1-47  once in a publication that is circulated in the area in which the
   1-48  facility is located or is proposed to be located and that is
   1-49  published in the primary language of any population group that:
   1-50              (1)  speaks primarily a language other than English;
   1-51  and
   1-52              (2)  constitutes five percent or more of the population
   1-53  that resides one mile or less from the facility or proposed
   1-54  facility.
   1-55        (c)  The board by rule shall prescribe when notice must be
   1-56  published and may require publication  of additional notice.
   1-57        (d) <(b)>  The notice must include:
   1-58              (1)  a description of the location or proposed location
   1-59  of the facility;
   1-60              (2)  a statement that a person who may be affected by
   1-61  emissions of air contaminants from the facility or proposed
   1-62  facility is entitled to request a hearing from the board;
   1-63              (3)  a description of the manner in which the board may
   1-64  be contacted for further information; and
   1-65              (4)  any other information the board by rule requires.
   1-66        (e) <(c)>  At the site of a facility or proposed facility for
   1-67  which a permit application or permit review application is
   1-68  submitted, the applicant shall place a sign declaring the filing of
    2-1  an application for a permit or permit review for a facility at the
    2-2  site and stating the manner in which the board may be contacted for
    2-3  further information.  The board shall adopt any rule necessary to
    2-4  carry out this subsection.
    2-5        (f) <(d)>  Except as provided by Section 382.0561, the board
    2-6  or its delegate shall hold a public hearing on the permit
    2-7  application or permit review application before granting the permit
    2-8  or renewal if a person who may be affected by the emissions, or a
    2-9  member of the legislature from the general area in which the
   2-10  facility or proposed facility is located, requests a hearing within
   2-11  the period set by board rule.  The board is not required to hold a
   2-12  hearing if the basis of a request by a person who may be affected
   2-13  is determined to be unreasonable.
   2-14        SECTION 2.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended,
   2-19  and that this Act take effect and be in force from and after its
   2-20  passage, and it is so enacted.
   2-21                               * * * * *
   2-22                                                         Austin,
   2-23  Texas
   2-24                                                         March 8, 1993
   2-25  Hon. Bob Bullock
   2-26  President of the Senate
   2-27  Sir:
   2-28  We, your Committee on Natural Resources to which was referred S.B.
   2-29  No. 316, have had the same under consideration, and I am instructed
   2-30  to report it back to the Senate with the recommendation that it do
   2-31  pass, as amended, and be printed.
   2-32                                                         Sims,
   2-33  Chairman
   2-34                               * * * * *
   2-35                               WITNESSES
   2-36                                                  FOR   AGAINST  ON
   2-37  ___________________________________________________________________
   2-38  Name:  Susan S. Pitman                           x
   2-39  Representing:  The Chemical Connection
   2-40  City:  Wimberley
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   2-42  Name:  Antonio Diaz                              x
   2-43  Representing:  Poder
   2-44  City:  Austin
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   2-46  Name:  Slyvia Herrera                            x
   2-47  Representing:  Poder, Resident Tank Farm
   2-48  City:  Austin
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