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
2-41 -------------------------------------------------------------------
2-42 Name: Antonio Diaz x
2-43 Representing: Poder
2-44 City: Austin
2-45 -------------------------------------------------------------------
2-46 Name: Slyvia Herrera x
2-47 Representing: Poder, Resident Tank Farm
2-48 City: Austin
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