S.B. No. 639
                                        AN ACT
    1-1  relating to the public meeting and notice and hearing requirements
    1-2  for proposed solid waste management facilities and to
    1-3  administrative and technical completeness of permit applications
    1-4  for those facilities.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 361.068, Health and Safety Code, is
    1-7  amended to read as follows:
    1-8        Sec. 361.068.  <WHEN APPLICATION IS> ADMINISTRATIVELY
    1-9  COMPLETE APPLICATION.  (a)  A permit application is
   1-10  administratively complete when:
   1-11              (1)  a complete permit application form and the report
   1-12  and fees required to be submitted with a permit application have
   1-13  been submitted to the department or the commission; and
   1-14              (2)  the permit application is ready for technical
   1-15  review in accordance with the rules of the <board of health or>
   1-16  commission.
   1-17        (b)  Once a determination that an application is
   1-18  administratively and technically complete has been made and the
   1-19  permit application has become the subject of a contested case under
   1-20  Section 3, Administrative Procedure and Texas Register Act (Article
   1-21  6252-13a, Vernon's Texas Civil Statutes):
   1-22              (1)  the commission may not revoke the determination
   1-23  that an application is administratively or technically complete;
    2-1              (2)  the commission may request additional information
    2-2  from the applicant only if the information is necessary to clarify,
    2-3  modify, or supplement previously submitted material provided that
    2-4  all parties may engage in discovery against all other parties, as
    2-5  provided by applicable law; and
    2-6              (3)  a request for additional information does not
    2-7  render the application incomplete.
    2-8        (c)  Subsection (b) does not:
    2-9              (1)  preclude an informal disposition of a contested
   2-10  case by stipulation, agreed settlement, consent order, or default;
   2-11  or
   2-12              (2)  restrict the right of any party to conduct
   2-13  discovery against any applicable party under other law.
   2-14        SECTION 2.  Subsection (b), Section 361.137, Health and
   2-15  Safety Code, is amended to read as follows:
   2-16        (b)  The commission by rule shall establish the fee for
   2-17  permit applications at an amount that is reasonable to recover the
   2-18  demonstrable costs of processing an application and developing a
   2-19  draft permit, but that is not less than $2,000 nor more than
   2-20  $50,000.  An additional fee may not be assessed for a draft permit
   2-21  returned for further processing unless the application is
   2-22  withdrawn.
   2-23        SECTION 3.  Section 361.0791, Health and Safety Code, is
   2-24  amended to read as follows:
   2-25        Sec. 361.0791.  PUBLIC MEETING AND NOTICE REQUIREMENT.
    3-1  (a)  Notwithstanding other law, the commission shall hold a public
    3-2  meeting on an application for a new hazardous waste management
    3-3  facility in the county in which the proposed hazardous waste
    3-4  management facility is to be located.  The commission, on request
    3-5  of a person affected or as otherwise required by commission rule,
    3-6  shall hold a public meeting on an application for a Class 3
    3-7  modification or a major amendment to an existing facility's
    3-8  hazardous waste permit.
    3-9        (b)  Notwithstanding other law, the commission shall hold a
   3-10  public meeting on an application for a new municipal solid waste
   3-11  management facility in the county in which the proposed municipal
   3-12  solid waste management facility is to be located.
   3-13        (c)  A public meeting held as part of a local review process
   3-14  under Section 361.063 meets the requirement of Subsection (a) or
   3-15  (b) if notice is provided as required by this section.
   3-16        (d) <(c)>  A public meeting under this section is not a
   3-17  contested case hearing under the Administrative Procedure and Texas
   3-18  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
   3-19        (e) <(d)>  If a meeting is required under Subsection (a), not
   3-20  less than once each week during the three weeks preceding a public
   3-21  meeting, the applicant shall publish notice of the meeting in the
   3-22  newspaper of the largest general circulation that is published in
   3-23  the county in which the proposed facility is to be located or, if
   3-24  no newspaper is published in the county, in a newspaper of general
   3-25  circulation in the county.  The applicant shall provide the
    4-1  commission, department, or Texas Air Control Board, as appropriate,
    4-2  an affidavit certifying that the notice was given as required by
    4-3  this section.  Acceptance of the affidavit creates a rebuttable
    4-4  presumption that the applicant has complied with this section.
    4-5        (f) <(e)>  The published notice may not be smaller than 96.8
    4-6  square centimeters or 15 square inches with the shortest dimension
    4-7  at least 7.6 centimeters or three inches and shall contain, at a
    4-8  minimum, the following information:
    4-9              (1)  the permit application number;
   4-10              (2)  the applicant's name;
   4-11              (3)  the proposed location of the facility; and
   4-12              (4)  the location and availability of copies of the
   4-13  permit application.
   4-14        (g) <(f)>  The applicant shall pay the cost of notice
   4-15  required to be provided under this section.  The commission by rule
   4-16  may establish procedures for payment of those costs.
   4-17        SECTION 4.  Subsection (b), Section 361.081, Health and
   4-18  Safety Code, is amended to read as follows:
   4-19        (b)  The applicant must certify to the department or
   4-20  commission that the mailings were deposited as required by
   4-21  Subsection (a). Acceptance of the certification creates a
   4-22  rebuttable presumption that the applicant has complied with this
   4-23  section.  Substantial compliance with the notice requirements of
   4-24  Subsection (a) is sufficient for the commission to exercise
   4-25  jurisdiction over an application for a solid waste facility.
    5-1        SECTION 5.  Section 361.0234, Health and Safety Code, is
    5-2  amended by adding Subsection (c) to read as follows:
    5-3        (c)  The assessments and rules adopted under Sections
    5-4  361.0232 and 361.0234 shall not be retroactively applied  to any
    5-5  application that was declared administratively and technically
    5-6  complete and for which public hearings had commenced prior to the
    5-7  original effective date of those sections.
    5-8        SECTION 6.  (a)  Except as provided by Subsection (b) of this
    5-9  section, the changes in law made by this Act apply only to an
   5-10  application for a permit under Subchapter C, Chapter 361, Health
   5-11  and Safety Code, that is received by the Texas Water Commission or
   5-12  its successor on or after the effective date of this Act and to an
   5-13  application for a permit that is subject to Subsection (c), Section
   5-14  361.0234, Health and Safety Code, as added by this Act.
   5-15        (b)  The change in law made by Subsection (b), Section
   5-16  361.081, Health and Safety Code, as amended by this Act, applies to
   5-17  an application for a permit under Subchapter C, Chapter 361, Health
   5-18  and Safety Code, that is:
   5-19              (1)  received by the Texas Water Commission or its
   5-20  successor on or after the effective date of this Act; or
   5-21              (2)  pending before the Texas Water Commission or its
   5-22  successor on the effective date of this Act.
   5-23        SECTION 7.  The importance of this legislation and the
   5-24  crowded condition of the calendars in both houses create an
   5-25  emergency and an imperative public necessity that the
    6-1  constitutional rule requiring bills to be read on three several
    6-2  days in each house be suspended, and this rule is hereby suspended,
    6-3  and that this Act take effect and be in force from and after its
    6-4  passage, and it is so enacted.