By: Sims S.B. No. 639
A BILL TO BE ENTITLED
AN ACT
1-1 relating to solid waste permits.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 361.068, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 361.068. WHEN APPLICATION IS ADMINISTRATIVELY COMPLETE.
1-6 (a) A permit application is administratively complete when:
1-7 (1) a complete permit application form and the report
1-8 and fees required to be submitted with a permit application have
1-9 been submitted to the department or the commission; and
1-10 (2) the permit application is ready for technical
1-11 review in accordance with the rules of the board of health or
1-12 commission.
1-13 (b) Once a determination of application administrative or
1-14 technical completeness has been made and the permit application has
1-15 become the subject of a contested case as defined in the
1-16 Administrative Procedure and Texas Register Act (Article 6252-13a
1-17 Vernon's Texas Civil Statutes), Section 3:
1-18 (1) the determination of application administrative or
1-19 technical completeness may not be revoked;
1-20 (2) additional information may be requested from the
1-21 applicant, but only when necessary to clarify, modify or supplement
1-22 previously submitted material; and
1-23 (3) requests for such additional information will not
2-1 render the application incomplete.
2-2 SECTION 2. This provision shall apply to all contested cases
2-3 pending as of June 7, 1991 and thereafter.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force according to its
2-10 terms, and it is so enacted.