1-1  By:  Sims                                              S.B. No. 639
    1-2        (In the Senate - Filed March 4, 1993; March 8, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 27, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 27, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan                                          x   
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Brown                                          x   
   1-15        Carriker                            x              
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff            x                               
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 639                     By:  Sims
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to solid waste permits.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 361.068, Health and Safety Code, is
   1-26  amended to read as follows:
   1-27        Sec. 361.068.  When Application is Administratively Complete.
   1-28  (a)  A permit application is administratively complete when:
   1-29              (1)  a complete permit application form and the report
   1-30  and fees required to be submitted with a permit application have
   1-31  been submitted to the department or the commission; and
   1-32              (2)  the permit application is ready for technical
   1-33  review in accordance with the rules of the board of health or
   1-34  commission.
   1-35        (b)  Once a determination of application administrative or
   1-36  technical completeness has been made and the permit application has
   1-37  become the subject of a contested case as defined in Section 3,
   1-38  Administrative Procedure and Texas Register Act (Article 6252-13a,
   1-39  Vernon's Texas Civil Statutes):
   1-40              (1)  the determination of application administrative or
   1-41  technical completeness may not be revoked by the commission;
   1-42              (2)  additional information may be requested from the
   1-43  applicant, but only when necessary to clarify, modify, or
   1-44  supplement previously submitted material, provided that all parties
   1-45  may engage in discovery against all other parties, as provided by
   1-46  applicable law; and
   1-47              (3)  requests for such additional information will not
   1-48  render the application incomplete.
   1-49        (c)  Subsection (b) does not preclude an informal disposition
   1-50  of any contested case by stipulation, agreed settlement, consent
   1-51  order, or default.
   1-52        SECTION 2.  Subsection (b), Section 361.137, Health and
   1-53  Safety Code, is amended to read as follows:
   1-54        (b)  The commission by rule shall establish the fee for
   1-55  permit applications at an amount that is reasonable to recover the
   1-56  demonstrable costs of processing an application and developing a
   1-57  draft permit, but that is not less than $2,000 nor more than
   1-58  $50,000.  No additional fee shall be assessed for a draft permit
   1-59  returned for further processing as long as the application is not
   1-60  withdrawn.
   1-61        SECTION 3.  The provisions of this Act shall apply to all
   1-62  contested cases pending as of June 7, 1991, and thereafter.
   1-63        SECTION 4.  The importance of this legislation and the
   1-64  crowded condition of the calendars in both houses create an
   1-65  emergency and an imperative public necessity that the
   1-66  constitutional rule requiring bills to be read on three several
   1-67  days in each house be suspended, and this rule is hereby suspended,
   1-68  and that this Act take effect and be in force from and after its
    2-1  passage, and it is so enacted.
    2-2                               * * * * *
    2-3                                                         Austin,
    2-4  Texas
    2-5                                                         April 27, 1993
    2-6  Hon. Bob Bullock
    2-7  President of the Senate
    2-8  Sir:
    2-9  We, your Committee on Natural Resources to which was referred S.B.
   2-10  No. 639, have had the same under consideration, and I am instructed
   2-11  to report it back to the Senate with the recommendation that it do
   2-12  not pass, but that the Committee Substitute adopted in lieu thereof
   2-13  do pass and be printed.
   2-14                                                         Sims,
   2-15  Chairman
   2-16                               * * * * *
   2-17                               WITNESSES
   2-18                                                  FOR   AGAINST  ON
   2-19  ___________________________________________________________________
   2-20  Name:  Michael Harbushika                        x
   2-21  Representing:  Reconter, Inc.
   2-22  City:  San Diego, CA
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   2-24  Name:  Jon K. Fisher                             x
   2-25  Representing:  Tx Chemical Council
   2-26  City:  Austin
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   2-28  Name:  Bob Gregory                               x
   2-29  Representing:  Tx Disposal Systems, Inc.
   2-30  City:  Austin
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   2-32  Name:  Ben W. Sebree                             x
   2-33  Representing:  Tx Mic-Continent Oil & Gas
   2-34  City:  Austin
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   2-36  Name:  Walter Fisher                             x
   2-37  Representing:  TML
   2-38  City:  Austin
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   2-40  Name:  Mary Miksa                                x
   2-41  Representing:  Tx Assoc. of Business
   2-42  City:  Austin
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   2-44  Name:  Kenneth R. Ramirez                                      x
   2-45  Representing:  TWC
   2-46  City:
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   2-48  Name:  Scott Royder                                      x
   2-49  Representing:  Sierra Club
   2-50  City:  Austin
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   2-52  Name:  Reggie James                                            x
   2-53  Representing:  Consumer Union
   2-54  City:
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