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 2-23 ------------------------------------------------------------------- 2-24 Name: Jon K. Fisher x 2-25 Representing: Tx Chemical Council 2-26 City: Austin 2-27 ------------------------------------------------------------------- 2-28 Name: Bob Gregory x 2-29 Representing: Tx Disposal Systems, Inc. 2-30 City: Austin 2-31 ------------------------------------------------------------------- 2-32 Name: Ben W. Sebree x 2-33 Representing: Tx Mic-Continent Oil & Gas 2-34 City: Austin 2-35 ------------------------------------------------------------------- 2-36 Name: Walter Fisher x 2-37 Representing: TML 2-38 City: Austin 2-39 ------------------------------------------------------------------- 2-40 Name: Mary Miksa x 2-41 Representing: Tx Assoc. of Business 2-42 City: Austin 2-43 ------------------------------------------------------------------- 2-44 Name: Kenneth R. Ramirez x 2-45 Representing: TWC 2-46 City: 2-47 ------------------------------------------------------------------- 2-48 Name: Scott Royder x 2-49 Representing: Sierra Club 2-50 City: Austin 2-51 ------------------------------------------------------------------- 2-52 Name: Reggie James x 2-53 Representing: Consumer Union 2-54 City: 2-55 -------------------------------------------------------------------