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:
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