BILL ANALYSIS


                                                        S.B. 1613
                                                    By: Henderson
                                                Natural resources
                                                         05-03-95
                                     Committee Report (Unamended)
BACKGROUND

The interpretation of Section 361.089 of the Health and Safety Code
has created confusion.  The legal staff of the Texas Natural
Resource Conservation Commission (TNRCC) strictly interprets this
section to limit TNRCC's authority to revoke a hazardous waste
management facility permit on the grounds of incompatible land use. 
TNRCC does not have the authority to revoke a permit in situations
where it cannot find the existence of uncorrected violations even
if the permittee is responsible for endangerment of the public
health or environmental pollution.  The interpretation prohibits
TNRCC from denying a permit application unless there is evidence of
uncorrected violations or a case of nonpayment of fees.

PURPOSE

As proposed, S.B. 1613 clarifies the authority of the Texas Natural
Resource Conservation Commission to deny, amend, suspend, or revoke
permits under the Solid Waste Disposal Act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 361.089, Health and Safety Code, as
follows:

     (a)-(d) Make no change.
     
     (e) Authorizes the Texas Natural Resource Conservation
     Commission (commission), in addition to the authority provided
     in Subsection (a), to deny, suspend for no more than 90 days,
     or revoke an original or renewal permit for a hazardous waste
     management facility if certain findings are made.
     
     (f) Sets forth findings the commission is required to make
     before denying, suspending, or revoking a permit under
     Subsection (e), rather than this section.
     
     (g) Makes no change.
     
     SECTION 2.     Requires the change made by this law to apply to permits
issued to prior to following the effective date of this Act.

SECTION 3. Emergency clause.
           Effective date: upon passage.