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.