By Hilbert                                            H.B. No. 2441
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the amendment, extension, or renewal of a permit for a
    1-3  solid waste facility.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 361.088, Health and Safety Code, is
    1-6  amended by adding Subsections (e) and (f) to read as follows:
    1-7        (e)  If a person affected by an application for amendment,
    1-8  extension, or renewal of a municipal solid waste permit is granted
    1-9  a hearing or the commission requests a hearing on the commission's
   1-10  own motion, the scope of the hearing shall be limited to:
   1-11              (1)  the applicant's compliance record during the
   1-12  current term of the permit;
   1-13              (2)  whether the applicant is indebted to the state for
   1-14  a fee, tax, fine, or assessment;
   1-15              (3)  whether the applicant made a false or misleading
   1-16  statement in connection with an original or renewal application;
   1-17              (4)  whether the applicant has demonstrated compliance
   1-18  with regulatory requirements applicable to the new or expanded
   1-19  operations addressed in the application;
   1-20              (5)  whether the site is suitable for the facility; and
   1-21              (6)  public health and public safety.
   1-22        (f)  Before an application to amend, extend, or renew a
   1-23  municipal solid waste permit may be denied, in whole or part, the
   1-24  commission must find, after an opportunity for a hearing, that:
    2-1              (1)  a significant violation exists and the permit
    2-2  applicant has not made a substantial attempt to correct the
    2-3  violation;
    2-4              (2)  the applicant is indebted to the state for a fee,
    2-5  tax, fine, or assessment imposed under this title or under a rule
    2-6  of the commission;
    2-7              (3)  the applicant made a false or misleading statement
    2-8  in connection with an original or renewal application;
    2-9              (4)  the applicant is unable to demonstrate compliance
   2-10  with  regulatory requirements applicable to the  new or expanded
   2-11  operation addressed in the application;
   2-12              (5)  the site is not suitable for the facility; or
   2-13              (6)  there is no adverse effect to public safety and
   2-14  public health.
   2-15        SECTION 2.  Subchapter C, Chapter 361, Health and Safety
   2-16  Code, is amended by adding Section 361.070 to read as follows:
   2-17        Sec. 361.070.  SOLE PERMIT HEARING.  (a)  If applications for
   2-18  all required permits are simultaneously filed by a facility
   2-19  required to have more than one permit issued by the commission, the
   2-20  commission shall hold one consolidated application review and
   2-21  permit hearing on all the required permits.
   2-22        (b)  Unless required under the federal Clean Air Act, a
   2-23  municipal solid waste facility permitted under this chapter is not
   2-24  required to obtain a separate air quality permit.
   2-25        SECTION 3.  This Act takes effect September 1, 1995, and
   2-26  applies only to an application to amend, extend, or renew a permit
   2-27  filed on or after that date.  An application to amend, extend, or
    3-1  renew a permit that is filed before the effective date of this Act
    3-2  is governed by the law in effect on the date the application was
    3-3  filed, and the former law is continued in effect for that purpose.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.