By Holzheauser                                        H.B. No. 2877
          Substitute the following for H.B. No. 2877:
          By Jackson                                        C.S.H.B. No. 2877
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the renewal, amendment, or modification of certain
    1-3  emissions permits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (e), Section 382.055, Health and
    1-6  Safety Code, is amended to read as follows:
    1-7        (e)  The board shall impose as a condition for renewal of a
    1-8  preconstruction permit only those requirements the board determines
    1-9  <determined> to be economically reasonable and technically
   1-10  practicable considering the age of the facility and the effect of
   1-11  its emissions on the surrounding area.  The board may not impose
   1-12  requirements more stringent than those of the existing permit
   1-13  unless the board determines that the requirements are necessary to
   1-14  avoid a condition of air pollution or to ensure compliance with
   1-15  otherwise applicable federal or state air quality control
   1-16  requirements.  The board may not impose requirements less stringent
   1-17  than those of the existing permit unless the board determines that
   1-18  a proposed change will meet the requirements of Sections <Section>
   1-19  382.0518 and 382.0541.
   1-20        SECTION 2.  Subsection (d), Section  382.056, Health and
   1-21  Safety Code, is amended to read as follows:
   1-22        (d)  Except as provided by Section 382.0561, the board or its
   1-23  delegate shall hold a public hearing on the permit application or
   1-24  permit renewal <review> application before granting the permit or
    2-1  renewal if a person who may be affected by the emissions, or a
    2-2  member of the legislature from the general area in which the
    2-3  facility or proposed facility is located, requests a hearing within
    2-4  the period set by board rule.  The board shall not <is not required
    2-5  to> hold a hearing if the basis of a request by a person who may be
    2-6  affected is determined to be unreasonable.  Reasons for which a
    2-7  request for a hearing on a permit amendment, modification, or
    2-8  renewal shall be considered to be unreasonable include, but are not
    2-9  limited to, an amendment, modification, or renewal that would not
   2-10  result in an increase in allowable emissions and would not result
   2-11  in the emission of an air contaminant not previously emitted.
   2-12        SECTION 3.  This Act takes effect September 1, 1995.
   2-13        SECTION 4.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.