1-1  By:  Henderson                                        S.B. No. 1613
    1-2        (In the Senate - Filed March 22, 1995; March 23, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  May 3, 1995, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 1; May 3, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to a clarification of the authority for denial, amendment,
    1-9  suspension, or revocation of permits under the Solid Waste Disposal
   1-10  Act.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 361.089, Health and Safety Code, is
   1-13  amended to read as follows:
   1-14        Sec. 361.089.  PERMIT DENIAL, AMENDMENT, SUSPENSION, OR
   1-15  REVOCATION; NOTICE AND HEARING.  (a)  The department or commission
   1-16  may, for good cause, deny, amend, or revoke a permit it issues or
   1-17  has authority to issue for reasons pertaining to public health, air
   1-18  or water pollution, or land use, or for a violation of this chapter
   1-19  or other applicable laws or rules controlling the management of
   1-20  solid waste.
   1-21        (b)  Except as provided by Section 361.110, the department or
   1-22  commission shall notify each governmental entity listed under
   1-23  Section 361.067 and provide an opportunity for a hearing to the
   1-24  permit holder or applicant and persons affected.  The department or
   1-25  commission may also hold a hearing on its own motion.
   1-26        (c)  The board of health and the commission by rule shall
   1-27  establish procedures for public notice and any public hearing under
   1-28  this section.
   1-29        (d)  Hearings under this section shall be conducted in
   1-30  accordance with the hearing rules adopted by the department or
   1-31  commission and the applicable provisions of the Administrative
   1-32  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   1-33  Civil Statutes).
   1-34        (e)  In addition to the authority provided in Subsection (a)
   1-35  the <The> department or commission may deny, suspend for not more
   1-36  than 90 days, or revoke an original or renewal permit if it is
   1-37  found, after notice and hearing, that:
   1-38              (1)  the permit holder has a record of environmental
   1-39  violations in the preceding five years at the permitted site;
   1-40              (2)  the applicant has a record of environmental
   1-41  violations in the preceding five years at any site owned, operated,
   1-42  or controlled by the applicant;
   1-43              (3)  the permit holder or applicant made a false or
   1-44  misleading statement in connection with an original or renewal
   1-45  application, either in the formal application or in any other
   1-46  written instrument relating to the application submitted to the
   1-47  agency, its officers, or its employees;
   1-48              (4)  the permit holder or applicant is indebted to the
   1-49  state for fees, payment of penalties, or taxes imposed by this
   1-50  title or by a rule of the agency; or
   1-51              (5)  the permit holder or applicant is unable to ensure
   1-52  that the management of the hazardous waste management facility
   1-53  conforms or will conform to this title and the rules of the agency.
   1-54        (f)  Before denying, suspending, or revoking a permit under
   1-55  Subsection (e) <this section>, the department or commission must
   1-56  find:
   1-57              (1)  that a violation or violations are significant and
   1-58  that the permit holder or applicant has not made a substantial
   1-59  attempt to correct the violations; or
   1-60              (2)  that the permit holder or applicant is indebted to
   1-61  the state for fees, payment of penalties, or taxes imposed by this
   1-62  title or by a rule of the agency.
   1-63        (g)  For purposes of this section, the terms "permit holder"
   1-64  and "applicant" include each member of a partnership or association
   1-65  and, with respect to a corporation, each officer and the owner or
   1-66  owners of a majority of the corporate stock, provided such partner
   1-67  or owner controls at least 20 percent of the permit holder or
   1-68  applicant and at least 20 percent of another business which
    2-1  operates a solid waste management facility.
    2-2        SECTION 2.  The change made by this Act shall apply to
    2-3  permits issued prior to and following the effective date of this
    2-4  Act.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.
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