ACG S.B. 866 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
S.B. 866
By: Lucio (Talton)
5-15-97
Committee Report (Unamended)


BACKGROUND 

Currently, there are a variety of procedures for amending or modifying
permits issued by the Texas Natural Resource Conservation Commission
(TNRCC).  For example, the notice requirements for modifications differ
from the municipal solid waste division to the industrial and hazardous
waste program, and there are no modifications for water quality permits.
Permit applicants and the public will find it easier to locate and
understand the requirements to amend a permit if the relevant statutes are
consolidated in a single part of the statute.  This bill will provide new
regulations regarding the transfer of permits, registrations or other
authorizations issued by TNRCC. 

PURPOSE

S.B. 866 provides new regulations regarding the transfer of permits,
registrations or other authorizations issued by the Texas Natural Resource
Conservation Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 2 (Section 5.239(c), Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.001, Water Code, by adding Subdivisions (4)
and (5), to define "change of ownership" and "transfer." 

SECTION 2. Amends Chapter 5F, Water Code, by adding Section 5.239, as
follows: 

Sec.  5.239.  TRANSFER OF PERMIT.  Authorizes a permit to be transferred,
except as provided by Subsection (b), if the person seeking the permit
transfer meets certain requirements.  Authorizes a permit issued under
Chapter 11 to be transferred by the Texas Natural Resource Conservation
Commission (TNRCC) according to that chapter and TNRCC rules adopted under
that chapter.  Requires TNRCC to adopt rules to implement this section.
Defines "permit." 

SECTION 3. Amends Section 381.086(c), Health and Safety Code, to authorize
a permit to be transferred as provided by Section 5.239, Water Code.
Deletes a provision prohibiting transfer of a permit without first giving
written notice to and receiving written approval of the agency that issued
the permit. 

SECTION 4. Amends Section 361.112(h), Health and Safety Code, to delete a
reference to transfer of a permit.  Makes a conforming change. 

SECTION 5. Amends Chapter 371B, Health and Safety Code, by adding Section
371.0261, as follows: 

Sec.  371.0261.  TRANSFER OF REGISTRATION.  Authorizes a registration to
be transferred as provided by Section 5.239, Water Code. 

SECTION 6. Amends Section 382.051, Health and Safety Code, as follows:
 
Sec.  382.051.  New heading: PERMITTING AUTHORITY OF COMMISSION; RULES;
TRANSFER OF PERMIT.    Makes a conforming change to provide a reference to
 Section 5.239, Water Code.

SECTION 7. Amends Section 401.110, Health and Safety Code, to authorize
the Texas Department of Health or TNRCC, in making a determination whether
to assign a license or registration, to consider certain criteria. 

SECTION 8. Amends Section 401.119, Health and Safety Code, as follows:

Sec.  401.119.  New heading: LICENSE OR REGISTRATION TRANSFER.  Authorizes
a registration issued by the Texas Department of Health or TNRCC to be
assigned only to a person qualified under rules of the issuing agency. 

SECTION 9. Amends Section 13.251, Water Code, to make a conforming change
to provide a reference to Section 5.239, Water Code. 

SECTION 10. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 11. Emergency clause.