SRC-SLL S.B. 866 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 866
By: Lucio
Natural Resources
3-11-97
As Filed


DIGEST 

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

As proposed, 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 5.238(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 5.238, as
follows: 

Sec.  5.238.  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 382, Health and Safety Code, to be transferred by the Texas
Natural Resource Conservation Commission (TNRCC) according to TNRCC rule.
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 5.238, 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 5.238, 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. 

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 13.187(a), Water Code, to make conforming
changes. 

SECTION 10. Amends Section 13.251, Water Code, to make a conforming change.

SECTION 11. Amends Section 13.301(g), Water Code, to make a conforming
change. 

SECTION 12. Amends Section 36.352(a), Water Code, to require the terms and
conditions for consolidation to include transfer, in accordance with
Section 5.238 or any other applicable provision of this code, of all
permits issued in the area that is the subject of the consolidation to the
consolidated district. 

SECTION 13. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 14. Emergency clause.