SRC-HRD S.B. 1046 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1046
By: Truan
Natural Resources
-97
As Filed


DIGEST 

Currently, Texas law regarding public notice requirements with which the
Texas Natural Resource Conservation Commission must comply varies widely
among such program areas as water quality, air quality, solid waste, and
hazardous waste.  This inconsistency has created confusion among some
public officials and citizens who are concerned with applications and
other actions of the commission.  This bill would set uniform standards
for public notices, including notice of the filing of an application and
notice before action is taken on an application, clear standards for
informing the public concerning the application and deadlines, where such
notice is to be published, and persons who are to be informed by mail.
S.B. 1046 also requires uniform notice of enforcement actions contemplated
by the commission. 

PURPOSE

As proposed, S.B. 1046 establishes uniform notice procedures for potential
licensing actions and enforcement actions by the Texas Natural Resource
Conservation Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Commission
under SECTION 1 (Sections 5.123 and 5.124, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5D, Water Code, by adding Sections 5.123 and
5.124, as follows: 

Sec. 5.123.  UNIFORM NOTICE OF POTENTIAL LICENSING ACTIONS.  Requires the
Texas Natural Resource Conservation Commission (commission), not later
than December 1, 1997, by rule, to establish requirements for public
notice of an application filed with the commission for any permit,
renewal, or amendment.  Requires the commission, to the extent
practicable, to adopt for all programs uniform notice requirements that
are consistent with federal law and with the legislative goals for notice
in state law.  Requires the notice, whenever appropriate, to be in English
and Spanish.  Authorizes the commission to provide notice under this
section for any application and sets forth provisions regarding notice for
an application.  Authorizes the commission to provide for notice to any
person the commission identifies as potentially having an interest in the
commission's decision.  Sets forth requirements regarding notice under
Subsection (b).  Sets forth requirements for the applicant with regarding
to any notice required by this section or commission rule.  Sets forth
requirements for an applicant providing notice by the placement of a sign
at the location of the activity or facility that is the subject of the
application for certain applications.  Defines "permit."  

Sec. 5.124.  UNIFORM NOTICE OF ENFORCEMENT ACTIONS.  Requires the
commission, not later than December 1, 1997, by rule, to establish
requirements for public notice of potential enforcement actions.
Authorizes the commission to provide for notice of any commission action
to enforce state law, a commission rule, or a permit or order issued by
the commission.  Requires the commission to provide notice for certain
enforcement actions.  Requires the commission, with regard to notice
required by this section or by commission rule, by rule, to require an
entity regulated by the commission to provide certain  information.
Defines "permit." 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective to December 1, 1997.
 
SECTION 3. Emergency clause.